05-000991N Katherine Wess, Individually, And Katherine Wess, As Parent And Natural Guardian Of Gakiera Allen vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Thursday, December 19, 2013.

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

KATHERINE WESS, individually, )

AND KATHERINE WESS, as parent )

and natural guardian of GAKIERA )

ALLEN, )

)

Petitioner, )

)

vs. ) Case No. 05 - 0991N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respond ent, )

)

and )

)

OCALA REGIONAL MEDICAL CENTER, )

)

Intervenor. )

)

FINAL ORDER APPROVIN G AMENDED STIPULATION AND JOIN T PETITION FOR

COMPENSATION OF CLAI M ARI SING OUT OF FLORIDA 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(7), Florida Statutes, upon the Amended Stipulation

and J oint P etition of the parties, filed January 9, 2006, 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 remed y otherwise available as

outlined in Chapter 766, Florida Statutes.

By the terms of their amended stipulation, the parties have

agreed that Petitioner, Katherine Wess, is the parent and

natural guardian of Gakiera Allen (Gakiera), a minor; that

Gakiera was born a live infant on April 9, 2002, at Ocala

Regional Medical Center, a hospital located in Ocala, Florida;

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

parties have further agreed that the physician delivering

obstetrical services at Gakie ra's birth was Rasiklal Nagda,

M.D., who, at all times material hereto, was a "participating

physician" in the Florida Birth - Related Neurological Injury

Compensation Plan, as defined by Section 766.302(7), Florida

Statutes. Finally, by their amended stipu lation, the parties

have agreed that Gakiera 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 Amended Stipulation and J oint P etition of the

parties, filed January 9, 2006, is hereby approved, and the

parties are directed to comply with the provisions thereof.

2. Petitioner, Katherine Wess, as the parent of

Gak iera Allen, a minor, is awarded One hundred thousand dollars

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

Statutes, to be used for purposes consistent with the terms of

the parties' a mended s tipulation.

3. Upon payment of the award of One hun dred thousand

dollars ($100,000.00), attorney's fees and other expenses of Ten

thousand dollars ($10,000.00), and past expenses, the claims of

Petitioner (claimant) shall be deemed fully satisfied and

extinguished, except to the extent of Respondent's cont inuing

obligation under the provisions of Section 766.31(2), Florida

Statutes, 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 prov ision of the parties' a mended

s tipulation and to resolve any disputes, should they arise,

regarding the parties' compliance with the terms of such a mended

s tipulation and this order.

DONE AND ORDERED this 10th day of January, 2006, 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

Filed with the Clerk of the

Division of Administrative Hearings

this 10th day of January, 2006.

COPIES FURNISHED :

(Via certified mail)

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compen sation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7003 1010 0001 2044 4654)

H. Scott Bates, Esquire

Morgan, Colling & Gilbert, P.A.

20 North Orange Avenue, Suite 1600

Orlando, Florida 32802 - 4979

(Certified Mail No. 7003 1010 0001 2044 4661)

Richard B. Schwamm, Esquire

Haliczer Pettis, P.A.

Landmark Center Two, Suite 475

225 East Robinson Street

Orlando, Florida 32801

(Certified Mail No. 7003 1010 0001 2044 4678)

Rasiklal D. Nagda, M.D.

150 Southeast 17th Street

Ocala, Florida 34471

(Certified Mail No. 7003 1010 0001 2044 4685)

Ocala Regional Medical Center

1431 Southwest First Avenue

Ocala, Florida 34474

(Certified Mail No. 7003 1010 0001 2044 4692)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7003 1010 0001 2044 4708 )

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this final order is entitled

to j udicial 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 th e 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.