07-004484N Richard A. Culmer And Marcy M. Culmer, Individually And As Parents, Natural Guardians, And Next Friends For Celia Culmer, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, June 17, 2008.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD A. CULMER AND MARCY M. )

CULMER, INDIVIDUALLY AND AS )

PARENTS, NATURAL GUARDIANS, AND )

NEXT FRIENDS FOR CELIA CULMER, )

A MINOR, )

)

Petitioners, )

)

vs. ) Case No. 07-4484N

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

)

ORLANDO REGIONAL HEALTHCARE )

SYSTEM, d/b/a SOUTH SEMINOLE )

HOSPITAL; PETER C. PERRY, M.D.; )

ROBERT J. BOWLES, M.D.; and )

PHYSICIAN ASSOCIATES, LLC, )

)

Intervenors. )

)

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

[phone] SUNCOM 278-9675

Fax Filing [phone]

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.