04-000822N Tanya Sheffield And Rodney Sheffield, Individually, And As Parents And Natural Guardians For Zaniah Sheffield, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, May 8, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TANYA SHEFFIELD AND RODNEY )

SHEFFIELD, individually, and as )

parents and natural guardians )

for ZANIAH SHEFFIELD, a minor, )

)

Petitioners, )

)

vs. ) Case No. 04 - 0822N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OUT OF FLO RIDA BIRTH - RELATED

NEUROLOGICAL INJURY PU RSUANT TO CHAPTER 76 6, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

and 766.305(6), Florida Statutes, 1 upon the stipulation and joint

petition of the parties, filed May 21, 2004, for the entry of an

order approving the reso lution 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 Petitioners, Tanya Sheffield and Rodney Sheffield, are the

parents and natural guardians of Zaniah Sheffield (Zaniah), a

minor; that Zaniah was born a live infant on January 12, 2002,

at Flor ida Hospital Orlando, a hospital located in Orlando,

Florida; and that her birth weight exceeded 2,500 grams. The

parties have further agreed that obstetrical services were

provided by Melissa Moore, M.D., during Zaniah's birth, and that

Dr. Moore 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 Zaniah suffered a "bi rth - 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 pa rties, filed May 21, 2004, is

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

provisions thereof.

2. Petitioners, Tanya Sheffield and Rodney Sheffield, as

the parents of Zaniah Sheffield, a minor, are awarded of One

hundred thousand dolla rs ($100,000.00), pursuant to Section

766.31(1)(b)1, Florida Statutes, to be paid in lump sum.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the parents (claimants), attorney's

fees and other expenses of Twelve thousand nin ety dollars and

forty - three cents ($12,090.43), and past expenses, the claims of

Petitioners (claimants) 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 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 25th day of May, 2004, in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Buildin g

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 25th day of May, 2004.

ENDNOTE

1/ All citat ions are to Florida Statutes (2001) unless

otherwise indicated.

COPIES FURNISHED :

(via certified mail)

Scott McMillen, Esquire

McMillen, Reinhart & Voght, P.A.

111 North Orange Avenue, Suite 1450

Orlando, Florida 32801

Kenney Shipley, Executive Direct or

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32308

Melissa Moore, M.D.

531 North Maitland Avenue

Maitland, Florida 32751

Vanessa Vizcaino, M.D.

2 501 North Orange Avenue, Suite 235

Orlando, Florida 32804

Florida Hospital Orlando

601 East Rollins Avenue

Orlando, Florida 32803

Ms. Charlene Willoughby

Department 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 Statutes. Review proceedings are governed by the Florida

Rules of Appellate Procedure. Such p roceedings 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.