10-000970N Cassandra Lebreaux, On Behalf Of And As Parent And Natural Guardian Of Jordan Horner, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, December 10, 2010.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CASSANDRA LEBREUX, on behalf of )

and as parent and natural )

guardian of JORDAN HORNER, a )

minor , )

)

Petitioners , )

)

vs. ) Case No. 10 - 0970N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

ST. PETERSBURG GENERAL )

HOSPITAL; JEFFREY CARLSON, )

M.D.; MEGAN TIRONE, M.D.; AND )

OB/GYN ASSOCIATES, P.A., )

)

Intervenor s . )

)

FINAL ORDER A PPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

This cause came on for consideration pursuant to Sections

766.304 and 766.305(7), Florid a Statutes, upon the Stipulation

and J oint P etition of the parties, filed November 19, 2010 , 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 Cassandra LeBreux is the mother and legal guardian of

Jordan Horner (Jordan ), a minor; that Jordan was born a live

infant on or about February 6, 2008, at St. Petersburg General

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

Statutes, located in St. Petersburg, Florida; and that Jordan's

bi rth weight exceeded 2,500 grams. The parties have further

agreed that Jeffrey Carlson, M.D. , and Megan Tirone, M.D. ,

delivered obstetrical services at Jordan's birth, and at all

times material hereto, w ere "participating physician s " in the

Florida Birth - R elated Neurological Injury Compensation Plan, as

defined by Section 766.302(7), Florida Statutes. Finally, by

their stipulation, the parties have agreed that Jordan 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, including but

not limited to the fact that Petitioner has, at all times, been

represented by legal counsel, it is

ORDERED th at:

1. The Stipulation and Joint Petition, filed November 19 ,

2010, is hereby approved, and the parties are directed to comply

with the provisions thereof.

2. Petitioner, Cassandra LeBreux , as the mother and legal

guardian of Jordan Horner , a minor, is awarded One hundred

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

766.31(1)(b)1., Florida Statutes, to be paid in lump sum.

3. Morgan & Morgan, P.A., attorneys for P etitioner, is

awarded an agreed attorney's fee of Ten thousand dollars

($10,000.00) and agreed expenses /costs of One thousand t wo

hundred fifty - one dollars and ninety - five cents ($1, 251.95 ),

totaling Eleven thousand t wo hundred f ifty - one dollars and

ninety - five cents ($11, 251.95 ), as payment in full, for services

rendered in the filing of this claim.

4. Upon payment of the award of One hundred thousand

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

past benefits/ expenses, the claims of Petitioner ( C laimant)

shall be deemed fully satisfied and extinguished, except for the

i ssues reserved in the parties' Stipulation and Joint Petition

filed November 19 , 2010, including Respondent's continuing

obligation under Section 766.31(2), Florida Statutes, to pay

future expenses as incurred.

5. With regard to the issues reserved in th e parties'

Stipulation, including but not limited to any dispute regarding

past benefits/expenses, a hearing will be scheduled by a

separate notice of hearing to address those issues. As for the

date of hearing, the parties shall, on or before March 30, 2 011 ,

advise the undersigned Administrative Law Judge, with

specificity, of the matters remaining in dispute, of

several mutually agreeable dates for hearing, and of the time

required for such hearing.

6. The Division of Administrative Hearings retains

ju risdiction over this matter to resolve any disputes, should

they arise, regarding the parties' compliance with the terms of

this Order.

DONE AND ORDERED this 10th day of December , 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

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Divi sion of Administrative Hearings

this 10th day of December , 2010 .

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. 7010 1670 0000 3105 9516)

Scott Borders, Esquire

Morgan and Morgan, P.A.

One Tampa Center

201 North Franklin Street, 7th Floor

Tampa, Florida 33602

(Certified Mail No. 7010 1670 0000 3105 9523)

Randy J. Ogden, Esquire

Ogden & Sullivan, P.A.

113 South Armenia Avenue

Tampa, Florida 33609

(Certified Mail No. 7010 1670 0000 3105 9530)

Troy J. Crotts, Esquire

Bush Ross, P.A.

Post Office Box 3913

Tampa, Florida 33601 - 3913

(Certified Mail No. 7010 1670 0000 3105 9547)

Robe rt J. Grace, Jr., Esquire

Stiles, Taylor & Grace, P.A.

Post Office Box 460

Tampa, Florida 33601

(Certified Mail No. 7010 1670 0000 3105 9554)

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. 7010 1670 0000 3105 9561)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail N o. 7010 1670 0000 3105 9578)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this F inal O rder is

entitled to judicial review pursuant to Sections 120.68 and

766.311, Florida Statutes. Review proceedings are governed by

the Flori da 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 Di strict 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 o rder to be reviewed.