11-006506N Bryan And Yamilette Edwards vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Wednesday, March 21, 2012.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BRYAN AND YAMILETTE EDWARDS , )

)

Petitioners , )

)

vs. ) Case No. 11 - 6506N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

EMIL ABDALLA, D.O., ALL WOMEN'S )

HEALTHCARE OF SOUTH BROWARD, )

INC., AND MEMORIAL HEALTHCARE )

SYSTEMS, d/b/a MEMORIAL )

HOSPITAL WEST, )

)

Intervenor s . )

)

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon Petitioners' and

Respondent's Stipulation and Joint Petition for Compensation

Arising Out of Florida Birth - Related Neurological Injury

Pursuant to Chap ter 766, Florida Statutes (Stipulation and Joint

Petition), filed with the Division of Administrative Hearings on

March 19, 2012, for entry of an order approving the resolution

of a claim for compensation benefits filed in accordance with

the provisions of chapter 766 and a resolution of the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, the parties have agreed

that Petitioners, Bryan Edwards and Yamilette Edwards, are the

parents and legal guardians of B ryanna Samone Edwards (Bryanna),

a deceased minor; that Bryanna was born on November 18, 2009, in

Pembroke Pines, Florida, at Memorial Hospital West, a "hospital"

as defined in section 766.302(6); and that Bryanna's birth

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

that Lawrence Stempel, M.D., delivered obstetrical services at

Bryanna's delivery and was a "participating physician" in the

Florida Birth - Related Neurological Injury Compensation Plan, as

defined by section 766.302(7). The par ties have agreed that

Bryanna suffered a "birth - related neurological injury," as that

term is defined by section 766.302(2), and died on November 18,

2009. By telephonic conference call held on March 20, 2012,

Petitioners and Respondent have orally stipul ated that Bryanna's

birth was a live birth.

After due consideration of the interests of all parties and

being otherwise fully advised in the premises, it is

ORDERED:

1. The Stipulation and Joint Petition filed on March 19,

2012, is hereby approved, and th e parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioners Bryan Edwards and Yamilette Edwards, as the

parents and legal guardians of B r yanna S amone Edwards, a

deceased minor, are awarded $100,000.00, pursua nt to section

766.31(1)(b)1. and a death benefit of $10,000.00, pursuant to

section 766.31(1)(b)2., to be paid in lump sum.

3. Petitioners are awarded payment of past benefits

pursuant to section 766.31(1)(a), subject to the provisions of

paragraph 20 of the Joint Stipulation and Petition.

4. No provision is made under section 766.31(2) to pay

future benefits/expenses because Bryanna is deceased.

5. Respondent, Florida Birth - Related Neurological Injury

Compensation Association, will reimburse Andrew Need le, 1/

Esquire, attorney for Petitioners, an attorney 's fee of

$10,000.00 and expenses of $500.00, totaling $10,500.00 for

services rendered in the filing of this claim.

6. Upon payment of the award to Petitioners of

$100,000.00, a death benefit of $10,00 0.00, and past benefits

under section 766.31(1)(a) and payment of $10,500.00 to

Andrew Needle, Esquire, for attorney's fees and costs, the

claims of Petitioners shall be deemed fully satisfied and

extinguished.

7. The Division of Administrative Hearings r etains

jurisdiction over this matter to resolve any disputes, should

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

this Order.

DONE AND ORDERED this 21st day of March , 2012 , in

Tallahassee, Leon County, Florida.

S

SUSAN BELYEU KIRKLAND

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

Division of Administrative Hearings

this 21st day of March , 2012 .

ENDNOTE

1/ The Stipulation and Petition identified Petitioners' attorney

as Andrew Needleman. This is a scrivener's error, and this

Order correctly identifies Petitioners' attorney of record as

Andrew Needle.

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. 7011 1570 0001 1540 5345)

Andrew Needle, Esquire

Needle, Gallagher and Ellenberg, P.A.

1401 Brickell Avenue, Suite 900

Miami, Florida 33131

(Certified Mail No. 7011 1570 0001 1540 5352)

Marc J. Schleier, Esquire

Fowler, White, Burnett, P.A.

Espirit o Santo Plaza, 14th Floor

1395 Brickell Avenue

Miami, Florida 33131 - 3302

(Certified Mail No. 7011 1570 0001 1540 5369)

David W. Black, Esquire

Frank, Weinberg and Black, P.L.

7805 Southwest 6th Court

Plantation, Florida 33324

(Certified Mail No. 7011 1 570 0001 1540 5376)

William V. Carcioppolo, Esquire

Heath and Carcioppolo

888 Southeast 3rd Avenue, Suite 202

Fort Lauderdale, Florida 33316

(Certified Mail No. 7011 1570 0001 1540 5383)

Amie Rice, Investigation Manager

Consumer Services Unit

Departmen t of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7011 1570 0001 1540 5390)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee , Florida 32308

(Certified Mail No. 7011 1570 0001 1540 5406)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appeal to the District Court of Appeal pursuant to section

766.311(1), Florida Statutes. Review proceedings are governed

by the Florida Rules of Appellate Procedure. Such proceedings

are commenced by filing the original notice of administrative

appeal with the agency clerk of the Division of Administrative

Hearings within 30 days of rendition of the order to be

reviewed, and a copy, accompanied by filing fees prescribed by

law, with the cl erk of the appropriate District Court of Appeal.

See § 766.311(1), Fla. Stat., and Fla. Birth - Related

Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

(Fla. 1st DCA 1992).