STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AUNDREA YOUNG, AS LEGAL ) GUARDIAN OF MYRON PERKINS, JR., ) A MINOR CHILD, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 07-0407N

)

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(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed May 23, 2007, 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, Aundrea Young, is the legal guardian of

Myron Perkins, Jr. (Myron), a minor; that Myron was born a live infant on June 22, 2005, at Plantation General Hospital, a

hospital located in Plantation, Florida; and that Myron's birth weight exceeded 2,500 grams. The parties have further agreed that the physicians delivering obstetrical services at Myron's birth was Delisa Keete Henry, 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 Myron 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 and Joint Petition of the parties, filed May 23, 2007, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Aundrea Young, as the legal guardian of Myron Perkins, Jr., 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' stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses of Ten thousand five hundred dollars ($10,500.00), 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' stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation and this order.

DONE AND ORDERED this 24th day of May, 2007, 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 24th day of May, 2007.

COPIES FURNISHED:

(Via certified mail)

Frank M. Petosa, Esquire Petosa & Associates, P.L.

7251 West Palmetto Park Road, Suite 206 Boca Raton, Florida 33433

(Certified Mail No. 7003 1010 0001 2044 5187)

Kenney Shipley, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7003 1010 0001 2044 5194)

Delisa Skeete Henry, M.D.

4100 South Hospital Drive, Suite 111

Plantation, Florida 33317

(Certified Mail No. 7003 1010 0001 2044 5200)

Plantation General Hospital

401 Northwest 42nd Avenue

Fort Lauderdale, Florida 33317

(Certified Mail No. 7003 1010 0001 2044 5217)

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 5224))

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: 07-000407N

Orders for Case No: 07-000407N