Elawyers Elawyers
Ohio| Change

ELAINE AND MICHAEL AMMINO, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MELIAS AMMINO, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 01-001510N (2001)

Court: Division of Administrative Hearings, Florida Number: 01-001510N Visitors: 45
Petitioner: ELAINE AND MICHAEL AMMINO, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MELIAS AMMINO, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Jacksonville, Florida
Filed: Apr. 19, 2001
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, August 6, 2014.

Latest Update: Aug. 15, 2014
Summary: FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESFinal Order approving the Association`s acceptance of the claim for compensation.
01-1510.PDF

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ELAINE and MICHAEL AMMINO, as

parents and natural guardians of MELIAS AMMINO, a minor,


Petitioners,


vs.


FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,


Respondent.

)

)

)

)

)

)

)

) Case No. 01-1510N

)

)

)

)

)

)


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


This cause came on to be heard pursuant to Section 766.304, Florida Statutes, upon the stipulation and joint petition of the parties, filed August 6, 2001, for the entry of an order approving the resolution of a formal claim for compensation benefits heretofore filed in this cause in accordance with the provisions of Chapter 766, Florida Statutes, and a resolution of the exclusive remedy otherwise available as outlined in Chapter 766, Florida Statutes.

By the terms of their stipulation, the parties have agreed that Petitioners, Michael Ammino and Elaine Ammino, are the parents and natural guardians of Melias Ammino (Melias), a minor; that Melias was born a live infant on March 14, 2000, at Broward

General Medical Center, a hospital located in Broward County, Florida; and that his birth weight exceeded 2,500 grams. The parties have further agreed that the physicians delivering obstetrical services during the birth of Melias was

Michael Lewis, M.D. and Thomas Lowe, M.D., and that they were, at all times material hereto, participating physicians in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes. Finally, by their stipulation, the parties have agreed that Melias suffered a "birth-related neurological injury," as that term is defined by Section 766.302(2), Florida Statutes.

After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is

ORDERED that:


  1. The stipulation of the parties, filed of record


    August 6, 2001, is hereby approved, and the parties are directed to comply with the provisions thereof.

  2. Petitioners, Michael Ammino and Elaine Ammino, as the parents and natural guardians of Melias Ammino, are accorded a lump sum award of One hundred thousand dollars ($100,000.00).

  3. Upon payment of the lump sum award of One hundred thousand dollars ($100,000.00) to the parents, attorney's fees and other expenses of Ten thousand five hundred dollars ($10,500.00) incurred in pursuing the subject claim, and payment

    of past expenses, the claims of the Petitioners (claimants) shall be deemed fully satisfied and extinguished, except to the extent of Respondent's continuing obligation under the provisions of Section 766.31, Florida Statutes, to pay future expenses as occurred.

  4. The Division of Administrative Hearings retains jurisdiction over this matter to resolve any dispute as to the interpretation of any provision of the parties' stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation.

DONE AND ORDERED this 8th day of August, 2001, in Tallahassee, Leon County, Florida.


WILLIAM J. KENDRICK

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675 SUNCOM 278-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us


Filed with the Clerk of the Division of Administrative Hearings this 8th day of August, 2001.

COPIES FURNISHED:

(By certified mail)


Woodward Warrick, Esquire Warrick & Forman, P.A.

99 Southeast 1st Street Boca Raton, Florida 33432


Lynn Larson, Executive Director Florida Birth-Related Neurological

Injury Compensation Association 1435 Piedmont Drive, East, Suite 101 Post Office Box 14567

Tallahassee, Florida 32312


Thomas Lowe, M.D.

1600 South Andrews Avenue Suite 319, West

Fort Lauderdale, Florida 33316


Michael Lewis, M.D.

1600 South Andrews Avenue Suite 319, West

Fort Lauderdale, Florida 33316


Broward General Medical Center 1600 South Andrews Avenue

Fort Lauderdale, Florida 33316


Ms. Charlene Willoughby

Agency for Health Care Administration Consumer Services Unit

Post Office Box 14000 Tallahassee, Florida 32308


Mark Casteel, General Counsel Department of Insurance

The Capitol, Lower Level 26 Tallahassee, Florida 32399-0300

NOTICE OF RIGHT TO JUDICIAL REVIEW


A party who is adversely affected by this final order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing one copy of a Notice of Appeal with the Agency Clerk of the Division of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 120.68(2), Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The Notice of Appeal must be filed within 30 days of rendition of the order to be reviewed.


Docket for Case No: 01-001510N
Issue Date Proceedings
Aug. 15, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Aug. 14, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Aug. 11, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Aug. 08, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Aug. 06, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Aug. 06, 2014 Final Order Approving Stipulation for Settlement. CASE CLOSED.
Aug. 04, 2014 (Joint) Stipulation for Settlement filed.
Jun. 06, 2014 Order Continuing Case in Abeyance (parties to advise status by August 6, 2014).
Jun. 02, 2014 Status Report filed.
Mar. 06, 2014 Order Continuing Case in Abeyance (parties to advise status by June 2, 2014).
Mar. 03, 2014 Status Report filed.
Dec. 06, 2013 Order Continuing Case in Abeyance (parties to advise status by March 3, 2014).
Nov. 26, 2013 Status Report filed.
Sep. 23, 2013 Order Continuing Case in Abeyance (parties to advise status by December 2, 2013).
Sep. 20, 2013 Status Report filed.
Aug. 14, 2013 Petitioner's Notice of Filing Class Action Documents filed.
Jul. 24, 2013 Certified Return Receipt received this date from the U.S. Postal Service.
Jul. 23, 2013 Order Placing Case in Abeyance (parties to advise status by September 23, 2013).
Jul. 23, 2013 Motion for Extension to Respond to Petition and to Abate Proceedings filed.
Jul. 23, 2013 Motion for Extension to Respond to Petition and to Abate Proceedings filed.
Jul. 22, 2013 Notice of Appearance (David Black) filed.
Jul. 22, 2013 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jul. 22, 2013 Letter to parties of record from Judge Kirkland.
Jul. 18, 2013 Petition to Determine Benefits filed.
Jul. 18, 2013 Notice of Appearance (David Caldevilla) filed.
Aug. 15, 2001 Order Denying Intervention issued.
Aug. 08, 2001 Notice of Filing, Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Aug. 08, 2001 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 issued. CASE CLOSED.
Aug. 06, 2001 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Jul. 27, 2001 Letter to W. Warrick from L. Larson regarding settlement offer, Neurology Evaluation filed (not available for viewing).
Jul. 27, 2001 Petition for Leave to Intervene (filed by Michael Lewis, M.D. and Thomas Lowe, M.D.).
Jul. 23, 2001 Petition for Leave to Intervene (filed by North broward Hospital District, d/b/a Broward General Medical Center).
Jul. 03, 2001 Order issued (Respondent shall file its response to the Petition by August 2, 2001).
Jul. 02, 2001 Amended Motion for Extension of Time in which to Respond to Petition (filed by Respondent via facsimile).
Jun. 29, 2001 Order issued (Respondent shall respond to the Petition by July 6, 2001).
Jun. 28, 2001 Motion for Extension of Time in which to Respond to Petition filed by Respondent.
May 21, 2001 Order issued (Respondent shall file its response to the Petition by June 29, 2001).
May 18, 2001 Motion for Extension of Time in which to Respond to Petition filed by Respondent.
May 03, 2001 Order issued (Respondent`s motion to accept L. Larson as qualified representative is granted).
May 01, 2001 Motion to Act as a Qualified Representative before the Division of Administrative Hearing filed.
Apr. 23, 2001 Letter to parties of record from Elma Moore enclosing NICA claim for compensation with medical records sent out.
Apr. 19, 2001 NICA Medical Records filed (not available for viewing).
Apr. 19, 2001 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. and filing fee filed.

Orders for Case No: 01-001510N
Issue Date Document Summary
Aug. 08, 2001 DOAH Final Order Final Order approving the Association`s acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer