STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GUADALUPE AND FELIX ARREDONDO, )

on behalf of and as parents and ) natural guardians of ANNALIZ ) ARREDONDO, a minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 11-4524N

)

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon Petitioners' and Respondent's Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint Petition), filed with the Division of Administrative Hearings on October 11, 2012, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with the provisions of chapter 766 and a resolution of the exclusive remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioners and Respondent (the Parties) have agreed that Guadalupe Arredondo and Felix Arredondo are the parents and legal guardians of Annaliz Arredondo (Annaliz), a minor; that Annaliz was born a live infant on or about October 7, 2009, at Fort Walton Beach Medical Center in Fort Walton Beach, Florida, a “hospital” as defined by section 766.302(6); and that Annaliz's birth weight exceeded 2,500 grams. The Parties have further agreed that Alyson D. Miser, M.D., provided obstetrical services at Annaliz's delivery and was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The Parties have agreed that Annaliz suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2).

ORDERED:

1. The Stipulation and Joint Petition filed on October 11, 2012, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Guadalupe Arredondo and Felix Arredondo, as the parents and legal guardians of Annaliz Arredondo, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1, to be paid as periodic payments to the parents and to be used for a home, vehicle, or related expenses; payment of benefits up to and including the

   
   

   effective date of the Stipulation pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition; and payment of future expenses as incurred.

3. Respondent shall pay reasonable expenses to Adrian R. Bridges, Esquire, incurred in connection with the filing of the instant claim under sections 766.301-766.316, including reasonable attorney's fees, to be agreed upon by the Parties at the resolution of this claim. At that time, if the Parties cannot reach an agreement as to the reasonable expenses to be paid, the Parties shall request a hearing before the Administrative Law Judge to resolve such issues.

4. Upon the payment of the award of $100,000.00, attorney's fees and other expenses incurred in connection with the filing of this claim, and past benefit/expenses, the claims of Petitioners shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under section 766.31(2) to pay future expenses as incurred.

5. 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 17th day of October, 2012, in Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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 17th day of October, 2012.

COPIES FURNISHED:

(Via Certified Mail)

Marcus J. Michles, II, Esquire Michles and Booth, P.A.

501 Brent Lane

Pensacola, Florida 32503

(Certified Mail No. 7011 1570 0001 1540 7226)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

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: 11-004524N

Orders for Case No: 11-004524N