14-001667N Amber Parker, On Behalf Of And As Parent And Natural Guardian Of Bladen Worley, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Friday, September 26, 2014.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMBER PARKER, on behalf of and

as parent and natural guardian

of BLADEN WORLEY, a minor,

Petitioner,

vs. Case No. 14 - 1667N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent,

and

ORLANDO HEALTH, INC., d/b/a

WINNIE PALMER HOSPITAL FOR WOMEN

& BABIES AND JAYASRI

BUKKAPATNAM, M.D.,

Intervenor s .

_______________________________/

FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD

This cause came on for consideration pursuant to sections

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

and Joint Petition for Compensation of Claim Arising out of

Florida Birth - Related Neurological Injury Pursuant to Chapter

766, Florida Statutes (Stipul ation and Joint Petition), filed

with the Division of Administrative Hearings on September 24,

2014 , for the entry of an order approving the resolution of a

claim for compensation benefits filed in accordance with the

provisions of chapter 766 and a resolu tion of the exclusive

remedy otherwise available as outlined in chapter 766.

By the terms of their stipulation, Petitioner, A mber Parker,

on behalf of and as parent and natural guardian of Bladen Worley ,

a minor; Respondent, the Florida Birth - Related Neuro logical

Injury Compensation Association (NICA); and Intervenors, Orlando

Health, Inc., d/b/a Winnie Palmer Hospital for Women and Babies

and Jayasri Bukkapatnam, M.D., h ave agreed that A mber Parker is

the parent and legal guardian of Bladen Worley ( Bladen ) , a minor;

that A mber Parker is the "Claimant" as defined by section

766.302(3); that Bladen was born a live infant on or about

April 11, 2013, at Winnie Palmer Hospital , a ÐhospitalÑ as

defined by section 766.302(6) located in Orlando , Florida; and

that B laden 's birth weight exceeded 2,500 grams. The Parties

have further agreed that Jayasri Bukkapatnam , M.D., provided

obstetrical services at Bladen 's delivery and, at all material

times, was a Ðparticipating physicianÑ in the Florida Birth -

Related Neurolog ical Injury Compensation Plan, as defined by

section 766.302(7). The Parties have agreed that Bladen suffered

a Ðbirth - related neurological injury,Ñ as that term is defined by

section 766.302(2), which was the sole and proximate cause of

Bladen Ós permanen t and substantial mental and physical

impairments.

It is ORDERED:

1. The Stipulation and Joint Petition filed on September 24,

2014, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, A mber Parker , as the parent and natural

guardian of Bladen Worley , a minor, is awarded one hundred

thousand dollars ($100,000.00), pursuant to section

766.31(1)(b)1 . , to be paid as periodic payments to the parent ;

payment of benefits up to a nd including the effective date of the

Joint Stipulation and Petition pursuant to section 766.31(1)(a),

subject to the provisions of paragraph 19 of the Stipulation and

Joint Petition; and payment of future expenses as incurred.

3 . Upon the payment of the award of $100,000.00, and past

benefit/expenses, the claims of Petitioner shall be deemed fully

satisfied and extinguished, except for Respondent's continuing

obligation under section 766.31(2) to pay future expenses as

incurred.

4 . The Division of Admin istrative Hearings retains

jurisdiction over this matter to resolve any disputes, should they

arise, regarding the partiesÓ compliance with the terms of this

Order.

DONE AND ORDERED this 26th day of September , 2014 , in

Tallahassee, Leon County, Florida.

S

BARBARA J. STAROS

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

Fi led with the Clerk of the

Division of Administrative Hearings

this 26th day of September , 2014 .

COPIES FURNISHED:

(via certified mail)

Amber Parker

Lot 139

3120 Minnesota Avenue

Panama City, Florida 32405

(Certified Mail No. 7014 1200 0002 3337 7389)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

( Certified Mail No. 7014 1200 0002 3337 7396) )

Andrea L. Diederich, Esquire

Marshall, Denne hey, Warner,

Coleman, and Goggin

315 East Robinson Street, Suite 550

Orlando, Florida 32801

( Certified Mail No. 7014 1200 0002 3337 7402 )

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Ta llahassee, Florida 32399 - 3275

(Certified Mail No. 7014 1200 0002 3337 7419)

Elizabeth Dudek, Secretary

Health Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7014 1200 0002 3337 7426)

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administrative law judge shall be

by appeal to the District Court of Appeal pursuant to section

766.311(1), Florida Statutes. Review proceedings are governed by

the Flori da Rules of Appellate Procedure. Such proceedings are

commenced by filing the original notice of administrative appeal

with the a gency c lerk of the Division of Administrative Hearings

within 30 days of rendition of the order to be reviewed, and a

copy, ac companied by filing fees prescribed by law, with the

clerk of the appropriate District Court of Appeal. See

§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

1992).