Petitioner: LILLIAN HENDERSON AND NICKY RAINES, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF JACK RAINES, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: ROBERT J. TELFER III
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Live Oak, Florida
Filed: Apr. 13, 2021
Status: Assigned, not set.
Latest Update: Dec. 22, 2024
Summary: On April 13, 2021, Petitioners, Lillian Henderson and Nicky Raines, on behalf of and as parents and natural guardians of Jack Raines (Jack), a minor, filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. (Petition) with the Division of Administrative Hearings (DOAH) for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The Petition identified Anthony Agrios, M.D., as the physician who provided obstetric ser
Summary: On April 13, 2021, Petitioners, Lillian Henderson and Nicky Raines, on behalf of and as parents and natural guardians of Jack Raines (Jack), a minor, filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. (Petition) with the Division of Administrative Hearings (DOAH) for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The Petition identified Anthony Agrios, M.D., as the physician who provided obstetric services at the birth of Jack on October 24, 2019, at North Florida Regional Medical Center, located in Alachua County, Florida. The Petition also alleges, inter alia, that Jack does not appear to be “permanently and substantially mentally and physically impaired,” and thus would not be qualified for NICA benefits. DOAH served Dr. Agrios, North Florida Regional Medical Center, and NICA with a copy of the Petition on April 20, 2021. On June 4, 2021, NICA filed a Response to Petition for Benefits, which stated its determination that the instant claim is not compensable as the injury does not meet the definition of a “birth-related neurological injury,” as defined in section 766.302(2), Florida Statutes (2019). On August 3, 2021, the parties filed a Joint Notice of Compliance, which stated that the parties did not contest the compensability determination that NICA reached in its Response to Petition for Benefits. On September 8, 2021, the undersigned conducted a telephonic status conference to determine the need for a hearing, if any, and if a hearing is needed, when the parties will be prepared to proceed to a hearing, the issues in dispute, the estimate of time required for hearing, and the choice of venue. The parties indicated that a hearing was not necessary. On September 27, 2021, NICA filed its Motion for Summary Final Order (Motion). Petitioners did not file a response to the Motion within the seven- day time period for a response set forth in Florida Administrative Code Rule 28-106.204(4). The Motion further indicates that Petitioners and Intervenors do not intend to oppose the Motion.NICA's unopposed motion for summary final order is granted where infant did not sustain a birth-related neurological injury.
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