08-004042N Ashley Bell And James Bell, On Behalf Of And As Parents And Natural Guardians Of Chance Bell, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, April 21, 2009.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ASHLEY BELL AND JAMES BELL, ON )

BEHALF OF AND AS PARENTS AND )

NATURAL GUARDIANS OF CHANCE )

BELL, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 08-4042N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent. )

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304

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

Petition of the parties, filed April 20, 2009, 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 Ashley Bell and James Bell are the parents and natural

guardians of Chance Bell (Chance), a minor; that Chance was born

a live infant on January 17, 2006, at Lakeland Regional Medical

Center, a "hospital" as defined by Section 766.302(6), Florida

Statutes, located in Polk County, Florida; and that Chance's

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

agreed that Pamela D. Schwartz, M.D., delivered obstetrical

services at Chance'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 Chance 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 Joint Petition of the parties,

filed April 20, 2009, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Ashley Bell and James Bell, as the parents

and natural guardians of Chance Bell, a minor, are awarded One

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

766.31(1)(b)1., Florida Statutes, to be paid in lump sum.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), attorney's fees and other expenses of

Seventeen thousand thirty-one dollars and eighteen cents

($17,031.18), and past expenses, the claims of Petitioners

(Claimants) shall be deemed fully satisfied and extinguished,

except for Respondent's continuing obligation under Section

766.31(2), Florida Statutes, to pay future expenses as incurred.

4. The Division of Administrative 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 21st day of April, 2009, in

Tallahassee, Leon County, Florida.

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 21st day of April, 2009.

COPIES FURNISHED :

(Via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9067)

Charles T. Moore, Esquire

Knopik, Varner, Moore

One Harbour Place, Suite 800

777 South Harbour Island Boulevard

Tampa, Florida 33602-5434

(Certified Mail No. 7008 3230 0001 6307 9074)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7008 3230 0001 6307 9081)

Pamela D. Schwartz, M.D.

Watson Clinic, LLP

1600 Lakeland Hills Boulevard

Lakeland, Florida 33805

(Certified Mail No. 7008 3230 0001 6307 9098)

Lakeland Regional Medical Center

1324 Lakeland Hills Boulevard

Lakeland, Florida 33813

(Certified Mail No. 7008 3230 0001 6307 9104)

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.