STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTIANA BUFFINGTON AND )

JOSHUA BUFFINGTON, individually ) and as parents and next friends ) of MIKAYLA BUFFINGTON, a minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

PAMELA CARBIENER, M.D., )

)

Intervenor. )

Case No. 11-5077N

)

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

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 of Claim, filed with the Division of Administrative Hearings on May 8, 2012.

On April 13, 2012, a Final Order Approving Stipulation for Entry of Award in this case was entered. Paragraph three of the Order provided: "Respondent shall pay reasonable expenses to

McMillan [sic] Law Firm, P.A., incurred in connection with the filing of Petitioners' claim in the instant case, including reasonable attorney's fees, to be agreed upon by the parties at the resolution of the claim." The parties have come to an agreement regarding the reasonable expenses incurred in connection with the filing of the claim.

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

ORDERED:

1. Petitioners' and Respondent's stipulation for Respondent to pay as a lump sum to the McMillen Law Firm

   $10,000.00 in attorney's fees and $279.15 in costs is approved and said attorney's fees and costs shall be paid forthwith.

2. The parties shall abide by the terms of the Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection with Filing of Claim.

DONE AND ORDERED this 10th day of May, 2012, in Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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 10th day of May, 2012.

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 6564)

Halifax Medical Center

303 North Clyde Morris Boulevard

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

(Certified Mail No. 7011 1570 0001 1540 6595)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).

Docket for Case No: 11-005077N

Orders for Case No: 11-005077N