STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER WHITTINGTON-BOOKHOUT AND DANIEL BOOKHOUT,

individually and as parents and next friends of ARWEN BOOKHOUT, a minor,

vs.

Petitioners,

Case No. 16-2434N

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,

Respondent.

/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint Petition), filed with the Division of Administrative Hearings on July 25, 2016, as amended by an Addendum to Stipulation and Joint Petition, filed on August 9, 2016, for the entry of an order approving the resolution of a claim for compensation benefits filed in accordance with the provisions of chapter 766 and a resolution of the exclusive remedy otherwise available as outlined in

chapter 766.

By the terms of their stipulation, Petitioners, Jennifer Whittington-Bookhout and Daniel Bookhout, as parents and natural guardians of Arwen Bookhout, a minor, and Respondent, the Florida Birth-Related Neurological Injury Compensation Association (NICA), have agreed that Jennifer Whittington-Bookhout and Daniel Bookhout, are the parents and legal guardian of Arwen Bookhout (Arwen), a minor; that Arwen was born a live infant on or about July 11, 2015, at Flagler Hospital, a “hospital” as defined by section 766.302(6) located in St. Augustine, Florida; and that Arwen’s birth weight exceeded 2,500 grams. The Parties have further agreed that Reda Alami, M.D., provided obstetrical services at Arwen’s delivery and was a “participating physician” in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by section 766.302(7). The Parties have agreed that Arwen suffered a “birth-related neurological injury,” as that term is defined by section 766.302(2), which was the sole and proximate cause of Arwen's permanent and substantial mental and physical impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on July 25, 2016, as amended by the Addendum to Stipulation and Joint Petition, filed on August 9, 2016, is hereby approved, and the Parties are directed to comply with the provisions of the Stipulation and Joint Petition.

   
   

2. Petitioners, Jennifer Whittington-Bookhout and Daniel Bookhout, as the parents and legal guardians of

   Arwen Bookhout, a minor, are awarded one hundred thousand dollars ($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to the parents; payment of benefits up to and including the effective date of the Stipulation and Joint Petition pursuant to section 766.31(1)(a), subject to the provisions of paragraph 19 of the Stipulation and Joint Petition; and payments of future expenses, as incurred.

3. NICA will reimburse McMillen Law Firm, A Professional Association, attorneys for Petitioners, an agreed-upon attorney’s fee of $10,000.00 and expenses of $432.25, totaling $10,432.25 in full for services rendered in the filing of this claim.

4. Upon the payment of the award of $100,000.00, past benefit/expenses, and $10,432.25 for attorney’s fees and costs, the claims of Petitioners shall be deemed fully satisfied and extinguished, except for Respondent's continuing obligation under section 766.31(2) to pay future expenses, as incurred.

5. 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 Order.

DONE AND ORDERED this 10th day of August, 2016, in Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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 10th day of August, 2016.

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

Elizabeth Dudek, Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308 (eServed)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See

§ 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).

Docket for Case No: 16-002434N

Orders for Case No: 16-002434N