STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DOUGLASS and SUSANNE BOMEISLER, )

as parents and natural guardians of ) CLAIRE ELIZABETH BOMEISLER, a )

deceased minor, )

)

Petitioners, )

)

vs. ) Case No. 00-3854N

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

)

Respondent. )

)

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 Section 766.304, Florida Statutes, upon the stipulation and joint petition of the parties, filed October 31, 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 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, Douglas and Susanne Bomeisler, are the parents and natural guardians of Claire Elizabeth Bomeisler (Claire), a deceased minor, as well as the Co-Personal Representatives of the

Estate of Claire Elizabeth Bomeisler. The parties have further agreed that Claire was born a live infant on July 10, 1999, at Columbia Medical Center of Port St. Lucie, a hospital located in St. Lucie County, Florida, and that her birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Claire was Neil Boland, M.D., who was, at all times material hereto, 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 Claire 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:

1. The stipulation of the parties, filed of record October 31, 2000, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. The Petitioners, Douglas and Susanne Bomeisler, as the parents and natural guardians of Claire Elizabeth Bomeisler, a deceased minor, are accorded a lump sum award of One hundred thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the parents (claimants), attorney's fees and other expenses of Eight thousand five hundred dollars ($8,500.00) incurred in pursuing the subject claim, and payment of past expenses, the claims of the Petitioners (claimants) shall be deemed fully satisfied and extinguished.

4. 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.

DONE AND ORDERED this 6th day of November, 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 6th day of November, 2000.

COPIES FURNISHED:

(By certified mail)

Lynn Larson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101

Tallahassee, Florida 32312

William R. Ponsoldt, Jr., Esquire Warner, Fox, Wackeen, Dungey, Seeley,

Sweet, Wright & Beard, L.L.P.

1100 South Federal Highway Post Office Drawer 6 Stuart, Florida 34995-0006

Dr. Neil Boland

3498 Southeast Federal Highway Stuart, Florida 34997

Columbia Medical Center of Port St. Lucie 1800 Southeast Tiffany Avenue

Port St. Lucie, Florida 34952

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: 00-003854N

Orders for Case No: 00-003854N