STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NOAH BETTS and NJEMEH BETTS, )

as parents and natural guardians ) of YUSUPHA BETTS, a minor, and ) NOAH BETTS and NJEMEH BETTS, )

individually, )

)

Petitioners, ) CASE NO. 93-6502N

)

vs. )

) 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 Section 766.304, Florida Statutes, upon the stipulation and joint petition of the parties, filed March 4, 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 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 March 2, 1994, and filed of record March 4, 1994, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the lump sums stipulated and past 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 future disputes, should they arise, regarding petitioners' entitlement to payment for subsequently incurred expenses.

DONE AND ORDERED in Tallahassee, Leon County, Florida, this 8th day of March 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 8th day of March 1994.

COPIES FURNISHED:

(By Certified Mail)

Dana R. Brown, Esquire Suite 20

4601 Ponce De Leon Boulevard Coral Gables, Florida 33146

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

Richard A. Kronsdtadt, M.D. 16870 N.E. 19th Avenue

North Miami Beach, Florida 33162

Parkway Regional Medical Venter Legal Department

160 N.W. 170th Street

North Miami Beach, Florida 33162

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 District Court Of Appeal, First District, or with the District Court Of Appeal in the appellate district where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 93-006502N

Orders for Case No: 93-006502N