01-000606N Ben Walker And Adijah Thompson Walker, On Behalf Of And As Parents And Natural Guardians Of Dasia Q. Thompson, Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Tuesday, November 27, 2001.

Summary: Association`s acceptance of the claim for compensation approved.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BEN WALKER and ADIJAH THOMPSON )

WALKER, as parents and natural )

guardians of DASIA Q. THOMPSON, )

a minor, )

)

Petitioners, )

)

vs. ) Case No. 01 - 0606N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Re spondent, )

)

and )

)

KEITH B. PAREDES, M.D.; WATSON )

CLINIC, LLP; and LAKELAND )

REGIONAL MEDICAL CENTER, )

)

Intervenors. )

)

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

Petitioners and Respondent, filed November 2, 2001, 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. As for the

Intervenors, they have no objection to the approval of the

Stipulation and the acceptance of the claim as compensable.

By the terms of t heir S tipulation, the parties have agreed

that Petitioners, Ben Walker and Adijah Thompson Walker, are the

parents and natural guardians of Dasia Q. Thompson (Dasia), a

deceased minor, as well as co - personal representatives of their

deceased daughter's est ate; that Dasia was born a live infant on

March 23, 1997, at Lakeland Regional Medical Center, a hospital

located in Lakeland, Florida; and that her birth exceeded 2,500

grams. The parties have further agreed that the physician

delivering obstetrical serv ices during the birth of Dasia was

Keith B. Paredes, M.D., and that he 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. Fi nally, by their S tipulation, the

parties have agreed that Dasia 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 S tipulation of the parties, filed of record

November 2, 2001, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Ben Walker and Adijah Thomps on Walker, as

the parents and natural guardians of Dasia Q. Thompson, are

accorded a lump sum award of One hundred thousand dollars

($100,000.00).

3. Upon payment of the lump sum award of One hundred

thousand dollars ($100,000.00) to the parents (claimant s),

attorney's fees and other expenses of Ten thousand seven hundred

fifty dollars ($10,750.00) incurred in pursuing the subject

claim, and payment of past expenses, the claims of the

Petitioners (Claimants) shall be deemed fully satisfied and

extinguished .

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' S tipulation and

to resolve any disputes, should they arise, regarding the

parties' compli ance with the terms of such S tipulation.

DONE AND ORDERED this 27th day of November, 2001, in

Tallahassee, Leon County, Florida.

___________________________________

WILLIAM J. KENDRICK

Admin istrative 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 27th day of November, 2001.

COPIE S FURNISHED:

(By certified mail)

Lynn Larson, Executive Director

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

Forest Hamilton, Esquire

Florida Birth - Related Neurological

Injury Compensation Association

1435 Piedmont Drive, East, Suite 101

Post Office Box 14567

Tallahassee, Florida 32312

Roland J. Lamb, Esquire

Hahn, Morgan and Lamb, P.A.

2701 North Rocky Point Drive

Suite 410

Tampa, Florida 33607 - 5917

Madison B. McClellan, Esquire

Gary, Williams, Parenti, Finney, Lewis,

McManus, Watson & Sperando

Waterside Professional Building

221 East Osceola Street

Stuart, Florida 34994

Stephen H. Sears, Esquire

MacFarlane, Ferguson & McMullen

400 No rth Tampa Street, Suite 2300

Tampa, Florida 33601

Dr. Keith B. Paredes

Watson Clinic

1600 Lakeland Hills Boulevard

Lakeland, Florida 33805

Lakeland Regional Medical Center

1324 Lakeland Hills Boulevard

Lakeland, Florida 33805

Ms. Charlene Willoughby

Agency for Health 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 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 com menced 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.