09-000426N Carrie M. Adams, On Behalf Of And As Parent And Natural Guardian Of David G. Adams, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, August 26, 2009.

Summary: Final order approving Association's acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CARRIE M. ADAMS, ON BEHALF OF )

AND AS PARENT AND NATURAL )

GUARDIAN OF DAVID G. ADAMS, A )

MINOR, )

)

Petitioner, )

)

vs. ) Case No. 09-0426N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

SANTO JOSEPH PANIELLO, M.D., )

BAY AREA WOMEN'S CARE, INC., )

and MORTON PLANT HOSPITAL )

ASSOCIATION, 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 the parties, filed August 25, 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 Carrie M. Adams, is the parent and legal guardian of

David G. Adams (David), a minor; that David was born a live

infant on December 16, 2006, at Morton Plant Hospital, a

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

located in Clearwater, Florida; and that David's birth weight

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

Santo J. Paniello, M.D., delivered obstetrical services at

David'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 David 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 August 25, 2009, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioner, Carrie M. Adams, as the parent and legal

guardian of David G. Adams, 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 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 26th day of August, 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 26th day of August, 2009.

COPIES FURNISHED :

Russell E. Artille, Esquire

Morgan & Morgan, P.A.

One Tampa City Center, Suite 700

Tampa, Florida 33602

(Certified Mail No. 91 7108 2133 3935 7992 4789)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 91 7108 2133 3935 7992 4796)

David S. Nelson, Esquire

Barr, Murman, Tonelli, Slother & Sleet

201 East Kennedy Boulevard, Suite 1700

Post Office Box 172669

Tampa, Florida 33672-0669

(Certified Mail No. 91 7108 2133 3935 7992 4802)

Roland J. Lamb, Esquire

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

500 North Westshore Boulevard, Suite 820

Tampa, Florida 33609

(Certified Mail No. 91 7108 2133 3935 7992 4819)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 91 7108 2133 3935 7992 4833)

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.