STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TAMECA HARRIS on behalf of and ) parent and natural guardian of ) ASHANTI HARRIS, a minor, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

FLORIDA HOSPITAL DELAND, ) HUSSAIN ESMAIL-RAWJI, M.D., and ) VOLUSIA COUNTY HEALTH )

DEPARTMENT, )

)

Intervenors. )

Case No. 04-2762N

)

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 Sections 766.304 and 766.305(6), Florida Statutes, upon the stipulation and joint petition of the Petitioner and Respondent, filed January 5, 2005, 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, and the letter of January 10, 2005, filed on behalf of Intervenors Hussain Esmail-Rawji, M.D., and Volusia County Health Department, and the letter of January 12, 2005, filed on behalf of Intervenor Florida Hospital Deland, announcing that they have no objection to the approval of Petitioner's and Respondent's stipulation.

By the terms of their stipulation, the Petitioner and Respondent have agreed that Petitioner, Tameca Harris, is the parent and natural guardian of Ashanti Harris (Ashanti), a minor; that Ashanti was born a live infant on October 9, 2002, at Florida Hospital Deland, a hospital located in Deland, Florida; and that her birth weight exceeded 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Ashanti was

Hussain Esmail-Rawji, 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), Florida Statutes. Finally, by their stipulation, the parties have agreed that Ashanti 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 of the parties, filed January 5, 2005, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Tameca Harris, as the parent of

   
   

   Ashanti Harris, a minor, is accorded an award of One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be used for purposes consistent with the terms of the parties' stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parent (claimant), and past expenses, the claims of Petitioner (claimant) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's continuing obligation under the provisions of Section 766.31, to pay future expenses as incurred.

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 14th day of January, 2005, 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 14th day of January, 2005.

COPIES FURNISHED:

(via certified mail)

Tameca Harris

818 South Stone Street Deland, Florida 32720

Clemente J. Inclan, Esquire

McCumber, Inclan, Daniels, Valdez, Buntz & Ferrera, P.A.

One Independent Drive, Suite 1800 Jacksonville, Florida 32202

C. Anthony Schoder, Jr., Esquire Smith & Schoder, L.L.P.

605 South Ridgewood Avenue Daytona Beach, Florida 32114

Kenney Shipley, Executive Director Florida Birth-Related Neurological

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

Tallahassee, Florida 32308

Hussain Esmail-Rawji

1330 South Woodland Boulevard Deland, Florida 32720

Florida Hospital Deland 701 West Plymouth Avenue Deland, Florida 32721

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: 04-002762N

Orders for Case No: 04-002762N