06-000923N Rosalin Troupe, On Behalf Of And As Parent And Natural Guardian Of Kayla Grayson, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, April 16, 2010.

Summary: Final Order approving the Association`s acceptance of the claim for compensation

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROSALIN TROUPE, ON BEHALF OF )

AND AS PARENT AND NATURAL )

GUARDIAN OF KAYLA GRAYSON, A )

MINOR, )

)

Petitioner, )

)

vs. ) Case No. 06 - 0923N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

ORLANDO REGIONAL HEALTHCARE )

SYSTEM, INC., d/b/a ORLANDO )

REGIONAL SOUTH SEMINOLE )

HOSPITAL, WILLIE B. NEWMAN, )

M.D., and NEWMAN CENTER FOR )

WOMEN, PL, )

)

Intervenors. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION 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 Section s 766.304

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

P etition of the parties, filed in four counterparts on

September 17, 2007 (by Intervenors Willie B. Newman, M.D., and

Newman Center for Woman, PL), on September 19, 2007 (by

Interve nor Orlando Regional Healthcare System, Inc., d/b/a South

Seminole Hospital), on September 19, 2007 (by Petitioner), and

on September 20, 2007 (by Respondent), for the entry of an order

approving the resolution of a formal claim for compensation

benefits h eretofore 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. 1

By the terms of their stipulation, the parties hav e agreed

that Petitioner, Rosalin Troupe, is the parent and natural

guardian of Kayla Grayson (Kayla), a minor; that Kayla was born

a live infant on October 27, 2005, at Orlando Regional South

Seminole Hospital, a hospital located in Longwood, Florida; and

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

have further agreed that the physician delivering obstetrical

services at Kayla's birth was Willie B. Newman, M.D., who, at

all times material hereto, was a "participating physician" in

the Flor ida Birth - Related Neurological Injury Compensation Plan,

as defined by Section 766.302(7), Florida Statutes. Finally, by

their stipulation, the parties have agreed that Kayla suffered a

"birth - related neurological injury," as that term is defined by

Secti on 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 in counterparts on September 17, 19, and 20, 2007, is

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

provisions thereof.

2. Petitioner, Rosalin Troupe, as the parent and natural

guardian of Kayla Grayson, a minor, is awarded One hundred

thousand dollars ($100,000.00), p ursuant 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), and past expenses, the claims of

Petitioner (claimant) 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 d ispute 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 such stipulation and this

order.

DONE AND ORDERED this 21st day of September, 2007, 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 S UNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 21st day of September, 2007.

ENDNOTE

1/ At paragraph 22 of the their stipulation, the parties agreed

"that this Joint Pe tition and Stipulation may be executed and

filed with the Division of Administrative Hearings in one or

more counterparts, each of which shall be deemed an original but

also which together will constitute one and the same

instrument."

COPIES FURNISHED :

( Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7099 3400 0010 4399 4851)

Rosalin Troupe

111 Mark David Boulevard

Casselberry, Florida 32707

(Certified Mail No. 7099 3400 0010 4399 4844)

Bradley P. Blystone, Esquire

Marshall, Dennehey, Wagner, Coleman

& Goggin

315 East Robinson Street, Suite 550

Orlando, Florida 32801

(Certified Mail No. 7099 3400 0010 4399 4837)

Michael Keith Wilson, Esquire

Broad and Cassel

390 North Orange Avenue, Suite 1400

Orlando, Florida 32801 - 1641

(Certified Mail No. 7099 3400 0010 4399 4820)

Willie B. Newman, M.D.

Law Offices Willie B. Newman, M.D., J.D.

901 Douglas Ave nue, Suite 205

Longwood, Florida 32714 - 4966

(Certified Mail No. 7099 3400 0010 4399 4813)

South Seminole Hospital

555 West State Road 434

Longwood, Florida 32750

(Certified Mail No. 7099 3400 0010 4399 4806)

Charlene Willoughby, Director

Consumer Servi ces Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7099 3400 0010 4399 4790)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this F inal O rder is entitl ed

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 Cler k

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 Associa tion 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.