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CHRISTINE WEISS AND ERIC WEISS, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDINAS OF MARSTON WEISS, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 00-001108N (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001108N
Petitioner: CHRISTINE WEISS AND ERIC WEISS, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDINAS OF MARSTON WEISS, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Jacksonville, Florida
Filed: Mar. 10, 2000
Status: Closed
DOAH Final Order on Thursday, July 12, 2001.

Latest Update: Oct. 07, 2002
Summary: Proof failed to demonstrate that injury resulted from oxygen deprivation during labor, delivery, or resuscitation in the immediate post-delivery period; or that infant was permanently and substantially physically impaired. Claim not compensable.

Docket for Case No: 00-001108N
Issue Date Proceedings
Oct. 07, 2002 Mandate filed.
Sep. 19, 2002 Opinion filed.
Mar. 22, 2002 Petitioners/Appellants Motion for Extension of Time filed.
Jan. 15, 2002 Index, Record, Certificate of Record sent out.
Jan. 11, 2002 Received payment in the amount of $87.00
Sep. 24, 2001 Statement of Service Preparation of Record sent out.
Sep. 24, 2001 Index sent out.
Aug. 16, 2001 Letter to DOAH from the District Court of Appeal filed. DCA Case No. 1D01-3242
Aug. 10, 2001 Certified Notice of Administrative Appeal sent out.
Aug. 09, 2001 Notice of Administrative Appeal (filed by J. Slama via facsimile).
Jul. 12, 2001 Final Order issued (hearing held February 27, 2001). CASE CLOSED.
Jun. 01, 2001 (Proposed) Final Order (filed via facsimile).
May 23, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
May 17, 2001 Order issued (the record is closed and the parties are accorded 15 days from the date of this order to file proposed final orders).
May 10, 2001 Petitioners Motion for Administrative Hearing (filed via facsimile).
May 08, 2001 Notice of Filing, Deposition of Harry Abrams, M.D. (filed via facsimile).
May 03, 2001 Subpoena for Deposition filed.
Apr. 23, 2001 Re-Notice of Taking Telephone Depositions(s) (Time change only) filed.
Apr. 09, 2001 Re-Notice of Taking Telephone Deposition(s) filed by Petitioners.
Apr. 04, 2001 Order issued (Petitioners shall conduct and submit the deposition of Dr. Harvey Abrams by May 9, 2001).
Apr. 02, 2001 Request for Extension of Time to Conduct and Submit Depositions (filed by Petitioners via facsimile).
Mar. 29, 2001 Notice of Taking Telephone Deposition (of H. Abrams) filed.
Mar. 22, 2001 Transcript (1 volume) filed.
Mar. 12, 2001 Order issued (the Petitioner`s shall conduct and submit the depositions of Drs. Harvey Abrams and Michael Sisbarro by April 9, 2001).
Mar. 08, 2001 Request for Extension of Time to Conduct and Submit Depositions (filed via facsimile).
Mar. 05, 2001 Notice of Filing, Cirriculium Vitae Eric Andrew Weiss, M.D. filed.
Feb. 27, 2001 Deposition of Charles Kalstone, M.D. filed.
Feb. 27, 2001 Petitioners` Exhibits filed (not available for viewing).
Feb. 27, 2001 Respondent`s Exhibits filed (not available for viewing).
Feb. 27, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Feb. 27, 2001 Petitioner`s Motion for Verdict and/Or Judgment on the Pleadings and Evidence, filed at Hearing.
Feb. 27, 2001 Deposition of Dr. Michael Duchowny filed.
Feb. 27, 2001 Notice of Filing, Deposition filed.
Feb. 26, 2001 Amended Notice of Video Teleconference issued. (hearing scheduled for February 27, 2001; 8:30 a.m.; Jacksonville and Tallahassee, FL, amended as to location of Tallahassee hearing site).
Feb. 19, 2001 Amended Notice of Video Teleconference issued. (hearing scheduled for February 27, 2001; 8:30 a.m.; Jacksonville and Tallahassee, FL, amended as to location of Tallahassee hearing site).
Jan. 18, 2001 Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for February 27, 2001; 8:30 a.m.; Jacksonville and Tallahassee, FL).
Jan. 18, 2001 Notice of Taking Telephone Video Deposition(s) (M. Sisbarro, M.D.), Subpoena Duces Tecum for Video Deposition filed.
Jan. 18, 2001 Notice of Taking Video Deposition(s) (K. Holmes, M.D.), Subpoena Duces Tecum for Video Deposition filed.
Jan. 18, 2001 Notice of Taking Video Deposition(s) (D. Blackman, M.D.), Subpoena Duces Tecum for Video Deposition filed.
Jan. 18, 2001 Notice of Taking Video Deposition(s) (J. Goldstein, M.D.), Subpoena Duces Tecum for Video Deposition filed.
Jan. 12, 2001 Motion for Continuance (filed by D. Moody via facsimile).
Jan. 12, 2001 Notice of Taking Telephone Video Deposition(s) (K. Holmes, M.D.); Subpoena Duces Tecum for Video Deposition filed.
Jan. 12, 2001 Notice of Taking Video Deposition(s) (O. Damman, M.D.) filed.
Jan. 10, 2001 Notice of Taking Telephone Deposition(s) (M. Duchowny, M.D.) (Petitioners) filed.
Dec. 21, 2000 Respondent`s Notice of Taking Deposition (M. Duchowny, M.D.) filed.
Dec. 18, 2000 Notice of Taking Telephone Depositions (C. Kalstone, M.D.) filed.
Dec. 07, 2000 Notice of Filing - respondent`s response to request to produce filed.
Nov. 22, 2000 Respondent`s Response to Request to Produce filed.
Nov. 07, 2000 Respondent`s Notice of Canceling Telephone Deposition and Rescheduling Telephone Deposition of C. Kalstone filed.
Oct. 26, 2000 Amended Notice of Video Teleconference issued. (hearing scheduled for January 29, 2001; 9:00 a.m.; Jacksonville and Tallahassee, FL, amended as to date of hearing).
Oct. 25, 2000 Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for January 30, 2001; 9:00 a.m.; Jacksonville and Tallahassee, FL).
Oct. 19, 2000 Respondent`s Notice of Canceling Telephone Deposition (filed via facsimile).
Oct. 19, 2000 Joint Motion for Continuance filed.
Oct. 18, 2000 Request to Produce filed by Defendant.
Oct. 17, 2000 Respondent`s Notice of Taking Deposition of C. Kalstone filed.
Oct. 17, 2000 Respondent`s Notice of Taking Deposition of M. Duchowny filed.
Aug. 30, 2000 Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for November 2, 2000; 9:00 a.m.; Jacksonville and Tallahassee, FL).
Aug. 28, 2000 Motion for Continuance (Petitioner) filed.
Aug. 28, 2000 Respondent`s Notice of Canceling Telephone Deposition filed.
Aug. 24, 2000 Notice of Appearance (filed by J. Slama).
Aug. 18, 2000 Notice of Appearance (filed by J. Slama, Esquire, via facsimile).
Aug. 18, 2000 Motion for Continuance (Petitioners) (filed via facsimile).
Aug. 15, 2000 Amended Notice of Video Teleconference issued. (hearing scheduled for September 6, 2000; 9:00 a.m.; Jacksonville and Tallahassee, FL, amended as to Location of Tallahassee video teleconference hearing only).
Jun. 28, 2000 Respondent`s Notice of Taking Telephone Deposition (filed via facsimile)
Jun. 19, 2000 Notice of Video Hearing sent out. (hearing set for September 6, 2000; 9:00 a.m.; Jacksonville and Tallahassee, FL)
May 11, 2000 (Respondent) Notice of Filing; Dr. Duchowny`s medical record filed.
May 08, 2000 Letter to Judge Kendrick from D. Moody Re: Response to Order dated April 20, 2000 (filed via facsimile).
May 08, 2000 Letter to Judge Kendrick from E. Weiss Re: Hearing filed.
Apr. 27, 2000 Notice of Filing (Neurology Evaluation) Medical Records filed (not available for viewing).
Apr. 25, 2000 Order sent out. (parties shall respond within 14 day from the date of this order)
Apr. 24, 2000 Notice of Assignment of File filed.
Apr. 24, 2000 (Respondent) Notice of Noncompensability and Request for Evidentiary Hearing on Compensability filed.
Mar. 20, 2000 Order sent out. (respondent`s motion to accept Lynn Larson as qualified representative is granted)
Mar. 17, 2000 (Respondent) Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
Mar. 13, 2000 Ltr. to L. Larson + interested parties from M. Lockard encl. NICA claim for compensation with medical records sent out.
Mar. 13, 2000 Notification Card sent out.
Mar. 10, 2000 $15.00 Filing Fee (Ck#1511) filed (not available for viewing).
Mar. 10, 2000 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Orders for Case No: 00-001108N
Issue Date Document Summary
Sep. 18, 2002 Mandate
Sep. 18, 2002 Opinion
Jul. 12, 2001 DOAH Final Order Proof failed to demonstrate that injury resulted from oxygen deprivation during labor, delivery, or resuscitation in the immediate post-delivery period; or that infant was permanently and substantially physically impaired. Claim not compensable.
Source:  Florida - Division of Administrative Hearings

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