STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KATHERINE WESS, individually, ) AND KATHERINE WESS, as parent ) and natural guardian of GAKIERA ) ALLEN, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) OCALA REGIONAL MEDICAL CENTER, )

)

Intervenor. )

Case No. 05-0991N

)

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(7), Florida Statutes, upon the Amended Stipulation and Joint Petition of the parties, filed January 9, 2006, 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 amended stipulation, the parties have agreed that Petitioner, Katherine Wess, is the parent and natural guardian of Gakiera Allen (Gakiera), a minor; that Gakiera was born a live infant on April 9, 2002, at Ocala Regional Medical Center, a hospital located in Ocala, Florida; and that Gakiera's birth weight exceeded 2,500 grams. The parties have further agreed that the physician delivering obstetrical services at Gakiera's birth was Rasiklal Nagda, 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 amended stipulation, the parties have agreed that Gakiera 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 and Joint Petition of the parties, filed January 9, 2006, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Katherine Wess, as the parent of

   
   

   Gakiera Allen, a minor, is awarded 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' amended stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses of Ten thousand dollars ($10,000.00), 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(2), Florida Statutes, 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' amended stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such amended stipulation and this order.

DONE AND ORDERED this 10th day of January, 2006, 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 10th day of January, 2006.

COPIES FURNISHED:

(Via certified mail)

Kenney Shipley, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health

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

(Certified Mail No. 7003 1010 0001 2044 4708)

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: 05-000991N

Orders for Case No: 05-000991N