Date: 201307
Local time of day: 1201-1800
Location: ZFW.ARTCC, TX
Flight conditions: Marginal
Aircraft: EMB ERJ 145 ER/LR
Operator: Air Carrier
Operating under: Part 121
Flight plan: IFR
Mission: Passenger
Flight phase: Climb
Airspace: Class E ZFW
ATC / advisory: Center ZFW
Reporter organization: Air Carrier
Reporter function: Captain; Pilot Not Flying
Reporter qualification: Flight Crew Air Transport Pilot (ATP)
Human factors: Distraction; Workload; Situational Awareness
Second reporter function: First Officer; Pilot Flying
Anomaly: Deviation - Speed All Types; Deviation / Discrepancy - Procedural Published Material / Policy; Inflight Event / Encounter Weather / Turbulence; Inflight Event / Encounter Wake Vortex Encounter
Detector: Person Flight Crew
When detected: In-flight
Result: Flight Crew Became Reoriented
Contributing factors: Human Factors; Environment - Non Weather Related
Primary problem: Ambiguous

Narrative: As we taxied out; we discussed our somewhat heavy weight condition and the fact the temperature was in the mid to high 90's and what performance considerations might be taken into account. We were cleared for takeoff behind a MD-80 that was in the middle of its takeoff roll. As we rotated I stated that we would more than likely get into the preceding aircraft's wake. Just prior to passing acceleration altitude we encountered the wake. I verbalized that we would not change configuration at that time due to the encounter. Not long after exiting the wake we encountered for a second time. Now we were at a point on the departure where we turned left. We were then cleared to 17;000 FT (a bit earlier than usual on that particular SID). Still in trail of the MD-80; we both were paying close attention to its path. There were numerous towering cumulus clouds along the departure path that required no lateral deviation but we did increase the climb rate as to stay out of the tops and keep the preceding aircraft in sight. The two wake encounters combined with our attempts to maintain visual on the preceding aircraft as to avoid any other upsets contributed to our distraction from our normal flow in my opinion. Somewhere between 16;000 and 17;000 FT; we simultaneously noticed that the flaps were still at 9 degrees and the thrust setting was still in the Alt TO/1 mode. We retracted the flaps and selected climb thrust mode. At the beginning of every takeoff; I start my timer. After the flaps were up and the thrust was set we both made note that my timer was just passed the ten minute mark. I then attempted to contact Dispatch and was unsuccessful. I notified the Dispatcher via ACARS that we had experienced a flap overspeed condition and that Maintenance needed to be notified. Dispatch informed us that the aircraft would be grounded and would require an inspection by our Maintenance personnel. At this point we ascertained that there were no controllability issues; nor had any engine limitations other than the 5 minute limit on that mode been exceeded. The flight continued and landed without incident.


Second narrative: I believe that this event occurred because of the high workload that we were experiencing at the time of the event.  We were closely monitoring the aircraft ahead of us to avoid anymore wake turbulence upsets; as well as the weather along our departure route.  I believe that we were distracted by these factors.


Synopsis: EMB-145 Captain reported a wake vortex encounter in trail of an MD-80 on departure from DFW that was enough of a distraction flaps were left down and power not reduced for ten minutes.