09-004066N Tricia Roth And Brent Roth, As Parents And Natural Guardians Of Their Minor Child, Bronson Roth, And Individually vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, February 8, 2010.

Summary: Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

TRICIA ROTH AND BRENT ROTH, AS )

PARENTS AND NATURAL GUARDIANS )

OF THEIR MINOR CHILD, BRONSON )

ROTH, AND INDIVIDUALLY, )

)

Petitioners, )

)

vs. ) Case No. 09-4066N

)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

)

Respondent, )

)

and )

)

SOUTHERN BAPTIST HOSPITAL OF )

FLORIDA, INC., d/b/a BAPTIST )

MEDICAL CENTER, BETTINA KOHAUT, )

M.D., SJOUKJE ODETTE MOONEYHAM, )

ARNP, and FABEN OBG, INC., )

)

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 for consideration pursuant to Sections

766.304 and 766.305(7), Florida Statutes, upon the Stipulation

and Joint Petition of the parties, filed February 1, 2010, 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 Petitioners, Tricia Roth and Brent Roth, are the parents

and natural guardians of Bronson Roth (Bronson), a minor; that

Bronson was born a live infant on July 24, 2007, at Baptist

Medical Center, 1 a "hospital" as defined by Section 766.302(6),

Florida Statutes, located in Jacksonville, Florida; and that

Bronson's birth weight exceeded 2,500 grams. The parties have

further agreed that those persons delivering obstetrical

services at Bronson's birth were Bettina Kohaut, M.D., and

Sjoukje Odette Mooneyham, ARNP, who were qualified as

"participating physicians" as defined in Section 766.302(7),

Florida Statutes, for the Florida Birth-Related Neurological

Compensation Plan. Finally, by their stipulation, the parties

have agreed that Bronson 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 February 1, 2010, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Tricia Roth and Brent Roth, as the parents

and natural guardians of Bronson Roth, a minor, are awarded One

Hundred Thousand Dollars ($100,000.00), pursuant to Section

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

3. Upon payment of the award of One Hundred Thousand

Dollars ($100,000.00), agreed attorney's fees to William E.

Partridge, attorney for Petitioners, in the amount of Ten

Thousand Dollars ($10,000.00) and expenses (costs) of Eight

Thousand Three Hundred Thirty-Eight Dollars and Eighty-Two Cents

($8,338.82), and past expenses, the claims of Petitioners

(Claimants) shall be deemed fully satisfied and extinguished,

except to the extent of Respondent's continuing obligation under

the provisions of 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 dispute as to the

interpretation of any provision of the parties' stipulation and

to resolve any disputes, including but not limited to past and

future expenses, should they arise, regarding the parties'

compliance with the terms of such stipulation, and this order.

DONE AND ORDERED this 8th day of February, 2010, 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

[phone]

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 8th day of February, 2010.

ENDNOTE

1/ The Petition to Intervene filed September 28, 2009,

acknowledges that Southern Baptist Hospital of Florida, Inc.,

d/b/a Baptist Medical Center.

COPIES FURNISHED :

(Via Certified Mail)

William E. Partridge, Esquire

Grossman, Roth & Partridge

1800 Second Street, Suite 777

Sarasota, Florida 34236

(Certified Mail No. 91 7108 2133 3937 0540 1863)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 91 7108 2133 3937 0540 1870)

John R. Saalfield, Jr., Esquire

Saalfield, Shad, Jay, & Strokes, P.A.

50 North Laura Street, Suite 2950

Jacksonville, Florida 32202

(Certified Mail No. 91 7108 2133 3937 0540 1887)

Earl E. Googe, Jr., Esquire

Smith, Hulsey & Busey

225 Water Street, Suite 1800

Jacksonville, Florida 32202

(Certified Mail No. 91 7108 2133 3937 0540 1894)

M. Mark Bajalia, Esquire

Brennan, Manna & Diamond

800 West Monroe Street

Jacksonville, Florida 32202

(Certified Mail No. 91 7108 2133 3937 0540 1900)

Bettina Kohaut, M.D.

836 Prudential Drive, Suite 1506

Jacksonville, Florida 32207

(Certified Mail No. 91 7108 2133 3937 0540 1917)

Baptist Medical Center

800 Prudential Drive

Jacksonville, Florida 32207

(Certified Mail No. 91 7108 2133 3937 0540 1924)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

4052 Bald Cypress Way, Bin C-75

Tallahassee, Florida 32399-3275

(Certified Mail No. 91 7108 2133 3937 0540 1931)

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.