STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAMDER KUMARI MONGER AND LAXU

MONGER, on behalf of and as parents and natural guardians of ASHMIN MONGER, a minor,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

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) Case No. 12-2872N

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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 the 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 April 30, 2013, 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, Damder Kumari Monger and Laxu Monger, on behalf of and as

parents and natural guardians of Ashmin Monger, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Damder Monger and Laxu Monger are the parents and legal guardians of Ashmin Monger (Ashmin), a minor; that Damder Monger and Laxu Monger are the "Claimants" as defined by section 766.302(3); that Ashmin was born a live infant on or about June 18, 2012, at Shands Jacksonville Medical Center, a “hospital” as defined by section 766.302(6) located in Jacksonville, Florida; and that Ashmin's birth weight exceeded 2,500 grams. The Parties have further agreed that Judy Bowers, M.D., provided obstetrical services at Ashmin's delivery and, at all material times, 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 Ashmin suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Ashmin's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on April 30, 2013, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioners, Damder Monger and Laxu Monger, as the parents and natural guardians of Ashmin Monger, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1, to be paid in periodic payments and to be used for home, vehicle, or related expenses; payment of benefits up to and including the effective date of the Joint Stipulation and Petition 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. Upon the payment of the award of $100,000.00, 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.

4. 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 7th day of May, 2013, 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 7th day of May, 2013.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

Shands Jacksonville Medical Center 655 West 8th Street

Jacksonville, Florida 32209

(Certified Mail No. 7012 3050 0000 1251 9484)

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: 12-002872N

Orders for Case No: 12-002872N