03-002861N Olivia Martin Rayburn, On Behalf Of And As Parent And Natural Guardian Of James David Martin, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, December 26, 2003.

Summary: Final Order entered approving the Florida Birth-Related Neurological Injury Compensation Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

OLIVIA MARTIN RAYBURN, on )

behalf of and as parent and )

natural guardian of JAMES DAVID )

MARTIN, a deceased minor, )

)

Petitioner, )

)

vs. ) Case No. 03 - 2861N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATI ON, )

)

Respondent, )

)

and )

)

CATHERINE J. MCINTYRE, M.D. and )

MEMORIAL HOSPITAL JACKSONVILLE, )

)

Intervenors. )

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PE TITION FOR

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

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

This cause came on to be heard pursuant to Sections 766.304

and 766.305(6), Florida Statutes, 1 upon the Amended Stipulatio n

and J oint P etition of the Petitioner and Respondent, filed

December 19, 2003, 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,

and the letters for Intervenor Catherine J. McIntyre, M.D., and

Intervenor Memorial Hospital Jacksonville, filed December 19,

2003, and December 23, 2003, respectively, announcing they have

no objection to the approval of Petitioner's and Respondent's

stipulation.

By the terms of the Amended Stipulation, Petitioner and

Respondent have agreed that Petitioner, Olivia Martin Rayburn, i s

the mother and natural guardian of James David Martin (James), a

deceased minor; that James was born a live infant on March 6,

2002, at Memorial Hospital Jacksonville, a hospital located in

Jacksonville, Florida; and that his birth weight was in excess o f

2,500 grams. The parties have further agreed that the physician

delivering obstetrical services during the birth of James was

Catherine J. McIntyre, M.D., who, at all times material hereto,

was a participating physician in the Florida Birth - Related

Neur ological Injury Compensation Plan, as defined by Section

766.302(7), Florida Statutes. Finally, the parties have agreed

that James suffered a "birth - related neurological injury," as

that term is defined by Section 766.302(2), Florida Statutes.

After due c onsideration of the interests of all parties, and

being otherwise fully advised in the premises, it is

ORDERED that:

1. The Amended Stipulation, filed December 19, 2003, is

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

provisions there of.

2. Olivia Martin Rayburn, as the mother of James David

Martin, a deceased minor, is accorded a lump sum award of One

hundred thousand dollars ($100,000.00).

3. Upon payment of the lump sum award of One hundred

thousand dollars ($100,000.00) to the m other (claimant), a death

benefit of Ten thousand dollars ($10,000.00), funeral and burial

expenses of One thousand three hundred eighty dollars and seventy

cents ($1,380.70), and attorney's fees and other expenses of

Twelve thousand sixty dollars and fort y - four cents ($12,060.44)

incurred in pursuing the subject claim, the claims of Petitioner

(claimant) shall be deemed fully satisfied and extinguished.

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 26th day of December, 2003, 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) 48 8 - 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 26th day of December, 2003.

ENDNOTE

1/ All citations are to Florida Statutes (200 3) unless otherwise

indicated.

COPIES FURNISHED :

(via certified mail)

Mark L. Rosenberg, Esquire

Usdin & Rosenberg

1920 San Marco Boulevard

Jacksonville, Florida 32207

M. Mark Bajalia, Esquire

Volpe, Bajalia, Wickes & Rogerson

1301 Riverplace Boulevar d, Suite 1700

Jacksonville, Florida 32207

Kenney Shipley, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32308

Mary Bland Love, Esq uire

Gobelman, Love, Gavin, Blazs & Mathis

815 South Main Street, Suite 300

Jacksonville, Florida 32207

Jeptha F. Barbour, Esquire

Marks Gray, P.A.

1200 Riverplace Boulevard, Suite 800

Post Office Box 447

Jacksonville, Florida 32201

Catherine J. McInty re, M.D.

655 West Eighth Street

Jacksonville, Florida 32209

Memorial Hospital Jacksonville

3625 University Boulevard, South

Jacksonville, Florida 32216

Ms. Charlene Willoughby

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 3 2399 - 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 Appell ate 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 Ap peal. 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 reviewe d.