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. )

)

FLORIDA BIRTH-RELATED )

NEUROLOGICAL INJURY )

COMPENSATION ASSOCIATION, )

)

Respondent, )

)

and )

) KEITH B. PAREDES, M.D.; WATSON ) CLINIC, LLP; and LAKELAND )

REGIONAL MEDICAL CENTER, )

)

Intervenors. )

Case No. 01-0606N

)

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 Stipulation and Joint Petition 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 their Stipulation, 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 estate; 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 services 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. Finally, by their Stipulation, 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 Stipulation 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 Thompson 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 (claimants), 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' Stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such Stipulation.

DONE AND ORDERED this 27th day of November, 2001, in Tallahassee, Leon County, Florida.

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 27th day of November, 2001.

COPIES 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 North 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 commenced 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.

Docket for Case No: 01-000606N

Orders for Case No: 01-000606N