STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD A. GILBERT, as Guardian ) Ad Litem of MICHAEL McKAUGHAN, )

a minor, )

)

Petitioner, )

)

vs. ) Case No. 96-2317N

) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) DARLENE LACK; JAIMES McKAUGHAN; ) and AMERICAN POSTAL WORKERS UNION ) AFL-CIO HEALTH PLAN, )

)

Intervenors. )

)

FINAL ORDER

This cause came on to be heard pursuant to Section 766.304 and 766.305(6), Florida Statutes, upon the Settlement Agreement of the parties, filed October 3, 2000, 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 Section 766.301, et seq., Florida Statutes.

By the terms of their Settlement Agreement, the parties have agreed that Petitioner, Richard A. Gilbert, is the duly-appointed Guardian Ad Litem of Michael McKaughan (Michael), a minor; that

Intervenors, Jaimes McKaughan and Darlene Lack, are the parents and natural guardians of Michael; that Michael suffered a "birth- related neurological injury" as defined by Section 766.302(2), Florida Statutes; and that Michael otherwise qualifies for an award of benefits under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The parties' agreement that Michael qualifies for coverage under the Plan is consistent with the evidence heretofore received on December 7, 1999.

After due consideration of the interests of all parties, the parties' Settlement Agreement, and the evidence heretofore received, it is

ORDERED that:

1. The parties' Settlement Agreement, filed of record October 3, 2000, is approved, and the parties are directed to comply with the provisions thereof.

2. Consistent with the terms of the parties' Settlement Agreement, the claim for compensation filed on behalf of Michael McKaughan, a minor, and Respondent Florida Birth-Related Neurological Injury Compensation Association's (NICA's) acceptance of the claim for compensation is approved.

3. Consistent with the terms of the parties' Settlement Agreement, Intervenors, Jaimes McKaughan and Darlene Lack, as the parents and natural guardians of Michael McKaughan, a minor, are accorded a lump sum award of One hundred thousand dollars

   ($100,000.00). Of such award, the father, Jaimes McKaughan, shall receive Fifty thousand dollars ($50,000.00) in lump sum and the mother, Darlene Lack, shall receive Fifty thousand dollars ($50,000.00) in lump sum.

4. Consistent with the terms of the parties' Settlement Agreement, as well as the provisions of Section 766.31, Florida Statutes, NICA shall make immediate payment of expenses previously incurred and shall pay future expenses as incurred.

5. Consistent with the terms of the parties' Settlement Agreement, Petitioner is accorded an award of One hundred thousand dollars ($100,000.00), as reasonable expenses incurred in connection with the filing of the claim, including reasonable attorney's fees.

6. Pursuant to Section 766.12, Florida Statutes, jurisdiction is reserved to resolve any disputes, should they arise, regarding the parties' compliance with the terms of this Final Order.

DONE AND ORDERED this 11th day of October, 2000, in

Tallahassee, Leon County, Florida.

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 11th day of October, 2000.

COPIES FURNISHED:

(By certified mail)

W. Douglas Moody, Jr., Esquire Graham, Moody & Sox, P.A.

101 North Gadsden Street Tallahassee, Florida 32301

Richard A. Gilbert, Esquire David D. Dickey, Esquire

de la Parte, Gilbert & Bales, P.A. Post Office Box 2350

Tampa, Florida 33601-2350

Lynn Larson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 14567 Tallahassee, Florida 32317-4567

Darryl J. Anderson, Esquire O'Donnell, Schwartz & Anderson, P.C. 1300 L. Street, Northwest, Suite 1200

Washington, D.C. 20005

Charles E. Bergmann, Esquire 4830 West Kennedy Boulevard Suite 750

Tampa, Florida 33609

Peter J. Hobson, Esquire 606 East Madison Street Post Office Box 172117 Tampa, Florida 33672-2117

Dr. William L. Capps

3500 East Fletcher Avenue Suite 202

Tampa, Florida 33613-4711

Humana Women's Hospital Legal Department

3030 West Martin Luther King, Jr., Boulevard Tampa, Florida 33607

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308

Daniel Y. Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300

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 one copy of a Notice of Appeal with the Agency Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 120.68(2), 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: 96-002317N

Orders for Case No: 96-002317N