STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

THOMAS SIKES AND DENISE SIKES, )

as parents and natural ) guardians of PHOEBE SIKES, a ) minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 02-4755N

)

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 Section 766.304,1 upon the stipulation and joint petition of the parties, filed November 13, 2003, 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, Thomas Sikes and Denise Sikes, are the parents and natural guardians of Phoebe Sikes (Phoebe), a minor; that

Phoebe was born a live infant on January 24, 2001, at St. Luke's Hospital, a hospital located in Jacksonville, Florida; and that her birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Phoebe was Paul Rebenack, 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). Finally, by their stipulation, the parties have agreed that Phoebe suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2).

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:

1. The stipulation of the parties, filed November 13, 2003, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Thomas Sikes and Denise Sikes, as the parents of Phoebe Sikes, a minor, are accorded a lump sum award of One hundred thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the parents (claimants), payment of past expenses, including reimbursement for attendant care provided by Thomas Sikes from the time of Phoebe's birth at

   the rate of $9.70 per hour for seventy (70) hours per week, and payment of attorney's fees and other expenses of Four thousand five hundred forty-five dollars ($4,545.00) incurred in pursuing the subject claim, the claims of Petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's continuing obligation under the provisions of Section 766.31, to pay future expenses as incurred.

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 to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 17th day of November, 2003, in Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 17th day of November, 2003.

ENDNOTE

1/ All citations are to Florida Statutes (2002) unless otherwise indicated.

COPIES FURNISHED:

(via certified mail)

Lawrence J. Najem, Esquire

Ossi, Butler, Najem & Rosario, P.A. 1506 Prudential Drive

Jacksonville, Florida 32207

M. Mark Bajalia, Esquire

Volpe, Bajalia, Wickes & Rogerson 1301 Riverplace Boulevard, Suite 1700

Jacksonville, Florida 32207

Kenney Shipley, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101 Post Office Box 14567

Tallahassee, Florida 32308

Paul Rebenack, M.D.

Joe Adam Building, Suite 2080 4205 Belfort Road

Jacksonville, Florida 32216

Marie L. DeRuyter, M.D. 4201 Belfort Road

Jacksonville, Florida 32216

St. Luke's Hospital 4201 Belfort Road

Jacksonville, Florida 32216

Ms. Charlene Willoughby Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

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.

Docket for Case No: 02-004755N

Orders for Case No: 02-004755N