Petitioner: YAIMA OROZCO AND MAYKEL AMADOR, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF YAIKEL AMADOR, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: SUSAN BELYEU KIRKLAND
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Miami, Florida
Filed: Oct. 08, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, April 5, 2012.
Latest Update: Apr. 05, 2012
Summary: Final order approving parties' stipulated award.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
YAIMA OROZCO AND MAYKEL AMADOR, | ) |
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ON BEHALF OF AND AS PARENTS AND | ) |
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NATURAL GUARDIANS OF YAIKEL | ) |
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AMADOR, A MINOR, | ) |
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Petitioners, | ) |
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vs. | ) | Case | No. | 08-4985N |
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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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KENDALL REGIONAL MEDICAL | ) |
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CENTER, FRANCISCO G. TUDELA, | ) |
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M.D., and FRANCISCO G. TUDELA, | ) |
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M.D., P.A., | ) ) |
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Intervenors. | ) |
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FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD
This cause came on to be heard pursuant to Section 766.31, Florida Statutes, upon the Stipulation for Entry of Award, filed July 23, 2009.
After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is
ORDERED that:
The Stipulation for Entry of Award, filed July 23, 2009, is approved, and the parties are directed to comply with the provisions thereof.
Petitioners, Yaima Orozco and Maykel Amador, as the parents and natural guardians of Yaikel Amador, 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), attorney's fees and other expenses of Seven thousand five hundred dollars ($7,500.00), and past expenses, the claims of Petitioners (Claimants) shall be deemed fully satisfied and extinguished. No provision is made for the payment of future expenses, as Yaikel Amador is deceased.
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.
DONE AND ORDERED this 23rd day of July, 2009, 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
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 23rd day of July, 2009.
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. 91 7108 2133 3935 7992 4574)
Scott E. Solomon, Esquire
Falk, Waas, Hernandez, Cortina, Solomon & Bonner, P.A.
Two Alhambra Plaza, Suite 750 Coral Gables, Florida 33134 |
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(Certified Mail No. 91 7108 2133 | 3935 | 7992 | 4581) |
Orlando R. Ruiz, Esquire Law Offices of Orlando R. Ruiz Offices at Pinecrest, Suite 200 7695 Southwest 104th Street Miami, Florida 33156 (Certified Mail No. 91 7108 2133 |
3935 |
7992 |
4598) |
David W. Black, Esquire Frank, Weinberg & Black, P.L. 7805 Southwest Sixth Court Plantation, Florida 33324 |
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(Certified Mail No. 91 7108 2133 3935 | 7992 | 4604) |
Deborah J. Gander, Esquire Colson Hicks Eidson 255 Aragon Avenue, No. 200 Coral Gables, Florida 33134 (Certified Mail No. 91 7108 2133 3935 |
7992 |
4611) |
Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health 4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275 (Certified Mail No. 91 7108 2133 3935 |
7992 |
4628) |
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: 08-004985N
| Issue Date |
Proceedings |
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Apr. 05, 2012 |
Order Approving Stipulation and Closing File. CASE CLOSED.
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Apr. 03, 2012 |
Stipulation to Close Administrative Proceeding filed.
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Apr. 03, 2012 |
Letter to Judge Kirkland from D. Black regarding stipulation to close administrative proceeding filed.
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Oct. 01, 2009 |
Non receipt of certified mail for Colson Hicks Eidson filed.
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Jul. 28, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service. (Orlando R. Ruiz)
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Jul. 28, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service. (Scott E. Solomon)
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Jul. 28, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service. (David Black)
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Jul. 24, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service. (Kenney Shipley)
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Jul. 24, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service. (Charlene Willoughby)
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Jul. 23, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jul. 23, 2009 |
Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
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Jul. 23, 2009 |
Stipulation for Entry of Award filed.
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Jul. 10, 2009 |
Letter to parties of record from Judge Kendrick acknowledging receipt of the parties' Stipulation for Entry of Award.
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Jul. 09, 2009 |
Stipulation for Entry of Award filed.
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Jun. 19, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 18, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 17, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jun. 12, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jun. 12, 2009 |
Final Order on Compensability and Notice (hearing held April 20, 2009). JURISDICTION RETAINED.
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Jun. 08, 2009 |
Letter to parties of record from Judge Kendrick regarding Petitioners' Exhibits 5, 6, 7, and 8.
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Jun. 01, 2009 |
(Intervenor's Proposed) Final Order filed.
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May 20, 2009 |
Videotaped Deposition of Armando De La Torre, M.D. Medical Records filed (not available for viewing). |
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May 18, 2009 |
Letter to parties of record from Judge Kendrick acknowledging receipt of your letter of May 13, 2009, with the enclosed copy of the Kendall Regional Medical Center chart for Yaima Orozco.
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May 14, 2009 |
Intervenor Francisco G. Tudela, M.D.`s Proposed Findings of Fact and Conclusions of Law filed.
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May 14, 2009 |
Letter to Judge Kendrick from D. Gander enclosing Petitioner`s Exhibit 8 (exhibit not available for viewing) filed.
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May 13, 2009 |
Letter to parties of record from Judge Kendrick regarding awaiting response to the letter of May 1, 2009.
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May 11, 2009 |
(Respondent`s Proposed) Final Order filed.
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May 07, 2009 |
Order Granting Extension of Time (proposed final orders to be filed by June 1, 2009).
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May 06, 2009 |
Transcript of Proceedings Medical Records filed (not available for viewing). |
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May 06, 2009 |
Letter to Judge Kendrick from S. Solomon regarding request for extension to file Proposed Findings of Fact and Memorandum of Law filed.
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May 06, 2009 |
Transcript of Proceedings filed. |
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May 06, 2009 |
Notice of Filing (of Transcript) filed.
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May 01, 2009 |
Letter to parties of record from Judge Kendrick acknowledging receipt of your Motion to Supplement Record.
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Apr. 30, 2009 |
Petitioners` Proposed Findings of Fact & Conclusions of Law filed.
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Apr. 29, 2009 |
Petitioners' Motion to Supplement the Record Nunc Pro Tuno Medical Records filed (not available for viewing). |
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Apr. 29, 2009 |
Petitioners` Motion to Supplement the Record Nunc Pro Tuno (exhibits not available for viewing) filed.
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Apr. 21, 2009 |
Letter to parties of record from Judge Kendrick acknowledging receipt of Dr. de la Torres` deposition with Exhibits E, F, and G.
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Apr. 21, 2009 |
Plaintiffs` Notice of Filing (of deposition of Armando de la Torre, M.D, and exhibits; deposition and exhibits not available for viewing) filed.
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Apr. 21, 2009 |
Letter to Judge Kendrick from D. Black enclosing Exhibits from hearing held April 20, 2009 (exhibits not available for viewing) filed.
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Apr. 21, 2009 |
Videotaped Deposition of Armando de la Torre, M.D. (with signed certificate of service) filed.
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Apr. 20, 2009 |
Plaintiffs Notice of Filing Medical Records filed (not available for viewing). |
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Apr. 20, 2009 |
Medical Records filed (not available for viewing). |
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Apr. 20, 2009 |
Letter to parties of record from Judge Kendrick regarding exhibits E, F, and G of the deposition of Dr. de la Torre.
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Apr. 20, 2009 |
CASE STATUS: Hearing Held. |
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Apr. 20, 2009 |
Plaintiffs` Notice of Filing (of deposition of A. de la Torre) filed.
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Apr. 17, 2009 |
Videotaped Deposition of Mayra Gonzalez Medical Records filed (not available for viewing). |
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Apr. 17, 2009 |
Videotaped Deposition of Janet Martinez Medical Records filed (not available for viewing). |
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Apr. 17, 2009 |
Plaintiffs` Notice of Filing (of deposition of Armando de la Torre; no enclosures) filed.
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Apr. 17, 2009 |
Videotaped Deposition Mayra Gonzalez filed.
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Apr. 17, 2009 |
Videotaped Deposition of Janet Martinez filed.
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Apr. 17, 2009 |
Letter to Judge Kendrick from S. Solomon enclosing Deposition of M. Gonzalez, Exhibits to the Deposition of M. Gonzalez, Deposition of J. Martinez) filed.
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Apr. 17, 2009 |
Intervenor, Kendall Regional Medical Cneter`s Notice of Filing (deposition of M. Gonzalez, exhibits to the deposition of M. Gonzalez, deposition of J. Martinez) filed.
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Apr. 17, 2009 |
Intervenor, Kendall Regional Medical Center`s Notice of Filing filed.
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Apr. 16, 2009 |
Intervenor, Kendall Regional Medical Center`s Notice of Cancellation of Deposition filed.
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Apr. 14, 2009 |
Intervenor, Kendall Regional Medical Center`s, Notice of Taking Videotaped Deposition Duces Tecum (of A. De La Torre) filed.
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Apr. 13, 2009 |
Intervenor, Kendall Regional Medical Center`s, Notice of Taking Deposition Duces Tecum (of Medical Records Custodian of South Florida Perinatal Medicine) filed.
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Apr. 13, 2009 |
Joint Pre-hearing Stipulation filed.
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Apr. 10, 2009 |
Intervenor, Kendall Regional Medical Center`s, Re-notice of Taking Videotaped Deposition Duces Tecum Agreed to By All Counsel filed.
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Mar. 30, 2009 |
Letter to parties of record from Judge Kendrick.
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Mar. 26, 2009 |
Intervenor Dr. Francisco Tudela`s Witness and Exhibit List filed.
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Mar. 25, 2009 |
Intervenor, Kendall Regional Medical Center`s, Re-notice of Takign Videotaped Deposition Duces Tecum Agreed to by all Counsel (of A. De La Torre, M. Gonzalez) filed.
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Mar. 23, 2009 |
Letter to Judge Kendrick from O. Ruiz regarding request for Order accepting stipulation filed on March 23, 2009 filed.
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Mar. 19, 2009 |
Intervenor, Kendall Regional Medical Center`s, Notice of Taking Deposition Duces Tecum (of A. De La Torre, M. Gonzalez) filed.
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Mar. 16, 2009 |
Stipulation between Petitioner and Inervenor Dr. Francisco Tudela filed.
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Mar. 16, 2009 |
Notice of Filing Stipulation by Intervenor Dr. Francisco Tudela filed.
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Feb. 23, 2009 |
Notice of Appearance (of D. Black) filed.
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Feb. 18, 2009 |
Order of Pre-hearing Instructions.
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Feb. 18, 2009 |
Notice of Hearing by Video Teleconference (hearing set for April 20, 2009; 9:00 a.m.; Miami and Tallahassee, FL).
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Feb. 17, 2009 |
CASE STATUS: Pre-Hearing Conference Held. |
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Feb. 11, 2009 |
Letter to Judge Kendrick from D. Gander regarding Petitioner`s request for determination from Hearing Officer filed.
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Feb. 05, 2009 |
Letter to D. Gander from K. Shipley enclosing a copy of Dr. Willis` medical evaluation filed (not available for viewing). |
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Jan. 22, 2009 |
Order Granting Extension of Time (response to the petition to be filed by February 5, 2009).
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Jan. 22, 2009 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Dec. 12, 2008 |
Order (Francisco G. Tudela, M.D., and Francisco G. Tudela, M.D., P.A. are granted Intervenor status).
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Dec. 03, 2008 |
Order Granting Extension of Time (response to the petition to be filed by January 21, 2009).
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Dec. 02, 2008 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Dec. 02, 2008 |
Defendant, Francisco G. Tudela, M.D., and Francisco G. Tudela, M.D., P.A.`s Motion to Intervene in NICA Proceedings filed.
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Nov. 04, 2008 |
Order (Motion to accept K. Shipley as qualified representative granted).
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Oct. 28, 2008 |
Order (Kendall Regional Medical Center is granted Intervenor status).
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Oct. 24, 2008 |
Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
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Oct. 16, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 15, 2008 |
Kendall Regional Medical Center`s Petition for Leave to Intervene filed.
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Oct. 15, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 14, 2008 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 09, 2008 |
Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
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Oct. 09, 2008 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Oct. 09, 2008 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Oct. 08, 2008 |
NICA filing filed (Check No. 51751; $15.00) filed (not available for viewing). |
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Oct. 08, 2008 |
Letter to DOAH from D. Gander regarding enclosed NICA filing fee filed.
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Oct. 06, 2008 |
Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
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Orders for Case No: 08-004985N
| Issue Date |
Document |
Summary |
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Jul. 23, 2009 |
DOAH Final Order
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Final order approving parties' stipulated award.
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Jun. 12, 2009 |
DOAH Final Order
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Claim was compensable. Delivering OB excused from giving notice, but hospital and OB who provided prenatal care were not, and failed to give notice. Award to be made after hearing.
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