11-003406N Amanda Walling And Bryan Walling, On Behalf Of And As Parents And Natural Guardians Of Layla Isabella Walling, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association Status: Closed DOAH Final Order on Monday, September 12, 2011.

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

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

AMANDA WALLING AND BRYAN )

WALLING, on behalf of and as )

parents and natural guardians )

of LAYLA ISABELLA WALLING, a )

deceased minor , )

)

Petitioners , )

)

vs. ) Case No. 11 - 3406N

)

FLORIDA BIRTH - RELATED )

NEUROLOGICAL INJURY )

COMP ENSATION ASSOCIATION , )

)

Respondent, )

)

and )

)

HEART OF FLORIDA OB/GYN )

ASSOCIATES AND JULIO SAN )

MARTIN, M.D., )

)

Intervenor s . )

)

FINAL ORDER APPROVI NG 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 for consideration, pursuant to s ections

766.304 and 766.305(7), Florida Stat utes, upon the Stipulation

and J oint P etition of the parties, filed August 31, 2011 , 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 c hapter 766, Florida Statutes,

and a resolution of the exclusive remedy otherwise available as

outlined in c hapter 766.

By the terms of their S tipulation, the parties have agreed

that Petitioners, Amanda Walling and Bryan Walling, are the

parents and legal guard ians of Layla Isabella Walling (Layla) , a

deceased minor; that Layla was born a live infant on July 6 ,

20 10 , at Heart of Florida Medical Center, a "hospital," as

defined by s ection 766.302(6); and that Layla 's birth weight was

3, 766 grams, exceeding the st atutory 2,500 grams. The parties

have further agreed that the physician delivering obstetrical

services at Layla's birth was Julio San Martin, M.D., who, at

all times material hereto, was a "participating physician" in

the Florida Birth - Related Neurologic al Injury Compensation Plan,

as defined by s ection 766.302(7). Finally, by their

stipulation, the parties have agreed that Layla suffered a

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

s ection 766.302(2), and died on July 1 2 , 20 10 .

Afte r 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 August 31, 2011, is hereby approved, and the parties are

directed to co mply with the provisions thereof.

2. Petitioners, Amanda Walling and Bryan Walling , as the

parents and legal guardians of Layla Isabella Walling , a

deceased minor, are awarded One hundred thousand dollars

($100,000.00), pursuant to s ection 766.31(1)(b)1., and a death

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

s ection 766.31(1)(b)2., to be paid in lump sum.

3. Petitioners' attorney, Hector A. Mor é , is awarded an

agreed attorney's fee of Ten thousand dollars ($10,000.00) and

expenses of Five hundred dollars ($500.00), totaling Ten

thousand five hundred dollars ($10,500.00) in full, for services

rendered in the filing of this claim, also to be paid in lump

sum, forthwith.

4 . Upon payment of the award of One hundred thousand

dollars ($100,000.0 0), a death benefit of Ten thousand dollars

($10,000.00), and payment of past benefits under s ection

766.31(1)(a), the claims of Petitioners (claimants) shall be

deemed fully satisfied and extinguished.

5 . No provision is made under s ection 766.31(2), to pay

future benefits/expenses because the child, Layla , is deceased.

6 . 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 resol ve any disputes, including but not limited to past

expenses, should they arise, regarding the parties' compliance

with the terms of such stipulation and this Final Order.

DONE AND ORDERED this 12th day of September , 2011 , in

Tallahassee, Leon County, Flori da.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl .us

Filed with the Clerk of the

Division of Administrative Hearings

this 12th day of September , 2011 .

ENDNOTE

1/ The Stipulation and Joint Petition for Compensation of Claim

also stipulates that a medical malpractice claim or civil action

against Juli o San Martin, M.D., Heart of Florida OB/GYN

Associates, and Heart of Florida Medical Center is precluded.

COPIES FURNISHED :

(Via Certified Mail)

Kenney Shipley, Executive Director

Florida Birth Related Neurological

Injury Compensation Association

236 0 Christopher Place, Suite 1

Tallahassee, Florida 32308

(Certified Mail No. 7010 3090 0000 0717 1246)

Hector Antonio Mor é , Esquire

Morgan and Morgan, P.A.

Post Office Box 4979

Orlando, Florida 32802 - 4979

(Certified Mail No. 7010 3090 0000 0717 1253)

M ichael R. D'Lugo, Esquire

Wicker, Smith, O'Hara,

McCoy and Ford, P.A.

Post Office Box 2753

Orlando, Florida 32802

(Certified Mail No. 7010 3090 0000 0717 1260)

Heart of Florida Hospital

40100 U.S. Highway 27

Davenport, Florida 33837

(Certified Mail N o. 7010 3090 0000 0717 1277)

Amy Rice, Acting Investigation Manager

Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C - 75

Tallahassee, Florida 32399 - 3275

(Certified Mail No. 7010 3090 0000 0717 1284)

Elizabeth Dudek, Secretary

Heal th Quality Assurance

Agency for Health Care Administration

2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7010 3090 0000 0717 1291)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this F inal O rder i s 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 Age ncy 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 § 766.311, Fla. Stat.,

and Fla. Birth - Related Neurological Injury Comp. Ass'n v.

Carreras , 59 8 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.