STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AIDA TURKANOVIC and HAMDIJA )

TURKANOVIC, on behalf of and as ) natural guardians of JENITA ) TURKANOVIC, a minor, )

)

Petitioners, )

)

vs. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) MEMORIAL HEALTHCARE GROUP, ) INC., d/b/a MEMORIAL HOSPITAL ) JACKSONVILLE, )

)

Intervenor. )

)

Case No. 03-3295N

)

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 Sections 766.304 and 766.305(6), Florida Statutes,1 upon the stipulation and joint petition of the parties, filed March 12, 2004, 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, and the letter of March 15, 2004, filed March 17, 2004, on behalf of Intervenor announcing it has no objection to the approval of Petitioners' and Respondent's stipulation.

By the terms of their stipulation, the parties have agreed that Petitioners, Aida Turkanovic and Hamdija Turkanovic, are the parents and natural guardians of Jenita Turkanovic (Jenita), a minor; that Jenita was born a live infant on October 12, 1999, at Memorial Hospital Jacksonville, a hospital located in Duval County, Florida; and that her birth weight exceeded 2,500 grams. The parties have further agreed that the physicians delivering obstetrical services during the birth of Jenita was Angela S. Martin, M.D., and Kimberly Van Scriver, M.D., who, at all times material hereto, were 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 Jenita 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 March 12, 2004, is hereby approved, and the parties are directed to comply with the provisions thereof.

2. Petitioners, Aida Turkanovic and Hamdija Turkanovic, as the parents of Jenita Turkanovic, a minor, are accorded an award of One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b), Florida Statutes, to be used for purposes consistent with the terms of the parties' stipulation.

3. Upon payment of the award of One hundred thousand dollars ($100,000.00) to the parents (claimants), attorney's fees and other expenses of Ten thousand one hundred twenty-two dollars and eighty cents ($10,122.80), and past expenses, the claims of 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, to pay future expenses as incurred.

4. 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 18th day of March, 2004, in Tallahassee, Leon County, Florida.

S

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 18th day of March, 2004.

ENDNOTE

1/ All citations are to Florida Statutes (1999) unless otherwise indicated.

COPIES FURNISHED:

(via certified mail)

Rodney S. Margol, Esquire Margol & Pennington, P.A.

One Independent Drive, Suite 1700 Jacksonville, Florida 32202-5005

Kenney Shipley, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101 Post Office Box 14567

Tallahassee, Florida 32308

Jeptha F. Barbour, Esquire Marks & Gray, P.A.

Post Office Box 447 Jacksonville, Florida 32201

Angela S. Martin, M.D.

4205 Belfort Road, Suite 2004

Jacksonville, Florida 32216

Kimberly P. Van Scriver, M.D. 4205 Belfort Road, Suite 2004

Jacksonville, Florida 32216

Memorial Hospital Jacksonville 3625 University Boulevard, South Jacksonville, Florida 32216

Ms. Charlene Willoughby Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

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 the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, 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: 03-003295N

Orders for Case No: 03-003295N