Petitioner: NIKKI SMITH, AS MOTHER AND NATURAL GUARDIAN OF NYHKIA LEWIS, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: ELLA JANE P. DAVIS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Hernando, Florida
Filed: May 13, 2009
Status: Closed
DOAH Final Order on Friday, October 8, 2010.
Latest Update: Jun. 23, 2011
Summary: ORDER APPROVING STIPULATION AND JOINT PETITION FOR COMPENSATION OF CLAIM ARISING OUT OF FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTESOrder approving the Association's acceptance of the claim for compensation.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
NIKKI SMITH, as mother and natural guardian of NYHKIA LEWIS, a minor,
Petitioner,
vs.
FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION,
Respondent,
and
ST. PETERSBURG GENERAL HOSPITAL,
Intervenor. | ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) |
Case No. 09-2532N |
ORDER APPROVING STIPULATION AND JOINT PETITION FILED FEBRUARY 10, 2011
This cause came on for consideration upon the Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioner in Connection with Filing of Claim filed February 10, 2011. Upon consideration, it is
ORDERED:
The Stipulation and Joint Petition, filed February 10, 2011, is approved, and the parties are directed to comply with the provisions thereof.
Jurisdiction is reserved to resolve any disputes, shall they arise, regarding the parties' compliance with the terms of this Order.
DONE AND ORDERED this 16th day of February, 2011, 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 16th day of February, 2011.
COPIES FURNISHED:
(Via Certified Mail)
William E. Hahn, Esquire William E. Hahn, P.A.
310 South Fielding Avenue Tampa, Florida 33606-2225
(Certified Mail No. 7010 1670 0000 3097 0546)
Kenney Shipley, Executive Director Florida Birth Related Neurological
Injury Compensation Association 2360 Christopher Place, Suite 1
Tallahassee, Florida 32308
(Certified Mail No. 7010 1670 0000 3097 0553)
George Stark, Esquire 708 East Jackson Street |
|
Tampa, Florida 33602 (Certified Mail No. 7010 1670 |
0000 |
3097 |
0560) |
Randy J. Ogden, Esquire Ogden & Sullivan, P.A. 113 South Armenia Avenue Tampa, Florida 33609 (Certified Mail No. 7010 1670 |
0000 |
3097 |
0577) |
Robert J. Grace, Jr., Esquire Stiles, Taylor & Grace, P.A. Post Office Box 460 Tampa, Florida 33601 (Certified Mail No. 7010 1670 |
0000 |
3097 |
0584) |
Wilfredo Lorenzo, M.D. Gulfcoast OB/GYN
6700 Crosswind Drive, North Suite 200A
St. Petersburg, Florida 33710
(Certified Mail No. 7010 1670 0000 3097 0591)
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. 7010 1670 0000 3097 0607)
Elizabeth Dudek, Deputy Secretary Health Quality Assurance
Agency for Health Care Administration 2727 Mahan Drive, Mail Stop 3
Tallahassee, Florida 32308
(Certified Mail No. 7010 1670 0000 3097 0614)
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: 09-002532N
| Issue Date |
Proceedings |
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Jun. 23, 2011 |
Letter to Judge Davis from K. Shipley regarding a response to a letter dated June 17, 2011 filed.
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Jun. 21, 2011 |
Letter to parties of record from Judge Davis.
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Jun. 20, 2011 |
Letter to Judge Davis from Nikki Smith requesting for the rest of earned past parental care money from NICA filed.
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Feb. 25, 2011 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Feb. 22, 2011 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Feb. 22, 2011 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Feb. 18, 2011 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Feb. 16, 2011 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Feb. 16, 2011 |
Order Approving Stipulation and Joint Petition Filed February 10, 2011.
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Feb. 10, 2011 |
Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioner in Connection with Filing of Claim filed.
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Oct. 15, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 13, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Oct. 08, 2010 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Oct. 08, 2010 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Oct. 08, 2010 |
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. 01, 2010 |
Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury filed.
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Sep. 29, 2010 |
Letter to parties of record from Judge Davis.
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May 28, 2010 |
Letter to Judge Davis from G. Stark regarding an acknowledge receipt filed.
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May 19, 2010 |
Letter to parties of record from Judge Davis.
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May 18, 2010 |
Notice of Appearance (of R. Grace) filed.
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May 11, 2010 |
Stipulation and Joint Petition for Compensation of Claim Arsing out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statues and Medical Records filed (not available for viewing). |
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May 11, 2010 |
Exhibits to Stipulation and Joint Petition for Compensation filed (not available for viewing). |
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May 11, 2010 |
Notice of Filing. (Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Neurological Injury Pursuant to Chapter 766, Florida Statutes)
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May 11, 2010 |
Affidavit of Nikki Smith filed.
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May 11, 2010 |
Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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May 06, 2010 |
Response to Order filed.
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May 05, 2010 |
Response to Order to Show Cause filed.
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Apr. 29, 2010 |
Order (parties are granted 10 days from the instant date in which to show cause why Respondent NICA's proposal to accept the claim as compensable should not be approved and a hearing solely on the award of benefits should not be scheduled).
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Feb. 16, 2010 |
Intervenor, St. Petersburg General Hospital's Response to Show Cause Order filed.
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Feb. 11, 2010 |
Response to Order to Show Cause filed.
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Jan. 13, 2010 |
Order to Show Cause.
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Jan. 13, 2010 |
Notice.
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Jan. 07, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Gulf Coast OB/GYN).
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Jan. 06, 2010 |
Response to Oder to Show Cause filed.
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Dec. 31, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Dec. 31, 2009 |
Order.
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Dec. 11, 2009 |
Order to Show Cause.
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Oct. 22, 2009 |
Order Granting Petition to Intervene (St. Petersburg General Hospital).
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Oct. 07, 2009 |
Petition to Intervene on Behalf of St. Petersburg General Hospital filed.
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Oct. 02, 2009 |
Notice of Case Reassignment.
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Sep. 18, 2009 |
Letter to W. Hahn and G. Stark from K. Shipley enclosing copies of medical evaluations Medical Records filed (not available for viewing). |
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Sep. 18, 2009 |
Letter to W. Hahn and G. Stark from K. Shipley enclosing copies of medical evaluations filed.
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Jun. 29, 2009 |
Order Granting Extension of Time (response to petition to be filed by September 23, 2009).
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Jun. 25, 2009 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Jun. 08, 2009 |
Order (Motion to accept K. Shipley as qualified representative granted).
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Jun. 05, 2009 |
Response to Motion to Act as Qualified Representative filed.
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May 28, 2009 |
Motion to Act as Qualified Representative Before the Division of Administrative Hearings filed.
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May 18, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service.
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May 14, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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May 14, 2009 |
Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
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May 14, 2009 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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May 13, 2009 |
NICA filing fee (Check No. 1326; $15.00) filed (not available for viewing). |
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May 13, 2009 |
Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
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May 13, 2009 |
Referral Letter filed.
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Orders for Case No: 09-002532N
| Issue Date |
Document |
Summary |
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Feb. 16, 2011 |
Upper Tribunal Document Filed
|
Order Approving Stipulation and Joint Petition Filed February 10, 2011.
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Oct. 08, 2010 |
DOAH Final Order
|
Order approving the Association's acceptance of the claim for compensation.
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