03-000808N Ghenaile White, On Behalf Of And A Parent And Natural Guardian Of Cedric White, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, June 27, 2014.

Summary: Final Order approving the Florida Birth-Related Neurological Injury Compensation Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

GHENAILE WHITE, on behalf of )

and a parent and natural )

guardian of CEDRIC WHITE, a )

minor, )

)

Petitioner, )

)

vs. ) Case No. 03 - 0808N

)

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, FLORID A STATUTES 1

This cause came on to be heard pursuant to Section 766.304,

upon the S tipulation and J oint P etition of the parties, filed

October 27, 2003, for the entry of an order approving the

resolution of a formal claim for compensation benefits

heretofo re filed in this cause in accordance with the provisions

of Chapter 766, 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 Petitioner, Ghenaile White, is the parent and natural

guardian of Cedric White (Cedric), a minor; that Cedric was born

a live infant on March 4, 2002, at Parkway Regional Medical

Center, a hospital located in Dade County, Florida; and that his

birth weight was in excess of 2,500 grams. The parties have

further agreed that the physician delivering obstetrical

services during the birth of Cedric was Louis Gutierrez, M.D.,

who was, at all times material hereto, a participating physician

in the Florida Birth - Related Neurological Injury Com pensation

Plan, as defined by Section 766.302(7). Finally, by their

stipulation, the parties have agreed that Cedric 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 stipulation of the parties, filed October 27, 2003,

is approved, and the parties are directed to comply with the

provisions thereof.

2. Petitioner, Ghenaile Whi te, as the parent and natural

guardian of Cedric White, is accorded an award of One hundred

thousand dollars ($100,000.00), pursuant to Section

766.31(1)(b), to be used for purposes consistent with the terms

of the parties' stipulation.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the parent, payment of past expenses,

and payment of attorney's fees and other expenses of Ten

thousand five hundred dollars ($10,500.00) incurred in

connection with the filing of the claim, the c laim of Petitioner

(claimant) shall be deemed fully satisfied and extinguished,

except to the extent of Respondent's continuing obligation under

the provisions of Section 766.31, to pay future expenses as

incurred.

4. The Division of Administrative Hearin gs 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 October, 2003, in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 967 5 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 29th day of October, 2003.

ENDNOTE

1/ All citations are to Florida Statutes (2002) un less

otherwise indicated.

COPIES FURNISHED :

(via certified mail)

Harvey D. Friedman, Esquire

3636 West Flagler Street

Miami, Florida 33135

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Pie dmont Drive East, Suite 101

Tallahassee, Florida 32308

Louis Gutierrez, M.D.

16799 Northeast 1st Avenue

North Miami Beach, Florida 33162

Parkway Regional Medical Center

160 Northwest 170 Street

Miami Beach, Florida 33169

Ms. Charlene Willoughby

Depar tment of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

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 Sta tutes. 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 fi ling 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 appea l must be filed within 30 days of

rendition of the order to be reviewed.