02-002123N Carol Watson And Henry Watson, Jr., On Behalf Of And As Parents And Natural Guardians Of Henry Edward Watson, Iii, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, September 30, 2002.

Summary: Final Order approving Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CAROL WATSON and HENRY WATSON, )

JR., as parents and natural )

guardians of HENRY EDWARD )

WATSON, III, a minor, )

)

Petitioners, )

)

vs. )

) Case No. 02 - 2123N

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 S tipulation and J oint P etition of the

parties, filed September 26, 2002, for the entry of an order

approving the resolution of a formal c laim 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 the ir S tipulation, the parties have agreed

that Petitioners, Carol Watson and Henry Watson, Jr., are the

parents and natural guardians of Henry Edward Watson, III

(Henry), a minor; that Henry was born a live infant on April 22,

2000, at Flagler Hospital, Inc. , St. Augustine, 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 Henry was Robert E. Dupree, Jr., 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 S tipulation, the parties have agreed that Henry suffered a

"birth - related neurologi cal 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 S tipulation of the parties, filed of rec ord

September 26, 2002, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Carol Watson and Henry Watson, Jr., as the

parents and natural guardians of Henry Edward Watson, III, 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 disbursed in accordance with the terms of the

parties' S tipulation.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00) to the parents (claimants), payment of past

expenses, and payment of attorney's fees and other expenses

incurred in connection with the filing of the claim, which if not

agreed to between the parties will be assessed at a later date,

the claims of Petition ers (claimants) shall be deemed fully

satisfied and extinguished, except to the extent of Respondent's

continuing obligation under the provisions of Section 766.31,

Florida Statutes, to pay future expenses as incurred.

4. The Division of Administrative He arings retains

jurisdiction over this matter to resolve any dispute as to the

interpretation of any provision of the parties' S tipulation and

to resolve any disputes, should they arise, regarding the

parties' compliance with the terms of such S tipulation.

DONE AND ORDERED this 30th day of September, 2002, in

Tallahassee, Leon County, Florida.

___________________________________

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallaha ssee, 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 30th day of September, 2002.

COPIES FURNISHED :

(via C ertified M ail)

Kenney Sh ipley, Acting Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

William Harrison Ogle, Esquire

Mayfield & Ogle, P.A.

Post Office B ox 337

Ormond Beach, Florida 32175 - 0337

Robert E. Dupree, Jr., M.D.

201 Health Park Boulevard, Suite 215

St. Augustine, Florida 32086

Flagler Hospital, Inc.

400 Health Park Boulevard

St. Augustine, Florida 32086

Ms. Charlene Willoughby

Agency for Hea lth Care Administration

Consumer Services Unit

Post Office Box 14000

Tallahassee, Florida 32308

Mark Casteel, General Counsel

Department of Insurance

The Capitol, Lower Level 26

Tallahassee, Florida 32399 - 0300

NOTICE OF RIGHT TO JUDICIAL REVIEW

A pa rty 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

fil ing 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, an d

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.