STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOYCE LEICHTY AND CHRISTOPHER

LEICHTY, individually and as parents and next friends of BAILEY LEICHTY, a minor,

Petitioners,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent,

and

MEETESH DESAI, M.D., AND HALIFAX MEDICAL CENTER,

Intervenors.

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) Case No. 10-0552N

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FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

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

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED:

1. The Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes, which was entered and filed July 27, 2010, is attached hereto as Exhibit A, incorporated herein by reference, and adopted as part of this instant Final Order Approving Stipulation for Entry of Award, entered this date.

2. Petitioners' and Respondent's stipulation for Respondent to pay Allison McMillen Ten thousand dollars ($10,000.00) in attorneys' fees and Two thousand three hundred sixty-two dollars and two cents ($2,362.02) in costs/expenses is hereby approved and shall be paid in lump sum of Twelve thousand three hundred sixty-two dollars and two cents ($12,362.02) forthwith.

3. This case file is administratively closed, but jurisdiction is retained as previously provided-for.

DONE AND ORDERED this 8th day of December, 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 8th day of December, 2010.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

John W. Bocchino, Esquire Bobo, Ciotoli, Bocchino

Newman & Carsini, P.A. Landmark Center One, Suite 510

315 East Robinson Street Orlando, Florida 32801-1983

(Certified Mail No. 7010 1670 0000 3105 9417)

Robert J. Grace, Jr., Esquire Stiles, Taylor & Grace, P.A. Post Office Box 460

Tampa, Florida 33601

(Certified Mail No. 7010 1670 0000 3105 9424)

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. 7010 1670 0000 3105 9431)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3105 9448)

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: 10-000552N

Orders for Case No: 10-000552N