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DORA LEE TOMLIAN AND KEVIN JAMES TOMLIAN, F/K/A JACOB THOMAS TOMLIAN vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 94-002034N (1994)

Court: Division of Administrative Hearings, Florida Number: 94-002034N
Petitioner: DORA LEE TOMLIAN AND KEVIN JAMES TOMLIAN, F/K/A JACOB THOMAS TOMLIAN
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Fort Lauderdale, Florida
Filed: Mar. 25, 1994
Status: Closed
DOAH Final Order on Wednesday, September 27, 1995.

Latest Update: Sep. 27, 1995
Summary: Proof failed to demonstrate that injury received was due to oxygen depletion which occurred in the course of labor and delivery.

Docket for Case No: 94-002034N
Issue Date Proceedings
Sep. 27, 1995 CASE CLOSED. Final Order sent out. Hearing held 06/19/95.
Sep. 12, 1995 Letter to S. Newmark & CC: Parties of Record from WJK (& enclosed petitioners exhibit 3) sent out.
Aug. 24, 1995 (Respondent) Notice of Filing; Transcript filed.
Aug. 17, 1995 Proposed Final Order (for HO signature); Cover Letter filed.
Jul. 07, 1995 Letter to WJK from James Perry (RE: reviewing of records of birth of child on 12/9/88 by c-section) filed.
Jun. 19, 1995 CASE STATUS: Hearing Held.
Jun. 14, 1995 Letter to Parties of Record from WJK (re: panel report) sent out.
Jun. 09, 1995 Plaintiffs Request for Production to Defendant, Florida-Related Neurological Injury Compensation Association filed.
Jun. 09, 1995 (Plaintiff) Notice of Taking Telephone Deposition of Larry Schneck, M.D. filed.
Jun. 02, 1995 Notice of Taking Video Deposition filed. (from D. Moody)
May 11, 1995 Order Rescheduling Hearing On Compensability sent out. (hearing rescheduled for 6/19/95; 12:00pm; Ft. Lauderdale)
May 11, 1995 Order sent out. (motion denied as moot)
May 08, 1995 Subpoena Ad Testificandum filed.
May 02, 1995 (Defendants) Motion for Protective Order And Motion to Quash Subpoenas filed.
Apr. 18, 1995 Order sent out. (request for leave to withdraw as counsel for respondent is granted)
Apr. 17, 1995 (2) Subpoena Ad Testificandum (from Scott Newmark); Letter to DOAH from S. Newark (RE: request for subpoenas) filed.
Apr. 17, 1995 Letter to WJK from S. Newmark (RE: advising date they will subpoena Mark Grenitz) filed.
Apr. 10, 1995 Notice of Appearance and agreed motion for substitution of counsel (Bateman Graham) filed.
Apr. 06, 1995 (Respondent) Motion for Continuance filed.
Mar. 30, 1995 Order sent out. (motion granted)
Mar. 20, 1995 (Respondent) Notice of Noncompensability And Request for Evidentiary Hearing On Compensability filed.
Mar. 20, 1995 (Respondent) Motion to Act As A Qualified Representative Before The Division of Administrative Hearings filed.
Mar. 17, 1995 Order Rescheduling Formal Hearing sent out. (hearing rescheduled for 5/10/95; 8:30am; Ft. Lauderdale)
Mar. 14, 1995 (Petitioner) Notice of Hearing filed.
Mar. 13, 1995 Motion for Continuance of Final Hearing (Petitioner) filed.
Jan. 31, 1995 Letter to WJK from J. Duell (RE: enclosing original medical report of Dr. Duchowny); Letter to J. Duell from M. Duchowny filed (not available for viewing).
Jan. 31, 1995 Order sent out. (motion granted)
Jan. 06, 1995 Order sent out. (respondent`s motion for abeyance is denied)
Jan. 06, 1995 Notice of Hearing sent out. (hearing set for 3/24/95; 8:30am; Ft. Lauderdale)
Jan. 06, 1995 (Humana Hospital) Motion to Intervene filed.
Dec. 09, 1994 (Respondent) Response to Petition And Motion to Hold Proceedings In Abeyance filed.
Nov. 28, 1994 Letter to L. Dickinson from Judge Kendrick enclosing claimants` response filed.
Nov. 21, 1994 Claimant`s 11/18/94 Notice of Compliance With Order Dated November 9,1994 Regarding Record Activity filed.
Nov. 09, 1994 Order sent out. (status report requested within 20 days)
Jun. 30, 1994 NICA Medical Records (not available for viewing).
Jun. 30, 1994 Medical Reports on J. Tomlian; Cover Letter filed.
Apr. 18, 1994 Notification card sent out.
Apr. 18, 1994 Ltr. to L. Dickinson + interested parties from MHL encl. NICA claim for compensation with medical records sent out (cert).
Apr. 15, 1994 Ltr. to MHL from S. Schlesinger enclosing 6 copies of Petition to File Claim Against Mark Steven Grenitz, M.D.; Medical records (to be served on parties) filed.
Mar. 25, 1994 Claimants' 3/22/94 Petition to File Claim Against Mark Steven Grenitz, M.D. Under the Florida Birth-Related Neurological Insjury Compensation Plan; $15.00 filing fee; Medical Records (expando folder) filed.

Orders for Case No: 94-002034N
Issue Date Document Summary
Sep. 27, 1995 DOAH Final Order Proof failed to demonstrate that injury received was due to oxygen depletion which occurred in the course of labor and delivery.
Source:  Florida - Division of Administrative Hearings

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