Volusia FL Constitutional, Contracts and agreements and Insu -- eLawyers

Brooke M. Gaffney

Visitors: 70

Bar #111986(FL) License for 11 years; Member in Good Standing

Daytona Beach FL

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Related Laws :

Florida Laws: 395.002, 57.104, 7.06, 7.09, 7.12, 7.18, 7.21, 7.25, 766.301, 766.302, 766.303, 766.304, 766.305, 766.306, 766.309, 766.31, 766.311, 766.312, 766.313, 766.314, 766.315, 766.316, 90.406, 95.11

16-003532N LATOYA JOHNSON, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF RHY?LEE WILSON, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2016)

Division of Administrative Hearings, Florida Filed: Jun. 20, 2016

Whether notice was accorded the patient, as contemplated by section 766.316, Florida Statutes (2017),1/ or whether the failure to give notice was excused because the patient had an emergency medical condition, as defined in section 395.002(8), or the giving of notice was not practicable.NICA Notice was provided to Petitioner by hospital, and physician provider is excused from giving notice due to emergency circumstances. NICA claim is compensable.

15-002499N CHERRY LEONARD, AS LEGAL GUARDIAN OF COURTNEY LINDSEY, AS PARENT OF KAMARI JACKSON, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2015)

Division of Administrative Hearings, Florida Filed: Dec. 05, 2017

At issue are the attorney’s fees and related expenses owed by Respondent Florida Birth-Related Neurological Injury Compensation Association (NICA), pursuant to section 766.31(1)(c), Florida Statutes.The Fianl Order awards to Petitioner a reasonable attorney's fee of $11,602.50 and $1,158.80 in expenses.

14-003466N JESSICA AND JOSH MALOY, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF LAYTON MALOY vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2014)

Division of Administrative Hearings, Florida Filed: Jul. 23, 2014

The issue in this case is whether Layton Maloy suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).There was no apparent obstetrical event that resulted in loss of oxygen to the baby's brain during labor or delivery. The child's disabilities are not permanent and substantial as contemplated by the NICA statutes.

14-002049N ASHLEE HAMMAC AND TIMOTHY JOLLEY, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF RYAN MICHAEL JOLLEY, A DECEASED MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2014)

Division of Administrative Hearings, Florida Filed: May 01, 2014

The issue in this case is the amount of attorney’s fees and reasonable expenses to be awarded to Petitioner's counsel pursuant to section 766.31(1)(c), Florida Statutes.Final Order awarding attorney's fees and other expenses incurred.

20-003837N NATALIE KIM WELLS AND CODY WELLS, INDIVIDUALLY, AND AS NATURAL PARENTS OF ROSLYN SUE WELLS, DECEASED vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2020)

Division of Administrative Hearings, Florida Filed: Aug. 17, 2020

Whether Roslyn Sue Wells (Roslyn) suffered a “birth-related neurological injury” as defined by section 766.302(2) for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation (NICA) Plan (the Plan).Final Order Approving Stipulation for Entry of Award.

20-004270N JACQUELINE MAYER AND JONATHAN ZAIFERT, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF LAUREN ZAIFERT, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2020)

Division of Administrative Hearings, Florida Filed: Sep. 10, 2020

The issue in this matter is whether Lauren Zaifert suffered a "birth- related neurological injury," as defined by section 766.302(2), for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan.The evidence does not support a finding that the infant sustained a "substantial" birth-related neurological injury. Therefore, Petitioners' claim does not meet the requirements for eligibility for compensation under the NICA Plan.