05-001299N Stacie T. Gifford And Mark J. Gifford, On Behalf Of And As Parents And Natural Guardians Of Natalie E. Gifford, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, May 25, 2005.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STACIE T. GIFFORD AND MARK J. )

GIFFORD, on behalf of and as )

parents and natural guardians )

of NATALIE E. GIFFORD, a )

deceased minor, )

)

Petitioner s , )

)

vs. ) Case No. 05 - 1299N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COM PENSATION ASSOCIATION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

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

NEUROL OGICAL INJURY PURSUA NT TO CHAPTER 766, F LORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

and 766.305( 7 ), Florida Statutes, upon the stipulation and joint

petition of the Petitioner s and Respondent, filed May 24, 2005 ,

for the e ntry 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 outline d in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Petitioner s , Stacie T. Gifford and Mark J. Gifford, are the

parents and natural guardian s of Natalie E. Gifford (Natalie), a

deceased minor; that Natalie wa s born a live infant on May 14,

2004, at Morton Plant Hospital, a hospital located in

Clearwater , Florida; and that h er birth weight exceeded 2,500

grams. The parties have further agreed that the physician

delivering obstetrical services at Natalie's birt h was Robert J.

Heller, M.D., who, at all times material hereto, w as 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 par ties have agreed that Natalie 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 stipulation and joint petition of the parties,

filed May 24, 2005 , is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioner s, Stacie T. Gifford and Mark J. Gifford, as

the parents of Nata lie E. Gifford, a deceased minor, are 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) , a death benef it of Ten thousand dollars

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

five hundred dollars ($1 0 , 500 . 00 ), and past expenses, the claims

of Petitioner s (claimant s ) shall be deemed fully satisfied and

extinguished.

4. The Division of Ad ministrative 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 suc h stipulation.

DONE AND ORDERED this 25th day of May, 2005 , in Tallahassee,

Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkw ay

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, 2005 .

COPIES FURNISHED :

(Via certified mail)

Kenn ey Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32308

Leonard Milcowitz, Esquire

Milcowitz & Lyons, P.A.

29605 U.S. Highway 19 North, Suite 110

Clearwater, Florida 33761 - 2134

Robert J. Heller, M.D.

The Diagnostic Center

1551 West Bay Drive

Largo, Florida 33770 - 2209

Morton Plant Hospital

300 Pinellas Street

Clearwater, Florida 33756

Charlene Willoughby, Director

Consumer Services Unit - Enfor cement

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,

acco mpanied 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 no tice of appeal must be filed within 30 days of

rendition of the order to be reviewed.