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  5. ANN GOSHORN AND TOM GOSHORN, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF TALAN GOSHORN, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 08-004813N (2008)

ANN GOSHORN AND TOM GOSHORN, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF TALAN GOSHORN, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 08-004813N (2008)

Court: Division of Administrative Hearings, Florida Number: 08-004813N Visitors: 101
Petitioner: ANN GOSHORN AND TOM GOSHORN, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF TALAN GOSHORN, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Sarasota, Florida
Filed: Sep. 26, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Tuesday, January 28, 2014.
Latest Update: Feb. 05, 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 Stipulation and Joint Petition for resolution of reasonable expenses (attorney's fees and costs).
STATE OF FLORIDA

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


ANN GOSHORN AND TOM GOSHORN, ON

)




BEHALF OF AND AS PARENTS AND

)




NATURAL GUARDIANS OF TALAN

)




GOSHORN, A MINOR,

)





)




Petitioners,

)





)




vs.

)

Case

No.

08-4813N


)




FLORIDA BIRTH-RELATED

)




NEUROLOGICAL INJURY

)




COMPENSATION ASSOCIATION,

)





)




Respondent.

)




)





FINAL ORDER APPROVING STIPULATION AND JOINT PETITION FOR RESOLUTION OF REASONABLE EXPENSES INCURRED BY PETITIONERS IN CONNECTION WITH FILING CLAIM


This cause came on for consideration upon the Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection with Filing of Claim, filed February 17, 2010.

Oral argument and further clarifying advices of counsel were heard by telephonic conference call on February 25, 2010. The parties represented that they have, so far at least, resolved all pending issues and that the evidentiary hearing now scheduled for March 15, 2010, is no longer necessary. The parties further represented that the pending Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by

Petitioners in Connection With Filing Claim, addresses Paragraph 12(c) of the parties' Stipulation and Joint Petition for Compensation of Claim, filed November 16, 2009, which Stipulation and Joint Petition for Compensation of Claim was approved by Final Order Approving Stipulation and Joint Petition for Compensation of Claim entered December 14, 2009. Decretal Paragraph four (4) of the December 14, 2009, Final Order reserves jurisdiction to resolve any dispute as to the interpretation of any provision of the parties' prior stipulation and to resolve any disputes, should they arise, regarding the parties' compliance with the terms of such stipulation and with the December 14, 2009, Final Order.

Accordingly, it is ORDERED:


  1. The Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners In Connection with Filing of Claim is approved, and Respondent shall pay Petitioners' attorney, Jackson McGill, Ten Thousand Dollars ($10,000.00) in attorney's fees and Four Hundred Ten dollars and Fifty Cents ($410.50), in costs/expenses, in lump sum in complete satisfaction and discharge of all attorney's fees and costs to date of this instant Order.

  2. The hearing now scheduled for March 15, 2010, is hereby cancelled.

  3. Jurisdiction is retained as previously provided-for.


DONE AND ORDERED this 26th day of February, 2010, in Tallahassee, Leon County, Florida.

S

ELLA JANE P. DAVIS

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

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


Filed with the Clerk of the Division of Administrative Hearings this 26th day of February, 2010.


COPIES FURNISHED:

(Via certified mail)


Kenney Shipley, Executive Director Florida Birth Related Neurological

Injury Compensation Association

2360 Christopher Place, Suite

Tallahassee, Florida 32308

1


(Certified Mail No. 7008 3230

0001

6307

9814))

Robert J. Grace, Jr., Esquire Stiles, Taylor & Grace, P.A. Post Office Box 460

Tampa, Florida 33601

(Certified Mail No. 7008 3230


0001


6307


9821)

Jackson McGill, Esquire

R. Jackson McGill

1990 Main Street, Suite 750

Sarasota, Florida 34236

(Certified Mail No. 7008 3230


0001


6307


9838)

John Sullivan, Jr., M.D. 2439 Bee Ridge Road Sarasota, Florida 34239

(Certified Mail No. 7008 3230 0001 6307 9845)


Sarasota Memorial Hospital 1700 South Tamiami Trail Sarasota, Florida 34239

(Certified Mail No. 7008 3230 0001 6307 9852)


Amy Rice, Acting Investigation Manager Consumer Services Unit

Department of Health

4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275

(Certified Mail No. 7008 3230 0001 6307 9869)


Elizabeth Dudek, Deputy Secretary Health Quality Assurance

Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3

Tallahassee, Florida 32308

(Certified Mail No. 7008 3230 0001 6307 9876)


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: 08-004813N
Issue Date Proceedings
Feb. 05, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Feb. 04, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Feb. 03, 2014 Undeliverable envelope returned from the Post Office.
Jan. 30, 2014 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 28, 2014 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 28, 2014 Final Order Approving Stipulation. CASE CLOSED.
Jan. 22, 2014 Stipulation Pertaining to Lump Sum Payment for a Bathroom and/or Handicap Modifications of Dwelling filed.
Mar. 08, 2010 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 05, 2010 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 03, 2010 Certified Return Receipt received this date from the U.S. Postal Service.
Mar. 02, 2010 Certified Return Receipt received this date from the U.S. Postal Service.
Feb. 26, 2010 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Feb. 26, 2010 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Feb. 26, 2010 Final Order Approving Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by
Petitioners in Connection with Filing Claim. CASE CLOSED.
Feb. 25, 2010 CASE STATUS: Pre-Hearing Conference Held.
Feb. 23, 2010 Letter to Judge Davis from R. Grace regarding scheduling of telephone conference filed.
Feb. 17, 2010 Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection with Filing of Claim filed.
Jan. 28, 2010 Order of Pre-hearing Instructions.
Jan. 28, 2010 Notice of Hearing by Video Teleconference (hearing set for March 15, 2010; 9:30 a.m.; Sarasota and Tallahassee, FL).
Jan. 27, 2010 Letter to Judge Davis from J. McGill regarding attorneys fees and costs issue filed.
Jan. 22, 2010 Letter to Judge Davis from R. Grace regarding dates for attorney's fees hearing filed.
Jan. 19, 2010 Affidavit filed.
Jan. 05, 2010 Scheduling Order.
Dec. 14, 2009 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Dec. 14, 2009 Petitioner's Motion for Award of Unpaid Medical Expenses filed.
Dec. 14, 2009 Motion for Award of Custodial Care filed.
Dec. 14, 2009 Motion for Attorneys Fees and Costs filed.
Dec. 14, 2009 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. DOAH JURISDICTION RETAINED.
Nov. 16, 2009 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766. Florida Statutes filed.
Nov. 13, 2009 Order Granting Extension of Time (the parties` stipulation to be filed by November 16, 2009).
Nov. 06, 2009 Motion for Extension of Time to Respond to Order filed.
Oct. 07, 2009 Order Granting Continuance (parties to advise status by November 6, 2009).
Oct. 06, 2009 Unopposed Motion for Continuance filed.
Oct. 02, 2009 Notice of Case Reassignment.
Aug. 26, 2009 Respondent, Florida Birth-related Neurological Injury Compensation Association`s, Second Amended Notice of Deposition (of R. Fernandez) filed.
Aug. 03, 2009 Amended Notice of Hearing by Video Teleconference (hearing set for October 8, 2009; 9:00 a.m.; Sarasota and Tallahassee, FL; amended as to venue and date of hearing).
Jul. 28, 2009 Pre-hearing Stipulation filed.
Jul. 27, 2009 Notice of Supplemental Answers to Interrogatories Propounded to Petitioners, Ann and Tom Goshorn filed.
Jul. 02, 2009 Notice of Service of Answers to Interrogatorties Propounded to Petitioners, Ann & Tom Goshorn filed.
Jun. 25, 2009 Respondent, Florida Birth-related Neurological Injury Compensation Association`s, Amended Notice of Deposition (of D. Willis) filed.
Jun. 25, 2009 Respondent, Florida Birth-related Neurological Injury Compensation Association`s, Amended Notice of Deposition (of R. Fernandez) filed.
Jun. 25, 2009 Plaintiff's Notice of Serving Expert Interrogatories to Respondent, Florida Birth-related Neurological Injury Compensation Association filed.
Jun. 23, 2009 Order of Pre-hearing Instructions.
Jun. 23, 2009 Notice of Hearing by Video Teleconference (hearing set for August 6, 2009; 9:00 a.m.; Tampa and Tallahassee, FL).
Jun. 19, 2009 Letter to Judge Kendrick from R. Grace, Jr. enclosing suggested dates for hearing filed.
Jun. 18, 2009 Respondent, Florida Birth-related Neurological Injury Compensation Association`s, Notice of Propounding Expert Interrogatories to Petitioners filed.
Jun. 12, 2009 Notice of Appearance (of J. McGill) filed.
May 07, 2009 Order (granting continuance; parties to advise status by June 12, 2009).
Apr. 24, 2009 Notice of Cancellation of Deposition filed.
Apr. 24, 2009 Motion to Reschedule Final Hearing filed.
Apr. 09, 2009 Order of Pre-hearing Instructions.
Apr. 09, 2009 Notice of Hearing (hearing set for June 23, 2009; 9:00 a.m.; Sarasota, FL).
Apr. 06, 2009 Respondent, Florida Birth-related Neurological Injury Compensation Association`s, Notice of Taking Deposition (of D. Willis) filed.
Apr. 06, 2009 Respondent, Florida Birth-related Neurological Injury Compensation Association`s, Notice of Taking Deposition (of R. Fernandez) filed.
Mar. 23, 2009 Letter to Judge Kendrick from R. Grace, Jr. regarding dates for hearing filed.
Mar. 13, 2009 Notice of Appearance (filed by R. Grace).
Mar. 09, 2009 Order (regarding availability, estimated hearing time, and venue for compensability hearing).
Mar. 06, 2009 Notice of Filing (of doctor's reports) filed (not available for viewing).
Mar. 06, 2009 Response to Petition for Benefits filed.
Feb. 27, 2009 Order Granting Extension of Time (response to petition to be filed by March 12, 2009).
Feb. 26, 2009 Motion for Extension of Time in Which to Respond to Petition filed.
Jan. 12, 2009 Order Granting Extension of Time (response to the petition to be filed by February 27, 2009).
Jan. 09, 2009 Motion for Extension of Time in Which to Respond to Petition filed.
Nov. 17, 2008 Order Granting Extension of Time (response to petition to be filed by January 9, 2009).
Nov. 13, 2008 Motion for Enlargement of Time in Which to Respond to Petition filed.
Nov. 04, 2008 Order (Motion to accept K. Shipley as qualified representative granted).
Oct. 31, 2008 Medical Records filed (not available for viewing).
Oct. 31, 2008 Copy of Dr. Sullivan`s Records filed with the Division of Administrative Hearings (not available for viewing) with a Copy of this Referral Letter on October 31, 2008 filed.
Oct. 24, 2008 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Oct. 14, 2008 Certified Return Receipt received this date from the U.S. Postal Service.
Oct. 08, 2008 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Oct. 08, 2008 Letter to parties of record from Judge Kendrick enclosing a copy of our Clerk`s letter of September 29, 2008, to Kenney Shipley and a copy of the petition for compensation.
Oct. 07, 2008 Undeliverable envelope returned from the Post Office.
Oct. 07, 2008 Certified Return Receipt received this date from the U.S. Postal Service.
Sep. 29, 2008 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Sep. 29, 2008 Notice sent out that this case is now before the Division of Administrative Hearings.
Sep. 29, 2008 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Sep. 26, 2008 NICA filing fee ($15.00; Check No. 1071) filed (not available for viewing).
Sep. 26, 2008 Letter to T. Goshorn and A. Goshorn from K. Alexander regarding filing with the Division of Administrative of Hearings filed.
Sep. 26, 2008 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Orders for Case No: 08-004813N
Issue Date Document Summary
Feb. 26, 2010 DOAH Final Order Final Order approving Stipulation and Joint Petition for resolution of reasonable expenses (attorney's fees and costs).
Dec. 14, 2009 DOAH Final Order Final Order approving Association's acceptance of the claim for compensation.
Source:  Florida - Division of Administrative Hearings
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