STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KATHERINE WEST and CORDELL WEST, )

as parents and natural guardians ) of BLAKE OWEN WEST, a minor, )

)

Petitioners, )

)

vs. ) Case No. 00-1140N

) 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 May 26, 2000, as well as the Amendment to the Stipulation and Joint Petition of the Parties, filed June 14, 2000, 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, Katherine West and Cordell West, are the parents and natural guardians of Blake Owen West (Blake), a

minor; that Blake was born a live infant on November 17, 1999, at Plantation General Hospital, Broward 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 Blake was Mark S. Grenitz, 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 Blake 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, filed of record May 26, 2000, as well as the Amendment to the Stipulation of the Parties, filed of record June 14, 2000, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Katherine West and Cordell West, as the parents and natural guardians of Blake Owen West, a minor, are accorded an award of One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(6), Florida Statutes, to be disbursed in accordance with the terms of the parties' Stipulation and Amendment to the Stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parents (claimants), payment of past expenses, and payment of attorney's fees and other expenses of Twelve thousand and no/100 dollars ($12,000.00), the claims of Petitioners (claimants) 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.

4. 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 Amendment to the Stipulation, and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such Stipulations.

DONE AND ORDERED this 19th day of June, 2000, in Tallahassee, Leon County, Florida.

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 19th day of June, 2000.

COPIES FURNISHED:

(By certified mail)

Woodward C. Warrick, Esquire Warrick & Forman, P.A.

International Building, Penthouse West 2455 East Sunrise Boulevard

Fort Lauderdale, Florida 33304

Lynn Larson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 14567 Tallahassee, Florida 32317-4567

Plantation General Hospital

401 Northwest 42nd Avenue Plantation, Florida 33317

Mark S. Grenitz, M.D.

201 Northwest 82nd Avenue, Suite 203 Plantation, Florida 33324-1898

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 1400 Tallahassee, Florida 32308

Daniel Y. Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300

Docket for Case No: 00-001140N

Orders for Case No: 00-001140N