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ELINA DUDKINA AND VADIM KUSHNIR, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF WILLIAM KUSHNIR, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 20-004729N (2020)

Court: Division of Administrative Hearings, Florida Number: 20-004729N Visitors: 9
Petitioner: ELINA DUDKINA AND VADIM KUSHNIR, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF WILLIAM KUSHNIR, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: W. DAVID WATKINS
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: North Port, Florida
Filed: Oct. 20, 2020
Status: Set for Hearing by Zoom Conference.
Latest Update: Jun. 02, 2024
Summary: Based upon a preponderance of the evidence of record, Petitioner sustained a birth-related neurological injury as defined in sction 766.302(2), and is eligible for benefits under the Plan.

Docket for Case No: 20-004729N
Issue Date Proceedings
May 11, 2021 (Respondent's) Notice of Service of First Interrogatories to Petitioners filed.
May 10, 2021 Order Granting Application to Permit Discovery and Authorize Subpoenas.
May 05, 2021 Order of Pre-hearing Instructions.
May 05, 2021 Notice of Hearing by Zoom Conference (hearing set for September 10, 2021; 9:00 a.m., Eastern Time).
Apr. 30, 2021 Certified Return Receipt received this date from the U.S. Postal Service.
Apr. 30, 2021 Amended Joint Response to Order filed.
Apr. 28, 2021 Petitioners? Response In Opposition To Respondent?s Application To Permit Discovery And Authorize Subpoenas filed.
Apr. 23, 2021 Respondent's Application to Permit Discovery and Authorize Subpoenas filed.
Apr. 22, 2021 Order Denying Motion to Strike.
Apr. 22, 2021 Order Denying Motion for Summary Final Order.
Apr. 08, 2021 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Apr. 06, 2021 Petitioner's Motion for Leave to File Reply to Respondent's Response to Petitioners' Motion to Strike filed.
Apr. 05, 2021 Respondent's Response to Petitioners' Motion to Strike filed.
Mar. 30, 2021 Petitioners' Motion to Strike Respondent's Response to Order and Abuse Accusation from Dr. Michael Duchowny's Independent Neurological Evaluation dated December 16, 2020 filed.
Mar. 23, 2021 Respondent's Response to Order filed.
Mar. 18, 2021 Order Granting Motion for Leave to File a Reply to Petitioners' Response in Opposition to Nica's Motion for Summary Final Order and Granting Leave for Nica to File a Response to Petitioners' Motion in Limine.
Mar. 09, 2021 Respondent's Motion for Leave to File Reply to Petitioners' Response in Opposition to NICA's Motion for Summary Final Order or Alternatively Motion to File Resonse [sic] to Petitioners' Motion in Limine filed.
Mar. 05, 2021 Petitioners' Response in Opposition to NICA's Motion for Summary Final Order and Request for Hearing Pursuant to Sections 766.304, 307 of the Florida Statutes filed.
Feb. 18, 2021 Order Granting Extension of Time.
Feb. 18, 2021 Respondent's Response to Petitioners' Motion for Extension of Time filed.
Feb. 18, 2021 Petitioners' Motion for Extension of Time filed.
Feb. 12, 2021 Joint Stipulation filed.
Feb. 10, 2021 Notice of Filing Motion for Summary Final Order Containing Confidential Information filed.
Feb. 10, 2021 Respondent's Motion for Summary Final Order filed. 
 Confidential document; not available for viewing.
Feb. 01, 2021 CASE STATUS: Pre-Hearing Conference Held.
Jan. 29, 2021 Amended Notice of Pre-Hearing Conference by Zoom (pre-hearing conference set for February 1, 2021; 11:00 a.m., Eastern Time).
Jan. 22, 2021 Notice of Appearance as Counsel of Record and Designation of E-Mail Addresses filed.
Jan. 22, 2021 Notice of Appearance (Robert Culpepper) filed.
Jan. 22, 2021 Notice of Telephonic Pre-hearing Conference (set for January 28, 2021; 2:00 p.m., Eastern Time).
Jan. 19, 2021 Joint Response to Order filed.
Jan. 04, 2021 Notice of Appearance (M Bajalia) filed.
Dec. 30, 2020 Order Granting Respondent's Motion for Protective Order.
Dec. 22, 2020 Order (regarding availability, estimated hearing time, and venue for compensability hearing).
Dec. 22, 2020 Motion to Determine Confidentiality of Document filed.
Dec. 22, 2020 Notice of Filing (Response to Petition for Benefits, not available for viewing) filed. 
 Confidential document; not available for viewing.
Dec. 14, 2020 Order Granting Extension of Time.
Dec. 11, 2020 Motion for Extension of Time in which to Respond to Petition filed.
Nov. 04, 2020 Order (Motion to accept K. Shipley as qualified representative granted).
Oct. 28, 2020 Certified Mail Receipts stamped this date by the U.S. Postal Service.
Oct. 28, 2020 Letter to Kenney Shipley from Loretta Sloan enclosing NICA claim for compensation.
Oct. 28, 2020 Initial Order.
Oct. 26, 2020 Medical Records (Flashdrive, not available for viewing) filed.
Oct. 26, 2020 Medical Records (Flashdrive, not available for viewing) filed.
Oct. 23, 2020 Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
Oct. 20, 2020 Letter to DOAH from Robert Culpepper enclosing hospital's address filed.
Oct. 13, 2020 NICA filing fee Check No. 203; $15.00 filed (not available for viewing).
Oct. 13, 2020 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
Source:  Florida - Division of Administrative Hearings

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