STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ESTELLE MIXON individually and as ) mother and natural guardian of ) ERIC MIXON, a minor, )

)

Petitioner, )

)

vs. ) CASE NO. 95-4399N

) 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 April 3, 1996, 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.

By the terms of their stipulation, the parties have agreed that petitioner, Estelle Mixon is the mother and natural guardian of Eric Mixon (Eric), a minor, that Eric was born a live infant on March 4, 1993, at Tampa General Hospital, a hospital located in Tampa, Florida, and that his birth weight was in excess of 2,500 grams. The parties have further agreed that the physicians delivering obstetrical services during the birth of Eric were Michael T. Parsons,

M.D. and William F. O'Brien, M.D., who were, at all times material hereto, participating physicians 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 Eric suffered

a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes. The medical records

attached to the petition for compensation, as well as the medical report of Michael S. Duchowny, M.D., of August 29, 1995, are consistent with and supportive of the parties' stipulation.

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, filed of record April 3, 1996, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the award of Ninety-five thousand dollars ($95,000.00) in the manner stipulated, past expenses, and attorney's fees and expenses in the sum of Ten thousand dollars ($10,000.00), the claims of the petitioner (claimant) shall be deemed fully satisfied and extinguished, except to the extent of respondent'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 5th day of April 1996.

____________________________________ 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 5th day of April 1996.

COPIES FURNISHED:

(By certified mail)

Katherine A. Martinez, Esquire Post Office Box 3626

West Palm Beach, Florida 33402

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive East, Suite D Post Office Box 14567 (32317-4567)

Tallahassee, Florida 32312

William O'Brien, M.D. 13926 Pepperrell Drive

Tampa, Florida 33624

Michael T. Parsons, M.D.

4 Columbia Drive, Suite 500 Tampa, Florida 33606

Tampa General Hospital Legal Department

Davis Island

Post Office Box 1289 Tampa, Florida 33601

Ms. Tanya Williams

Agency for Health Care Administration Division of Health Quality Assurance Hospital Section

2727 Mahan Drive

Tallahassee, Florida 32308

Ms. Charlene Willoughby Department of Business and

Professional Regulation Consumer Services

1940 North Monroe Street Tallahassee, Florida 32399-0784

Dan Sumner, General Counsel Department of Insurance

The Capitol, Plaza Level 11 Tallahassee, Florida 32399-0300

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: 95-004399N

Orders for Case No: 95-004399N