STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RICHARD S. FERGUSON and CATHY M. )

FLOYD, as parents and co-personal ) representatives of the Estate of ) BRITTANY JASMINE FLOYD, a deceased )

minor, )

)

Petitioners, )

)

vs. ) CASE NO. 95-1423N

) 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 19, 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, Richard S. Ferguson and Cathy M. Floyd, are the parents of Brittany Jasmine Floyd (Brittany), a deceased minor, that Brittany was born a live infant on September 10, 1992, at Jackson Memorial Hospital, Dade County, Florida, and that her birth weight was in excess of 2,500 grams. The parties have further agreed that the physician delivering obstetrical services during the birth of Brittany was Gene Burkett, 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 Brittany 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 May 19, 1995, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the lump sums stipulated to the parents (claimants), the attorney's fees and expenses stipulated, and medical expenses, if any, 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 24th day of May 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 24th day of May 1995.

COPIES FURNISHED:

(By Certified Mail)

Joel S. Fass, Esquire

COLODNY, FASS & TALENFELD, P.A.

Suite 232

2000 West Commercial Boulevard Fort Lauderdale, Florida 33309

Jay S. Weiss, Esquire 1212 S.E. 1st Avenue

Fort Lauderdale, Florida 33316

W. Douglas Moody, Jr., Esquire BATEMAN GRAHAM

300 East Park Avenue Tallahassee, Florida 32301

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 1528

Tallahassee, Florida 32302

Makbib Diro, M.D.

Jackson Memorial Hospital 1611 N.W. 12th Avenue Miami, Florida 33136

Gene Burkett, M.D. Jackson Memorial Hospital 1611 N.W. 12th Avenue Miami, Florida 33136

Jackson Memorial Hospital Legal Department

1611 N.W. 12th Avenue Miami, Florida 33136

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

Dan 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: 95-001423N

Orders for Case No: 95-001423N