03-003295N Aida Turkanovic And Hamdija Turkanovic, On Behalf Of And As Natural Guardian Of Jenia Turkanovic, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Wednesday, June 12, 2013.

Summary: The Florida Birth-Related Neurological Injury Association`s acceptance of the claim for compensation is approved.

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. ) Case No. 03 - 3295N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

MEMORIAL HEALTHCARE GROUP, )

INC., d/b/a MEMORIAL HOSPITAL )

JACKSONVILLE, )

)

Intervenor. )

)

)

FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR

COMPENSATION OF CLAI M ARISING OUT OF FLO RIDA BIRTH - RELATED

NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S

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 Respond ent'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 Octo ber 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 wa s 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 advis ed 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 paren ts 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 th e 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) shal l 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 Mar ch, 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 FUR NISHED :

(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

1 435 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, Florid a 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 go verned 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.