04-002762N Tameca Harris On Behalf Of And Parent And Natural Guardian Of Ashanti Harris, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, January 14, 2005.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TAMECA HARRIS on behalf of and )

parent and natural guardian of )

ASHANTI HARRIS , a minor, )

)

Petitioner, )

)

vs. ) Case No. 04 - 2762N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

F LORIDA HOSPITAL DELAND, )

HUSSAIN ESMAIL - RAWJI, M.D., and )

VOLUSIA COUNTY HEALTH )

DEPARTMENT, )

)

Intervenors. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT P ETITION FOR

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

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

This cause came on to be heard pursuant to Sections 766.304

and 766.305(6), Florida Statutes, upon the stipulation and jo int

petition of the Petitioner and Respondent, filed January 5,

2005, 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

St atutes, and a resolution of the exclusive remedy otherwise

available as outlined in Chapter 766, Florida Statutes, and the

letter of January 10, 2005, filed on behalf of Intervenors

Hussain Esmail - Rawji, M.D., and Volusia County Health

Department, and the letter of January 12, 2005, filed on behalf

of Intervenor Florida Hospital Deland, announcing that they have

no objection to the approval of Petitioner's and Respondent's

stipulation.

By the terms of their stipulation, the Petitioner and

Respondent have ag reed that Petitioner, Tameca Harris, is the

parent and natural guardian of Ashanti Harris (Ashanti), a

minor; that Ashanti was born a live infant on October 9, 2002,

at Florida Hospital Deland, a hospital located in Deland,

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

parties have further agreed that the physician delivering

obstetrical services during the birth of Ashanti was

Hussain Esmail - Rawji, M.D., who, at all times material hereto,

was a participating physician in the Florida Birth - R elated

Neurological Injury Compensation Plan, as defined by Section

766.302(7), Florida Statutes. Finally, by their stipulation,

the parties have agreed that Ashanti suffered a "birth - related

neurological injury," as that term is defined by Section

766.30 2(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 January 5, 2005,

is hereby approved, and the parties are direc ted to comply with

the provisions thereof.

2. Petitioner, Tameca Harris, as the parent of

Ashanti Harris, a minor, is accorded an award of One hundred

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

766.31(1)(b), Florida Statutes, to be used for purpo ses

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 (claimant), and past

expenses, the claims of Petitioner (claimant) shall be deemed

fully satisfied and exti nguished, 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 14th day of January, 2005, in

Tallahassee, Leon Cou nty, Florida.

S

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 (850) 921 - 6847

www.doah.state.fl.us

F iled with the Clerk of the

Division of Administrative Hearings

this 14th day of January, 2005.

COPIES FURNISHED :

(via certified mail)

Tameca Harris

818 South Stone Street

Deland, Florida 32720

Clemente J. Inclan, Esquire

M cCumber, Inclan, Daniels, Valdez, Buntz &

Ferrera, P.A.

One Independent Drive, Suite 1800

Jacksonville, Florida 32202

C. Anthony Schoder, Jr., Esquire

Smith & Schoder, L.L.P.

605 South Ridgewood Avenue

Daytona Beach, Florida 32114

Kenney Shipley, Exe cutive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32308

Hussain Esmail - Rawji

1330 South Woodland Boulevard

Deland, Florida 32720

Florida Hospital Deland

701 West Plymouth Avenue

Deland, Florida 32721

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

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 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.