STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CHARLES BORDINE AND CANDACE

BORDINE, on behalf of and as parents and natural guardians of ALEXIS RACHELLA BORDINE,

deceased,

vs.

Petitioners,

Case No. 13-2998N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

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 of Claim Arising out of Florida Birth-Related Neurological Injury pursuant to Chapter 766, Florida Statutes (Stipulation and Joint Petition), filed with the Division of Administrative Hearings on January 23, 2014, for the 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 Charles Bordine and Candace Bordine are the parents and natural legal guardians of Alexis Rachella Bordine (Alexis), deceased; that Alexis was born a live infant on or about July 5, 2011, at Shands Hospital at the University of Florida in Gainesville, Florida, a “hospital” as defined by section 766.302(6); and that Alexis’ birth weight exceeded 2,500 grams. The parties have further agreed that Lorna I. Rodriguez, M.D., delivered obstetrical services at Alexis’ delivery and was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The parties have agreed that Alexis suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2) and that Alexis died on July 16, 2011.

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

ORDERED:

1. The Stipulation and Joint Petition filed January 23, 2014, is hereby approved, and the parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioners, Charles Bordine and Candace Bordine, as the parents and legal guardians of Alexis Rachella Bordine, deceased, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1, to be paid as a lump sum; payment of

   
   

   past benefits under section 766.31(1)(a) subject to the provisions of paragraph 20 of the Stipulation and Joint Petition; and a

   $10,000.00 death benefit.

   
   

3. Respondent will reimburse Steve Rothenburg, Esquire, attorney for Petitioners, an attorney's fee of $10,000.00 and expenses of $2,367.39, totaling $12,367.39.

4. Upon payment of the award of $100,000.00; past benefits/expenses; a death benefit of $10,000.00; and attorney’s fees and expenses, totaling $12,367.39, the claims of Petitioners shall be deemed fully satisfied and extinguished.

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 28th day of January, 2014, 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 28th day of January, 2014.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

Amie Rice, Investigation Manager Consumer Services Unit Department of Health

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

(Certified Mail No. 7013 1710 0000 1621 0950)

Elizabeth Dudek, Secretary Health Quality Assurance

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

Tallahassee, Florida 32308

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 clerk 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).

Docket for Case No: 13-002998N

Orders for Case No: 13-002998N