STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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 Sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed June 16, 2008, 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 Richard A. Culmer and Marcy M. Culmer are the parents and legal guardians of Celia Culmer (Celia), a minor; that Celia was born a live infant on October 11, 2005, at Orlando Regional Healthcare System, d/b/a South Seminole Hospital, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Seminole County, Florida; and that Celia's birth weight exceeded 2,500 grams. The parties have further agreed that Peter C. Perry, M.D., and Robert J. Bowles, M.D., delivered obstetrical services at Celia's birth, and at all times material hereto, were "participating physician[s]" 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 Celia 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 and Joint Petition of the parties, filed June 16, 2008, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Richard A. Culmer and Marcy M. Culmer, as the parents and legal guardians of Celia Culmer, a minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, to be paid in lump

   sum.

   
   

3. Upon payment of the award of One hundred thousand

   
   

   dollars ($100,000.00), attorney's fees and other expenses of Ten thousand six hundred sixty-seven dollars and nineteen cents ($10,667.19), and past expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under Section 766.31(2), Florida Statutes, to pay future expenses as incurred.

4. 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 Final Order.

DONE AND ORDERED this 17th day of June, 2008, 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 17th day of June, 2008.

COPIES FURNISHED:

(Via Certified Mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association 2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7005 1820 0002 9840 9094)

Richards H. Ford, Esquire

Wicker, Smith, O'Hara, McCoy & Ford, P.A. Post Office Box 2753

Orlando, Florida 32802-2753

(Certified Mail No. 7005 1820 0002 9840 9100)

Mary Jaye Hall, Esquire McEwan, Martinez & Dukes, P.A.

108 East Central Boulevard Post Office Box 753

Orlando, Florida 32802-0753

(Certified Mail No. 7005 1820 0002 9840 9117)

Michael Keith Wilson, Esquire Broad and Cassel

390 North Orange Avenue, Suite 1400 Orlando, Florida 32801-1641

(Certified Mail No. 7005 1820 0002 9840 9124)

Scott McMillen, Esquire McMillen Law Firm

390 North Orange Avenue, Suite 140 Orlando, Florida 32801

(Certified Mail No. 7005 1820 0002 9840 9131)

Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health

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

(Certified Mail No. 7005 1820 0002 9840 9193)

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: 07-004484N

Orders for Case No: 07-004484N