STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KAREN S. BRANNON and PAUL DAVID )

BRANNON, as parents and natural ) guardians of MATTHEW PAUL BRANNON, ) a deceased minor, )

)

Petitioner, )

)

vs. ) CASE NO. 95-4943N

) 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 October 10, 1995, 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 petitioners, Karen S. Brannon and Paul David Brannon, are the parents and natural guardians of Matthew Paul Brannon (Matthew), a deceased minor, that Matthew was born a live infant on March 29, 1994, at Lakeland Regional Medical Center, Lakeland, Polk County, 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 Matthew was Alberto Duboy, 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 Matthew 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 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 October 10, 1995, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the lump sum award of Ninety five thousand dollars ($95,000.00) to the parents (claimants), attorney's fees and expenses of Two thousand dollars ($2,000.00), and medical expenses as authorized by Section 766.31(1)(a), Florida Statutes, for which claimants' have become obligated for in the past, the claims of the petitioners (claimants) shall be deemed fully satisfied and extinguished.

   
   

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 16th day of October 1995.

___________________________________ 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 16th day of October 1995.

COPIES FURNISHED:

Robert A. McNeely, Esquire McFarlain, Wiley, Cassedy & Jones Post Office Box 2174

Tallahassee, Florida 32316-2174

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Barnett Bank, Suite 312

315 South Calhoun Street Post Office Box 1528 (32302) Tallahassee, Florida 32301

Dr. Alberto Duboy

1733 Lakeland Hills Boulevard Lakeland, Florida 33805-3016

Lakeland Regional Medical Center Legal Department

1324 Lakeland Hills Boulevard Lakeland, Florida 33802

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, PL-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: 95-004943N

Orders for Case No: 95-004943N