STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KURT ZOELTSCH and ELIZABETH )

ZOELTSCH, as parents and natural ) guardians of JORDAN ZOELTSCH, a ) deceased minor, )

)

Petitioners, )

)

vs. ) Case No. 98-0027N

) 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 April 24, 1998, 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, Kurt Zoeltsch and Elizabeth Zoeltsch, are the parents and natural guardians of Jordan Zoeltsch (Jordan), a deceased minor; that Jordan was born a live infant on January 20, 1996, at Memorial Hospital West, Broward County, Pembroke Pines, 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 Jordan was Mark Arthur Weinger, 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 Jordan 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

   
   

   April 24, 1998, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Upon payment of the lump sum award of Forty-five thousand dollars ($45,000.00) to the parents (claimants), and payment of attorney's fees and other expenses incurred in the representation of the parents in this case, which are to be determined and approved at a later date, the claim 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 this 28th day of April, 1998, 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

Filed with the Clerk of the Division of Administrative Hearings this 28th day of April, 1998.

COPIES FURNISHED:

(By certified mail)

Donald G. Korman, Esquire Korman, Schorr & Wagenheim, P.A.

2101 North Andrews Avenue, No. 400 Fort Lauderdale, Florida 33311

Michael J. Cohen, Esquire

517 Southwest First Avenue

Fort Lauderdale, Florida 33301

Lynn Dickinson, Executive Director Florida Birth-Related Neurological

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

Mark Arthur Weinger, M.D. Women's Healthcare Partners

601 North Flamingo road, Suite 411 Pembroke Pines, Florida 33028

Memorial Hospital West Legal Department

601 North Flamingo Road Pembroke Pines, Florida 33028

Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308

Daniel Sumner, General Counsel Department of Insurance

The Capitol, Lower Level 26 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: 98-000027N

Orders for Case No: 98-000027N