07-000482N Kym Lindsey And Bill Lindsey, On Behalf Of And As Parents And Natural Guardians Of Levi Lindsey, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, August 8, 2007.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KYM LINDSEY AND BILL LINDSEY, )

ON BEHALF OF AND AS PARENTS AND )

NATURAL GUARDIANS OF LEVI )

LINDSEY, A MINOR , )

)

Petitioner s , )

)

vs. ) Case No. 07 - 0482N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

GEORGE T. BESONG, M.D., )

)

Intervenor . )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OU T OF FLORIDA BIRTH - R ELATED

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 J oint

P etition of the parties, filed August 3, 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 avai lable as

outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Petitioners, Kym Lindsey and Bill Lindsey, are the parents

and legal guardians of Levi Lindsey (Levi), a minor; that Levi

was born a live in fant on October 8, 2005, at Florida Hospital

Deland, a hospital located in Deland, Florida; and that Levi's

birth weight exceeded 2,500 grams. The parties have further

agreed that the physician delivering obstetrical services at

Levi's birth was George T. Besong, 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 agree d that Levi 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 J oint P etition of the parties,

filed August 3, 2007, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Kym Lindsey and Bill Lindsey, as the

parents of Levi Lindsey, a minor, are aw arded One hundred

thousand dollars ($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 ($100,000.0 0), and past expenses, the claims of

Petitioners ( C laimants) 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 such stipulation and this

order.

DONE AND ORDERED this 7th day of August, 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 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 7th day of August, 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 5261 )

Bill Lindsey

Kym Lindsey

335 North Grove Street

Deland, Florida 32724

(Certified Mail No. 7099 3400 0010 4399 5254)

Richards H. Ford, Esquire

Wicker, Smith, O'Hara, McCoy & Ford, P.A.

Post Office Box 2753

Orlando, Florida 32802 - 2753

(Certified Mail N o. 7003 1010 0001 2044 5231)

George Besong, M.D.

800 West Plymouth Avenue

Deland, Florida 32720

(Certified Mail No. 7099 3400 0010 4399 2895)

Florida Hospital Deland

701 West Plymouth Avenue

Deland, Florida 32721

(Certified Mail No. 7099 3400 0010 4399 5100)

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 5117)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party wh o 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 th e 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 B irth - 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.