08-001964N Pamela Ivory, On Behalf Of And As Parent And Natural Guardian Of Tavarres Ivory, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, November 20, 2008.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

PAMELA IVORY, ON BEHALF OF AND )

AS PARENT AND NATURAL GUARDIAN )

OF TAVARRES IVORY, A MINOR, )

)

Petitioner, )

)

vs. ) Case No. 08-1964N

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

MARTIN MEMORIAL HEALTH SYSTEMS, )

INC., d/b/a MARTIN MEMORIAL )

MEDICAL CENTER, )

)

Intervenor. )

)

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 November 19, 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 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 Pamela Ivory, is the parent and legal guardian of

Tavarres Ivory (Tavarres), a minor; that Tavarres was born a

live infant on March 16, 2005, at Martin Memorial Medical

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

Statutes, located in Stuart, Florida; and that Tavarres' birth

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

that Joseph Kenton Clouser, M.D., delivered obstetrical services

at Tavarres' 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 Tavarres 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 November 19, 2008, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioner, Pamela Ivory, as the parent and legal

guardian of Tavarres Ivory, 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

Three thousand nine hundred eleven dollars and ninety-nine cents

($3,911.99), and past expenses, the claims of Petitioner

(Claimant) 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 20th day of November, 2008, 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 20th day of November, 2008.

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. 7007 2680 0000 9309 0601)

Phyllis M. Gillespie, Esquire

Gary, Williams, Finney, Lewis

Watson & Sperando, P.L.

221 Southeast Osceola Street

Stuart, Florida 34994

(Certified Mail No. 7007 2680 0000 9309 0885)

G. Bruce Hill, Esquire

Hill, Adams, Hall & Schieffelin, P.A.

Post Office Box 1090

Winter Park, Florida 32790

(Certified Mail No. 7007 2680 0000 9309 0892)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7007 2680 0000 9309 0908)

Joseph Kenton Clouser, M.D.

1815 South Kanner Highway

Stuart, Florida 34994

(Certified Mail No. 7007 2680 0000 9309 0915)

Cathy Van Meter Griffin, CNM

Martin County Health Department

3441 Southeast Willoughby Boulevard

Stuart, Florida 34994

(Certified Mail No. 7007 2680 0000 9309 0922)

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.