STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JESSICA ALLEY on behalf of and ) as parent and natural guardian ) of JERRY BOHANNON, JR., )

deceased, )

)

Petitioner, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

JOHN FERLITA, M.D., )

)

Intervenor. )

Case No. 11-1165N

)

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 for consideration, pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed May 19, 2011, 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.

By the terms of their Stipulation, the parties have agreed that Petitioner, Jessica Alley, is the parent and legal guardian of Jerry Bohannon, Jr. (Jerry), a deceased minor; that Jerry was born a live infant on April 13, 2010, at Pasco Regional Medical Center, a "hospital," as defined by section 766.302(6); and that Jerry's birth weight was 2,770 grams, exceeding the statutory 2,500 grams. The parties have further agreed that the physician delivering obstetrical services at Jerry's birth was

John Ferlita, 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). Finally, by their stipulation, the parties have agreed that Jerry suffered a "birth-related neurological injury," as that term is defined by section 766.302(2), and died on April 16, 2010.

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 May 19, 2011, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioner, Jessica Alley, as the parent and legal guardian of Jerry Bohannon, Jr., a deceased minor, is awarded One hundred thousand dollars ($100,000.00), pursuant to section

   
   

   766.31(1)(b)1., and a death benefit of Ten thousand dollars ($10,000.00), pursuant to section 766.31(1)(b)2., to be paid in lump sum.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars ($10,000.00), payment of past benefits under section 766.31(1)(a), and payment of reasonable attorney's fees and expenses as hereafter set out, the claims of Petitioner (claimant) shall be deemed fully satisfied and extinguished.

4. No provision is made under section 766.31(2), to pay future benefits/expenses, because the child, Jerry, is deceased.

5. Petitioner's and Respondent's stipulation for Respondent to pay Charles T. Moore, Esquire, attorney for Petitioner, Seven thousand three hundred twenty dollars ($7,320.00) and expenses of One thousand six hundred eighty dollars and thirty-nine cents ($1,680.39) totaling Nine thousand dollars and thirty-nine cents ($9,000.39) in full for services rendered, pursuant to section 766.31(1)(a), is hereby approved and shall be paid forthwith.

6. 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, including but not limited to past

expenses, should they arise, regarding the parties' compliance with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 27th day of May, 2011, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 27th day of May, 2011.

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. 7010 1670 0000 3097 1727)

Charles T. Moore, Esquire Morgan and Morgan, P.A. One Tampa City Center

201 North Franklin Street, 7th Floor Tampa, Florida 33602

(Certified Mail No. 7010 1670 0000 3097 1734)

Chandra L. Miller, Esquire

Thompson Goodis Thompson Groseclose Richardson Miller, P.A.

Post Office Box 90

St. Petersburg, Florida 33731

(Certified Mail No. 7010 1670 0000 3097 1741)

Pasco Regional Medical Center 13100 Fort King Road

Dade City, Florida 33525

(Certified Mail No. 7010 1670 0000 3097 1758)

Amy Rice, Acting Investigation Manager Consumer Services Unit

Department of Health

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

(Certified Mail No. 7010 1670 0000 3097 1765)

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3097 1772)

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 § 766.311, Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n 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: 11-001165N

Orders for Case No: 11-001165N