STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

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____________________________________)

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 January 20, 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, Sheri Clendening and Dan Carr, are the parents and natural guardians of Tyler Clendening (Tyler), a deceased minor, that Tyler was born a live infant on January

23, 1994, at Holy Cross 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 Tyler was "Jurado Carlos" (sic) [Carlos Jurado, 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 Tyler 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 January 20, 1995, 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 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 25th day of January 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 25th day of January 1995.

COPIES FURNISHED:

(By Certified Mail)

ROCCO G. MARUCCI, ESQUIRE TRIAL LAWYER BUILDING

SUITE 302, 633 SOUTHEAST 3RD AVENUE FORT LAUDERDALE, FLORIDA 33301

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. CARLOS JUARDO 2926 PORT ROYALE LANE

FORT LAUDERDALE, FLORIDA 33308

HOLY CROSS HOSPITAL LEGAL DEPARTMENT

4725 NORTH FEDERAL HIGHWAY

FORT LAUDERDALE, FLORIDA 33308

MS. CHARLENE WILLOUGHBY DEPARTMENT OF BUSINESS

AND PROFESSIONAL REGULATION CONSUMER SERVICES

SUITE 60

1940 NORTH MONROE STREET TALLAHASSEE, FLORIDA 32399-0750

MS. TANYA WILLIAMS

DIVISION OF HEALTH QUALITY ASSURANCE HOSPITAL SECTION

AGENCY FOR HEALTH CARE ADMINISTRATION 2727 MAHAN DRIVE

TALLAHASSEE, FLORIDA 32308

BILL SUMNER,

ACTING GENERAL COUNSEL DEPARTMENT OF INSURANCE THE CAPITOL PL LL

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: 94-006203N

Orders for Case No: 94-006203N