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GUGELMIN v. ADMINISTRATIVE HEARINGS

No. 4D00-3874.

815 So.2d 764 (2002)

Mauricio GUGELMIN and Stella Gugelmin, and Mauricio Gugelmin, individually, and as agent and Personal Representative of the Estate of Giuliano Gugelmin, deceased and Stella Gugelmin, individually, Appellants, v. DIVISION OF ADMINISTRATIVE HEARINGS, Florida Birth Related Neurological Injury Compensation Association and South Broward Hospital District d/b/a Memorial Hospital West, Appellees.

District Court of Appeal of Florida, Fourth District.

May 8, 2002.

Attorney(s) appearing for the Case

Ben J. Weaver of Weaver & Weaver, P.A., Fort Lauderdale, and Bryan Scott Henry, P.A., Weston, for appellants.

Arthur J. England, Jr. and Paul C. Savage, Greenberg Traurig, P.A., Miami, for Appellee Florida Birth Related Neurological Injury Compensation Association, and Nancy W. Gregoire and George E. Bunnell of Bunnell, Woulfe, Kirschbaum, Keller, McIntye & Gregoire, P.A., Fort Lauderdale, for Appellee-South Broward Hospital District d/b/a Memorial Hospital West.

TAYLOR, J.

In 1997, appellants, Mauricio and Stella Gugelmin, filed a medical malpractice suit against appellee/cross-appellant South Broward Hospital District d/b/a Memorial Hospital West ("the hospital") and against Dr. Eric Freling and his professional association for damages resulting from the delivery of their twin son, Giuliano, on July 14, 1994. In June 1999, Dr. Freling tendered his policy limits of $250,000 to appellants in exchange for a release allowing...

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