STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TRACEE ADAMS AND RANDALL ADAMS, )

on behalf of and as parents and ) natural guardians of CASSANDRA ) ADAMS, a deceased minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) ALLAN HEDGES, M.D. and ALLAN ) HEDGES, M.D., P.A., )

)

Intervenors. )

Case No. 03-3957N

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304 and 766.305(6), Florida Statutes,1 upon the Stipulation and Joint Petition of the Petitioners and Respondent, filed February 26, 2004, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes, and the

letter for Intervenors Allan Hedges, M.D., and Allan Hedges, M.D., P.A., filed March 16, 2004, announcing they have no objection to the approval of Petitioners' and Respondent's stipulation.

By the terms of the Stipulation, Petitioners and Respondent have agreed that Petitioners, Tracee Adams and Randall Adams, are the natural parents of Cassandra Adams, a deceased minor, and Co- Personal Representatives of their deceased daughter's estate; that Cassandra was born a live infant on September 24, 2002, at Seven Rivers Community Hospital, a hospital located in Crystal River, Florida; and that her birth weight was in excess of

2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Cassandra was Allan Hedges, M.D., who, at all times material hereto, was a participating physician in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, the parties have agreed that Cassandra suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation, filed February 26, 2004, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Tracee Adams and Randall Adams (Claimants), as the parents of Cassandra Adams, a deceased minor, are accorded a lump sum award of One hundred thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the claimants, a death benefit of Ten thousand dollars ($10,000.00), attorney's fees and other expenses of Eight thousand five hundred dollars ($8,500.00) incurred in pursuing the subject claim, and past expenses, the claims of Petitioners (claimants) shall be deemed fully satisfied and extinguished.

4. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any dispute as to the interpretation of any provision of the parties' stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 17th day of March, 2004, in Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 17th day of March, 2004.

ENDNOTE

1/ All citations are to Florida Statutes (2003) unless otherwise indicated.

COPIES FURNISHED:

(via certified mail)

Scott L. Reed, Esquire

Morgan, Colling & Gilbert, P.A.

20 North Orange Avenue, 16th Floor Post Office Box 4979

Orlando, Florida 32802-4979

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

Mary Gannon-McMurry, Esquire Rissman, Weisberg, Barrett,

Hurt, Donahue & McLain, P.A.

201 East Pine Street, 15th Floor Orlando, Florida 32801

Allan Hedges, M.D.

6254 West Corporate Oaks Drive Crystal River, Florida 34429

Seven Rivers Community Hospital 6201 North Suncoast Boulevard Crystal River, Florida 34428

Ms. Charlene Willoughby Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this final order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v.

Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 03-003957N

Orders for Case No: 03-003957N