Duval FL Administrative law, Defective and dangerous product -- eLawyers

Mary Bland Love

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Florida Administrative Code: 28-106.216

3D06-1460 Latino v. AVTEK ELECTRONICA (2007)

District Court of Appeal of Florida Filed: Jul. 18, 2007 Citations: 961 So. 2d 1024

961 So. 2d 1024 (2007) BANCO LATINO (S.A.C.A.), Petitioner, v. AVTEK ELECTRONICA, C.A., a Venezuelan Corporation, William E. Kimberely, and Hugo Piedrafita, Respondents. No. 3D06-1460. District Court of Appeal of Florida, Third District. July 18, 2007. Diaz, Rues, Rolff & Targ and Michael Diaz, Jr., Miami and Vestalia Aylsworth and Carlos F. Gonzalez, for petitioner. Lorena Anna Schwartz, for Linda Kelly Kearson, Esq., General Counsel for the Eleventh Judicial Circuit. Before GREEN, WELLS, and CO..

74-324 Brassell v. Brethauer (1974)

District Court of Appeal of Florida Filed: Dec. 13, 1974 Citations: 305 So. 2d 217

305 So. 2d 217 (1974) Richard D. BRASSELL et al., Appellants, v. Alexander H. BRETHAUER and Donna L. Brethauer, His Wife, Appellees. No. 74-324. District Court of Appeal of Florida, Fourth District. December 13, 1974. *218 William C. Wulfers, Jr., of Hoffman, Hendry, Parker & Smith, Orlando, for appellants. Dennis J. Hightower, of Whitaker, Koepke & Associates, Orlando, for appellees. DOWNEY, Judge. Alexander H. Brethauer and Donna L. Brethauer, his wife, as plaintiffs below, suffered an adverse ..

00-001169N EDWARD AND RENEE LECRENIER, AS PARENTS AND NATURAL GUARDIANS OF ALEXANDRIA LECRENIER, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2000)

Division of Administrative Hearings, Florida Filed: Mar. 20, 2000

At issue is whether Alexandria LeCrenier, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan. If so, whether the notice requirements of the Plan were satisfied.Award for actual expenses, for periodic payments to the legal guardian, and for reasonable expenses incurred in connection with the filing of the claim.

06-004638PL DEPARTMENT OF HEALTH, BOARD OF MEDICINE vs MICHAEL FOX, M.D. (2006)

Division of Administrative Hearings, Florida Filed: Nov. 15, 2006

Should discipline be imposed against Respondent's license to practice medicine for violation of Section 458.331(1)(t), Florida Statutes (2003)?Respondent violated the standard of care by performing a hysterectomy without lab results.

02-003277N CLARICE TABB, INDIVIDUALLY AND AS NEXT FRIEND OF DYLAN TABB, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2002)

Division of Administrative Hearings, Florida Filed: Aug. 19, 2002

Whether Dylan Tabb, a minor, qualifies for coverage under the Florida-Birth Related Neurological Injury Compensation Plan (Plan) and, if so, the amount of compensation that should be awarded. Whether the notice provisions of the Plan were satisfied by the participating physician and the hospital.Claim was compensable; however, physician did not comply with notice provisions of the plan.

00-005054N NICHOLAS J. SCHUR AND LISA S. SCHUR, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF NICHOLAS ERWIN SCHUR, DECEASED vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION (2000)

Division of Administrative Hearings, Florida Filed: Dec. 13, 2000

Whether birth-related neurological injuries which result in death during the neonatal period2 are covered by the Florida Birth-Related Neurological Injury Compensation Plan (Plan) and, if so, whether Nicholas Erwin Schur, a deceased minor, otherwise qualifies for coverage under the Plan. Whether the notice requirements of the Plan were satisfied. Whether the Division of Administrative Hearings has the exclusive jurisdiction to resolve or, alternatively, must preliminarily resolve, whether there is "clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property" before a claimant may elect (under the provisions of Section 766.303(2), Florida Statutes) to reject Plan coverage and pursue such a civil suit. What effect, if any, the claimants' settlement with the birthing hospital has on the availability of benefits under the Plan. Whether the participating physician's corporate employers have standing to participate in this proceeding.Claim otherwise compensable under Plan barred where claimants recovered proceeds of settlement with birthing hospital. Also resolved that Administrative Law Judge does not have jurisdiction to resolve willful and wanton exception to Plan exclusivity.