STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

REMMERT CORNELIS KUYPER AND ) JEANNIE CHRISTINE KUYPER, on )

behalf of and as parents and ) natural guardians of VALEN ) REMCO KUYPER, a deceased minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 10-9080N

)

ORDER APPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on for consideration pursuant to Sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed October 26, 2010, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes.

By the terms of their Stipulation, the parties have agreed that Remmert Cornelis Kuyper and Jeannie Christine Kuyper, were the parents and legal guardians of the deceased infant,

Valen Remco Kuyper, born a live infant on or about January 2, 2010, at Holmes Regional Medical Center, a "hospital" as defined by Section 766.302(6), Florida Statutes; and that Valen's birth weight exceeded 2,500 grams. The parties have further agreed that Patricia Zylman, M.D., delivered obstetrical services at Valen's birth, and at all times material hereto, was a "participating physician" in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, the parties have agreed that Valen incurred a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes, and died on January 4, 2010.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation and Joint Petition, filed October 26, 2010, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Remmert Cornelis Kuyper and

   
   

   Jeannie Christine Kuyper, as the parents and legal guardians of the deceased minor, Valen Remco Kuyper, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, to be paid in lump sum, and

   
   

   Ten thousand dollars ($10,000.00) death benefit, pursuant to Section 766.31(1)(b)2.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), and the award of Ten thousand dollars

   $10,000.00), (death benefit), and past benefits/expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished.

4. No provision is made under Section 766.31(2), Florida Statutes, to pay future benefits/expenses because the child, Valen, is deceased.

5. With regard to any dispute regarding past benefits/expenses, a hearing will be scheduled by a separate notice of hearing to address those issues. As for the date of hearing, the parties shall, within 45 days of the date of this Order, advise the undersigned Administrative Law Judge, with specificity, of the matters remaining in dispute, of several mutually agreeable dates for hearing, and of the time required for such hearing. The failure of the parties to request such a hearing within 45 days or to file a request within 45 days for additional time to resolve any disputes will result in an order administratively closing the file of the Division of Administrative Hearings. Administrative closing of the file does not divest the Division of jurisdiction for any purpose.

   
   

6. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any disputes, should they arise, regarding the parties' compliance with the terms of this Order.

DONE AND ORDERED this 2nd day of November, 2010, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 2nd day of November, 2010.

COPIES FURNISHED:

(Via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Holmes Regional Medical Center 1350 South Hickory Street Melbourne, Florida 32901

(Certified Mail No. 7010 1670 0000 3105 9219))

Patricia Zylman, M.D.

330 East Hibiscus Boulevard Melbourne, Florida 32901

(Certified Mail No. 7010 1670 0000 3105 9226)

Amy Rice, Acting Investigation Manager Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified Mail No. 7010 1670 0000 3105 9233)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3105 9240)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 10-009080N

Orders for Case No: 10-009080N