08-004225N Alicia L. Rangel Carson, On Behalf Of And As Parent And Natural Guardian Of Keyshawn J. Carson, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, May 4, 2009.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ALICIA L. RANGEL CARSON, ON )

BEHALF OF AND AS PARENT AND )

NATURAL GUARDIAN OF KEYSHAWN J. )

CARSON, A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 08-4225N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

LAKELAND OB-GYN, P.A., LAKELAND )

OB-GYN, P.A., d/b/a CENTRAL )

FLORIDA WOMEN'S CARE, JOHN )

CARAVELLO, M.D., GRACIA M. )

DAMIAN, M.D., PATRICIA K. )

RICHEY, MN, RN, ARNP/CNM, and )

LAKELAND REGIONAL MEDICAL )

CENTER, INC., )

)

Intervenors. )

)

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 Petitioners and Respondent, filed April 24, 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, Petitioners and

Respondent have agreed that Alicia L. Rangel Carson is the

parent and natural guardian of Keyshawn J. Carson (Keyshawn), a

minor; that Keyshawn was born a live infant on October 26, 2005,

at Lakeland Regional Medical Center, a "hospital" as defined by

Section 766.302(6), Florida Statutes, located in Lakeland,

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

The Petitioners and Respondent have further agreed that Gracia

Damian, M.D., and Patricia Richey, ARNP, delivered obstetrical

services at Keyshawn's birth, and at all times material hereto,

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

Neurological Injury Compensation Plan, as defined by Section

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

Petitioners and Respondent have agreed that Keyshawn 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, filed April 24,

2009, is hereby approved, and the parties are directed to comply

with the provisions thereof.

2. Petitioner, Alicia L. Rangel Carson, as the parent and

natural guardian of Keyshawn J. Carson, a minor, is awarded One

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

766.31(1)(b)1., Florida Statutes, to be used for purposes

consistent with the terms of the parties' stipulation.

3. Upon payment of the award of One hundred thousand

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

thousand five hundred dollars ($10,500.00), 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 4th day of May, 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 4th day of May, 2009.

COPIES FURNISHED :

(Via Certified Mail)

Armando T. Lauritano, Esquire

Morgan & Morgan, P.A.

One Tampa City Center

201 North Franklin Street, 7th Floor

Tampa, Florida 33602

(Certified Mail No. 7008 3230 0001 6307 9326)

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 9333)

Paula Rousselle, Esquire

Saieva, Rousselle & Stine, P.A.

601 West Swann Avenue, Suite B

Tampa, Florida 33606-2722

(Certified Mail No. 7008 3230 0001 6307 9340)

Ronald H. Josepher, Esquire

Josepher & Batteese, P.A.

First Union Center, Suite 1190

100 South Ashley Drive

Tampa, Florida 33602-5300

(Certified Mail No. 7008 3230 0001 6307 9357)

Roland J. Lamb, Esquire

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

500 North Westshore Boulevard, Suite 820

Tampa, Florida 33609

(Certified Mail No. 7008 3230 0001 6307 9364)

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 9371)

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.