STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

VIRGINIA THOMAS, as parent and ) natural guardian of ELIJAH ) THOMAS, a minor, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 02-3278N

)

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 22, 2002, 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 Petitioner, Virginia Thomas, is the parent and natural guardian of Elijah Thomas (Elijah), a minor; that Elijah was born a live infant on September 26, 1997, at North Florida Regional

Medical Center, a hospital located in Gainesville, Florida; and that his birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Elijah was Rogers Leroy Bartley, Jr., 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 Elijah 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 22, 2002, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Virginia Thomas, as the mother and natural guardian of Elijah Thomas, a minor, is accorded an award of One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be disbursed in accordance with the terms of the parties' Stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parent (claimant) and payment of past expenses, the claims of Petitioner (claimant) shall be

   deemed fully satisfied and extinguished, except to the extent of Respondent's continuing obligation under the provisions of Section 766.31, Florida Statutes, to pay future expenses as incurred.

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 24th day of October, 2002, 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 24th day of October, 2002.

COPIES FURNISHED:

(via Certified Mail)

Virginia Thomas Post Office Box 1493

Hawthorne, Florida 32640

Kenney Shipley, Acting Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101 Post Office Box 14567

Tallahassee, Florida 32312

Rogers Leroy Bartley, Jr., M.D. 5440 West Newberry Road, Suite 508

Gainesville, Florida 32607-2148

North Florida Regional Medical Center 6500 West Newberry Road

Gainesville, Florida 32605-4309

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308

Mark Casteel, 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: 02-003278N

Orders for Case No: 02-003278N