07-002779N Kelly Lauren Farrell As Personal Representative Of The Estate Of Natalie Sha Farrell, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, October 12, 2007.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KELLY LAUREN FARRELL AS )

PERSONAL REPRESENTATIVE OF THE )

ESTATE OF NATALIE SHA FARRELL, )

DECEASED, )

)

Petitioner, )

)

vs. ) Case No. 07 - 2779N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent , )

)

and )

)

MORTON PLANT MEASE HEALTH CARE, )

INC., d/b/a MORTON PLANT )

HOSPITAL, )

)

Intervenor. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION

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 eti tion of the parties, filed October 10, 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 resolutio n of the exclusive remedy otherwise available as

outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed

that Kelly Lauren Farrell (Petitioner) is the parent and natural

guardian of Natalie Sha Farrell (Natalie ), a deceased minor;

that Natalie was born a live infant on January 12, 2004, at

Morton Plant Hospital, a hospital located in Clearwater,

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

The parties have further agreed that Saul Lerner, M.D. ,

delivered obstetrical services at Natalie'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

thei r stipulation, the parties have agreed that Natalie 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 October 10, 2007, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioner, Kelly Lauren Farrell, as the mother of

Natalie Sha Farrell, 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 Sta tutes, 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), attorney's fees and other expenses of Eleven

thousand dollars ($11,000.00), and past expens es, the claims of

Petitioner ( C laimant) shall be deemed fully satisfied and

extinguished.

4. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any disputes should

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

this Final Order.

DONE AND ORDERED this 12th 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 12th day of October, 2007.

COPIES FURNISHED :

(V ia 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 2376)

Andrea L. Hairelson, Esqu ire

Mac A. Grecor, Jr., P.A.

600 Madison Street

Tampa, Florida 33606

(Certified Mail No. 7099 3400 0010 4399 2291)

Carl A. Goldman, Esquire

Morgan, Lamb, Goldman & Valles, P.A.

2701 North Rocky Point Drive

Suite 410

Tampa, Florida 33607 - 5917

(Certified Mail No. 7099 3400 0010 4399 2284)

Saul Lerner, M.D.

508 Jeffords Street, Suite C

Clearwater, Florida 33756

(Certified Mail No. 7099 3400 0010 4399 2475)

Morton Plant Hospital

300 Pinellas Street

Clearwater, Florida 33756

(Certified Mail No. 7099 3400 0010 4399 2468)

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 2451)

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 b y

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, an d 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.