07-002120N Jeffrey Emanuel Brown, Jr., And Lamara Shantel Hendrix, Parents And Natural Guardians Of Je`cari Lamar Brown, A Minor Child vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, October 22, 2007.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JEFFREY EMANUEL BROWN, JR., AND )

LAMARA SHANTEL HENDRIX, PARENTS )

AND NATURAL GUARDIANS OF )

JE'CARI LAMAR BROWN, A MINOR )

CHILD , )

)

Petitioners , )

)

vs. ) Case No. 07 - 2120N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSA TION ASSOCIATION , )

)

Respondent, )

)

and )

)

ALEXANDER J. BRICKLER, M.D., )

)

Intervenor . )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION

FOR COMPE NSATION OF CLAIM ARI SING OUT OF FLORIDA BIRTH - RELATED

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 t he parties, filed October 19, 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 Jeffrey Emanuel Brown, Jr., and Lamara Shantel Hendrix, are

the parents and natural guardian s of Je'Cari Lama r Brown

(Je'Cari), a deceased minor; that Je'Cari was born a live infant

on January 27 , 200 5 , at Tallahassee Memorial Hospital, a

hospital located in Tallahassee , Florida; and that Je'Cari's

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

agre ed that Alexander D. J. Brickler , M.D., delivered

obstetrical services at Je'Cari 's birth, and 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 Je'Cari 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 parti es,

and being otherwise fully advised in the premises, it is

ORDERED that:

1. The Stipulation and J oint P etition of the parties,

filed October 1 9 , 2007, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitione r s , Jeffrey Emanuel Brown, Jr., and

Lamara Shantel Hendrix, as the parents and natural guardians of

Je'Cari Lamar Brown, a deceased minor, are awarded One hundred

thousand dollars ($100,000.00), pursuant to Section

766.31(1)(b)1., Florida Statutes, and a d eath 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

(10,00 0.00), attorney's fees and other expenses of Ten thousand

nine hundred twenty - three dollars and ten cents ($1 0 , 923.10 ),

and past expenses, the claims of Petitioner s ( C laimant s ) shall

be deemed fully satisfied and extinguished.

4. The Division of Administr ative Hearings retains

jurisdiction over this matter to resolve any disputes should

they arise, regarding the parties' compliance with the terms of

this Final Order.

DONE AND ORDERED this 22nd day of October, 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 22nd day of October, 2007 .

COPIES FURNISHED :

(Via Certified Mail)

Thaxter A. Cooper, Esquire

Law Office of Thaxter A. Cooper

442 West Kennedy Boulevard, Suite 280

Ta mpa, Florida 33606

(Certified Mail No. 7005 0390 0002 0423 9231)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7005 0390 0002 0423 9248)

Rogelio J. Fontela, Esquire

Dennis, Jackson, Martin & Fontela, P.A.

1591 Summit Lake Drive, Suite 200

Tallahassee, Florida 32317

(Certified Mail No. 7005 0390 0002 0423 9255)

A. J. Brickler, M.D.

North Florida Women's Care

1407 Cen terville Road

Tallahassee, Florida 32308

(Certified Mail No. 7005 0390 0002 0423 9262)

Tallahassee Memorial Healthcare

1300 Miccosukee Road

Tallahassee, Florida 32308

(Certified Mail No. 7005 0390 0002 0423 9279)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7005 0390 0002 0423 9286)

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 Agen cy 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.