STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SARAH BURKE, on behalf of and as parent of MATTHEW WILLIAM BURKE,

a deceased minor, Petitioner,

vs.

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

Case No. 17-4994N

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 the 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 16, 2018, 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, Petitioner, Sarah Burke, as parent and natural guardian of Matthew William Burke

(Matthew), deceased, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Sarah Burke is the parent and legal guardian of Matthew; that Matthew was born a live infant on or about June 29, 2014, at Florida Hospital North Pinellas, a “hospital” as defined by section 766.302(6), located in Tarpon Springs, Florida; and that Matthew’s birth weight exceeded 2,500 grams. The Parties have further agreed that Thomas Umstead, M.D., provided obstetrical services at Matthew’s 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 Matthew suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of his injury and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on January 16, 2018, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Sarah Burke, as the parent and legal guardian of Matthew William Burke is awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum; and payment of the $10,000.00 death benefit pursuant to section 766.31(1)(b)1. and past benefits

of $10,650.00. Payment of past benefits pursuant to section 766.31(1)(a), shall be subject to the provisions of paragraph 20 of the Stipulation and Joint Petition

1. Upon the payment of the award of $100,000.00, the death benefit of $10,000.00, and past benefit/expenses of $10,650.00, the claims of Petitioner shall be deemed fully satisfied and extinguished.

2. 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 22nd day of February, 2018, in Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS 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 22nd day of February, 2018.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association Suite 1

2360 Christopher Place

Tallahassee, Florida 32308 (eServed)

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

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: 17-004994N

Orders for Case No: 17-004994N