17-004994N Sarah Burke, On Behalf Of And As Parent Of Matthew William Burke, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, February 22, 2018.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SARAH BURKE, on behalf of and as

parent of MATTHEW WILLIAM BURKE,

a deceased minor,

Petitioner,

vs. Case No. 17 - 4994N

FLORIDA BIRTH - RELATED

NEUROLOGICAL INJURY COMPENSATION

ASSOCIATION,

Respondent.

______ _________________________/

FINAL ORDER APPROVING STIPULATIO N 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 Comp ensation of Claim Arising Out of

Florida Birth - Related Neurolog ical Injury Pursuant to

Chapter 766, Florida Statutes (Stipulation and Joint Petition),

filed with the Division of Adm inistrative Hearings on

January 16, 2018, for the entry of an order approvi ng the

resolution of a claim for compensation benefits filed in

accordance with the provisions of chapter 766 and a resolution

of the exclusive remedy otherwise available as outlined in

chapter 766.

By the terms of their stipulation, Petitioner, Sarah Burk e ,

as parent and natural guardian of Matthew William Burke

(Matthew) , deceased, and Respondent, the Florida Birth - Related

Neurological Injury Compensation Association (NICA), have agreed

that Sarah Burke is the parent and legal guardian of Matthew;

that Ma tthew was born a live infant on or about June 29, 2014,

at Florida Hospital North Pinellas, a ÐhospitalÑ as defined by

section 766.302(6) , located in Tarpon Springs, Florida; and that

Matthe wÓs birth weight exceeded 2,500 grams. The Parties have

further a greed that Thomas Umstead, M.D., provided obstetrical

services at MatthewÓs delivery and was a Ðparticipating

physicianÑ in the Florida Birth - Related Neurological Injury

Compensation Plan, as defined by section 766.302(7). The

Parties have agreed that Mat thew 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 h is injury

and subsequent death.

It is ORDERED:

1. The Stipulation and Joint Petition filed on January 16,

2018, is hereby approved, and the Parties are directed to comply

with the provisions of the Stipulation and Joint Petition.

2. Petitioner, Sarah Burke, as the parent and legal

guardian of Matthew William Burke is awarded one hundred thousand

dollars ($100,000.0 0), pursuant to section 766.31(1)(b)1., to be

paid as a lump sum; and payment of the $10,000.00 death benefit

pursuant to section 766.31(1)(b)1 . and past benefits

of $10,650.00. Payment of past benefits pursuant to section

766.31(1)(a), shall be subject t o the provisions of paragraph 20

of the Stipulation and Joint Petition

4. Upon the payment of the award of $100,000.00, the death

benefit of $10,000.00, and past benefit/expenses of $10,650.00,

the claims of Petitioner shall be deemed fully satisfied and

extinguished.

5. The Division of Administrative 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 22nd day of February , 2018 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (85 0) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 22nd day of February , 2018 .

COPIES FURNISHED:

(via certified mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury C ompensation Association

Suite 1

2360 Christopher Place

Tallahassee, Florida 32308

(eServed)

Certified Mail No. 7016 0910 0001 7987 6 831

Scott M. Whitley, Esquire

Morgan & Morgan

7th Floor

201 North Franklin Street

Tampa, Florida 33602

Certified Mail No . 7016 0910 0001 7987 6 848

Amie Rice, Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

Certified Mail No. 7016 0910 0001 7987 6855

Justin Senior , Secretary

Health Quality A ssurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 1

Tallahassee, Florida 32308

(eServed)

Certified Mail No. 7016 0910 0001 7987 6862

Thomas Umstead, M.D.

1812 Healthcare Drive

Trinity, Florida 34655

Certified Mail No. 7016 0910 0001 7987 6879

Florida Hospital North Pinellas

Attention: Risk Management

1395 South P inellas Avenue

Tarpon Springs, Florida 33689

Certified Mail No. 7016 0910 0001 7987 6886

NOTICE OF RIGHT TO JUDICIAL REVIEW

Review of a final order of an administr ative 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 Florida 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, accompanied by filing fees prescribed by

law, with the clerk of the appropriate District Court o f 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).