STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER APPROVING AMENDED 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(6), Florida Statutes, upon the amended stipulation and joint petition of the Petitioner and Respondent, filed November 8, 2004, 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 Petitioner, Jamie Yvette Leon, is the parent and natural guardian of Jaheim James Benner (Jaheim), a deceased minor; that Jaheim was born a live infant on September 21, 2003, at Shands Medical Center Jacksonville, a hospital located in Jacksonville,

Florida; and that his birth weight exceeded 2,500 grams. The parties have further agreed that obstetrical services were provided by John Huddleston, M.D. and Luis Sanchez-Ramos, M.D., during Jaheim's birth, and that Doctors Huddleston and Sanchez- Ramos, 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 Jaheim 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 amended stipulation of the parties, filed November 8, 2004, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Jamie Yvette Leon, as the parent of Jaheim James Benner, a deceased minor, is awarded One hundred

   thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be paid in lump sum.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parent (claimant), attorney's fees and other expenses of Eleven thousand three hundred eighty-three dollars and forty-five cents ($11,383.45), and past expenses, the claims 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' amended stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 10th day of November, 2004, 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 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 10th day of November, 2004.

COPIES FURNISHED:

(Via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

Glenn E. Cohen, Esquire Barnes, Barnes & Cohen, P.A. 1843 Atlantic Boulevard

Jacksonville, Florida 32207

Shands Medical Center Jacksonville 655 West 8th Street

Jacksonville, Florida 32209

Luis Sanchez-Ramos, M.D.

Department of Obstetrics and Gynecology 653-1 West 8th Street

Jacksonville, Florida 32209

John Huddleston, M.D.

Department of Obstetrics and Gynecology 653-1 West 8th Street

Jacksonville, Florida 32209

Charlene Willoughby, Director Consumer Services Unit - Enforcement 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: 04-002312N

Orders for Case No: 04-002312N