09-006604N Christina Kent And John Kent, On Behalf Of And As Parents And Natural Guardians Of Maryn Kent, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, February 23, 2010.

Summary: 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.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHRISTINA KENT AND JOHN KENT, )

ON BEHALF OF AND AS PARENTS AND )

NATURAL GUARDIANS OF MARYN )

KENT, A DECEASED MINOR, )

)

Petitioners, )

)

vs. ) Case No. 09-6604N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

KAREN HARRIS, M.D., and NORTH )

FLORIDA WOMEN'S PHYSICIANS, )

P.A., )

)

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 for consideration, pursuant to Sections

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

and Joint Petition of the parties, filed January 29, 2010, 1 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 Petitioners, Christina Kent and John Kent, are the parents

and legal guardians of Maryn Kent (Maryn), a deceased minor;

that Maryn was born a live infant on June 28, 2007, at North

Florida Regional Medical Center, a "hospital," as defined by

Section 766.302(6), Florida Statutes; and that Maryn's birth

weight was 3,300 grams, exceeding the statutory 2,500 grams.

The parties have further agreed that the physician delivering

obstetrical services at Maryn's birth was Karen Harris, M.D.,

who, 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, and that at all times material, Dr. Harris was

employed by North Florida Women's Physicians, P.A. Finally, by

their stipulation, the parties have agreed that Maryn suffered a

"birth-related neurological injury," as that term is defined by

Section 766.302(2), Florida Statutes, and died on July 1, 2007.

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 January 29, 2010, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Christina Kent and John Kent, as the

parents and legal guardians of Maryn Kent, a deceased minor, are

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 Statutes, 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), and payment of past benefits under Section

766.31(1)(a), Florida Statutes, the claims of Petitioners

(claimants) shall be deemed fully satisfied and extinguished.

4. No provision is made under Section 766.31(2), Florida

Statutes, to pay future benefits/expenses because the child,

Maryn, is deceased.

5. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any dispute as to the

interpretation of any provision of the parties' stipulation, and

to resolve any disputes, including but not limited to past

expenses, should they arise, regarding the parties' compliance

with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 23rd day of February, 2010, in

Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

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 23rd day of February, 2010.

ENDNOTE

1/ An unexecuted Stipulation and Joint Petition filed

January 13, 2010, has not been considered.

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 9753)

John Kent

Christina Kent

24814 Northeast 247th Loop

Raiford, Florida 32083

(Certified Mail No. 7008 3230 0001 6307 9760)

Ariel Sofro, Esquire

Lubell & Rosen

Museum Plaza, Sixth Floor

200 South Andrews Avenue

Fort Lauderdale, Florida 33301

(Certified Mail No. 7008 3230 0001 6307 9777)

North Florida Regional Medical Center

6500 Newberry Road

Gainesville, Florida 32605

(Certified Mail No. 7008 3230 0001 6307 9784)

Amy Rice, Acting Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 7008 3230 0001 6307 9791)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9807)

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.