STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHATONDA WHITEHEAD, on behalf )

of and as parent and natural ) guardian of SERENITY WIMBERLY, ) a minor, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 10-9162N

)

ORDER APPROVING AMENDED 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 Amended Stipulation and Joint Petition of the parties, filed March 28, 2011, 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.

By the terms of their stipulation, the parties have agreed that Shatonda Whitehead is the mother and natural guardian of Serenity Wimberly (Serenity), a minor; that Serenity was born a

live infant on or about September 3, 2009, at Shands Hospital at the University of Florida, located in Gainesville, Florida, a "hospital" as defined in section 766.302(6); and that Serenity's birth weight exceeded 2,500 grams. The parties have further agreed that Lorna Rodriguez, M.D., delivered obstetrical services at Serenity'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). Finally, by stipulation, the parties agreed that Serenity suffered a "birth-related neurological injury," as that term is defined by section 766.302(2).

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

ORDERED that:

1. The Amended Stipulation and Joint Petition, filed

   
   

   March 28, 2011, is hereby approved, and the parties are directed to comply with the provisions thereof. (A prior Stipulation and Joint Petition filed March 4, 2011, was not approved, and by its terms is "null and void" due to non-approval.)

2. Petitioner, Shatonda Whitehead, as the mother and natural guardian of Serenity Wimberly, a minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1, to be paid in lump sum.

   
   

3. NICA will reimburse Daniel J. Glassman, Esquire, attorney for Petitioner, an agreed attorney's fee of Ten thousand dollars ($10,000.00) and expenses of One thousand, four dollars and fifty-three cents ($1,004.53), totaling Eleven thousand and four dollars and fifty-three cents ($11,004.53), in full, for services rendered in the filing of this claim, payable within 15 days of this Order.

4. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses, and past benefits/expenses, the claims of Petitioner (Claimant) shall be deemed fully satisfied and extinguished, except for the issues reserved in the parties' Amended Stipulation and Joint Petition filed March 28, 2011, including Respondent's continuing obligation under section 766.31(2), to pay future expenses as incurred.

5. With regard to any dispute regarding past benefits/expenses not resolved administratively by the parties, a hearing will be scheduled by a separate notice of hearing to address those issues. As for the date of the hearing, the parties shall, within 45 days of the date of this order, advise the undersigned Administrative Law Judge, with specificity, of the matters remaining in dispute, of several mutually agreeable dates for hearing, and of the time required for such hearing.

   
   

6. 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 order.

DONE AND ORDERED this 5th day of April, 2011, 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 5th day of April, 2011.

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. 7010 1670 0000 3097 0850)

Daniel J. Glassman, Esquire Law Offices of Rush & Glassman

11 Southeast Second Avenue Gainesville, Florida 32601

(Certified Mail No. 7010 1670 0000 3097 0867)

Shands Hospital

1600 Southwest Archer Road M301 Gainesville, Florida 32610

(Certified Mail No. 7010 1670 0000 3097 0874)

Lorna Rodriguez, M.D.

1600 Southwest Archer Road Gainesville, Florida 32610

(Certified Mail No. 7010 1670 0000 3097 1147)

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 3097 1154)

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 3097 1161)

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: 10-009162N

Orders for Case No: 10-009162N