STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER BARNWELL and WILLIAM

BARNWELL, on behalf of and as parents and natural guardians of LILLIAN C. BARNWELL, a

deceased minor,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

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) Case No. 03-2860N

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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 STATUTES1

This cause came on to be heard pursuant to Section 766.304, upon the stipulation and joint petition of the parties, filed September 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.

By the terms of their stipulation, the parties have agreed that Petitioners, Jennifer Barnwell and William Barnwell, are the parents and natural guardians of Lillian C. Barnwell

(Lillian), a deceased minor; that Lillian was born a live infant on April 26, 2003, at St. Luke's Hospital, a hospital located in Jacksonville, Florida; and that her birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Lillian was Kimberly Van Scriver, 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). Finally, by their stipulation, the parties have agreed that Lillian suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2).

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 September 16, 2003, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Jennifer Barnwell and William Barnwell, as the parents and natural guardians of Lillian C. Barnwell, a deceased minor, are 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 parents (claimants), and

   payment of past expenses, the claims of Petitioners (claimants) 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 18th day of September, 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 18th day of September, 2003.

ENDNOTE

1/ All citations are to Florida Statutes (2002) unless otherwise indicated.

COPIES FURNISHED:

Jennifer Barnwell William Barnwell 6609 Oriole Avenue

Jacksonville, Florida 32216

Kenney Shipley, Executive Director Florida Birth-Related Neurological

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

Tallahassee, Florida 32308

Kimberly Van Scriver, M.D.

9951 Atlantic Boulevard, Suite 319

Jacksonville, Florida 32225

St. Luke's Hospital 4201 Belfort Road

Jacksonville, Florida 32216

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: 03-002860N

Orders for Case No: 03-002860N