STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CASSANDRA LEBREUX, on behalf of ) and as parent and natural ) guardian of JORDAN HORNER, a ) minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

ST. PETERSBURG GENERAL ) HOSPITAL; JEFFREY CARLSON, ) M.D.; MEGAN TIRONE, M.D.; AND ) OB/GYN ASSOCIATES, P.A., )

)

Intervenors. )

Case No. 10-0970N

)

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 November 19, 2010, 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 Cassandra LeBreux is the mother and legal guardian of Jordan Horner (Jordan), a minor; that Jordan was born a live infant on or about February 6, 2008, at St. Petersburg General Hospital, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in St. Petersburg, Florida; and that Jordan's birth weight exceeded 2,500 grams. The parties have further agreed that Jeffrey Carlson, M.D., and Megan Tirone, M.D., delivered obstetrical services at Jordan's birth, and at all times material hereto, were "participating physicians" 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 Jordan 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, including but not limited to the fact that Petitioner has, at all times, been represented by legal counsel, it is

ORDERED that:

1. The Stipulation and Joint Petition, filed November 19, 2010, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Cassandra LeBreux, as the mother and legal guardian of Jordan Horner, a minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, to be paid in lump sum.

3. Morgan & Morgan, P.A., attorneys for Petitioner, is awarded an agreed attorney's fee of Ten thousand dollars ($10,000.00) and agreed expenses/costs of One thousand two hundred fifty-one dollars and ninety-five cents ($1,251.95), totaling Eleven thousand two hundred fifty-one dollars and ninety-five cents ($11,251.95), as payment in full, for services rendered in the filing of this claim.

4. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses, and past benefits/expenses, the claims of Petitioner (Claimant) shall be deemed fully satisfied and extinguished, except for the issues reserved in the parties' Stipulation and Joint Petition filed November 19, 2010, including Respondent's continuing obligation under Section 766.31(2), Florida Statutes, to pay future expenses as incurred.

   
   

5. With regard to the issues reserved in the parties' Stipulation, including but not limited to any dispute regarding past benefits/expenses, a hearing will be scheduled by a separate notice of hearing to address those issues. As for the date of hearing, the parties shall, on or before March 30, 2011, advise the undersigned Administrative Law Judge, with specificity, of the matters remaining in dispute, of

   several mutually agreeable dates for hearing, and of the time required for such hearing.

6. 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 Order.

DONE AND ORDERED this 10th day of December, 2010, in Tallahassee, Leon County, Florida.

S

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 10th day of December, 2010.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3105 9516)

Scott Borders, Esquire Morgan and Morgan, P.A. One Tampa Center

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

(Certified Mail No. 7010 1670 0000 3105 9523)

Randy J. Ogden, Esquire Ogden & Sullivan, P.A.

113 South Armenia Avenue

Robert J. Grace, Jr., Esquire Stiles, Taylor & Grace, P.A. Post Office Box 460

Tampa, Florida 33601

(Certified Mail No. 7010 1670 0000 3105 9554)

Amy Rice, Acting Investigation Manager Consumer Services Unit

Department of Health

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

(Certified Mail No. 7010 1670 0000 3105 9561)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3105 9578)

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: 10-000970N

Orders for Case No: 10-000970N