11-001165N Jessica Alley On Behalf Of And As Parent And Natural Guardian Of Jerry Bohannon, Jr., Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, May 27, 2011.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JESSICA ALLEY on behalf of and )

as parent and natural guardian )

of JERRY BOHANNON, JR., )

deceased , )

)

Petitioner , )

)

vs. ) Case No. 11 - 1165N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent , )

)

and )

)

JOHN FERLITA, M.D., )

)

Intervenor . )

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION

FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BI RTH - RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on for consideration, pursuant to s ections

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

and J oint P etition of the parties, filed May 19, 2011 , 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

o utlined in c hapter 766.

By the terms of their S tipulation, the parties have agreed

that Petitioner, Jessica Alley, is the parent and legal guardian

of Jerry Bohannon, Jr. ( Jerry ), a deceased minor; that Jerry was

born a live infant on April 13, 2010, at Pasco Regional Medical

Center, a "hospital," as defined by s ection 766.302(6) ; and that

Jerry's birth weight was 2,770 grams, exceeding the statutory

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

delivering obstetrical services at Jerry ' s birth was

John Ferlita, M.D., who, at all times material hereto, was a

"participating physician" in the Florida Birth - Related

Neurological Injury Compensation Plan, as defined by s ection

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

agreed that Jerry suffered a "birth - related neurological

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

on April 16, 2010 .

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 May 19, 2011 , is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioner, Jessica Alley , as the parent and legal

guardian of Jerry Bohannon , Jr. , a deceased minor, is awarded

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

766.31(1)(b)1., and a death benefit of Ten thousand dollars

($10,000.00), pursuant to s ection 766.31(1)(b)2., to be paid in

lump sum.

3. Upon payment of the awa rd of One hundred thousand

dollars ($100,000.00), a death benefit of Ten thousand dollars

($10,000.00), payment of past benefits under s ection

766.31(1)(a), and payment of reasonable attorney's fees and

expenses as hereafter set out, the claims of Petition er

(claimant) shall be deemed fully satisfied and extinguished.

4. No provision is made under s ection 766.31(2), to pay

future benefits/expenses , because the child, Jerry , is deceased.

5. Petitioner's and Respondent's stipulation for

Respondent to pay Ch arles T. Moore, Esquire, attorney for

Petitioner, Seven thousand three hundred twenty dollars

($7,320.00) and expenses of One thousand six hundred eighty

dollars and thirty - nine cents ($1,680.39) totaling Nine thousand

dollars and thirty - nine cents ($9,000 .39) in full for services

rendered, pursuant to section 766.31(1)(a), is hereby approved

and shall be paid forthwith.

6 . The Division of Administrative Hearings retains

jurisdiction over this matter to resolve any dispute as to the

interpretation of any p rovision of the parties' stipulation, and

to resolve any disputes, including but not limited to past

expenses, should they arise, regarding the parties' compliance

with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 27th day of M ay , 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 32399 - 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 27th day of May, 2011 .

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

In jury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3097 1727)

Charles T. Moore, Esquire

Morgan and Morgan, P.A.

One Tampa City Center

201 North Franklin Street, 7th Floor

Tampa, Flo rida 33602

(Certified Mail No. 7010 1670 0000 3097 1734)

Chandra L. Miller, Esquire

Thompson Goodis Thompson Groseclose

Richardson Miller, P.A.

Post Office Box 90

St. Petersburg, Florida 33731

(Certified Mail No. 7010 1670 0000 3097 1741)

Pasco Regi onal Medical Center

13100 Fort King Road

Dade City, Florida 33525

(Certified Mail No. 7010 1670 0000 3097 1758)

Amy Rice, Acting Investigation 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 1765)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 1670 0000 3097 1772)

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 Hearings and a copy,

accompanied by filing fees prescribed by law, with the

appropriate District Court of Appeal. See § 766.311 , Fla. Stat.,

and Fla. Birth - Related Neurological Injury Comp. Ass'n 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.