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JUDITH BIRNIE AND FRED BIRNIE, O/B/O ERIC RYAN BIRNIE vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 93-002955N (1993)

Court: Division of Administrative Hearings, Florida Number: 93-002955N
Petitioner: JUDITH BIRNIE AND FRED BIRNIE, O/B/O ERIC RYAN BIRNIE
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Daytona Beach, Florida
Filed: May 26, 1993
Status: Closed
DOAH Final Order on Wednesday, September 3, 1997.

Latest Update: Jun. 09, 2000
Summary: Petitioner entitled to compensation. Child has cerebral palsy with normal IQ, but injury impairs ability to learn and develop.

Docket for Case No: 93-002955N
Issue Date Proceedings
Jun. 09, 2000 Notice of Filing, Agreement for Onetime Lump Sum Payment filed.
Sep. 03, 1997 CASE CLOSED. Final Order Approving Stipulation and Awarding Attorney`s Fees and Other Expenses issued.
Sep. 02, 1997 (Joint) Stipulation for Settlement; Order Approving Stipulation for Settlement filed.
Aug. 07, 1997 Order Approving Parental Award and Providing for Status Report sent out (status report due within 14 days).
Jul. 11, 1997 Notice of Appearance filed by W. David Black.
Jun. 10, 1997 Petitioner`s Status Report filed.
Mar. 27, 1997 Petitioners` Status Response filed.
Mar. 26, 1997 Order sent out. (parties to give status within 30 days)
Mar. 24, 1997 Petitioners` Status Response (filed via facsimile).
Mar. 20, 1997 (Respondent) Status Response filed.
Mar. 13, 1997 Order sent out. (Parties have 10 days to respond in writing regarding status of case and the need to schedule a hearing on any compensation issue) CASE REOPENED.
Mar. 10, 1997 BY ORDER of THE COURT (from the 5th DCA Supreme Court Opinion filed 01/16/97 and Mandate, Record returned from the court) filed.
Mar. 10, 1997 Supreme Court Opinion (Remanded back to DOAH) filed.
Jan. 30, 1997 (Respondent) Status Response filed.
Sep. 19, 1996 Opinion dated 10/20/95 from the Fifth DCA (Affirmed) filed.
Feb. 07, 1995 Index, Record, Certificate of Record sent out.
Dec. 21, 1994 Payment in the amount of $38.00 for indexing filed.
Dec. 07, 1994 Index and Statement of Service sent out.
Oct. 24, 1994 Letter to DOAH from DCA filed. DCA Case No. 5-94-2368. (acknowledgement of notice of appeal)
Oct. 24, 1994 Notice of Errata filed (by D. Moody, Jr.)
Oct. 20, 1994 Certificate of Notice of Administrative Appeal sent out.
Oct. 19, 1994 Notice of Administrative Appeal filed.
Oct. 14, 1994 Request for copy of Final Order filed with check attached from Patricia Murrary.
Sep. 22, 1994 CASE CLOSED. Final Order sent out. Hearing held 09/30/93.
Dec. 06, 1993 Transcript filed.
Dec. 06, 1993 Respondent`s Proposed Recommended Order filed.
Dec. 06, 1993 (Proposed) Order Hearing Officer Determining Facts and Law filed by Larry Sands.
Dec. 06, 1993 Argument of Petitioners in Support of Claim with cover letter filed.
Dec. 01, 1993 Joint Motion for Extension of Time filed.
Nov. 19, 1993 Joint Motion for Extension of Time filed.
Nov. 10, 1993 Notice of Filing Written Questions for Deposition of Dr. Y. B. Auyeung filed by Respondent.
Oct. 27, 1993 Letter to WJK from Larry Sands (regarding transcript) filed.
Oct. 20, 1993 Notice of Filing Deposition of Dr. Y. B. Ayeung Upon Written Questions; Deposition of Dr. Y. B. Auyeung Upon Written Questions; Notice of Taking Deposition Upon Written Questions filed. (from Larry Sands)
Oct. 06, 1993 Joint Prehearing Statement filed.
Sep. 30, 1993 Petition to Invalidate Subpoena and/or Motion for Protective Order filed.
Sep. 30, 1993 CASE STATUS: Hearing Held.
Sep. 29, 1993 Initial Order issued.
Sep. 29, 1993 Notice of Filing Original Subpoena Duces Tecum for Final Hearing and Subpoena Duces Tecum filed. (from Larry Sands)
Sep. 21, 1993 Notice of Taking Deposition filed.
Sep. 10, 1993 Re-Notice of Taking Deposition filed.
Aug. 30, 1993 Notice of Taking Deposition filed.
Aug. 25, 1993 Notice of Taking Deposition filed.
Aug. 11, 1993 Joinder in Motion for Continuance filed.
Aug. 10, 1993 Joinder in Motion for Continuance filed.
Aug. 09, 1993 Order Rescheduling Hearing sent out. (hearing set for 9/30/93; 10:00am; Daytona Beach)
Aug. 05, 1993 Joint Motion for Continuance filed.
Aug. 02, 1993 Notice of Taking Deposition filed (from W. D. Moody, Jr.)
Jul. 26, 1993 Notice of Hearing sent out. (hearing set for 8/17/93; 10:00am; Daytona Beach)
Jul. 26, 1993 Prehearing Order sent out.
Jun. 29, 1993 Videotaped Deposition of Leon I. Charash with Transcript and Notice of Videotape Deposition filed.
Jun. 24, 1993 Letter to WJK from Larry Sands (re: Order entered June 16, 1993) filed.
Jun. 16, 1993 (Initial) Order sent out.
Jun. 02, 1993 Stipulation and Order for Substitution of Counsel filed.
Jun. 02, 1993 Pre-hearing Stipulation filed.
Jun. 02, 1993 Notice of Appearance filed.
Jun. 02, 1993 Telephone Request filed.
Jun. 02, 1993 Notice of Noncompensability and Request for Hearing on Compensability filed.
Jun. 02, 1993 Notice of Erratum filed.
Jun. 02, 1993 Claim Acknowledgement filed.
Jun. 02, 1993 Agency Referral Ltr to SLS from Don Davis filed.
Jun. 02, 1993 Motion for Pre-Trial Conference filed.
Jun. 01, 1993 Notification card sent out.
Jun. 01, 1993 Claimant`s Notice of Additional Witness filed.
May 26, 1993 NICA Medical Records filed (not available for viewing).
May 26, 1993 NICA Medical Records (not available for viewing).
May 26, 1993 Letter to R. Hoch from L. Sands re: enclosing updated medical records filed.
May 26, 1993 Letter to D. Davis from L. Sands re: enclosing updated records from Nemour`s filed.
May 26, 1993 Letter to D. Davis from L. Sands re: enclosing updated records from Baptist Medical Center filed.
May 26, 1993 Letter to L. Sands from D. Davis re: receipt of letter filed.
May 26, 1993 Claim Acknowledgement filed.
May 26, 1993 Motion for Pre-trial Conference filed.
May 26, 1993 Notice of Appearance (filed by W. Moody, Jr.).
May 26, 1993 Motion for Independent Medical Examination filed.
May 26, 1993 Notice of Hearing filed.
May 26, 1993 Order filed.
May 26, 1993 Petition for Compensation for Birth-related Neurological Injury filed.
May 26, 1993 Letter to D. Davis from L. Sands re: enclosing petition and filing fee filed.
May 26, 1993 Letter to L. Dickinson from D. Davis enclosing claim filed.
May 26, 1993 Notice of Noncompensability and Request for Hearing on Compensability; Notice of Erratum filed.
May 26, 1993 Letters to Judge R. Hoch from S. White re: final hearing filed.
May 26, 1993 Notice of Taking Evidentiary Videotape Deposition filed.
May 26, 1993 Claimant`s Witness List filed.
May 26, 1993 Claimant`s Exhibit List filed.
May 26, 1993 ***CASE FORWARDED TO DOAH FROM LES*****
May 26, 1993 Agency Referral Letter to DOAH from E. Farnan; Medical Records filed.
May 26, 1993 NICA Medical Records (not available for viewing).
May 21, 1993 Letter to Judge Hoch from S. Walker (re: notification of jurisdictional change from LES to DOAH) filed.
May 17, 1993 Claimant`s Witness List filed. (filed with LES 5/18/93)
May 17, 1993 Claimant`s Exhibit List filed. (filed with LES 5/18/93)
May 06, 1993 (Petitioners) Notice of Taking Evidentiary Videotape Deposition filed. (filed with LES 5/7/93)
Apr. 29, 1993 Update Medical Records from Dr. Patel, West Volusia Hospital & Easter Seals; & Cover Letter to Judge Hoch from L. Sands filed. (filed with LES 4/30/93)
Mar. 26, 1993 NICA Medical Records (not available for viewing).
Mar. 23, 1993 Letter to Judge Hoch from S. white (re: confirmation of final hearing for 5/26/93; 10:00am) filed. (filed with LES 5/24/93)
Mar. 15, 1993 Letter to Judge Hoch from S. White (re: final hearing; evidence; depositions) filed. (filed with LES 3/15/93)
Nov. 23, 1992 Order filed. (signed by LES Judge) (re: motion hearing on 11/16/92)
Nov. 16, 1992 Notice of Hearing (for motion hearing for 11/16/92) filed.
Oct. 27, 1992 Motion for Independent Medical Examination filed. (filed with LES 10/30/92)
Jun. 10, 1992 Notice of Hearing filed.
Apr. 09, 1992 Claim Acknowledgement filed.
Apr. 08, 1992 (Respondent) Notice of Erratum filed.
Apr. 08, 1992 (Respondent) Motion for Pre-Trial Conference filed. (filed with LES Mgmt Unit 4/10/92 & LES 4/21/92)
Apr. 01, 1992 (Respondent) Notice of Noncompensability and Request for Hearing on Compensability filed. (filed with LES 4/6/92)
Apr. 01, 1992 (Respondent) Notice of Noncompensability and Request for Hearing on Compensability filed. (filed with LES 4/9/92)
Apr. 01, 1992 (Respondent) Notice of Appearance filed. (filed with LES 4/20/92)
Aug. 07, 1991 Update Records & Cover Letter to L. Sands from D. Davis filed.
Jul. 19, 1991 Petition for Compensation for Birth-Related Neurological Injury filed.

Orders for Case No: 93-002955N
Issue Date Document Summary
Sep. 03, 1997 DOAH Final Order
Sep. 03, 1997 DOAH Final Order
Mar. 06, 1997 Mandate
Feb. 06, 1997 Mandate
Dec. 15, 1995 Opinion
Oct. 20, 1995 Opinion
Sep. 22, 1994 DOAH Final Order Petitioner entitled to compensation. Child has cerebral palsy with normal IQ, but injury impairs ability to learn and develop.
Source:  Florida - Division of Administrative Hearings

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