07-000945N Berthenia Parker, On Behalf Of And As Mother And Personal Representative Of The Estate Of Marliyah Shadeja Parker, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, July 3, 2007.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BERTHENIA PARKER, ON BEHALF OF ) )

AND AS MOTHER AND PERSONAL )

REPRESENTATIVE OF THE ESTATE OF )

MARLIYAH SHADEJA PARKER, A )

DECEASED MINOR, )

)

Petitioner, )

) Case No. 07-0945N

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

BOARD OF TRUSTEES OF THE )

UNIVERSITY OF SOUTH FLORIDA, )

COLLEGE OF MEDICINE and TAMPA )

GENERAL HOSPITAL, )

)

Intervenors. )

FINAL ORDER APPROVING AMENDED STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES,

AND AMENDMENT TO PARAGRAPH 12. a) OF THE AMENDED

STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM

This cause came on to be heard pursuant to Sections 766.304

and 766.305(7), Florida Statutes, upon the Amended Stipulation

and Joint Petition of the parties, filed June 26, 2007, and the

amendment to paragraph 12. a) of the Amended Stipulation and

Joint Petition, filed July 3, 2007.

By the terms of their Amended Stipulation and amendment to

paragraph 12. a) of the Amended Stipulation (hereinafter

"Stipulation"), the parties have agreed that Petitioner,

Berthenia Parker, is the parent and legal guardian of Marliyah

Shadeja Parker (Marliyah), a deceased minor; that Marliyah was

born a live infant on May 18, 2005, at Tampa General Hospital, a

hospital located in Tampa, Florida; and that Marliyah's birth

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

that the physician delivering obstetrical services at Marliyah's

birth was Joan McCarthy, 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 agreed that Marliyah 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 Amended Stipulation and Joint Petition of the

parties, filed June 26, 2007, and the amendment to paragraph

12. a) of the Amended Stipulation and Joint Petition, filed

July 3, 2007, are hereby approved, and the parties are directed

to comply with the provisions thereof.

2. Petitioner, Berthenia Parker, as the parent of Marliyah

Shadeja Parker, a deceased minor, is awarded One hundred thousand

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

Florida Statutes, and a death benefit of Ten thousand dollars

($10,000.00), pursuant to Section 766.31(1)(b)2., Florida

Statutes, 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), and attorney's fees and other expenses of Ten

thousand five hundred dollars ($10,500.00), the claims of

Petitioner (claimant) 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

Final Order.

DONE AND ORDERED this 3rd day of July, 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

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 3rd day of July, 2007.

COPIES FURNISHED :

David G. Eaton, Esquire

Eaton & Powell

304 South Plant Avenue

Tampa, Florida 33606

(Certified Mail No. 7099 3400 0010 4399 5230)

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 5223)

Glenn M. Burton, Esquire

Burton, Schulte, Weekley, Hoeler,

Robbins & Beytin, P.A.

100 South Ashley Drive, Suite 600

Post Office Box 1772

Tampa, Florida 33601-1772

(Certified Mail No. 7099 3400 0010 4399 5179)

Robert J. Grace, Esquire

Stiles, Taylor & Grace, P.A.

Post Office Box 460

Tampa, Florida 33606

(Certified Mail No. 7099 3400 0010 4399 5162)

Derek M. Daniels, Esquire

McCumber, Inclan, Daniels, Buntz,

Hartig & Puig, P.A.

One Urban Centre, Suite 300

4830 West Kennedy Boulevard

Tampa, Florida 33609

(Certified Mail No. 7099 3400 0010 4399 5155)

Joan McCarthy, M.D.

University of South Florida

Harbourside Medical Tower

4 Columbia Drive, Suite 529

Tampa, Florida 33606

(Certified Mail No. 7099 3400 0010 4399 5148)

Tampa General Hospital

2 Columbia Drive

Tampa, Florida 33606

(Certified Mail No. 7099 3400 0010 4399 5131)

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 5124)

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 Appellate 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 reviewed.