STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

STARLENA C. PIKE, on behalf of ) and as the parent and natural ) guardian of BILLY RAY BULLOCK, ) a minor, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

Case No. 03-1257N

)

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,1 upon the stipulation and joint petition of the parties, filed January 13, 2004, 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, Starlena C. Pike, is the parent and natural guardian of Billy Ray Bullock (Billy), a minor; that Billy was

born a live infant on January 22, 2001, at Shands Jacksonville Medical Center, a hospital located in Duval County, 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 Billy was Rachel McCarthy, M.D., who, at all times material hereto, was 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 Billy 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 January 13, 2004, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Starlena C. Pike, as the parent of

   
   

   Billy Ray Bullock, 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 used for purposes consistent 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), attorney's fees

   and other expenses of Six thousand three hundred eighty-one dollars and thirty-one cents ($6,381.31), and 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, 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 14th day of January, 2004, in Tallahassee, Leon County, Florida.

S

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 14th day of January, 2004.

ENDNOTE

1/ All citations are to Florida Statutes (2000) unless otherwise indicated.

COPIES FURNISHED:

(via certified mail)

Gretchen Van Liere, Esquire

Spohrer, Wilner, Maxwell & Matthews, P.A. 701 West Adams Street, Suite 2

Jacksonville, Florida 32204

Kenney Shipley, Executive Director Florida Birth-Related Neurological

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

Ms. Charlene Willoughby Department of Health

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

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 the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, 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: 03-001257N

Orders for Case No: 03-001257N