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Andrew William Rosin
Andrew William Rosin
Visitors: 20
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Bar #598305(FL)     License for 22 years; Member in Good Standing
Sarasota FL

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03-000985N  CRAIG JOSHNICK AND DEBBIE JOSHNICK, AS PARENTS AND NATURAL GUARDIANS OF AUSTIN K. JOSHNICK, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION  (2003)
Division of Administrative Hearings, Florida Filed: Mar. 24, 2003
When, as here, obstetrical services were not provided by a "participating physician" at the infant's birth, does the administrative law judge have jurisdiction to resolve whether the Respondent may, nevertheless, be estopped to deny coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan), and, if so, whether the proof supports a claim of estoppel. If the proof supports a claim of estoppel, whether Austin K. Joshnick (Austin), a minor, suffered a "birth-related neurological injury," as defined by the Plan.Obstetrical services were not provided by a participating physician at birth, and the facts failed to support a finding that the Florida Birth-Related Neurological Injury Compensation Association was estopped to deny coverage.
02-000839N  BRAD STEVENS AND LYNN STEVENS, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW STEVENS, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION  (2002)
Division of Administrative Hearings, Florida Filed: Feb. 25, 2002
Petitioners` settlement with the physicians and the nurse midwife barred them from receiving an award under the Plan, even though the claim was compensable and the hospital was entitled to immunity.
03-003126N  BARBARA MARY MARTINEZ AND HALLE MARTINEZ, JR., ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF HALLE COHEN MARTINEZ, III, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION  (2003)
Division of Administrative Hearings, Florida Filed: Aug. 28, 2003
At issue in this proceeding is whether Halle Cohen Martinez, III, a minor, qualifies for coverage under the Florida Birth- Related Neurological Injury Compensation Plan.Proof failed to demonstrate that infant was permanently and substantially mentally and physically impaired. Therefore, the claim was not compensable.
01-003585N  CECELIA ROBERTS YOUNG, AS GRANDMOTHER AND GUARDIAN OF ALONZO HALL, JR. vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION  (2001)
Division of Administrative Hearings, Florida Filed: Sep. 10, 2001
Whether Alonzo Hall, Jr., a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan.Proof failed to demonstrate that the infant`s neurologic impairments were caused by oxygen deprivation or mechanical injury, or that they were associated with events occurring during labor and delivery.
02-002021N  REBEKAH LEAH SCARFONE, INDIVIDUALLY AND AS MOTHER AND NATURAL GUARDIAN OF MADISON MCCORKLE, III vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION  (2002)
Division of Administrative Hearings, Florida Filed: May 17, 2002
Whether Madison McCorkle, III, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). Whether the notice provisions of the Plan were satisfied by the participating physician.The proof demonstrated that the infant was not permanently and substantially mentally and physically impaired. Therefore, the claim is denied.

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