STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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 November 19, 2008, 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 Pamela Ivory, is the parent and legal guardian of

Tavarres Ivory (Tavarres), a minor; that Tavarres was born a live infant on March 16, 2005, at Martin Memorial Medical Center, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Stuart, Florida; and that Tavarres' birth weight exceeded 2,500 grams. The parties have further agreed that Joseph Kenton Clouser, M.D., delivered obstetrical services at Tavarres' 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 Tavarres 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 November 19, 2008, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Pamela Ivory, as the parent and legal guardian of Tavarres Ivory, a minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to Section

   766.31(1)(b)1., 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 Three thousand nine hundred eleven dollars and ninety-nine cents ($3,911.99), and past expenses, the claims of Petitioner (Claimant) shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under 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 disputes should they arise, regarding the parties' compliance with the terms of this Final Order.

DONE AND ORDERED this 20th day of November, 2008, 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

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

Filed with the Clerk of the Division of Administrative Hearings this 20th day of November, 2008.

COPIES FURNISHED:

(Via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7007 2680 0000 9309 0601)

Phyllis M. Gillespie, Esquire Gary, Williams, Finney, Lewis

Watson & Sperando, P.L.

221 Southeast Osceola Street Stuart, Florida 34994

(Certified Mail No. 7007 2680 0000 9309 0885)

G. Bruce Hill, Esquire

Hill, Adams, Hall & Schieffelin, P.A. Post Office Box 1090

Winter Park, Florida 32790

(Certified Mail No. 7007 2680 0000 9309 0892)

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

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

(Certified Mail No. 7007 2680 0000 9309 0908)

Joseph Kenton Clouser, M.D. 1815 South Kanner Highway Stuart, Florida 34994

(Certified Mail No. 7007 2680 0000 9309 0915)

Cathy Van Meter Griffin, CNM Martin County Health Department

3441 Southeast Willoughby Boulevard Stuart, Florida 34994

(Certified Mail No. 7007 2680 0000 9309 0922)

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: 08-001964N

Orders for Case No: 08-001964N