Kenney Shipley, Daren Wayne Smith|Florida Birth-Related Neur... -- eLawyers

Petitioner: DAREN WAYNE SMITH AND KIMBERLY KEYSER, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF AIDAN JULIAN SMITH, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: ELLA JANE P. DAVIS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Milton, Florida
Filed: Oct. 21, 2009
Status: Closed
DOAH Final Order on Tuesday, December 22, 2009.
Latest Update: Dec. 29, 2009
Summary: FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal Order approving the Association's acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAREN WAYNE SMITH AND KIMBERLY	)
KEYSER, ON BEHALF OF AND AS	)
PARENTS AND NATURAL GUARDIANS	)
OF AIDAN JULIAN SMITH, A MINOR,	)
	)
Petitioners,	)
	)
vs.	)	Case	No.	09-5820N
	)
FLORIDA BIRTH-RELATED	)
NEUROLOGICAL INJURY	)
COMPENSATION ASSOCIATION,	)
	)
Respondent.	)
	)

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 for consideration pursuant to Sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed December 18, 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, the parties have agreed that Daren Wayne Smith and Kimberly Keyser, are the parents and legal guardians of Aiden Julian Smith1 (Aiden), a deceased minor;

that Aiden was born a live infant on or about October 11, 2009, at Sacred Heart Hospital, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Pensacola, Florida; that Aiden's birth weight exceeded 2,500 grams; and that Aiden died October 27, 2009. The parties have further agreed that William Lile, M.D., delivered obstetrical services at Aiden's birth, and 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 Aiden 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:

The Stipulation and Joint Petition of the parties, filed December 18, 2009, is hereby approved, and the parties are directed to comply with the provisions thereof.
Petitioners, Daren Wayne Smith and Kimberly Keyser, as the parents and legal guardians of Aiden Julian Smith, a deceased minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, and a death benefit of Ten thousand dollars
($10,000.00), pursuant to Section 766.31(1)(b)2., Florida Statutes, all to be paid in lump sum.
Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars ($10,000.00), and past benefits as addressed in paragraphs 13(b) and 20 of the Stipulation and Joint Petition, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished. No provision is made for the payment of future expenses, as Aiden is deceased.
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 22nd day of December, 2009, in Tallahassee, Leon County, Florida.

ELLA JANE P. DAVIS

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 22nd day of December, 2009.

ENDNOTE

1/ This child is a/k/a Aiden Jullian Smith and Aidan Julian Smith.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308