01-002411N John Romine And Rebecca Romine, On Behalf Of And As Parents And Natural Guardians Of Loren Romine, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, July 8, 2004.

Summary: Final Order approving Respondent`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHN ROMINE AND REBECCA ROMINE, )

on behalf of and as parents and )

natural guardians of LOREN )

ROMINE, a minor, )

)

Petitioners, )

)

vs. ) Case No. 01 - 2411N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OUT OF FLO RIDA BIRTH - RELATED

NEUROLOGICAL INJURY PURSUANT T O CHAPTER 766, FLORI DA STATUTES

This cause came on to be heard pursuant to Sections 766.304

and 766.305(6), Florida Statutes, 1 upon the stipulation and joint

petition of the parties, filed July 2, 2004, for the entry of an

order approving the resolution o f 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,

inter alia , that Petitioners (Claimants), John Romine and

Rebecca Romine, as the parents of Loren Romine, a minor, receive

from Respondent a lump sum payment of One hundred thousand

dollars ($100,000.00) , as authorized by Section 766.31(1)(b)1,

Florida Statutes; that Claimants receive from Respondent a lump

sum payment of Four hundred fifteen thousand four hundred

ninety - five dollars and ninety - one cents ($415,495.91), for

medical expenses (custodial care , nursing expenses, medical

equipment and supplies, prescriptions, specialty foods, therapy

expenses, and travel and vehicle expenses) incurred from

January 26, 1998, through December 31, 2003, as authorized by

Section 766.31(1)(a), Florida Statutes; and t hat Respondent pay

McMillen, Reinhart & Voght, P.A., attorneys for Claimants, an

agreed - upon attorneys' fee of Thirty - five thousand six hundred

eighty dollars ($35,680.00), and costs of Seven thousand fifty -

two dollars and thirty - four cents ($7,052.34), as reasonable

expenses incurred in connection with the filing of the claim,

including all appellate fees and costs, as authorized by Section

766.31(1)(c), Florida Statutes.

After due consideration of the interests of all parties,

and being otherwise fully ad vised in the premises, it is

ORDERED that:

1. The stipulation of the parties, filed July 2, 2004, is

hereby approved, and the parties are directed to comply with the

terms thereof.

2. Petitioners, John Romine and Rebecca Romine, as the

parents of Loren Romine, a minor, are awarded One hundred

thousand dollars ($100,000.00), pursuant to Sections

766.31(1)(b)1, Florida Statutes, to be paid in lump sum.

3. Petitioners, John Romine and Rebecca Romine, as the

parents of Loren Romine, a minor, are awarded Fou r hundred

fifteen thousand four hundred ninety - five dollars and ninety - one

cents ($415,495.91), pursuant to Sections 766.31(1)(a), Florida

Statutes, for expenses incurred through December 31, 2003, to be

paid in lump sum.

4. Respondent shall pay McMillen, Reinhart & Voght, P.A.,

attorneys for Claimants, an attorneys' fee of Thirty - five

thousand six hundred eighty dollars ($35,680.00) and costs of

Seven thousand fifty - two dollars and thirty - four cents

($7,052.34), as reasonable expenses incurred in connecti on with

the filing of the claim, including all appellate fees and costs,

pursuant to Section 766.31(1)(c), Florida Statutes.

5. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the Petitioners; payment of the award

of Four hundre d fifteen thousand four hundred ninety - five

dollars and ninety - one cents ($415,495.91), to the Petitioners

for expenses incurred through December 31, 2003; and payment of

the award of Forty - two thousand seven hundred thirty - two dollars

and thirty - four cent s ($42,732.34) for attorneys' fees and costs

incurred in connection with the filing of the claim, including

all appellate fees and costs, the claims of Petitioners shall be

deemed fully satisfied and extinguished, except for Respondent's

continuing obligat ion under the provisions of Section 766.31,

Florida Statutes, to pay future expenses (those incurred after

December 31, 2003), as incurred.

6. The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any dispute as to the

i nterpretation 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 8th day of July , 2004, in

Tallahassee, Leon County, Flor ida.

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 8th day of July, 2004.

ENDNOTE

1/ All citations are to Florida Statutes (2004) unless

otherwise indicated.

COPIES FURNISHED :

(via Certified Mail)

Scott McMillen, Esquire

McMillen, Reinhart & Voght, P.A.

111 North Orange Avenue, Suite 1450

Orlando, Florida 32801

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Flori da 32308

Donald H. Whittemore, Esquire

Phelps Dunbar, LLP

100 South Ashley Drive, Suite 1900

Tampa, Florida 33602

Samir Shakfeh, M.D.

Hernando Medical Center

11373 Cortez Boulevard, Suite 408

Brooksville, Florida 34613

Columbia Regional Medical Cente r - Oak Hill

11375 Cortez Boulevard

Brooksville, Florida 34613

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 fi nal 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 w ith 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

C ompensation 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.