Petitioner: HUYEN PHAM AND TONY NGUYEN ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MADDISON NGUYEN, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Pensacola, Florida
Filed: Nov. 16, 2007
Status: Closed
DOAH Final Order on Tuesday, October 28, 2008.
Latest Update: Nov. 07, 2008
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.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
HUYEN PHAM AND TONY NGUYEN ON | ) |
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BEHALF OF AND AS PARENTS AND | ) |
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NATURAL GUARDIANS OF MADDISON | ) |
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NGUYEN, A MINOR, | ) |
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Petitioners, | ) |
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vs. | ) | Case | No. | 07-5275N |
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FLORIDA BIRTH-RELATED | ) |
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NEUROLOGICAL INJURY | ) |
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COMPENSATION ASSOCIATION, | ) |
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Respondent, | ) ) |
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and | ) ) |
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ROBERT WILLIAM ANDREW, M.D., | ) ) |
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Intervenor. | ) |
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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 Sections 766.304 and 766.305(7), Florida Statutes, upon the Stipulation and Joint Petition of the parties, filed October 23, 2008, 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 Huyen Pham and Tony Nguyen are the parents and legal guardians of Maddison Nguyen (Maddison), a deceased minor; that Maddison was born a live infant on August 15, 2007, at Sacred Heart Hospital, a "hospital" as defined by Section 766.302(6), Florida Statutes, located in Pensacola, Florida; that Maddison's birth weight exceeded 2,500 grams; and that Maddison died
March 2, 2008. The parties have further agreed that Brian Sontag, M.D., and Robert Andrews, M.D., delivered
obstetrical services at Maddison's birth, and at all times material hereto, were "participating physician[s]" 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 Maddison 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:
The Stipulation and Joint Petition of the parties, filed October 23, 2008, is hereby approved, and the parties are directed to comply with the provisions thereof.
Petitioners, Huyen Pham and Tony Nguyen, as the parents and legal guardians of Maddison Nguyen, a deceased minor, are awarded One hundred thousand dollars ($100,000.00), pursuant to Section 766.31(1)(b)1., Florida Statutes, and a death benefit of Ten thousand dollars ($10,000.00), pursuant to Section 766.31(1)(b)2., Florida Statutes, all to be paid in lump sum.
Upon payment of the award of One hundred thousand dollars ($100,000.00), a death benefit of Ten thousand dollars (10,000.00), and past expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished.
The Division of Administrative Hearings retains jurisdiction over this matter to resolve any disputes should they arise, regarding the parties' compliance with the terms of this Final Order.
The hearing scheduled for January 6, 2009, is cancelled.
DONE AND ORDERED this 28th day of October, 2008, 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 28th day of October, 2008.
COPIES FURNISHED:
(Via Certified Mail)
Kenney Shipley, Executive Director Florida Birth Related Neurological
Injury Compensation Association 2360 Christopher Place, Suite 1
Tallahassee, Florida 32308
(Certified Mail No. 7007 2680 0000
Rogelio J. Fontela, Esquire Dennis, Jackson, Martin & Fontela, | 9309
P.A. | 0472) |
1591 Summit Lake Drive, Suite 200 Tallahassee, Florida 32317 (Certified Mail No. 7007 2680 0000 |
9309 |
0489) |
Tony H. Nguyen Huyen Pham 6776 Redfield Street Navarre, Florida 32566 (Certified Mail No. 7007 2680 0000 |
9309 |
0496) |
Tony H. Nguyen Huyen Pham 2807 Roxton Street Sulphur, Louisiana, 70663 |
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(Certified Mail No. 7007 2680 | 0000 9309 | 0526) |
Tana D. Storey, Esquire Brewton Plante, P.A. 225 South Adams Street, Suite |
250 |
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Tallahassee, Florida 32301 (Certified Mail No. 7007 2680 |
0000 9309 |
0502) |
Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health
4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275
(Certified Mail No. 7007 2680 0000 Brian Sontag, M.D. 1340 Upland Crest Court Gulf Breeze, Florida 32563 | 9309 | 0519) |
(Certified Mail No. 7007 2680 0000 | 9309 | 0342) |
Sacred Heart Hospital 5151 North 9th Avenue Pensacola, Florida 32504 (Certified Mail No. 7007 2680 0000 |
9309 |
0335) |
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 the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, 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: 07-005275N
| Issue Date |
Proceedings |
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Nov. 07, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 06, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 04, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 03, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 30, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 30, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 30, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 29, 2008 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Oct. 28, 2008 |
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. CASE CLOSED.
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Oct. 23, 2008 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statues filed.
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Oct. 23, 2008 |
Notice of Filing (Stipulation and Joint Petition for Compensation) filed.
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Oct. 22, 2008 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 6, 2009; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
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Oct. 14, 2008 |
Agreed Motion for Continuance of Final Hearing filed.
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Oct. 09, 2008 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues filed.
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Sep. 24, 2008 |
Amended Notice of Hearing by Video Teleconference (hearing set for October 28, 2008; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL; amended as to date of hearing and hearing site in Pensacola).
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Jul. 30, 2008 |
Notice of Appearance filed.
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Jul. 03, 2008 |
Order of Pre-hearing Instructions.
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Jul. 03, 2008 |
Notice of Hearing by Video Teleconference (hearing set for October 2, 2008; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
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Jul. 03, 2008 |
Order (Motion to Dismiss without Prejudice is denied).
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Jun. 24, 2008 |
Motion to Dismiss Without Prejudice filed.
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Jun. 09, 2008 |
Order (parties shall confer and advise the undersigned in writing no later than June 23, 2008, as to the earliest date they will be prepared to proceed to hearing).
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Jun. 06, 2008 |
Response to Order filed.
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Jun. 04, 2008 |
Robert William Andrew, M.D.`s, Response to Court Order for Case Status filed.
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May 28, 2008 |
Order (parties to advise of status by June 6, 2008).
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Apr. 15, 2008 |
Order (Petitioners provide the requested information to the Association within 20 days of the date of this Order).
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Apr. 14, 2008 |
Letter to Judge Kendrick from K. Shipley requesting letter dated April 10, 2008, be accepted as the Association`s response to the petition for benefits filed.
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Apr. 11, 2008 |
Letter to H. Pham and T. Pham from K. Shippley enclosing copy of medical evaluation and requesting copy of death certificate filed (not available for viewing). |
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Apr. 07, 2008 |
Order Granting Extension of Time (response to the petition to be filed by April 11, 2008).
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Apr. 04, 2008 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Mar. 18, 2008 |
Order Granting Extension of Time (response to the petition to be filed by March 31, 2008).
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Mar. 14, 2008 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Mar. 03, 2008 |
Order Granting Extension of Time (response to the petition to be filed by March 14, 2008).
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Feb. 25, 2008 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Jan. 23, 2008 |
Subpoena Duces Tecum without Deposition filed.
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Jan. 23, 2008 |
Order Granting Extension of Time (response to the petition to be filed by February 25, 2008).
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Jan. 18, 2008 |
Order (Motion to accept K. Shipley as qualified representative granted).
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Jan. 08, 2008 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Jan. 07, 2008 |
Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
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Jan. 07, 2008 |
Robert William Andrews, M.D.`s, Notice of Non-Party Production filed.
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Jan. 02, 2008 |
Order Granting Petition to Intervene sent out.
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Dec. 14, 2007 |
Robert William Andrew, M.D.`s Petition to Intervene filed.
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Dec. 04, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 30, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 28, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 26, 2007 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Nov. 20, 2007 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Nov. 20, 2007 |
Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
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Nov. 20, 2007 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Nov. 16, 2007 |
NICA filing Fee Received (not available for viewing). |
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Nov. 16, 2007 |
Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
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Orders for Case No: 07-005275N
| Issue Date |
Document |
Summary |
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Oct. 28, 2008 |
DOAH Final Order
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Final Order approving the Association`s acceptance of the claim for compensation.
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