STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LEONARDO AVILA AND BARBARA LOPEZ

AVILA, on behalf of and as parents and natural guardians of LOGAN ANDRES AVILA, a minor,

vs.

Petitioners,

Case No. 15-1045N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

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 July 16, 2015, 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, Leonardo Avila and Barbara Lopez Avila, as parents and natural guardians

of Logan Andres Avila, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Leonardo Avila and Barbara Lopez Avila, are the parents and natural guardians of Logan Andres Avila (Logan), a minor; that Logan was born a live infant on or about November 8, 2012, at Baptist Hospital of Miami, a “hospital” as

defined by section 766.302(6) located in Miami, Florida; and that Logan’s birth weight exceeded 2,500 grams. The Parties have further agreed that Maria Lopez, M.D., provided obstetrical services at Logan'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 Logan suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Logan's current medical condition.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 16, 2015, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Leonardo Avila and Barbara Lopez Avila, as the parents and legal guardians of Logan Andres Avila, 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; 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 payments of future expenses as incurred.

3. Upon the payment of the award of $100,000.00 and past benefit/expenses, the claim 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 21st day of July, 2015, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 21st day of July, 2015.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

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: 15-001045N

Orders for Case No: 15-001045N