Broward FL Lawyers | David Wolfe Black -- eLawyers

12-000848N DESIREE WILLIAMS AND ROBERT WILLIAMS, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF LYLYAUHNIE WILLIAMS, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2012)

Division of Administrative Hearings, Florida Filed: Mar. 05, 2012

The issues to be determined in this proceeding are whether Steven Pliskow, M.D. (Dr. Pliskow), provided notice as required by section 766.316, Florida Statutes, and whether Palms West Hospital, Limited Partnership, d/b/a Palms West Hospital (Palms West Hospital) provided notice as required by section 766.316.Infant sustained oxygen deprivation during labor which resulted in permanent and substantial mental and physical impairment. Participating physician provided notice but hospital did not.

94-005386N JACQUELINE G. WALKER, F/K/A KENNETH WALKER HAGAN vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (1994)

Division of Administrative Hearings, Florida Filed: Jun. 08, 1995

Mother found not entitled to award of expenses for her personal care of infant under the plan. Other expenses claimed also specifically addressed.

11-001504N LISA LONGO AND CHRISTOPHER LONGO, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF VICTORIA ANN LONGO, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2011)

Division of Administrative Hearings, Florida Filed: Mar. 18, 2011

The issue in this case is whether Victoria Ann Longo has suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).Child has intractable epilepsy which is a transient impairment. No permanent and substantial mental and physical impairment.

08-004985N YAIMA OROZCO AND MAYKEL AMADOR, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF YAIKEL AMADOR, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2008)

Division of Administrative Hearings, Florida Filed: Oct. 08, 2008

Final order approving parties' stipulated award.

08-002167N AIMEE REDWINE, ON BEHALF OF AND AS PARENT AND NATURAL GUARDIAN OF ELIANA REDWINE, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2008)

Division of Administrative Hearings, Florida Filed: May 02, 2008

At issue is whether Eliana Redwine, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The cause of infant's impairments was most likely a congenital brain injury that predated the onset of labor. The claim is denied.

08-004198N HILDA RIOS AND JAIME RIOS, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MARITZA RIOS, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2008)

Division of Administrative Hearings, Florida Filed: Aug. 25, 2008

At issue is whether Maritza Rios, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).Infant was not permanently and substantially mentally impaired. The Claim is denied.

08-003097N MIGUEL HERNANDEZ AND LYNN HENANDEZ, ON BEHALF OF AND NATURAL GUARDIANS OF CHRISTIAN M. HERNANDEZ, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2008)

Division of Administrative Hearings, Florida Filed: Jun. 24, 2008

At issue is whether Christian M. Hernandez, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The cause of the infant`s impairments was most likely developmentally based, as opposed to birth-related, and infant was not substantially mentally and physically impaired. The claim is denied.

04-001533N JENNIFER CASTILLO AND PETER BOROWIAK, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF LIEVENS BOROWIAK, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2004)

Division of Administrative Hearings, Florida Filed: Apr. 22, 2004

Whether Respondent's proposal to accept the claim as compensable should be approved. If so, the amount and manner of payment of the parental award, the amount owing for attorney's fees and costs incurred in pursuing the claim, and the amount owing for past expenses. Whether the hospital and the participating physicians gave the patient notice, as contemplated by Section 766.16, Florida Statutes, or whether the failure to give notice was excused because the patient had an "emergency medical condition," as defined by Section 395.002(9)(b), Florida Statutes, or the giving of notice was otherwise not practicable.The claim is compensable and an award was made contingent upon acceptance of benefits. It was also found that the hospital complied with the notice provisions of the plan, but the physicians did not.

03-001710N YVETTE ORTIZ AND ERICK ALBERTO ORTIZ, AS PARENTS AND NATURAL GUARDIANS OF ERICK ALEJANDRO ORTIZ, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2003)

Division of Administrative Hearings, Florida Filed: May 09, 2003

Whether Respondent's proposal to accept the claim as compensable should be approved. If so, the amount and manner of payment of the parental award, the amount owing for attorney's fees and costs incurred in pursuing the claim, and the amount owing for past expenses. Whether notice was accorded the patient, as contemplated by Section 766.316, Florida Statutes (2000),1 or whether the failure to give notice was excused because the patient had an "emergency medical condition," as defined by Section 395.002(9)(b), Florida Statutes, or the giving of notice was otherwise not practicable.The claim was compensable and an award was made. In dispute was whether the notice was given. It was found that neither the participating physician nor the hospital gave proper notice.

99-002797N MAURICIO GUGELMIN AND STELLA GUGELMIN, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF GIULIANO GUGELMIN, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (1999)

Division of Administrative Hearings, Florida Filed: Jun. 23, 1999

At issue in this proceeding is whether Giuliano Gugelmin, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). If so, whether the notice requirements of the Plan were satisfied.Physician failed to give patient notice of his participation in the Plan. Therefore, while claim was compensable, patient had option to accept Plan benefits or reject Plan benefits and pursue her civil remedies.

David Wolfe Black