STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RHONDA BYNUM AND RICHARD WALTER )

GORDON, SR., individually and ) as parents of KARMA BYNUM, a ) minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 10-2384N

)

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 February 8, 2011, 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 Rhonda Bynum and Richard Walter Gordon, Sr., are the parents and legal guardians of Karma Bynum (Karma), a minor;

that Karma was born a live infant on or about January 10, 2009, at Memorial Hospital Jacksonville, a "hospital" as defined by section 766.302(6), located in Jacksonville, Florida; and that Karma's birth weight exceeded 2,500 grams. The parties have further agreed that Joan Macksey, M.D., delivered obstetrical services at Karma's birth, and 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 Karma 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 and Joint Petition, filed February 8, 2011, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Rhonda Bynum and Richard Walter Gordon, Sr., as the parents and legal guardians of Karma Bynum, a minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid in lump sum.

   
   

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), attorney's fees and other expenses, and past benefits/expenses as addressed in paragraphs 12(b) and 19 of the Stipulation and Joint Petition, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under section 766.31(2), to pay future expenses as incurred.

4. With regard to the issues reserved in paragraph 12 of the parties' Stipulation, and with regard to any dispute regarding past benefits/expenses and attorney's fees and other expenses of the claim, a hearing will be scheduled by a separate notice of hearing to address those issues. As for the date of hearing, the parties shall, within 45 days of the date of this Order, 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.

5. The Division of Administrative Hearings retains 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 16th day of February, 2011, 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 Division of Administrative Hearings this 16th day of February, 2011.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Memorial Hospital Jacksonville 3625 University Boulevard, South Jacksonville, Florida 32216

(Certified Mail No. 7010 1670 0000 3097 0508)

Joan M. Macksey, M.D.

New Horizons Medical Group, P.A.

3901 University Boulevard South, Suite 215

Jacksonville, Florida 32216

(Certified Mail No. 7010 1670 0000 3097 0515)

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 3097 0522)

Elizabeth Dudek, Deputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3097 0539)

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: 10-002384N

Orders for Case No: 10-002384N