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JAIMES MCKAUGHAN AND DARLENE MCKAUGHAN, F/K/A MICHAEL MCKAUGHAN vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 93-007132N (1993)

Court: Division of Administrative Hearings, Florida Number: 93-007132N Visitors: 8
Petitioner: JAIMES MCKAUGHAN AND DARLENE MCKAUGHAN, F/K/A MICHAEL MCKAUGHAN
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Tampa, Florida
Filed: Dec. 16, 1993
Status: Closed
DOAH Final Order on Thursday, April 21, 1994.

Latest Update: Aug. 19, 1996
Summary: Petition for benefits under plan which affirmatively averred that infant did not suffer a birth-related neurological injury did not constitute claim.

Docket for Case No: 93-007132N
Issue Date Proceedings
Aug. 19, 1996 (Intervenor) Stipulation for Substitution of Counsel (filed via facsimile).
Aug. 09, 1996 Stipulation for Substitution of Counsel (filed in the Circuit Court) filed.
Mar. 04, 1996 Opinion filed. Issued by the Supreme Court on 2/29/96. Remanded.
Sep. 12, 1995 Oral Argument Notice filed. (from Sid White)
Jul. 31, 1995 Petitioners Kenneth Solomon, M.D. and Kenneth Solomn, M.D. and (Case No. 85-469) Notice of Adoption of Reply Brief Filed on Behalf of Humana Florida, Inc. (Case No. 85-447) filed.
Jul. 31, 1995 Petitioners Kenneth Solomon, M.D. and Kenneth Solomon, M.D., P.A. and Neonatal Associates, Inc.`s Request for Oral Argument filed.
Jun. 15, 1995 Motion for Extension of time (Supreme Court) filed.
May 01, 1995 Second DCA Opinion and Mandate filed.
Apr. 10, 1995 Order postponing decision on jurisdiction and briefing schedule (Supreme Court of Florida) filed.
Apr. 03, 1995 Notice to Invoke Discretionary Jurisdiction (Appellants) filed.
Jan. 17, 1995 (Intervenor) Stipulation for Substitution of Counsel; Order (for judges signature) filed.
Jan. 03, 1995 BY ORDER OF THE COURT filed.
Dec. 29, 1994 Notice of Oral Argument filed by the District Court of Appeal.
Dec. 29, 1994 Letter to M. Lockard from F. Whitson (re: agency found insufficient evidence to support prosecution) filed.
Dec. 29, 1994 Letter to Clerk, Second District Court of Appeal from Teresa Halligan (Re: Patricia Kelly no longer with the firm) filed.
Dec. 27, 1994 Letter to the Second District Court from T. Halligan advising that T. Halligan no longer represent the intervenor filed.
Oct. 06, 1994 Notice of adoption of intervenors/appellants Humana women`s Hospital`s reply brief filed.
Oct. 04, 1994 Check from HCI,INC. in the amount of $116.00 for indexing (Check is being returned as we received payment on July 14, 1994 for the index) filed.
Oct. 03, 1994 Notice of adoption of intervenors/Appellants Florida Birth Related Neurological injury compensation association`s response in opposition to Appellee`s Motion to dismiss appeal filed.
Oct. 03, 1994 Kenneth Solomon, M.D., et al`s response to Appellees` Motion to set case for oral argument after the completion of the briefing based on the welfare of the child filed.
Sep. 28, 1994 Plaintiff`s Notice of Change of Address filed.
Sep. 20, 1994 Amended Index issued.
Sep. 20, 1994 Amended Notice of Appeal filed. (from Philip Parrish-filed with the Second DCA)
Sep. 20, 1994 Motion to allow filing of Amended Notice of Appeal to cure Scrivener`s Error (from Philip Parrish) filed.
Aug. 26, 1994 Letter to J. Arnold from P. Taylor enclosing letter referenced during the August 15, 1994 hearing filed.
Aug. 26, 1994 (Plaintiffs) Notice of Filing filed.
Aug. 18, 1994 Notice of Adoption of intervenors/appellants Humana of Florida, Inc.,d/b/a Humana Women`s Hospital *Tampa`s Brief filed.
Aug. 16, 1994 Index, Record, Certificate of Record sent out.
Jul. 14, 1994 Payment in the amount of $116.00 for the index filed.
Jul. 01, 1994 Agreed Motion to Consolidate and set Uniform Briefing Schedule filed.
Jun. 22, 1994 Index & Statement of Service sent out.
May 28, 1994 Certificate of Notice of Appeal issued.
May 27, 1994 Letter to DOAH from DCA filed. DCA Case No. 02-94-1757.
May 20, 1994 Certificate of Notice of Appeal sent out.
May 20, 1994 Notice of Appeal (Phillip D. Parrish) filed.
May 18, 1994 Certificate of Notice of Appeal issued.
May 18, 1994 Notice of Appeal filed by W. Brewton.
May 18, 1994 Notice of Joinder in Appeal (from Ted R. Manry) filed.
May 16, 1994 Letter to Parties of Record from WJK sent out (re: lack of jurisdiction)
May 11, 1994 (Joint) Stipulation and Order for Substitution of Counsel w/cover ltr filed.
May 09, 1994 Directions to the Clerk filed.
May 05, 1994 Letter to DOAH from DCA filed. DCA Case No. 2-94-1369.
Apr. 28, 1994 Certificate of Notice of Appeal sent out.
Apr. 28, 1994 Notice of Appeal filed.
Apr. 21, 1994 CASE CLOSED. Final Order Of Dismissal Without Prejudice sent out. Hearing held 03/22/94.
Apr. 13, 1994 (Intervenor) Notice of Filing, Joint Stipulation of Counsel (Circuit Court) filed.
Apr. 08, 1994 Letter to WRC from Jeffrey S. Russell (Re: Letter dated March 31 regarding the representation of Beekman Place Utilities Corporation) filed.
Apr. 07, 1994 Letter to CAC from Kelly K. Griffin (re: request for copies of the 18 NICA opinions rendered by Hearing Officer) w/check in the amount of $34.00 filed.
Apr. 07, 1994 Letter to WJK from Mark E. McLaughlin (re: Mr. Lyon`s PRO) filed.
Apr. 05, 1994 Notice of Filing, Deposition of William Capps, M.D. filed.
Apr. 04, 1994 (Unsigned/Proposed) Order Dismissing Petition for Benefits w/cover ltr filed. (From Edward J. Lyons)
Apr. 04, 1994 (Petitioners) Notice of Taking Deposition filed.
Apr. 04, 1994 Objections to Proposed Order Drafted by Mr. Lyons, letter form filed. (From Phillip H. Taylor)
Mar. 31, 1994 Request for Copies filed by Intervenor.
Mar. 31, 1994 Request for Copies filed by Intervenor.
Mar. 31, 1994 Request to Produce filed by Intervenor.
Mar. 31, 1994 (Humana of Fl., Inc.) Response to Request for Copies filed.
Mar. 31, 1994 (Humana of Fl., Inc.) Notice of Cancellation filed.
Mar. 31, 1994 Request to Produce filed by R. Josepher
Mar. 30, 1994 Transcript of Motion Hearing via Telephone filed.
Mar. 30, 1994 Response in Opposition to Petitioners` Motion for Final Summary Order filed by Intervenor.
Mar. 30, 1994 Response to Rule to Show Cause filed by Intervenor.
Mar. 30, 1994 Notice of Filing, Transcript of Proceedings (before Circuit Court Judge J. Arnold) filed.
Mar. 30, 1994 Order RE: Defendant` Capps` Motion for Summary Final Judgment filed.
Mar. 30, 1994 Joint Stipulation of Counsel filed.
Mar. 30, 1994 (Intervenor) Response in Opposition to Petitioners Motion for Final Summary Order filed.
Mar. 30, 1994 (Intervenor) Response to Rule to Show Cause filed.
Mar. 30, 1994 Deposition of Michael S. Duchowny, M.D. filed.
Mar. 28, 1994 Order sent out. (hearing scheduled for 4/13-15/94 is cancelled; A final Order shall be rendered in due course)
Mar. 28, 1994 (Petitioners) Notice of Taking Deposition filed.
Mar. 25, 1994 Motion for Continuance or, in the Alternative, Motion to Accept the Affidavit of Dr. Holmes filed.
Mar. 25, 1994 Notice of Filing, Affidavit of Kenneth Solomon, M.D. filed.
Mar. 25, 1994 (Intervenor) Motion to Compel Response to Request for Production filed.
Mar. 25, 1994 (Intervenors) Response to Order to Show Cause w/Affidavit of Gregory Holmes, M.D. filed.
Mar. 25, 1994 (Petitioners) Response to Request to Produce filed.
Mar. 25, 1994 (Intervenor) Response to Order to Show Cause filed.
Mar. 25, 1994 (Petitioners) Notice of Hearing filed.
Mar. 25, 1994 (Intervenor) Notice of Telephonic Hearing filed.
Mar. 24, 1994 Notice of Taking Deposition Duces Tecum, K. Solomon filed
Mar. 24, 1994 Intervenor, Humana Women`s Hospital - Tampa, List of Witnesses filed.
Mar. 24, 1994 (Petitioners) Amended Notice of Taking Deposition Duces Tecum filed.
Mar. 24, 1994 Intervenor, Humana Women`s Hospital - Tampa Response to Plaintiff`s Amended Request to Produce filed.
Mar. 23, 1994 Notice of Serving Answers to Supplemental Interrogatories filed by Petitioners.
Mar. 23, 1994 Compliance With Order on Motion to Limit Experts filed by Intervenors.
Mar. 23, 1994 Intervenor, Humana Women`s Hospital - Tampa, List of Witnesses filed.
Mar. 23, 1994 (Respondent) Witness List and Designation filed.
Mar. 23, 1994 (Intervenor) Response to Order to Show Cause filed.
Mar. 23, 1994 (Intervenor, Humana Women`s Hospital - Tampa Response to Plaintiff`s Amended Request to Produce filed.
Mar. 23, 1994 (Respondent) Response to Order to Show Cause filed.
Mar. 23, 1994 (Petitioners) Response to Request to Produce filed.
Mar. 22, 1994 Motion to Compel Response to Request for Production filed by Intervenor.
Mar. 22, 1994 Notice of Telephonic Hearing filed by Intervenor.
Mar. 22, 1994 Motion for Protective Order filed by Intervenor.
Mar. 22, 1994 (Intervenor) Response to Order to Show Cause filed.
Mar. 22, 1994 (Intervenor) Motion to Compel Response to Request for Production filed.
Mar. 22, 1994 (Respondents/Intervenors) Notice of Taking Videotape Deposition filed.
Mar. 22, 1994 Intervenor, William L. Capps, M.D., and William L. Capps, M.D. P.A. Amended Witness List filed.
Mar. 22, 1994 (Petitioners) Response to Order to Show Cause w/Exhibit-A filed.
Mar. 21, 1994 Response to Rule to Show Cause filed by Intervenor.
Mar. 21, 1994 Motion for Continuance or, in the Alternative, Motion to Accept the Affidavit of Dr. Holmes filed by Intervenor.
Mar. 21, 1994 Notice of Filing, Affidavit of Kenneth Solomon, M.D.; Affidavit of Gregory Holmes, M.D. filed.
Mar. 21, 1994 (Intervenor) Response in Opposition to Petitioners` Motion for Final Summary Order filed.
Mar. 21, 1994 (Intervenors) Response to Order to Show Cause filed.
Mar. 18, 1994 Plaintiffs` Notice of Service of Interrogatories on Defendant, Florida Birth-Related Neurological Injury Compensation Association filed.
Mar. 18, 1994 Intervenor, Humana Women`s Hospital - Tampa, List of Witnesses filed.
Mar. 16, 1994 Motion to Limit Expert Witnesses filed by Petitioner.
Mar. 16, 1994 Notice of Serving Answers to Supplemental Interrogatories filed by Petitioner.
Mar. 16, 1994 Order sent out. (by 3/17/94, each party to designate expert witnesses; Response to Petitioners` Motion for summary final Order; Hearing set for 3/22/94 by telephone conference call)
Mar. 16, 1994 (Petitioner) Notice of Serving Answers to Supplemental Interrogatories w/Supplemental Interrogatories to Petitioners filed.
Mar. 16, 1994 Subpoena Duces Tecum w/Affidavit of Service filed. (From Phillip H. Taylor)
Mar. 16, 1994 (Petitioner) Notice of Hearing w/Motion to Limit Expert Witnesses filed.
Mar. 15, 1994 (Petitioners) Re-Notice of Taking Deposition Duces Tecum filed.
Mar. 14, 1994 Witness List filed by Respondent.
Mar. 14, 1994 (Intervenor) Request to Produce filed.
Mar. 14, 1994 Intervenor, William L. Capps, M. D. and William L. Capps, M.D. P.A. Witness List filed.
Mar. 11, 1994 (Respondent) Re-Notice of Taking Deposition (Rescheduled from March 1, 1994) filed.
Mar. 11, 1994 (Respondents) Request for Copies filed.
Mar. 09, 1994 Request to Produce filed by Intervenor.
Mar. 09, 1994 Order on Pending Matters and Order to Show Cause sent out. (parties to show cause why this case should not be closed, must file reply within 10 days)
Mar. 09, 1994 Intervenor Humana of Florida, Inc., d/b/a Humana Women`s Hospital Tampa`s Notice of Service of Supplemental Interrogatories on Petitioners filed.
Mar. 09, 1994 (Intervenor) Request to Produce filed.
Mar. 07, 1994 (Respondent) Response to Petition and Request for Hearing on Compensability filed.
Mar. 07, 1994 (Respondents) Notice of Hearing filed.
Mar. 04, 1994 Intervenor Humana of Florida, Inc., d/b/a Humana Women`s Hospital Tampa`s Notice of Service of Supplemental Interrogatories on Petitioners filed.
Mar. 04, 1994 Joint Motion for Date Certain filed.
Mar. 04, 1994 Notice of Hearing filed by Petitioner.
Mar. 04, 1994 Intervenor Humana of Florida, Inc., d/b/a Humana Women`s Hospital Tampa`s Notice of Service of Interrogatories filed.
Mar. 04, 1994 Intervenor Humana of Florida, Inc. d/b/a Humana Women`s Hospital Tampa`s Notice of Serving Answers to Interrogatories filed.
Mar. 04, 1994 Plaintiffs Motion to Shorten Time filed.
Mar. 04, 1994 Plaintiffs Amended Request to Produce filed.
Mar. 04, 1994 (Petitioners) Notice of Taking Deposition Duces Tecum filed.
Mar. 04, 1994 (Respondent) Motion for Protective Order filed.
Mar. 04, 1994 Notice of Hearing filed by Respondent.
Mar. 04, 1994 (Petitioner) Notice of Filing Affidavit of Robert F. Cullen, Jr., M.D.; Affidavit of Robert F. Cullen, Jr., M.D. filed.
Mar. 04, 1994 (Respondent) Motion for Protective Order filed.
Mar. 03, 1994 Notice of Hearing filed by Defendants.
Mar. 03, 1994 Plaintiffs Amended Request to Produce filed.
Mar. 03, 1994 Plaintiffs Motion to Shorten Time filed.
Mar. 03, 1994 (Petitioner) Notice of Hearing (telephonic hearing set for 3/4/94; 9:30am) filed.
Mar. 03, 1994 (Respondent) Motion for Protective Order filed.
Mar. 02, 1994 Order sent out. (Motion for Protective Order Granted)
Mar. 01, 1994 Plaintiffs` Amended Request to Produce filed.
Mar. 01, 1994 (Petitioner) Notice of Serving Answers to Interrogatories filed.
Feb. 28, 1994 Re-Notice of Taking Deposition Duces Tecum, J. Gunderman filed.
Feb. 28, 1994 (Petitioners) Notice of Taking Deposition Duces Tecum filed.
Feb. 28, 1994 (2) Notice of Taking Deposition Duces Tecum filed. (From Phillip H. Taylor)
Feb. 28, 1994 (Petitioners) Motion for Final Summary Order filed.
Feb. 28, 1994 (Respondent) Re-Notice of Taking Deposition filed.
Feb. 28, 1994 (Respondent) Motion for Protective Order filed.
Feb. 28, 1994 (Respondent) Motion for Protective Order filed.
Feb. 25, 1994 Notice of Taking Deposition Duces Tecum filed. (From Phillip H. Taylor)
Feb. 25, 1994 Agreed Order (for Hearing Officer signature) & Cover Letter to WJK from P. Taylor filed.
Feb. 22, 1994 Intervenor Humana of Florida, Inc., d/b/a Humana Women`s Hospital Tampa`s Notice of Service of Interrogatories on Petitioners filed.
Feb. 22, 1994 Order sent out (Amended Petition to Intervene filed on behalf of Kenneth J. Solomon, M.D., Kenneth J. Solomon, M.D., P.A., and Neonatal Associated, Inc. granted subject to proof at hearing)
Feb. 22, 1994 (Petitioners) Notice of Taking Deposition filed.
Feb. 22, 1994 Intervenor Humana of Florida, Inc. d/b/a Humana Women`s Hospital Tampa`s Notice of Service of Interrogatories on Petitioners filed.
Feb. 18, 1994 Respondent`s Response to Motion to Strike Petition for Benefits Pursuant to Florida Statutes, Section 766.301, et.seq filed.
Feb. 18, 1994 Respondent`s Response to Motion to Strike Petition for Benefits Pursuant to Florida Statutes, Section 766.301, et seq. filed.
Feb. 18, 1994 (Petitioners) Notice of Taking Deposition filed.
Feb. 18, 1994 Plaintiffs` Request to Produce filed.
Feb. 17, 1994 (Petitioner) Objection to Petitioner Intervene or in the Alternative Motion to Strike Petition for Intervention filed.
Feb. 17, 1994 (Petitioner) Motion to Strike Petition for Intervention filed.
Feb. 17, 1994 Notice of Hearing Via Telephone filed by Petitioner.
Feb. 16, 1994 Motion to Strike Petition for Benefits Pursuant to Florida Statute Section 766.301, et seq. filed.
Feb. 16, 1994 Plaintiffs` Notice of Service of Interrogatories on Defendant, Humhosco, Inc., d/b/a Humana Women`s Hospital, Tampa filed.
Feb. 16, 1994 Plaintiffs` Notice of Service of Interrogatories on Defendants, William L. Capps, M.D., and William L. Capps, M.D., P.A. filed.
Feb. 15, 1994 Objection to Petition to Intervene or in the Alternative Motion to Strike Petition for Intervention filed by Petitioner.
Feb. 15, 1994 Motion to Strike Petition for Intervention filed by Petitioner.
Feb. 15, 1994 (Petitioners) Notice of Hearing Via Telephone filed.
Feb. 14, 1994 (Petitioner) Notice of Taking Deposition Duces Tecum filed.
Feb. 14, 1994 Emergency Motion for Protective Order and/Or Request for Intervention Gunderman Deposition filed.
Feb. 11, 1994 Letter to Parties of Record from WJK sent out (Re: response from NICA)
Feb. 10, 1994 Amended Petition to Intervene filed by Petitioner.
Feb. 10, 1994 CC Letter to Douglas Moody from Phillip H. Taylor (re: Time & location of hearing) filed.
Feb. 10, 1994 Emergency Motion for Protective Order and/Or Request for Hearing on Intervention Prior to Gunderman Deposition filed by Petitioner.
Feb. 03, 1994 Order sent out. (Re: Petitions of Humana, W. L. Capps, M.D., P.A., and W. L. Capps, M.D. are Granted; Petition of K. J. Solomon, M.D., K. J. Solomon, M.D., P.A., and Neonatal Associates, Inc., are Denied without prejudiced)
Jan. 27, 1994 (Petitioners) Objection to Petition to Intervene filed.
Jan. 24, 1994 (Petitioner) Petition to Intervene filed.
Jan. 24, 1994 (2) Affidavit of Service filed.
Jan. 24, 1994 (Petitioner) Objection to Petition to Intervene filed.
Jan. 21, 1994 (Kenneth J. Solomon, M.D. & Neonatal Associates, Inc.) Petition to Intervene filed.
Jan. 20, 1994 (Petitioners) Re-Notice of Taking Deposition Duces Tecum filed.
Jan. 20, 1994 Subpoena Duces Tecum filed. (From Phillip H. Taylor)
Jan. 18, 1994 Petition to Intervene filed.
Jan. 12, 1994 Supplementary Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. w/Affidavit of David Abramson, M.D., F.A.A.P., F.A.C.E.P. filed.
Jan. 12, 1994 (Petitioner) Notice of Taking Deposition Duces Tecum filed.
Dec. 29, 1993 Notification card sent out.
Dec. 29, 1993 Letter to L. Dickinson from Marguerite Lockard (w/cc: Petition & medical records) sent out.
Dec. 26, 1993 NICA Medical Records (not available for viewing).
Dec. 26, 1993 NICA Medical Records (not available for viewing).
Dec. 21, 1993 NICA Medical Records (not available for viewing).
Dec. 21, 1993 Certification of Birth; CC: Outstanding Bills; Cover Letter to DOAH Clerk from P. Taylor filed.
Dec. 16, 1993 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
Dec. 16, 1993 NICA Medical Records (not available for viewing).

Orders for Case No: 93-007132N
Issue Date Document Summary
Mar. 03, 1995 Opinion
Apr. 21, 1994 DOAH Final Order Petition for benefits under plan which affirmatively averred that infant did not suffer a birth-related neurological injury did not constitute claim.
Source:  Florida - Division of Administrative Hearings

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