STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DONNA LEFFLER and TIMOTHY LEFFLER, )

as parents and natural guardians ) of DOMONICK J. LEFFLER, a minor, ) and DONNA LEFFLER and TIMOTHY )

LEFFLER, individually, )

)

Petitioners, )

)

vs. ) CASE NO. 96-2065N

) 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 August 30, 1996, 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, Donna Leffler and Timothy Leffler, are the parents and natural guardians of Domonick Leffler (Domonick), a minor, that Domonick was born a live infant on October 31, 1994, at University Medical Center, Duval County, Florida, and that his birth weight was in excess of 2,500 grams. The parties have further agreed that the physicians delivering obstetrical services during the birth of Domonick were Francisco Gaudier, M.D. (Attending Physician), George Shashoua, M.D. (Resident), and John Meyers, M.D. (Resident), and that they were, at all times material hereto, participating physicians 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 Domonick 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 August 30, 1996, is hereby approved and the parties are directed to comply with the provisions thereof.

   
   

2. Upon payment of the award of One hundred thousand ($100,000.00) to the parents (claimants), as set forth in the parties' stipulation, payment of past expenses, and a reasonable attorney's fee and expenses, the claims of petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of respondent's (Association'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 5th day of September, 1996.

____________________________________ WILLIAM J. KENDRICK, Hearing Officer Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675 SUNCOM 278-9675

Filed with the Clerk of the Division of Administrative Hearings this 5th day of September, 1996.

COPIES FURNISHED:

(By certified mail)

Gary C. Pajcic, Esquire Williams S. Burns, Jr., Esquire PAJCIC and PAJCIC

1900 Independent Square

Jacksonville, Florida 32202

Lynn B. Dickinson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive East, Suite D Post Office Box 14567 (32317-4567)

Tallahassee, Florida 32312

Francisco Gaudier, M.D.

Department of Obstetrics and Gynocology University Medical Center

655 West 8th Street Jacksonville, Florida 32209

John Meyers, M.D. 608 Miramar Court

Ponte Vedra Beach, Florida 32082

George Shashoua, M.D. 7300 Foxtree Cove

Austin, Texas 78750

University Medical Center Legal Department

655 West 8th Street Jacksonville, Florida 32209

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, Plaza Level 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: 96-002065N

Orders for Case No: 96-002065N