STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BOBBY TURNER and JANET TURNER )

on behalf of and natural guardians ) of JEREMIAH TURNER, a minor, )

)

Petitioners, )

)

vs. ) CASE NO. 93-3030N

) FLORIDA BIRTH-RELATED NEUROLOGICAL ) INJURY COMPENSATION ASSOCIATION, )

)

Respondent. )

)

FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTES

This cause came on to be heard pursuant to Sections 766.304 and 766.305(6), Florida Statutes, upon the stipulation and joint petition of the parties, filed July 8, 1994, and the modification thereto, filed July 27, 1994, 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 Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statues.

By the terms of their stipulation, the parties have agreed that petitioners, Bobby and Janet Turner are the parents and natural guardians of Jeremiah Adam Turner (Jeremiah), that Jeremiah was born a live infant on June 25, 1992, at Humana Hospital, Ft. Walton Beach, Florida, and that his birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Jeremiah was Thomas Moracewski, M.D., who was, at all times material hereto, a participating physician in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, the parties have agreed that Jeremiah suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:

1. The stipulation of the parties, dated June 29, 1994, and filed of record July 8, 1994, as well as the modification dated July 18, 1994, and filed of record July 27, 1994, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the lump sums stipulated, past expenses, and a reasonable attorney's fee and expenses, the claims of the Petitioners (Claimants) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's (Association's) continuing obligation under the provisions of Section 766.31, Florida Statutes, to pay future expenses as incurred.

   
   

3. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any dispute as to the interpretation of any provision of the parties' stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 18th day of August 1994.

WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of August 1994.

COPIES FURNISHED:

(By Certified Mail)

Bobby and Janet Turner

504 Maine Avenue

Fort Walton Beach, Florida 32547 Lynn Dickinson, Executive Director

Florida Birth-Related Neurological Injury Compensation Association

Post Office Box 1528 Tallahassee, Florida 32302

Sue Foster, Chief Bureau of Complaints Department of Business

and Professional Regulation Suite 60

1940 North Monroe Street Tallahassee, Florida 32399-0792

Ms. Tanya Williams

Division of Health Quality Assurance Hospital Section

Agency for Health Care Administration 2727 Mahan Drive

Tallahassee, Florida 32308

Bill O'Neil, Esquire General Counsel Department of Insurance The Capitol, PL-ll

Tallahassee, Florida 32399-0300

Dr. Thomas Moracewski 1013-D Mar Walt Drive

Ft. Walton Beach, Florida 32548

Humana Hospital Legal Department

Ft. Walton Beach, Florida 32548

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this final order 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 one copy of a notice of appeal with the Agency Clerk Of The Division Of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See, Section 120.68(2), 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.

Docket for Case No: 93-003030N

Orders for Case No: 93-003030N