06-004660N Kathleen Mceachern-Walker And Michael Todd Walker, Individually And As Personal Representatives Of The Estate Of Michael Todd Walker, Jr., Deceased vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Thursday, January 18, 2007.

Summary: Final Order approving the Florida Birth-Related Neurological Injury Compensation Association`s acceptance of the claim for compensation.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KATHLEEN MCEACHERN - WALKER AND )

MICHAEL TODD WALKER, )

INDIVIDUALLY AND AS PERSONAL )

REPRESENTATIVES OF THE ESTATE )

OF MICHAEL TODD WALKER, JR., )

DECEASED , )

)

Petitioner s , )

)

vs. ) Case No. 06 - 4660N

)

FLORIDA BIRTH - RELATED )

NEUR OLOGICAL INJURY )

COMPENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

JAMES E. MAHER, M.D., )

)

Intervenor . )

)

FINAL ORDER APPROVING STIPULATION AND JOIN T 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(7), Florida Statutes, upon the stipulation and joint

petition of the parties, filed January 17, 200 7 , 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, Kathleen McEachern - Walker and Michael Todd

Walker, are the parents and legal guardians of Michael Todd

Walker, Jr. (Michael), a deceased minor; that Michael was born a

live infant on November 21, 2001 , at Santa Rosa Medical Center,

a hospital located in Milton , Florida; and that Michael 's birth

weight exceeded 2,500 grams. The pa rties have further agreed

that the physicians delivering obstetrical services at Michael's

birth were James Maher, M.D. and Dina Navarro, M.D., who, at all

times material hereto, were "participating physician[s]" in the

Florida Birth - Related Neurological I njury Compensation Plan, as

defined by Section 766.302(7), Florida Statutes. Finally, by

their stipulation, the parties have agreed that Michael suffered

a "birth - related neurological injury," as that term is defined

by Section 766.302(2), Florida Statute s.

After due consideration of the interests of all parties,

and being otherwise fully advised in the premises, it is

ORDERED that:

1. The stipulation and joint petition of the parties,

filed January 17, 2007, is hereby approved, and the parties are

directed to comply with the provisions thereof.

2. Petitioners, Kathleen McEachern - Walker and Michael Todd

Walker, as the parents of Michael Todd Walker, Jr., a deceased

minor, are awarded One hundred thousand dollars ($100,000.00),

pursuant to Section 766.31(1)(b)1., Florida Statutes, and a

death benefit of Ten thousand dollars ($10,000.00), pursuant to

Section 766.31(1)(b)2., Florida Statutes, to be paid in lump

sum.

3. Upon payment of the award of One hundred thousand

dollars ($100,000.00), a dea th benefit of Ten thousand dollars

($10,000.00), attorney's fees and other expenses of Ten thousand

five hundred dollars ($ 10,500.00 ), and past expenses, the claims

of Petitioners (claimants) shall be deemed fully satisfied and

extinguished.

4. The Div ision 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, and this

order.

DONE AND ORDERED this 18th day of January, 2007 , in

Tallahassee, Leon County, Florida.

S

WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings

The D eSoto 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 January, 2007 .

COPIES FURNISHED :

(Via Certified Mail)

James R. Barnes, Esquire

Michles & Booth, P.A.

240 East Intendencia Street

Pensacola, Florida 32502

(Certified Mail No. 7099 3400 0010 4399 2741)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

In jury Compensation Association

2360 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7099 3400 0010 4399 2734)

James M. Wilson, Esquire

Wilson, Harrell, Farrington

& Ford, P.A.

307 South Palafox Street

Pensacola, Florida 32502

(Certified Mail No. 7099 3400 0010 4399 2727)

James Maher, M.D.

Baptist Medical Towers, Suite 425

1717 North E Street

Pensacola, Florida 32501

(Certified Mail No. 7099 3400 0010 4399 2710)

Dina Navarro, M.D.

113 Doctor's Park Drive

Milton, Florida 325 70

(Certified Mail No. 7099 3400 0010 4399 2703)

Santa Rosa Medical Center

6002 Berryhill Road

Milton, Florida 32570

(Certified Mail No. 7099 3400 0010 4399 5315)

Charlene Willoughby, Director

Consumer Services Unit - Enforcement

Department of Health

40 52 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7099 3400 0010 4399 2697)

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 a nd 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.