STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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(7), Florida Statutes, upon the Stipulation and Joint Petition of Petitioners and Respondent, filed April 24, 2009, 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.

By the terms of their stipulation, Petitioners and Respondent have agreed that Alicia L. Rangel Carson is the parent and natural guardian of Keyshawn J. Carson (Keyshawn), a minor; that Keyshawn was born a live infant on October 26, 2005, at Lakeland Regional Medical Center, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Lakeland, Florida; and that Keyshawn's birth weight exceeded 2,500 grams. The Petitioners and Respondent have further agreed that Gracia Damian, M.D., and Patricia Richey, ARNP, delivered obstetrical services at Keyshawn's birth, and at all times material hereto, were "participating physician[s]" in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, Petitioners and Respondent have agreed that Keyshawn 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 and Joint Petition, filed April 24, 2009, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Alicia L. Rangel Carson, as the parent and natural guardian of Keyshawn J. Carson, a minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., 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), attorney's fees and other expenses of Ten thousand five hundred dollars ($10,500.00), and past expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under 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 disputes should they arise, regarding the parties' compliance with the terms of this Final Order.

DONE AND ORDERED this 4th day of May, 2009, in Tallahassee, Leon County, Florida.

WILLIAM J. KENDRICK

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 4th day of May, 2009.

COPIES FURNISHED:

(Via Certified Mail)

Armando T. Lauritano, Esquire Morgan & Morgan, P.A.

One Tampa City Center

201 North Franklin Street, 7th Floor Tampa, Florida 33602

Ronald H. Josepher, Esquire Josepher & Batteese, P.A. First Union Center, Suite 1190

100 South Ashley Drive Tampa, Florida 33602-5300

(Certified Mail No. 7008 3230 0001 6307 9357)

Roland J. Lamb, Esquire

Morgan, Lamb, Goldman & Valles, P.A.

500 North Westshore Boulevard, Suite 820 Tampa, Florida 33609

(Certified Mail No. 7008 3230 0001 6307 9364)

Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health

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

(Certified Mail No. 7008 3230 0001 6307 9371)

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: 08-004225N

Orders for Case No: 08-004225N