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JULIE O`BRIEN AND BRIAN O`BRIEN, F/K/A KEEGAN PATRICK O`BRIEN, DECEASED vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 96-001823N (1996)

Court: Division of Administrative Hearings, Florida Number: 96-001823N Visitors: 12
Petitioner: JULIE O`BRIEN AND BRIAN O`BRIEN, F/K/A KEEGAN PATRICK O`BRIEN, DECEASED
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: West Palm Beach, Florida
Filed: Apr. 05, 1996
Status: Closed
DOAH Final Order on Thursday, February 27, 1997.

Latest Update: Apr. 24, 1998
Summary: Proof failed to demonstrate that infant's brain disorder was caused by oxygen deprivation during labor, delivery or resuscitation.

Docket for Case No: 96-001823N
Issue Date Proceedings
Apr. 24, 1998 Record Returned from the 4th DCA received.
Mar. 23, 1998 Opinion filed.
Jul. 21, 1997 Index, Record, Certificate of Record sent out.
Jul. 17, 1997 Index, Record, Certificate of Record sent out.
Jun. 18, 1997 Letter to Stuart Tilghman from Deborah Ash (re; returning check in the amount of $68.00 paid for indexing twice) sent out.
Jun. 04, 1997 Payment in the amount of $68.00 for indexing received.
Apr. 15, 1997 Certificate of Notice of Appeal sent out.
Apr. 14, 1997 Notice to Clerk received.
Mar. 26, 1997 Notice of Appeal received. (Filed by Gary D. Fox)
Feb. 27, 1997 CASE CLOSED. Final Order sent out. Hearing held November 26, 1996.
Feb. 05, 1997 Order sent out. (Respondent`s Motion to strike Petitioner`s "notice of filing" filed 1/24/97 is granted)
Feb. 03, 1997 Petitioners` Response to NICA`s Objection and Motion to Strike Petitioners` Notice of Filing and Motion for Leave to File Deposition Excerpts received.
Jan. 28, 1997 (Respondent) Objection and Motion to Strike Petitioners` Notice of Filing; Cover Letter received.
Jan. 27, 1997 Pages from the Transcript of November 26, 1996; Cover Letter (filed via facsimile) received.
Jan. 24, 1997 Petitioners Brian and Julie O`Brien`s Memorandum In Support of Their Proposed Order filed.
Jan. 24, 1997 (Petitioners) Order on Compensability Hearing (for Judge signature) filed.
Jan. 24, 1997 (Petitioners) Notice of Filing, the Videotaped Deposition of Marta Tippen received.
Jan. 10, 1997 (Proposed) Final Order filed by Respondent.
Dec. 30, 1996 (Respondent) Notice of Filing; Transcript received.
Nov. 26, 1996 CASE STATUS: Hearing Held.
Nov. 22, 1996 (Respondent) Notice to Produce at Final Hearing received.
Nov. 19, 1996 CC: Letter to David Black from Gary Fox (RE: confirmation of conference call) (filed via facsimile) received.
Nov. 18, 1996 Letter to WJK from Gary D. Fox (RE: request for clarification) (filed via facsimile) received.
Aug. 12, 1996 Notice of Hearing sent out. (Hearing set for Nov 26-27, 1996; 10:00am; West Palm Beach)
Aug. 05, 1996 Letter to WJK from David W. Black (RE: available dates for hearing) received.
Aug. 01, 1996 Letter to William Kendrick from David W. Black, RE: hearing date. (filed via facsimile) received.
Jul. 31, 1996 (Respondent) Notice of Non Compensability and Request for Evidentiary Hearing On Compensability received.
Jul. 30, 1996 Letter to WJK from David Black (RE: scheduling of hearing) (filed via facsimile) received.
Jun. 14, 1996 Order sent out. (response to petition due by 7/30/96; available hearing information due by 7/30/96)
Jun. 13, 1996 (NICA) Notice of Telephonic Hearing received.
Jun. 12, 1996 (From G. Fox) Notice of Change of Address received.
Jun. 07, 1996 Petitioner`s Response to Motion for Extension of Time; Cover Letter received.
Jun. 04, 1996 Respondent`s Motion for Extension of Time; Cover Letter received.
May 10, 1996 Letter to L. Dickinson + interested parties from MHL encl. NICA claim for compensation with additional medical records sent out.
May 06, 1996 Petition for Compensation of Claim Arising Out of Florida Birth Related Neurological Injury Pursuant to 766.301 et Seq., Fla. Stat. (1995) filed.
May 03, 1996 Order sent out. (L. Dickinson Accepted as Qualified Representative)
May 03, 1996 Letter to WJK from Robert V. Romani (RE: request to determine Dr. Smith is not deprived of NICA protection because plaintiff`s settled) received.
May 03, 1996 (David W. Black) Notice of Appearance received.
May 03, 1996 (Respondent) Notice of Substitution of Counsel received.
Apr. 26, 1996 Letter to G. Fox & CC: Parties of Record from WJK (re: request for petition for benefits be filed with DOAH) sent out.
Apr. 25, 1996 (Respondent) Motion to Act As a Qualified Representative Before the Division of Administrative Hearings received.
Apr. 25, 1996 Letter to WJK from Gary D. Fox (RE: response to petition/with attachments) received.
Apr. 23, 1996 Letter to L. Dickinson + interested parties from MHL encl. NICA medical records sent out.
Apr. 22, 1996 NICA Medical Records filed (not available for viewing).
Apr. 19, 1996 Notification card sent out. (NOTE: CASE ESTABLISHED PER HO INSTRUCTIONS; MEDICAL RECORDS TO FOLLOW)
Apr. 19, 1996 Letter to L. Dickinson + interested parties from MHL encl. NICA claim for compensation sent out.
Apr. 16, 1996 Letter to WJK from D. Moody (re: notification of tort claim) received.
Apr. 15, 1996 Letter to WJK from W. Douglas Moody (RE: response to Gary Fox`s Correspondence of 4-1-96) filed.
Apr. 11, 1996 Letter to G. Fox & CC: L. Dickinson from MHL (re: request for sets of medical records) sent out.
Apr. 05, 1996 Agency referral letter filed.
Apr. 05, 1996 Letter to G. Fox from L. Dickinson enclosing copy of petition to file a NICA claim filed.
Apr. 05, 1996 Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes; Cover Letter from G. Fox received.
Dec. 01, 1992 NICA Medical Records filed (not available for viewing).

Orders for Case No: 96-001823N
Issue Date Document Summary
Mar. 18, 1998 Opinion
Mar. 18, 1998 Opinion
Feb. 27, 1997 DOAH Final Order
Feb. 27, 1997 DOAH Final Order Proof failed to demonstrate that infant's brain disorder was caused by oxygen deprivation during labor, delivery or resuscitation.
Source:  Florida - Division of Administrative Hearings

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