01-000331N Lisa Renee Ellen, On Behalf Of And As Parent And Natural Guardian Of Brandon M. Ellen, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, March 29, 2001.

Summary: Final Order approving Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

LISA RENEE ELLEN, as parent and )

natural guardian of BRANDON M. )

ELLEN, a minor , )

)

Petitioner , )

)

vs. ) Case No. 01-0331N

)

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 Section 766.304,

Florida Statutes, upon the stipulation and joint petition of the

parties, filed March 26, 2001, 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, Lisa Renee Ellen, is the parent and Co-Personal

Representative of the Estate of Brandon M. Ellen (Brandon), a

deceased minor; that Brandon was born a live infant on

September 25, 2000, at Columbia Doctors Hospital of Sarasota, a

hospital located in Sarasota, Florida; and that his birth weight

exceeded 2,500 grams. The parties have further agreed that the

physician delivering obstetrical services during the birth of

Brandon was Joseph C. Corcoran, D.O.; who was, at all times

material hereto, 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 Brandon 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 of the parties, filed of record

March 26, 20 01, is hereby approved, and the parties are directed

to comply with the provisions thereof.

2. Petitioner, Lisa Renee Ellen, as the mother of

Brandon M. Ellen, a deceased minor, is accorded a lump sum award

of Ninety eight thousand dollars ($98,000.00).

3. Upon payment of the lump sum award of Ninety eight

thousand dollars ($98,000.00) to the mother, attorney's fees and

other expenses of Ten thousand dollars ($10,000.00) incurred in

pursuing the subject claim, and payment of past expenses, the

claims of the Petitioner (claimant) shall be deemed fully

satisfied and extinguished.

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, should they arise, regarding the

parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 29th day of March, 2001, 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 SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 29th day of Mar ch, 2001.

COPIES FURNISHED:

(By certified mail)

James D. Park, Esquire

1039 U.S. 41 By-Pass, South

Venice, Florida 34292

Lynn Larson, Executive Director

Florida Birth-Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

Joseph C. Corcoran, D.O.

600 Nokomis Avenue, South

Venice, Florida 34285

Columbia Doctors Hospital of Sarasota

5731 Bee Ridge Road

Sarasota, Florida 34285

Ms. Charlene Willoughby

Agency for Health Care Administration

Consumer Services Unit

Post Office Box 14000

Tallahassee, Florida 32308

Daniel Y. Sumner, General Counsel

Department of Insurance

The Capitol, Lower Level 26

Tallahassee, Florida 32399-0300

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 one copy of a Notice of Appeal with the Agency Clerk of the

Division of Administrative Hearings and a second copy, accompanied

by filing fees prescribed by law, with the appropriate District

Court of Appeal. See Section 120.68(2), 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.