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Robert Scott Covitz
Robert Scott Covitz
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Bar #898198(FL)     License for 33 years; Member in Good Standing
Boca Raton FL

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Related Laws :
20-000818N  TAMICA QUARRIE AND NICOY LATOUCHE, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS OF RHEA LATOUCHE, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION  (2020)
Division of Administrative Hearings, Florida Filed: Feb. 12, 2020
On February 7, 2020, Petitioners filed an “Amended Petition Filed Under Protest for Determination as to the Applicability of Florida Birth-Related Neurological Injury Compensation Plan” (Amended Petition) at the Division of Administrative Hearings (DOAH). The Amended Petition named Alison T. Clarke DeSouza, M.D., as the physician who provided obstetric services at the birth of Rhea LaTouche (Rhea) on August 18, 2017, at Coral Springs Medical Center, in Coral Springs, Florida. The Amended Petition alleges that Dr. DeSouza was a participant in the Florida Birth-Related Neurological Injury Compensation Association Plan (the Plan), and provided timely notice to Petitioners of her participation in the Plan. The Amended Petition further alleges that Coral Springs Medical Center, a hospital, while also a NICA participant, did not timely provide notice of its participation in the Plan. DOAH served Respondent with a copy of the Amended Petition on or before February 19, 2020. On February 18, 2020, DOAH mailed a copy of the Amended Petition by certified mail to Dr. DeSouza and Coral Springs Medical Center. On March 10, 2020, North Broward Hospital District d/b/a Broward Health Coral Springs a/k/a Coral Springs Medical Center’s (BHCS) Petition for Leave to Intervene was granted; and, on May 11, 2020, Alison T. Clarke DeSouza, M.D. and Alison T. Clarke DeSouza, M.D., LLC’s Motion for Leave to Intervene was granted. On March 10, 2020, Petitioners filed a “Motion for Partial Summary Judgement as to NICA Notice.” After an extension of time was granted, on April 27, 2020, BHCS filed its response to said motion. On May 11, 2020, Petitioners’ motion was denied as material facts remained in dispute concerning the notice issue. On June 11, 2020, Pedro Moscoso, M.D. and Pediatrix Medical Group of Florida, Inc., filed a Motion for Leave to Intervene. Petitioners’ response in opposition was filed June 15, 2020. The motion to intervene was granted on June 29, 2020. On June 17, 2020, Respondent’s Motion was filed wherein Respondent contends that Rhea sustained a birth-related neurological injury and requests the undersigned enter a summary final order concluding that Petitioners’ claim is compensable. On July 2, 2020, the undersigned issued an Order to Show Cause, whereby Petitioners were ordered to show cause in writing why Respondent’s Motion should not be granted. On June 17, 2020, Petitioners filed their response to Respondent’s Motion. Said response provides, in pertinent part, as follows: Petitioners do not oppose NICA’s Motion for Summary Final Order. Petitioners do not dispute that RHEA LATOUCHE sustained a severe hypoxic ischemic injury resulting in substantial mental and physical impairments that are permanent. Petitioners do not dispute that the injuries are felt to be birth related. WHEREFORE, Petitioners do not oppose the entry of a Summary Final Order determining that the claim is compensable under the NICA plan as a matter of law and reserving a determination of the applicability of NICA based on the evidentiary hearing on notice, which is to be set for the last week of August. Petitioners’ position is that BHCS failed to give timely notice.Hospital failed to establish that the notice requirements of section 766.316 were satisfied.

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