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IRVIN C. SMITH, AND KRISTELLE K. SMITH, O/B/O MELODY N. SMITH vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 96-003148N (1996)

Court: Division of Administrative Hearings, Florida Number: 96-003148N Visitors: 23
Petitioner: IRVIN C. SMITH, AND KRISTELLE K. SMITH, O/B/O MELODY N. SMITH
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Jacksonville, Florida
Filed: Jul. 05, 1996
Status: Closed
DOAH Final Order on Friday, August 15, 1997.

Latest Update: Jun. 16, 1998
Summary: Infant`s brain anomaly not associated with oxygen deprivation during labor or delivery. Therefore claim not compensable.

Docket for Case No: 96-003148N
Issue Date Proceedings
Jun. 16, 1998 Record Returned from the First DCA filed.
Apr. 15, 1998 Mandate and Opinion for the First DCA filed.
Mar. 30, 1998 (First DCA) Opinion (Affirmed) filed.
Nov. 05, 1997 Index, Record, Certificate of Record sent out.
Oct. 27, 1997 Payment in the amount of $74.00 for indexing filed.
Oct. 20, 1997 Invoice for $74.00 sent out.
Oct. 20, 1997 Index sent out.
Sep. 16, 1997 Letter to DOAH from DCA filed. DCA Case No. 1-97-3560.
Sep. 08, 1997 Certificate of Notice of Appeal sent out.
Sep. 05, 1997 Notice of Appeal filed.
Aug. 15, 1997 CASE CLOSED. Final Order sent out. Hearing held 05/02/97.
Aug. 15, 1997 Petitioners` Notice of Death filed.
Jul. 15, 1997 (Respondent) Proposed Final Order (filed via facsimile).
Jul. 03, 1997 Petitioner`s Proposed Order filed.
Jul. 03, 1997 Petitioner`s Trial Memorandum filed.
Jun. 30, 1997 Notice of Filing filed.
Jun. 30, 1997 Deposition of Dr. Michael Duchowny filed.
Jun. 30, 1997 Deposition of Dr. Lanace Wyble filed.
Jun. 30, 1997 (Respondent) Notice of Filing filed.
Jun. 30, 1997 Joint Notice of Filing Agreed Record (filed via facsimile).
Jun. 12, 1997 Notice of Taking Telephone Deposition (filed via facsimile).
Jun. 12, 1997 Notice of Taking Telephonic Deposition filed.
May 20, 1997 Notice of Filing filed.
May 20, 1997 Deposition of Dr. Charles Kalstone filed.
May 05, 1997 Order sent out. (hearing cancelled; parties` stipulation is approved; PRO`s due by 7/15/97; parties to file agreed record by 6/30/97)
May 01, 1997 (Respondent) Unopposed Motion for Continuance filed.
Apr. 28, 1997 (Robert Winicki) Notice of Change of Address and Telephone Number filed.
Apr. 17, 1997 Memorandum to Parties of Record from WJK (re: hearing time changed to 9:30am) sent out.
Apr. 04, 1997 (Defendant) Cross-Notice of Taking Deposition (filed via facsimile).
Mar. 17, 1997 Petitioners` Notice of Deposition of Dr. Michael Duchowny filed.
Mar. 17, 1997 Petitioners` Amended Notice of Deposition of Dr. Charles Kalstone filed.
Mar. 05, 1997 Petitioners` Notice of Deposition of Dr. Charles Kalstone filed.
Mar. 05, 1997 Petitioners` Notice of Deposition of Dr. Lance Wyble filed.
Mar. 05, 1997 Petitioners` First Request for Documents filed.
Feb. 18, 1997 (Douglas Moody) Notice of Substitution of Counsel filed.
Jan. 14, 1997 Notice of Hearing sent out. (hearing set for May 6-7, 1997; 10:30am; Jacksonville)
Dec. 30, 1996 Petitioners` Response to Timing for Hearing filed.
Dec. 20, 1996 Order sent out. (parties are to advise the undersigned in writing by/3/96, as to the earliest date they will be prepared to proceed to hearing)
Dec. 18, 1996 (Respondent) Notice of Assignment of File filed.
Dec. 18, 1996 (Respondent) Notice of Noncompensability and Request for Evidentiary Hearing on Compensability filed.
Dec. 10, 1996 Order sent out. (Respondent has until 12/15/96 to respond to claim)
Nov. 22, 1996 (W. Douglas Moody) Notice of Appearance and Request for Extension of Time (filed via facsimile).
Oct. 22, 1996 Order sent out. (request for extension of time to respond to petition is granted; motion for judgment by default & other relief is denied)
Oct. 10, 1996 Petitioner`s Motion for Entry of Judgment In Their Favor By Default and Request for Hearing on the Amount and Form of Compensation filed.
Oct. 04, 1996 Letter to WJK from Lynn Dickinson (RE: unable to determine compensability on Melody Smith) filed.
Sep. 10, 1996 Order sent out. (Respondent to respond to claim for benefits by 10/4/96)
Aug. 23, 1996 (Respondent) Motion for Extension of Time In Which to Respond to Petition filed.
Aug. 06, 1996 Order sent out. (L. Dickinson Accepted as Qualified Representative)
Aug. 05, 1996 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Jul. 10, 1996 Notification card sent out.
Jul. 10, 1996 Ltr. to L. Dickinson + interested parties from MHL encl. NICA claim for compensation with medical records sent out.
Jul. 05, 1996 NICA Medical Records filed (not available for viewing).
Jul. 05, 1996 Petition Seeking Compensation for Birth Related Neurological Injury Under Chapter 766 of the Florida Statutes; $15.00 Filing Fee (Ck# 459); Medical Records; Cover Letter from R. Winicki filed.

Orders for Case No: 96-003148N
Issue Date Document Summary
Aug. 15, 1997 DOAH Final Order Infant`s brain anomaly not associated with oxygen deprivation during labor or delivery. Therefore claim not compensable.
Aug. 15, 1997 DOAH Final Order
Source:  Florida - Division of Administrative Hearings

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