STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR RESOLUTION OF REASONABLE EXPENSES INCURRED BY PETITIONERS IN CONNECTION WITH FILING CLAIM

This cause came on for consideration upon the Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection with Filing of Claim, filed February 17, 2010.

Oral argument and further clarifying advices of counsel were heard by telephonic conference call on February 25, 2010. The parties represented that they have, so far at least, resolved all pending issues and that the evidentiary hearing now scheduled for March 15, 2010, is no longer necessary. The parties further represented that the pending Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by

Petitioners in Connection With Filing Claim, addresses Paragraph 12(c) of the parties' Stipulation and Joint Petition for Compensation of Claim, filed November 16, 2009, which Stipulation and Joint Petition for Compensation of Claim was approved by Final Order Approving Stipulation and Joint Petition for Compensation of Claim entered December 14, 2009. Decretal Paragraph four (4) of the December 14, 2009, Final Order reserves jurisdiction to resolve any dispute as to the interpretation of any provision of the parties' prior stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation and with the December 14, 2009, Final Order.

Accordingly, it is ORDERED:

1. The Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners In Connection with Filing of Claim is approved, and Respondent shall pay Petitioners' attorney, Jackson McGill, Ten Thousand Dollars ($10,000.00) in attorney's fees and Four Hundred Ten dollars and Fifty Cents ($410.50), in costs/expenses, in lump sum in complete satisfaction and discharge of all attorney's fees and costs to date of this instant Order.

2. The hearing now scheduled for March 15, 2010, is hereby cancelled.

3. Jurisdiction is retained as previously provided-for.

DONE AND ORDERED this 26th day of February, 2010, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

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 26th day of February, 2010.

COPIES FURNISHED:

(Via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

John Sullivan, Jr., M.D. 2439 Bee Ridge Road Sarasota, Florida 34239

(Certified Mail No. 7008 3230 0001 6307 9845)

Sarasota Memorial Hospital 1700 South Tamiami Trail Sarasota, Florida 34239

(Certified Mail No. 7008 3230 0001 6307 9852)

Amy Rice, Acting Investigation Manager Consumer Services Unit

Department of Health

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

(Certified Mail No. 7008 3230 0001 6307 9869)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9876)

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: 08-004813N

Orders for Case No: 08-004813N