05-001915N Angela H. Phillips And John L. Phillips, Individually And As Personal Representatives Of The Estate Of Allison Miranda Phillips, A Minor, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, November 16, 2005.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ANGELA H. PHILLIPS AND JOHN L. )

PHILLIPS, individually and as )

P ersonal R epresentatives of the )

E state of ALLISON MIRANDA )

PHILLIPS, a minor, deceased, )

)

Petitioner s , )

)

vs. ) Case No. 0 5 - 1915N

)

FLORIDA BIRTH - RELATED )

NEURO LOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

BAPTIST MEDICAL CENTER OF THE )

BEACHES, INC. and PATRICIA A. )

SCHROEDER, M.D., )

)

Intervenor s . )

)

FINAL ORDER APPROVING STIPULATI ON AND JOINT PETITIO N 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(7), Florida Statutes, upon the stipulation and joint

petition of the parties, filed November 1 4 , 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 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, Angela H. Phillips a nd John L. Phillips, are

the parents and natural guardians of Allison Miranda Phillips

(Allison), a deceased minor; that Allison was born a live infant

on July 6, 2002, at Baptist Medical Center - Beaches, a hospital

located in Jacksonville , Florida; and tha t her birth weight

exceeded 2,500 grams. The parties have further agreed that the

physician delivering obstetrical services at Allison's birth was

Patricia Schroeder, 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 stipulation,

the parties have agreed that Allison 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 November 1 4 , 2005 , is hereby approve d, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Angela H. Phillips and John L. Phillips,

as the parents of Allison Miranda Phillips , a deceased minor,

are awarded One hundred thousand dollars ($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), a death benefit of Ten thousand dollars

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

doll ars ($10, 0 00.00), and past expenses, the claims of

Petitioners (claimants) 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 o f any provision of the parties' stipulation and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of such stipulation and this

order .

DONE AND ORDERED this 16th day of November, 2005 , in

Tallahassee, Leon County, 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) 92 1 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 16th day of November, 2005 .

COPIES FURNISHED :

(Via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensat ion Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7099 3400 0010 4399 5445)

Chad S. Roberts, Esquire

Spohrer Wilner Maxwell & Matthews, P.A.

701 West Adams Street, Suite 2

Jacksonville, Florida 32204

(Certifi ed Mail No. 7099 3400 0010 4399 5438)

Michael H. Harmon, Esquire

Smith, Hulsey & Busey

225 Water Street, Suite 1800

Jacksonville, Florida 32202

(Certified Mail No. 7099 3400 0010 4399 5421)

Mary Bland Love, Esquire

Gobelman, Love, Gavin,

Blazs & Wasi lenko

815 South Main Street, Suite 300

Jacksonville, Florida 32207

(Certified Mail No. 7099 3400 0010 4399 5 377 )

Baptist Medical Center - Beaches

1350 13th Avenue South

Jacksonville Beach, Florida 32250

(Certified Mail No. 7099 3400 0010 4399 5407)

Patri cia A. Schroeder, M.D.

North Florida Obstetrical

& Gynecological Associates, P.A.

1370 13th Avenue South , Suite 118

Jacksonville Beach, Florida 32250

(Certified Mail No. 7099 3400 0010 4399 5391)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7099 3400 0010 4399 5 384 )

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

to judic ial 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 Di vision 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. Car reras , 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.