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  5. DENITA T. HORNE, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF TERRELL LOWE, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 09-000348N (2009)

DENITA T. HORNE, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF TERRELL LOWE, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 09-000348N (2009)

Court: Division of Administrative Hearings, Florida Number: 09-000348N Visitors: 6
Petitioner: DENITA T. HORNE, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF TERRELL LOWE, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Pensacola, Florida
Filed: Jan. 21, 2009
Status: Closed
DOAH Final Order on Wednesday, July 22, 2009.
Latest Update: Aug. 12, 2009
Summary: FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal order approving the Association's acceptance of the claim for compensation.
STATE OF FLORIDA

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


DENITA T. HORNE, ON BEHALF OF

)




AND AS PARENT AND NATURAL

)




GUARDIAN OF TERRELL LOWE, A

)




MINOR,

)





)




Petitioner,

)





)




vs.

)

Case

No.

09-0348N


)




FLORIDA BIRTH-RELATED

)




NEUROLOGICAL INJURY

)




COMPENSATION ASSOCIATION,

)





)




Respondent.

)




)





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 Petitioner and Respondent, filed July 20, 2009, 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, Petitioner and Respondent have agreed that Denita T. Horne is the parent and legal guardian of Terrell Lowe (Terrell), a minor; that Terrell

was born a live infant on October 31, 2008, at Sacred Heart Hospital, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Pensacola, Florida; and that Terrell's birth weight exceeded 2,500 grams. The Petitioner and Respondent have further agreed that Dina Navarro, M.D., delivered obstetrical services at Terrell'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, Petitioner and Respondent have agreed that Terrell 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, filed July 20, 2009, is hereby approved, and the parties are directed to comply with the provisions thereof.

  2. Petitioner, Denita T. Horne, as the parent and legal guardian of Terrell Lowe, a minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, to be paid in periodic payments, consistent with the terms of the parties' stipulation.

  3. Upon payment of the award of One hundred thousand dollars ($100,000.00) 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 22nd day of July, 2009, 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 22nd day of July, 2009.

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. 91 7108 2133 3935


Denita Horne

7992

4512)

700 Truman Avenue, Apt 262 HH

Pensacola, Florida 32505

(Certified Mail No. 91 7108 2133 3935


7992


4529)

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

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

(Certified Mail No. 91 7108 2133 3935


7992


4536)


Dina Navarro, M.D. Pace OB/GYN

3754 Highway 90, Suite


220





Pace, Florida 32571 (Certified Mail No. 91


7108


2133


3935


7992


4543)

Dina Navarro, M.D. 3754 Highway 90, Suite


220





Milton, Florida 32570

(Certified Mail No. 91


7108


2133


3935


7992


4550)


Sacred Heart Hospital 5151 North 9th Avenue Pensacola, Florida 32504

(Certified Mail No. 91 7108


2133


3935


7992


4567)

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: 09-000348N
Issue Date Proceedings
Aug. 12, 2009 Undeliverable envelope returned from the Post Office.
Jul. 27, 2009 Certified Return Receipt received this date from the U.S. Postal Service. (Sacred Heart Hospital)
Jul. 27, 2009 Certified Return Receipt received this date from the U.S. Postal Service. (Dina Navarro; Milton, Florida)
Jul. 27, 2009 Certified Return Receipt received this date from the U.S. Postal Service. (Dina Navarro; Pace, Florida)
Jul. 24, 2009 Certified Return Receipt received this date from the U.S. Postal Service. (Charlene Willoughby)
Jul. 24, 2009 Certified Return Receipt received this date from the U.S. Postal Service. (Kenney Shipley)
Jul. 22, 2009 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jul. 22, 2009 Final Order Approving Stipulation and Joint Petition of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. CASE CLOSED.
Jul. 20, 2009 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues filed.
Jul. 20, 2009 Notice of Filing filed.
Jul. 09, 2009 Order (parties to advise of status by July 20, 2009).
Jun. 12, 2009 Letter to parties of record from Judge Kendrick acknowledging receipt of a copy of your letter of June 8, 2009, to Ms. Horne, with a copy of your proposed stipulation.
Jun. 08, 2009 Letter to D. Horne from K. Shipley offering settlement for medical benefits filed Medical Records filed (not available for viewing).
Jun. 08, 2009 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues filed.
Apr. 13, 2009 Order Granting Extension of Time (response to the petition to be filed by June 12, 2009).
Apr. 10, 2009 Motion for Extension of Time in which to Respond to Petition filed.
Feb. 17, 2009 Order (Motion to accept K. Shipley as qualified representative granted).
Feb. 05, 2009 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Jan. 30, 2009 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 26, 2009 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 21, 2009 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Jan. 21, 2009 Notice sent out that this case is now before the Division of Administrative Hearings.
Jan. 21, 2009 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 21, 2009 NICA filing fee ($15.00; Check No. 0671561) filed (not available for viewing).
Jan. 21, 2009 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Orders for Case No: 09-000348N
Issue Date Document Summary
Jul. 22, 2009 DOAH Final Order Final order approving the Association's acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings
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