06-003413N Ineda Chapman, Individually, And Delories Scott, As Personal Representative Of The Estate Of Azia Chapman, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, September 21, 2007.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

INEDA CHAPMAN, INDIVIDUALLY, )

AND DELORIES SCOTT, AS PERSONAL )

REPRESENTATIVE OF THE ESTATE OF )

AZIA CHAPMAN, DECEASED, )

)

Petitioner, )

)

vs. ) Case No. 06 - 3413N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOC IATION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G AMENDED STIPULATIO N AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH - RELAT ED

NEUROLOGICAL INJU RY PURSUANT TO CHAPT ER 766, FLORIDA STAT UTES

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 September 20, 2007, 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 Petitioner, Ineda Chapman is the natural mother of

Azia Chapman (Azia), a deceased minor; that Delories Scott is

the maternal grandmother and personal representative of Azi a's

estate; that Azia was born a live infant on November 28, 2003,

at Ocala Regional Medical Center, a hospital located in Ocala,

Florida; and that Azia's birth weight exceeded 2,500 grams. The

parties have further agreed that Seaborn M. Hunt, Jr., M.D. a nd

Hilary Morgan, CNM, delivered obstetrical services at Azia's

birth, and at all times material hereto, were "participating

physician[s]" in the Florida Birth - Related Neurological Injury

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

Statute s. Finally, by their stipulation, the parties have

agreed that Azia 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 otherwi se fully advised in the premises, it is

ORDERED that:

1. The Amended Stipulation and J oint P etition of the

parties, filed September 20, 2007, is hereby approved, and the

parties are directed to comply with the provisions thereof.

2. Petitioner, Ineda Cha pman, as the natural mother of

Azia Chapman, a deceased minor, is awarded One hundred thousand

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

Florida Statutes, and Delories Scott, as the personal

representative of the estate of Azia Chapman, a deceased minor,

is awarded a death benefit of Ten thousand dollars ($10,000.00),

pursuant to Section 766.31(1)(b)2., Florida Statutes, all 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 Six thousand

three hundred one dollars and forty - five cents ($6,301.45), and

past expenses, the claims of Petitioners ( C laimants) 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 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 Hearing s

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 21st day of September, 2007 .

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 4783)

K enton V. Sands, Esquire

Sands White & Sands, P.A.

760 White Street

Daytona Beach, Florida 32114

(Certified Mail No. 7099 3400 0010 4399 4776)

M. Mark Bajalia, Esquire

Brennan, Manna & Diamond

76 South Laura Street, Suite 2110

Jacksonville, Florida 32202

(Certified Mail No. 7099 3400 0010 4399 4769)

Seaborn M. Hunt, Jr., M.D.

150 Southeast 17th Street, Suite 703

Ocala, Florida 34471

(Certified Mail No. 7099 3400 0010 4399 4752)

Hilary Morgan, CNM

150 Southeast 17th Street, Suite 703

Ocala, Florida 344 71

(Certified Mail No. 7099 3400 0010 4399 4745)

Ocala Regional Medical Center

1431 Southwest 1st Avenue

Ocala, Florida 34471

(Certified Mail No. 7099 3400 0010 4399 4738)

Charlene Willoughby, Director

Consumer Services Unit, Enforcement

Department of Health

4052 Bald Cypress Way, Bin C75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7099 3400 0010 4399 4721)

NOTICE OF RIGHT TO JUDICIAL REVIEW

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

to judicial review pursuant to Sect ions 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 He arings 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.