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GINA LENDWAY AND DAVID L. LENDWAY, F/K/A DALTON JACOB LENDWAY vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 94-006088N (1994)

Court: Division of Administrative Hearings, Florida Number: 94-006088N Visitors: 17
Petitioner: GINA LENDWAY AND DAVID L. LENDWAY, F/K/A DALTON JACOB LENDWAY
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Tampa, Florida
Filed: Oct. 16, 1995
Status: Closed
DOAH Final Order on Thursday, April 6, 1995.

Latest Update: Aug. 01, 1996
Summary: Final Order approving NICA`s acceptance of claim for compensation.

Docket for Case No: 94-006088N
Issue Date Proceedings
Aug. 01, 1996 CASE CLOSED. Final Order Awarding Attorney`s Fees and Other Expenses sent out. Hearing held 06/05/96.
Jun. 26, 1996 Final Order Awarding Attorneys` Fees and Other Expenses (for Hearing Officer signature); Cover Letter filed.
Jun. 24, 1996 Transcript ; Cover Letter filed.
Jun. 05, 1996 CASE STATUS: Hearing Held.
May 22, 1996 (Respondent) Notice of Cancellation of Deposition filed.
May 17, 1996 Notice of Taking Deposition (NICA) filed.
May 15, 1996 Order sent out. (Motion for continuance is denied)
May 14, 1996 (NICA) Notice of Taking Telephonic Deposition Duces Tecum filed.
May 13, 1996 (Plaintiff) Affidavit of Bill Wagner filed.
May 13, 1996 (Plaintiff) Motion for Continuance filed.
Apr. 24, 1996 Order Rescheduling Hearing on Attorney`s Fees and Expenses sent out. (hearing reset for 6/5/96; 9:00am; Tampa)
Jan. 25, 1996 (Petitioners) Notice of Taking Deposition filed.
Jan. 25, 1996 (NICA) Notice of Taking Deposition filed.
Jan. 25, 1996 (Petitioners) Notice of Taking Deposition filed.
Jan. 25, 1996 (NICA) Order On Respondent`s Motion to Compel Discovery (for Hearing Officer signature) filed.
Jan. 25, 1996 (NICA) Notice of Hearing filed.
Jan. 22, 1996 Order sent out. (re: Discovery)
Jan. 19, 1996 (NICA) Notice of Taking Deposition filed.
Jan. 19, 1996 (NICA) Notice of Hearing filed.
Jan. 18, 1996 Deposition of Anthony W. Cunningham filed.
Jan. 18, 1996 (Respondent) Notice of Filing; filed.
Jan. 18, 1996 Respondent`s Motion to Compel Discovery; Cover Letter; filed.
Dec. 06, 1995 Letter to WJK from David Black (RE: scheduling deposition of Mr. Cunningham) filed.
Dec. 06, 1995 (David Black) Re-Notice of Taking Deposition Duces Tecum filed.
Dec. 05, 1995 Petitioner`s Exhibit 1 filed.
Dec. 05, 1995 Notice of Hearing sent out. (hearing set for 1/30/96; 9:00am; Tampa)
Nov. 28, 1995 Letter to Hearing Officer from Tony Cunningham Re: Response to Hearing Officer`s Order of November 17, 1995 filed.
Nov. 27, 1995 Letter to WJK from David Black (RE: venue and time required for hearing) filed.
Nov. 17, 1995 Order sent out. (parties to advise the hearing officer in writing within 10 days of the date of this Order as to the earliest date they will be prepared for hearing)
Oct. 24, 1995 (NICA) Notice of Taking Deposition Duces Tecum filed.
Oct. 16, 1995 Order Reopening File sent out. (per Respondent`s Motion to issue subpoena)
Oct. 13, 1995 (Respondent) Motion to Issue Subpoena; Cover Letter filed.
Aug. 11, 1995 Notice of Appearance (from David W. Black) filed.
May 19, 1995 Order Approving Request for Lump Sum Distribution sent out. (request granted)
May 05, 1995 Letter to WJK from L. Dickinson (RE: no Objections to the Lendway`s receiving parental award in lump sum) filed.
May 03, 1995 Letter to WJK from G. Lendway (RE: plans for use of the award) filed.
Apr. 06, 1995 CASE CLOSED. Final Order Approving Stipulation and Joint Petition for Compensation of Claim arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes sent out. (facts stipulated)
Apr. 04, 1995 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Mar. 17, 1995 Order sent out. (Motion granted)
Mar. 17, 1995 Letter to b. McNeely from WJK sent out. (RE: enclosing original stipulation which was filed with DOAH on 3/8/95)
Mar. 08, 1995 Neurology Evaluation filed (not available for viewing).
Mar. 08, 1995 Motion to Act as Qualified Representative Before the Division of Administrative Hearings filed.
Mar. 08, 1995 (Respondent) Stipulation and Joint Petition For Compensation of Claim Arising Out of Florida Birth-Related Neurological InJury Pursuant to Chapter 766, Florida Statues. filed.
Jan. 12, 1995 Order sent out. (re: infant examination)
Jan. 03, 1995 Notice of Hearing (from T. Cunningham) filed.
Dec. 23, 1994 Order sent out. (response to Petition due 1/31/95)
Dec. 09, 1994 NICA Medical Records (not available for viewing).
Dec. 09, 1994 CC: Letter to NICA from T. Cunningham (RE: enclosing copies of Dalton`s most recent medical information) filed.
Dec. 09, 1994 (Respondent) Motion for Order Requiring Independent Medical Examination and Request for Telephonic Hearing filed.
Nov. 28, 1994 Motion for Extension of Time in Which to Respond to Petition (Respondent) filed.
Nov. 01, 1994 Notification card sent out.
Nov. 01, 1994 Letter to L. Dickinson & Interested Parties from M. Lockard (w/attached Petition & medical records) sent out.
Oct. 31, 1994 (Kropp) Affidavit in Support of Nica Claim filed.
Oct. 31, 1994 Petition for Compensation Under Florida Birth Related Neurological Injury Compensation Plan; Certification of Birth; (1 Binder) Medical Records; filed.

Orders for Case No: 94-006088N
Issue Date Document Summary
Aug. 01, 1996 Second DOAH FO Additional sum of $6,250 for reasonable Attorney`s Fees and $386.70 for other expenses associated with filing claim for compensation.
Apr. 06, 1995 DOAH Final Order Final Order approving NICA`s acceptance of claim for compensation.
Source:  Florida - Division of Administrative Hearings

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