STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

YOLANDA KINSLER AND LLOYD

KINSLER, on behalf of and as parents and natural guardians of LAXAVIER KINSLER, a minor,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

MARION COMMUNITY HOSPITAL, INC., d/b/a OCALA REGIONAL MEDICAL CENTER,

Intervenor.

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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, upon the stipulation and joint petition of the Petitioners and Respondent, filed April 29, 2005, 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 Amended Notice of Filing, filed by Respondent on May 18, 2005, which reflects service of the stipulation and joint petition on Intervenor and Intervenor's agreement to the entry of an order approving the stipulation and joint petition.

By the terms of their stipulation, the Petitioners and Respondent have agreed that Petitioners, Yolanda Kinsler and Lloyd Kinsler, are the parents and natural guardians of Laxavier Kinsler (Laxavier), a minor; that Laxavier was born a live infant on October 16, 2002, at Ocala Regional Medical Center, a hospital located in Ocala, Florida; and that his birth weight exceeded 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Laxavier was Seaborn Hunt, Jr., 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, by their stipulation, the parties have agreed that Laxavier 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 of the parties, filed April 29, 2005, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Yolanda Kinsler and Lloyd Kinsler, as the parents of Laxavier Kinsler, a minor, are accorded an award of One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be used for purposes consistent with the terms of the parties' stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parents (claimants), and past expenses, the claims of Petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's continuing obligation under the provisions of Section 766.31(2), Florida Statutes, to pay future expenses as incurred.

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 20th day of May, 2005, 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 20th day of May, 2005.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

Lloyd Kinsler Yolanda Kinsler

8700 Southwest 138th Terrace Dunnellon, Florida 34432

Richard B. Schwamm, Esquire Haliczer Pettis, P.A. Landmark Center Two, Suite 475

225 East Robinson Street Orlando, Florida 32801

Hilary Stevens Morgan, CNM

150 Southeast 17th Street, No. 703 Ocala, Florida 34471

Seaborn M. Hunt, Jr., M.D.

150 Southeast 17th Street, No. 703 Ocala, Florida 34471

Ocala Regional Medical Center 1431 Southwest 1st Avenue Ocala, Florida 34474

Charlene Willoughby, Director Consumer Services Unit - Enforcement 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: 05-000365N

Orders for Case No: 05-000365N