STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEFFREY EMANUEL BROWN, JR., AND ) LAMARA SHANTEL HENDRIX, PARENTS ) AND NATURAL GUARDIANS OF ) JE'CARI LAMAR BROWN, A MINOR ) CHILD, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) ALEXANDER J. BRICKLER, M.D., )

)

Intervenor. )

Case No. 07-2120N

)

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 October 19, 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 Jeffrey Emanuel Brown, Jr., and Lamara Shantel Hendrix, are the parents and natural guardians of Je'Cari Lamar Brown (Je'Cari), a deceased minor; that Je'Cari was born a live infant on January 27, 2005, at Tallahassee Memorial Hospital, a hospital located in Tallahassee, Florida; and that Je'Cari's birth weight exceeded 2,500 grams. The parties have further agreed that Alexander D. J. Brickler, M.D., delivered obstetrical services at Je'Cari's birth, and 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 Je'Cari 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 October 19, 2007, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Jeffrey Emanuel Brown, Jr., and

   
   

   Lamara Shantel Hendrix, as the parents and natural guardians of Je'Cari Lamar Brown, a deceased minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, and a death benefit of Ten thousand dollars ($10,000.00), pursuant to Section 766.31(1)(b)2., Florida Statutes, all to be paid in lump sum.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars (10,000.00), attorney's fees and other expenses of Ten thousand nine hundred twenty-three dollars and ten cents ($10,923.10), and 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 disputes should they arise, regarding the parties' compliance with the terms of this Final Order.

DONE AND ORDERED this 22nd day of October, 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 22nd day of October, 2007.

COPIES FURNISHED:

(Via Certified Mail)

Thaxter A. Cooper, Esquire

Law Office of Thaxter A. Cooper

442 West Kennedy Boulevard, Suite 280 Tampa, Florida 33606

(Certified Mail No. 7005 0390 0002 0423 9231)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

A. J. Brickler, M.D.

North Florida Women's Care 1407 Centerville Road

Tallahassee, Florida 32308

(Certified Mail No. 7005 0390 0002 0423 9262)

Tallahassee Memorial Healthcare 1300 Miccosukee Road

Tallahassee, Florida 32308

(Certified Mail No. 7005 0390 0002 0423 9279)

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

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

(Certified Mail No. 7005 0390 0002 0423 9286)

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: 07-002120N

Orders for Case No: 07-002120N