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  5. CINDY SMITH AND JEFFREY SMITH, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS FOR ABIGAIL SMITH, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 09-004149N (2009)

CINDY SMITH AND JEFFREY SMITH, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS FOR ABIGAIL SMITH, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 09-004149N (2009)

Court: Division of Administrative Hearings, Florida Number: 09-004149N Visitors: 8
Petitioner: CINDY SMITH AND JEFFREY SMITH, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS FOR ABIGAIL SMITH, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: TODD P. RESAVAGE
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Montverde, Florida
Filed: Aug. 03, 2009
Status: Closed
DOAH Final Order on Thursday, January 21, 2021.
Latest Update: May 30, 2013
Summary: This cause came on for consideration upon Petitioners' and Respondent's Stipulation and Joint Petition for Resolution of Reasonable Expenses incurred by Petitioners in Connection with Filing of Claim, filed with the Division on February 2, 2010.Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
STATE OF FLORIDA

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


CINDY SMITH AND JEFFREY SMITH,

)




INDIVIDUALLY AND AS PARENTS AND

)




NEXT FRIENDS FOR ABIGAIL SMITH,

)




A MINOR,

)





)




Petitioners,

)





)




vs.

)

Case

No.

09-4149N


)




FLORIDA BIRTH-RELATED

)




NEUROLOGICAL INJURY

)




COMPENSATION ASSOCIATION,

)





)




Respondent,

)

)




and

)

)




ORLANDO HEALTH, INC., d/b/a

)




WINNIE PALMER HOSPITAL FOR

)




WOMEN & BABIES,

)





)




Intervenor.

)




)





FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD


This cause came on for consideration upon Petitioners' and Respondent's Stipulation and Joint Petition for Resolution of Reasonable Expenses incurred by Petitioners in Connection with Filing of Claim, filed with the Division on February 2, 2010.

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

ORDERED:


  1. The Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes, entered herein and filed January 22, 2010, is attached hereto as Exhibit "A," incorporated herein by reference, and adopted as part of this instant Final Order, entered this date.

  2. Petitioners' and Respondent's stipulation for Respondent to pay McMillen Law Firm Ten Thousand Dollars ($10,000.00) in attorneys' fees and Eight Hundred Twenty-Nine Dollars and Eight Cents ($829.08) in costs/expenses is hereby approved and shall be paid forthwith.

  3. Jurisdiction is retained as previously provided for.


DONE AND ORDERED this 4th 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 4th day of February, 2010.


COPIES FURNISHED:

(Via Certified Mail)


Allison C. McMillen, Esquire McMillen Law Firm

390 North Orange Avenue, Suite 140 Orlando, Florida 32801

(Certified Mail No. 91 7108 2133 3937 0540 1740)


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 3937 0540 1757)


Bradley Paul Blystone, Esquire

Marshall, Dennehey, Warner, Coleman & Goggin

315 East Robinson Street, Suite 550 Orlando, Florida 32801

(Certified Mail No. 91 7108 2133 3937


Robert J. Grace, Jr., Esquire

0540

1764)

Stiles, Taylor & Grace, P.A. Post Office Box 460

Tampa, Florida 33601

(Certified Mail No. 91 7108 2133 3937


0540


1771)

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 3937


0540


1788)

Jennifer Hamm, M.D.

105 West Miller Street Orlando, Florida 32806

(Certified Mail No. 91 7108 2133 3937


0540


1795)

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: 09-004149N
Issue Date Proceedings
Mar. 08, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 25, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
Jan. 21, 2021 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 21, 2021 Final Order Approving Stipulation. CASE CLOSED.
Jan. 11, 2021 Stipulation Pertaining to Lump Sum Payment for Bathroom and/ or Handicap Modifications of Dwelling filed.
May 30, 2013 Order.
May 23, 2013 Notice of Florida Supreme Court Decision in Samples and Motion to Close Case filed.
Sep. 26, 2012 Substitution of Counsel (Robert Grace) filed.
Jun. 27, 2011 Notice of Firm Address Change filed.
Aug. 18, 2010 Order (parties shall provide copy of concluding Supreme Court order or opinion and mandate in Samples, Id., within 20 days of its rendition).
Aug. 06, 2010 Petitioners' Motion for Continuance of Stay filed.
Jun. 01, 2010 Order (on Petitioners' and Respondent's joint motion to stay).
May 19, 2010 Joint Motion to Stay filed.
Feb. 10, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
Feb. 09, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
Feb. 09, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Charlene Willoughby).
Feb. 09, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Robert Grace).
Feb. 09, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Bradley Paul Blystone).
Feb. 09, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Allison Millen).
Feb. 09, 2010 Certified Return Receipt for August 4, 2009, not received from Jennier Hamm, M.D.
Feb. 04, 2010 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Feb. 04, 2010 Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
Feb. 02, 2010 Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection With Filing of Claim filed.
Jan. 26, 2010 Certified Return Receipt received this date from the U.S. Postal Service (McMillen Law Firm).
Jan. 26, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley)
Jan. 26, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Marshall, Dennehey, Wagner, et al.).
Jan. 26, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Stiles, Taylor & Grace).
Jan. 26, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Department of Health).
Jan. 26, 2010 Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
Jan. 22, 2010 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Jan. 22, 2010 Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues.
Jan. 08, 2010 Notice.
Dec. 29, 2009 Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
Dec. 23, 2009 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Dec. 23, 2009 Order (Stipulation and Joint Petition is taken under advisement until 20 days after perfection of service on Dr. Hamm).
Dec. 17, 2009 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
Dec. 15, 2009 Intervenor, Orlando Health Inc.'s Response to Order to Show Cause filed.
Dec. 11, 2009 Order to Show Cause.
Nov. 18, 2009 Notice of Appearance (filed by R. Grace).
Oct. 21, 2009 Report of Donald C,. Willis, M.D. regarding Abigail Smith (not available for viewing).
Oct. 21, 2009 Notice of Filing (copy of report from Donald C. Willis, M.D.).
Oct. 21, 2009 Letter to Allison McMillen from Kenney Shipley agreeing that Abigail Smith suffered a birth-related neurological injury filed.
Oct. 02, 2009 Notice of Case Reassignment.
Sep. 18, 2009 Order Granting Extension of Time (response to the petition to be filed by October 21, 2009).
Sep. 17, 2009 Motion for Extension of Time in Which to Respond to Petition filed.
Aug. 24, 2009 Order (granting Petition for Leave to Intervene filed on bahlaf of Orlando Health, Inc., d/b/a Winnie Palmer Hospital for Women and Babies).
Aug. 24, 2009 Order (Motion to accept K. Shipley as qualified representative granted).
Aug. 18, 2009 Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
Aug. 18, 2009 Certified Return Receipt received this date from the U.S. Postal Service (Winnie Palmer Hospital).
Aug. 13, 2009 Petition for Leave to Intervene in Administrative Proceedings (filed by Orlando Health, Inc., d/b/a Winnie Palmer Hospital for Women & Babies) filed.
Aug. 12, 2009 Motion to Act as A Qualified Representative Before the Division of Administrative Hearings filed.
Aug. 04, 2009 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Aug. 04, 2009 Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Aug. 04, 2009 Notice sent out that this case is now before the Division of Administrative Hearings.
Aug. 03, 2009 NICA Filing Fee (Check No. 2399; $15.00) filed (not available for viewing).
Aug. 03, 2009 Petition for Determination of NICA Coverage filed.
Aug. 03, 2009 Referral Letter filed.

Orders for Case No: 09-004149N
Issue Date Document Summary
Jan. 21, 2021 DOAH Final Order Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
Jan. 21, 2021 DOAH Final Order Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
Feb. 04, 2010 DOAH Final Order Final Order approving and adopting Order Approving Stipulation and providing for attorneys' fees and costs.
Source:  Florida - Division of Administrative Hearings
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