07-000508N Sarah Griffith And Philip Griffith, On Behalf Of And As Parents And Natural Guardians Of Eli Griffith, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, May 29, 2007.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SARAH GRIFFITH AND PHILIP )

GRIFFITH, ON BEHALF OF AND AS )

PARENTS AND NATURAL GUARDIANS )

OF ELI GRIFFITH, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 07 - 0508N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIAT ION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

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

NEUROLOGICAL INJURY PURSUAN T TO CHAPTER 766, FL ORIDA 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 May 25, 2007, for the entry of an

order approving the resolutio n 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 t he terms of their stipulation, the parties have agreed

that Petitioners, Sarah Griffith and Philip Griffith, are the

parents and legal guardians of Eli Griffith (Eli), a minor; that

Eli was born a live infant on October 20, 2004, at Sacred Heart

Hospital, a hospital located in Escambia County, Florida; and

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

further agreed that the physician delivering obstetrical

services at Eli's birth was Jill Prafke, M.D., who, at all times

material hereto, w as 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 Eli suffered a "birth -

related neurological i njury," 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 May 25, 2007, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Sarah Griffith and Philip Griffith, as the

parents of Eli Griffith, a minor, are awarded 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 ($100,000.00), 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 Hea rings 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 an d this

order.

DONE AND ORDERED this 29th day of May, 2007, in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkwa y

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 29th day of May, 2007.

COPIES FURNISHED :

(Via Certified Mail)

Kenne y Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7002 0860 0000 9191 7233)

Philip Griffith

Sarah Griffith

5421 Old River Road

Baker, Florida 32531

(Certified Mail No. 7002 0860 0000 9191 7240)

Jill Prafke, M.D.

4900 Grade Drive

Pensacola, Florida 32504

(Certified Mail No. 7002 0860 0000 9191 7257)

Sacred Heart Hospital

5151 North 9th Avenue

Pensacola, Florida 32504

(Certifi ed Mail No. 7002 0860 0000 9191 7264)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7002 0860 0000 9191 7271)

NOTICE OF RIGHT T O 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 Appellate Procedure. Such proceedin gs 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,

Fl orida 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.