10-010006N Karen And Robert Taylor, On Behalf Of And As Parents And Natural Guardians Of Luke Taylor, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, April 15, 2011.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KAREN AND ROBERT TAYLOR, on )

behalf of and as parents and )

natural guardians of LUKE )

TAYLOR, a minor , )

)

Petitioners , )

)

vs. ) Case No. 10 - 10006N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respon dent, )

)

and )

)

KIERA IRVIN - RAHAIM, M.D., )

WOMEN'S CARE FLORIDA, AND ST. )

JOSEPH'S WOMEN'S HOSPITAL, )

)

Intervenor s . )

)

ORDER APPROVING STIP ULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

This cause came on for consideration pursuant to s ections

766.304 and 766.305(7), Florida Statutes, upon the Stip ulation

and J oint P etition of the parties, filed April 4, 2011 (with

page 10 thereof filed April 6, 2011), 1 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 c hapter 766, Florida Statutes, and a resolution of

the exclusive remedy otherwise available as outlined in

c hapter 766.

By the terms of their stipulation, the parties have agreed

that Karen Taylor and Robert Taylor, are the parents and leg al

guardians of Luke Taylor (Luke), a minor; that Luke was born a

live infant on or about December 12, 2006, at St. Joseph's

Women's Hospital, a "hospital" as defined by s ection 766.302(6),

located in Tampa , Florida; and that Luke's birth weight exceeded

2 ,500 grams. The parties have further agreed that Kiera Irvin -

Rahaim, M.D., and Lorraine Bevilacqua, M.D., delivered

obstetrical services at Luke's 2 birth, and at all times material

hereto, w ere "participating physician s " in the Florida Birth -

Related Neuro logical Injury Compensation Plan, as defined by

s ection 766.302(7). Finally, by their stipulation, the parties

have agreed that Luke suffered a "birth - related neurological

injury," as that term is defined by s ection 766.302(2).

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 J oint P etition, filed April 4 - 6,

2011, is hereby approved, a nd the parties are directed to comply

with the provisions thereof.

2. Petitioner s , Karen Taylor and Robert Taylor, as the

parent s and legal guardian s of Luke Taylor, a minor , are awarded

One hundred thousand dollars ($100,000.00), pursuant to s ection

766.31(1)(b)1., to be paid in periodic payments as agreed - upon .

3. Upon pa yment of the award of One hundred thousand

dollars ($100,000.00), and past benefits/ expenses, the claims of

Petitioners ( C laimants) shall be deemed fully satisfied and

extinguished, except for the issues reserved in paragraph 1 3 of

the parties' Stipulation and Joint Petition, including

R espondent's continuing obligation under s ection 766.31(2), to

pay future expenses as incurred.

4. With regard to a ny dispute regarding past

benefits/expenses , a hearing will be scheduled by a separate

notice of hearing to a ddress those issues. As for the date of

hearing, the parties shall, within 4 5 days of the date of this

Order, advise the undersigned Administrative Law Judge, with

specificity, of the matters remaining in dispute, of several

mutually agreeable dates for h earing, and of the time required

for such hearing.

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 ORDER ED this 15th day of April , 2011 , 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 323 99 - 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 15th day of April , 2011 .

ENDNOTE S

1/ Th ese filings are here treated as a single document and a

unified Stipulati on and Joint Petition .

2/ The misspelling of Luke's name in numbered paragraph 4 of

the Stipulation and Joint Petition is deemed a typographical

error, not a substantive flaw, as Luke's name is repeatedly

spelled correctly elsewhere throughout the Stipul ation and Joint

Petition .

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. 7010 1670 0000 3097 1024)

Karen Taylor

Robert Taylor

12931 Tar Flower Drive

Tampa, Florida 33626

(Certified Mail No. 7010 1670 0000 3097 0768)

David S. Nelson, Esquire

Barr, Murman & Tonell, P.A.

201 East Kennedy Boulevard, Suite 1700

Tampa, Florida 33602

(Certified Mail No. 7010 1670 0000 3097 1246)

Chandra Miller, Esquire

T hompson Goodis Thompson

Groseclose Richardson Miller, P.A.

P ost Office Box 90

St. Petersburg, Florida 33731

(Certified Mail No. 7010 1670 0000 3097 1253)

Amy Rice, Acting Investiga tion Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7010 1670 0000 3097 1260)

Elizabeth Dudek, Deputy Secretary

Health Quality Assurance

Agency for Health Care Admin istration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3097 1277)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this F inal O rder 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 Hearin gs 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.