07-002185N Armando Payas, As Personal Representative Of The Estate Of Colton Barnhart And Heather Arthur, As Mother And Natural Guardian Of Colton Barnhart vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, February 27, 2008.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ARMANDO PAYAS, AS PERSONAL )

REPRESENTATIVE OF THE ESTATE OF )

COLTON BARNHART AND HEATHER )

ARTHUR, AS MOTHER AND NATURAL )

GUARDIAN OF COLTON BARNHART , )

)

Petitioner s , )

)

vs. ) Case No. 07 - 2185N

)

FLORIDA BIRTH - RELATED )

NEUROLO GICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

SHANDS TEACHING HOSPITAL AND )

CLINICS, INC., d/b/a SHANDS )

HOSPITAL AT THE UNIVERSITY OF )

FLORIDA, UNIVERSITY OF FLORIDA )

BOARD OF TRUSTEES, SHIREEN )

MADANI - SIMS, M.D., KENNETH )

KELLNER, M.D., JUDITH SIM MS - )

CE N DAN, M.D., DAINA GREENE, )

M.D., and MARGARET BENNETT, )

M.D. )

)

Intervenor s. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETIT ION

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

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 February 25, 2008, 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 resol ution of the exclusive remedy otherwise available as

outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Heather Arthur is the mother and legal guardian of

Colton Barnhart (Colton), a deceased minor; t hat Colton was born

a live infant on August 22, 2003 , at Shands Hospital at the

University of Florida, a "hospital" as defined by Section

766.302( 6 ), Florida Statutes, and located i n Gainesville ,

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

The parties have further agreed that Kenneth Kellner, M.D., and

Judith Simms - Ce n dan, M.D., d elivered obstetrical services at

Colton's birth, and at all times material hereto, w ere

"participating physician [s] " in the Florida Birth - Related

Neurological In jury Compensation Plan, as defined by Section

766.302(7), Florida Statutes. Finally, by their stipulation,

the parties have agreed that Colton 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 February 25, 2008, is hereby approved, and the parties are

direct ed to comply with the provisions thereof.

2. Petitioner, Heather Arthur, as the parent of

Colton Barnhart, 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 o f 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), attorne y's fees and other expenses of Eleven

thousand seven hundred forty - three dollars and twenty - five cents

($11,743.25) , and past expenses, the claims of Petitioner s

( C laimant s ) shall be deemed fully satisfied and extinguished.

4. The Division of Administrati ve Hearings retains

jurisdiction over this matter to resolve any disputes should

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

this Final Order.

5. The hearing scheduled for March 7, 2008, is cancelled.

DONE AND ORDERED this 27th day of February , 2008 , 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 27th day of February , 2008 .

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florid a Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820 0002 9840 5782)

Maria D. Tejedor, Esquire

Martinez, Manglardi & Diez - Arguelles &

Tejedor

540 North S emoran Boulevard

Orlando, Florida 32807

(Certified Mail No. 7005 1820 0002 9840 5799)

Eric P. Gibbs, Esquire

Estes, Ingram, Foels & Gibbs, P.A.

Post Office Box 4974

Orlando, Florida 32802 - 4974

(Certified Mail No. 7005 1820 0002 9840 5805)

G. Franklin Bishop, Esquire

McEwan, Martinez & Dukes, P.A.

108 East Central Boulevard

Orlando, Florida 32802

(Certified Mail No. 7005 1820 0002 9840 5812)

Tana D. Storey, Esquire

Brewton & Plante, P.A.

225 South Adams Street, Suite 250

Tallahassee, Florida 32301

(C ertified Mail No. 7005 1820 0002 9840 5829)

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 1820 0002 9840 5836)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this F inal O rder 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 pr oceedings 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.