STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHERRY WATTS and LOUIE WATTS, )

as parents and Co-Personal ) Representatives of the Estate of ) BRIDGETT GENE WATTS, a deceased ) minor, )

)

Petitioners, )

)

vs. ) CASE NO. 95-1827N

) 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 July 17, 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, Sherry Watts and Louie Watts, are the parents and natural guardians of Bridgett Gene Watts (Bridgett), a deceased minor, that Bridgett was born a live infant on March 22, 1994, at St. Vincent's Medical Center, Jacksonville, 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 Bridgett was William H. Long, 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 Bridgett suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes. The

record developed in this case is 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 July 17, 1995, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the Fifty Thousand dollar ($50,000.00), lump sum, attorney's fees and costs in the sum of Ten Thousand Two Hundred dollars ($10,200.00), and past expenses, 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 8th day of August 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 8th day of August 1995.

COPIES FURNISHED:

(By Certified Mail)

Peter J. Fryefield, Esquire Suite 200

7077 Bonneval Road

Jacksonville, Florida 32216

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association Post Office Box 1528

Tallahassee, Florida 32302

William H. Long, M.D.

1820 Barrs Street, Suite 200

Jacksonville, Florida 32204

St. Vincent's Medical Center Legal Department

1800 Barrs Street

Jacksonville, Florida 32240

Ms. Charlene Willoughby Department of Business and

Professional Regulation Consumer Services

1940 North Monroe Street Tallahassee, Florida 32399-0784

Ms. Tanya Williams

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

2727 Mahan Drive

Tallahassee, Florida 32308

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: 95-001827N

Orders for Case No: 95-001827N