STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOMARIE PEREZ AND JOSE G. )

COLON, on behalf of and as ) parents and natural guardians ) of JOSIANNY M. COLON, a minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) ORLANDO HEALTH, INC., d/b/a ) WINNIE PALMER HOSPITAL FOR ) WOMEN & BABIES, RICARDO JAVIER ) LOPEZ, M.D., AND PHYSICIAN ) ASSOCIATES, )

)

Intervenors. )

Case No. 11-3002N

)

SUMMARY FINAL ORDER OF DISMISSAL

This cause came on for consideration upon the Stipulation for Entry of Final Summary Order [sic] filed January 13, 2012.

By their stipulation, the parties, through their respective counsel, have agreed that Josianny M. Colon's situation does not meet the definition of a "birth-related neurological injury," as defined at section 766.302(2), Florida Statutes.

In support of their stipulation, the parties have incorporated the July 28, 2011, letter of Donald C. Willis, M.D., and the September 20, 2011, and November 14, 2011, letters of Raymond J. Fernandez, M.D., which were attached to Respondent NICA's Response to Petition, filed November 15, 2011, pursuant to section 766.305(4). Even though none of the letters are under oath or accompanied by an affidavit, and none are couched in terms of "reasonable medical probability," the parties mutually submit that the undersigned may rely upon the letters as if admitted in evidence by stipulation.

It being the opinion of an obstetrician (Dr. Willis), who has reviewed the medical records, and of a pediatric neurologist (Dr. Fernandez), who has reviewed the medical records and who also has personally examined Josianny, that Josianny's problems and situation do not meet the definition of a "birth-related neurological injury" as set out at section 766.302(2), in that she has not suffered loss of oxygen or mechanical trauma to her brain or spinal cord during the statutory period and does not suffer substantial motor (physical) impairment, it is

ORDERED that this cause is dismissed with prejudice because it is unrefuted that the injury, if any, to Josianny M. Colon does not constitute a "birth-related neurological injury" as defined by section 766.302(2).

DONE AND ORDERED this 24th day of January, 2012, 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 24th day of January, 2012.

COPIES FURNISHED:

(Via Certified Mail)

Grant A. Kuvin, Esquire Morgan & Morgan, P.A.

20 North Orange Avenue, Suite 1600 Orlando, Florida 32801

(Certified Mail No. 7010 3090 0000 0717 1512)

Bradley Paul Blystone, Esquire Marshall, Dennehey, Warner,

Coleman and Goggin

315 East Robinson Street, Suite 550 Orlando, Florida 32801

(Certified Mail No. 7010 3090 0000 0717 8139)

Karissa L. Owens, Esquire Rissman, Barrett, Hurt,

Donahue and McLain, P.A.

201 East Pine Street, Suite 1500 Orlando, Florida 32801

(Certified Mail No. 7010 3090 0000 3103 8146)

Jeffrey P. Brock, Esquire Smith, Hood, Loucks, Stout,

Bigman, and Brock P.A.

444 Seabreeze Boulevard, Suite 900 Post Office Box 15200

Daytona Beach, Florida 32118

(Certified Mail No. 7010 1670 0000 3103 8153)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3103 8184)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).

Docket for Case No: 11-003002N

Orders for Case No: 11-003002N