04-001648N Cheryl L. Vaughn, On Behalf Of And As Parent And Natural Guardian Of Alexi L. Vaughn, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, October 26, 2004.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHERYL L. VAUGHN, on behalf of )

and as parent and natural )

guardian of ALEXI L. VAUGHN, a )

deceased minor, )

)

Petitioner, )

)

vs. ) Case No. 04-1648N

)

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,

AND JOINT STIPULATION AS TO PAYMENT TO PETITIONER'S COUNSEL OF

ATTORNEY'S FEES AND COSTS ASSOCIATED WITH FILING CLAIM FOR

COMPENSATION UNDER THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY

COMPENSATION PLAN

This cause came on to be heard pursuant to Sections 766.304

and 766.305(6), Florida Statutes, upon the Stipulation and Joint

Petition for Compensation of Claim, filed October 25, 2004, and

Joint Stipulation as to Payment to Petitioner's Counsel of

Attorney's Fees and Costs, filed October 25, 2004, wherein the

parties request 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, Cheryl L. Vaughn, is the parent and natural

guardian of Alexi L. Vaughn (Alexi), a deceased minor; that Alexi

was born a live infant on January 24, 2003, at Shands at Lake

Shore, a hospital located in Lake City, Columbia County, Florida;

and that Alexi's birth weight exceeded 2,500 grams. The parties

have further agreed that obstetrical services were provided by

Joseph M. Charles, Jr., M.D., during Alexi's birth, and that Dr.

Charles 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 Alexi 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 stipulations of the parties, filed October 25, 2004,

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

the provisions thereof.

2. Petitioner, Cheryl L. Vaughn, as the parent of Alexi

Vaughn, a deceased minor, is awarded One hundred thousand dollars

($100,000.00), pursuant to Section 766.31(1)(b), Florida

Statutes, to be paid in lump sum.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the parent (claimant), a death benefit

of Ten thousand dollars ($10,000.00), attorney's fees and other

expenses of Ten thousand five hundred dollars ($10,500.00), and

past expenses, the claims of 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' stipulations and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of those stipulations and this

Final Order.

DONE AND ORDERED this 26th day of October, 2004, 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

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 26th day of October, 2004.

COPIES FURNISHED :

(via certified mail)

Mark Avera, Esquire

Avera & Avera

305 Southeast Second Avenue

Post Office Box 2519

Gainesville, Florida 32602-2519

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

Joseph M. Charles, Jr., M.D.

2300 South First Street

Lake City, Florida 32024

Shands at Lake Shore, Inc.

368 Northeast Franklin Street

Lake City, Florida 32055

Tana D. Storey, Esquire

Roetzel & Andress

225 South Adams Street, Suite 250

Tallahassee, Florida 32301

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 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.