Hillsborough FL Business, Commercial real estate and Real es -- eLawyers

05-004512N MILAGROS MAGALY CASTRO AND WILLIAM MARCELO CASTRO, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF ISAAC CASTRO AND DAVID CASTRO, DECEASED TWIN MINORS vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2005)

Division of Administrative Hearings, Florida Filed: Dec. 12, 2005

Whether Isaac Castro and David Castro, deceased minors, qualify for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).The evidence demonstrated that the infants suffered profound brain injury before delivery, and the mother was never in labor. The claim is denied.

05-002153N CHERYL LAMBRIGHT AND PAUL VINCENT LAMBRIGHT, INDIVIDUALLY AND AS PARENTS AND NATURAL GUARDIANS OF PATRICK LAMBRIGHT, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2005)

Division of Administrative Hearings, Florida Filed: Jun. 13, 2005

Whether Patrick Lambright, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, whether the hospital and the participating physician gave the patient notice, as contemplated by Section 766.316, Florida Statutes, or whether notice was not required because the patient had an "emergency medical condition," as defined by Section 395.002(9)(b), Florida Statutes, or the giving of notice was not practicable.The infant was not shown to be substantially mentally and physically impaired. The claim is denied.

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.

03-004418N JODY WORKMAN AND BRIAN WORKMAN, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF ALYSSA WORKMAN, A DECEASED MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2003)

Division of Administrative Hearings, Florida Filed: Nov. 25, 2003

At issue is whether Alyssa Workman, a deceased minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan.The proof failed to support the conclusion that the infant suffered a brain injury caused by oxygen deprivation during labor, delivery, or resuscitation. Therefore, the claim is denied.

01-002411N JOHN ROMINE AND REBECCA ROMINE, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF LOREN ROMINE, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2001)

Division of Administrative Hearings, Florida Filed: Jun. 14, 2001

Whether Loren Romine, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, whether Petitioners' recovery, through settlement of a civil action for medical malpractice against the treating obstetrician and hospital, bars them from recovering benefits under the Plan.Final Order approving Respondent`s acceptance of the claim for compensation.

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.

Donald Harold Whittemore