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 for consideration pursuant to Sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed May 24, 2010,1 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, Joseph H. Lee, is the parent and legal guardian of Emerson Valinda Lee (Emerson), a minor; that Emerson was born a live infant on or about December 23, 2005, at University Community Hospital, a "hospital," as defined by Section 766.302(6), Florida Statutes; and that Emerson's birth weight exceeded 2,500 grams. The parties have further agreed that Richard S. Dillon, M.D., delivered obstetrical services at Emerson's birth, and at all times material, 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 Emerson 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 May 24, 2010, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Joseph H. Lee, as the parent and natural guardian of Emerson Valinda Lee, a minor, is awarded One hundred

   thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be paid in lump sum.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), agreed attorney's fees and other expenses totaling Fifteen thousand, three hundred eighty-six dollars and thirteen cents ($15,386.13), and past expenses, the claims of Petitioner (claimant) shall be deemed fully satisfied and extinguished, except for 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, including but not limited to past expenses, should they arise, regarding the parties' compliance with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 25th day of May, 2010, in Tallahassee, Leon County, Florida.

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 25th day of May, 2010.

ENDNOTE

1/ This Stipulation and Joint Petition supersedes one filed May 5, 2010, which has not been approved.

COPIES FURNISHED:

(Via Certified Mail)

Henry E. Valenzuela, Esquire Valenzuela & Stern, P.A.

1. North Tampa Street AmSouth Building, Suite 1825 Tampa, Florida 33602

   (Certified Mail No. 7005 1820 0002 9840 5553)

   
   

   Kenney Shipley, Executive Director Florida Birth Related Neurological

   Injury Compensation Association 2360 Christopher Place, Suite 1

   Tallahassee, Florida 32308

   (Certified Mail No. 7005 1820 0002 9840 5560)

   James D. Wetzel, Esquire

   Stephens, Lynn, Klein, La Cava & Puya

2. East Kennedy, Suite 2500 Tampa, Florida 33602

(Certified Mail No. 7005 1820 0002 9840 5577)

David W. Black, Esquire Frank, Weinberg & Black, P.L.

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. 7005 1820 0002 9840 5607)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820 0002 9840 5614)

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: 09-004817N

Orders for Case No: 09-004817N