MCRAE, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF AUBREEANA MCRAE, A MINOR,
Petitioners,
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,
Respondent,
and
JEAN COOK, M.D.,
Intervenor.
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) Case No. 07-1302N
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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 Sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed September 4, 2007, 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, T. Bradley McRae and Jennifer McRae, are the parents and legal guardians of Aubreeana McRae (Aubreeana), a minor; that Aubreeana was born a live infant on March 28, 2002, at North Florida Regional Medical Center, a hospital located in Gainesville, Florida; and that Aubreeana's birth weight exceeded 2,500 grams. The parties have further agreed that the physician delivering obstetrical services at Aubreeana's birth was
Jean Cook, 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 Aubreeana 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, it is
ORDERED that:
The Stipulation and Joint Petition of the parties, filed September 4, 2007, is hereby approved, and the parties are directed to comply with the provisions thereof.
Petitioners, T. Bradley McRae and Jennifer R. McRae, as the parents of Aubreeana McRae, a minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section
766.31(1)(b), Florida Statutes, to be used for purposes consistent with the terms of the parties' stipulation.
Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses of Ten thousand five hundred dollars ($10,500.00), and past expenses, 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(2), Florida Statutes, to pay future expenses as incurred.
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 and this order.
