06-000876N Andrea Rediske And Christopher Rediske, On Behalf Of And As Parents And Natural Guardians Of Ethan Rediske, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 5, 2013.

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

ANDREA REDISKE AND CHRISTOPHER )

REDISKE, on behalf of and as )

parents and natural guardians )

of ETHAN REDISKE, a minor, )

)

Petitioner , )

)

vs. ) Case No. 06 - 0876N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSO CIATION , )

)

Respondent . )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

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

NEUROLOGICAL INJURY PUR SUANT TO CHAPTER 766 , FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

and 766.305(7), Florida Statutes, upon the Stipulation and J oint

P etition of the parties, filed July 21, 2006, for the entry of

an order approving the reso lution 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, Andre a Rediske and Christopher Rediske, are

the parents and legal guardians of Ethan Rediske (Ethan), a

minor; that Ethan was born a live infant on May 5, 2002, at

Florida Hospit al, a hospital located in Orlando, Florida; and

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

have further agreed that the physician delivering obstetrical

services at Ethan's birth was Natasha Knight, 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 stipulation, the parties have agreed that Ethan

suffered a "birth - related n eurological 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 J oint P etition of the parties,

filed July 21, 2006, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Andre a Rediske and Christopher Rediske, as

the parents of Ethan Rediske, a minor, are awarded One hundred

thousand do llars ($100,000.00), pursuant to Section

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

consistent with the terms of the parties' stipulation.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), and past expenses, the clai ms of

Petitioner s (claiman ts ) shall be deemed fully satisfied and

extinguished, except to the extent of Respondent's continuing

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 provision of the parties' stipulation and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of s uch stipulation and this

order.

DONE AND ORDERED this 24th day of July, 2006 , in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

12 30 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 24th day of July, 2006 .

COPIES FURNISHED :

(Via ce rtified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7002 0860 0000 9192 9618)

Andrea Rediske

Christopher Red iske

12638 Castlemain Trail

Orlando, Florida 32828

(Certified Mail No. 7002 0860 0000 9192 9625)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Cer tified Mail No. 7002 0860 0000 9192 9632)

Natasha Knight, M.D.

531 North Maitland Avenue

Maitland, Florida 32751

(Certified Mail No. 7002 0860 0000 9192 9649)

Florida Hospital

601 East Rollins Street

Orlando, Florida 32803

(Certified Mail No. 7002 0860 0000 9192 9656)

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 A ppellate 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 re viewed.