10-000846N Ronnie Dean Crews And Bethany Ann Crews, As Parents And Natural Guardians Of Hunter Dean Crews, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, April 26, 2010.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RONNIE DEAN CREWS AND BETHANY )

ANN CREWS, AS PARENTS AND )

NATURAL GUARDIANS OF HUNTER )

DEAN CREWS, DECEASED, )

)

Petitioners, )

)

vs. ) Case No. 10-0846N

)

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 for consideration, pursuant to Sections

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

and Joint Petition of the parties, filed April 21, 2010.

By the terms of their Stipulation, the parties have agreed

that Petitioners, Ronnie Dean Crews and Bethany Ann Crews, are

the parents and legal guardians of Hunter Dean Crews (Hunter), a

deceased minor; that Hunter was born a live infant on July 30,

2009, at Memorial Hospital Jacksonville, a hospital located in

Jacksonville, Florida; and that Hunter's birth weight was 3,074

grams. The parties have further agreed that the physician

delivering obstetrical services at Hunter's birth was Joan Marie

Macksey, 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. Finally, by their stipulation, the

parties have agreed that Hunter suffered a "birth-related

neurological injury," as that term is defined by Section

766.302(2), Florida Statutes, which was the sole and proximate

cause of Hunter's death on August 1, 2009.

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 21, 2010, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Ronnie Dean Crews and Bethany Ann Crews,

as the parents and legal guardians of Hunter Crews, 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. 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

Joint Petition, and to resolve any disputes, should they arise,

regarding the parties' compliance with the terms thereof and

this Final Order.

DONE AND ORDERED this 26th day of April, 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 26th day of April, 2010.

COPIES FURNISHED :

(Via Certified Mail)

Matthew W. Sowell, Esquire

Matthew W. Sowell, P.A.

12058 San Jose Boulevard, Suite 503

Jacksonville, Florida 32223-8668

(Certified Mail No. 7005 3110 0002 0289 9380)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7005 3110 0002 0289 9366)

Memorial Hospital Jacksonville

3625 University Boulevard South

Jacksonville, Florida 32216

(Certified Mail No. 7005 3110 0002 0289 9342)

Joan M. Macksey, M.D.

3901 University Boulevard South

Suite 215

Jacksonville, Florida 32216

(Certified Mail No. 7005 3110 0002 0289 9335)

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. 7005 3110 0002 0289 9328)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7005 3110 0002 0289 9311)

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.