STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KIMBERLY JACKSON, as the )

Personal Representative of the ) Estate of JUSTIN JACKSON, a ) deceased minor, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) HOMESTEAD HOSPITAL, INC. and ) DENNIS GUTIERREZ, C.R.N.A., )

)

Intervenors. )

Case No. 02-0331N

)

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 Section 766.304, Florida Statutes,1 upon the stipulation and joint petition of the Petitioner and Respondent, filed December 16, 2003, 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, the Errata Sheet,

executed by all parties and filed December 18, 2003, and the letters filed on behalf of Intervenors on December 18, 2003.

By the terms of the Stipulation, Errata Sheet, and agreement (by letter) of Intervenors, the parties have agreed that Petitioner, Kimberly Jackson, is the mother and Personal Representative of the Estate of Justin Jackson (Justin), a deceased minor; that Justin was born a live infant on

September 11, 2000, at Homestead Hospital, a hospital located in Dade County, Florida; and that his birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Justin was Mohamad Shahmohamady, 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 Justin 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 December 16, 2003, as amended by the Errata Sheet, filed December 18, 2003, is hereby approved,

   and the parties are directed to comply with the provisions thereof.

2. Kimberly Jackson, as the mother of Justin Jackson, a deceased minor, is 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 mother (claimant) and attorney's fees and other expenses of Eleven thousand five hundred dollars ($11,500.00) incurred in pursuing the subject claim, the claim of Petitioner (claimant) 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 19th day of December, 2003, 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 19th day of December, 2003.

ENDNOTE

1/ All citations are to Florida Statutes (2000) unless otherwise indicated.

COPIES FURNISHED:

Wilbur E. Brewton, Esquire Roetzel & Andress

225 South Adams Street, Suite 250 Tallahassee, Florida 32302

Andrew S. Connell, Esquire

Marlow, Connell, Valerius, Abrams & Adler 2950 Southwest 27th Avenue, Suite 200

Miami, Florida 33133-3765

Kenney Shipley, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101 Post Office Box 14567

Tallahassee, Florida 32308

Jackson F. McCoy, Esquire

Wicker, Smith, O'Hara, McCoy, Graham & Ford, P.A. Grove Plaza, 5th Floor

2900 Southwest 28th Terrace Miami, Florida 33133

Orlando R. Ruiz, Esquire

Law Offices of Orlando R. Ruiz Offices at Pinecrest, Suite 200 7695 Southwest 104th Street Miami, Florida 33156

Kathleen T. Murphy, Esquire Jugo & Murphy

Offices at Pinecrest, Suite 200 7695 Southwest 104th Street Miami, Florida 33156

Mohamad Shahmohamady, M.D.

151 Northwest 11th Street, Suite E-204 Homestead, Florida 33030

Homestead Hospital, Inc.

160 Northwest 13th Street Homestead, Florida 33030

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: 02-000331N

Orders for Case No: 02-000331N