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GWENDOLYN HENRY AND MELVIN HENRY, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF JAHMEL HENRY, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 00-004565N (2000)

Court: Division of Administrative Hearings, Florida Number: 00-004565N Visitors: 3
Petitioner: GWENDOLYN HENRY AND MELVIN HENRY, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF JAHMEL HENRY, A MINOR
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: Nov. 08, 2000
Status: Closed
DOAH Final Order on Thursday, July 12, 2001.

Latest Update: Jul. 12, 2001
Summary: Proof demonstrated that injury infant suffered at delivery (injury to the upper brachial plexus) was not a brain or spinal cord injury. Therefore, claim was not compensable.

Docket for Case No: 00-004565N
Issue Date Proceedings
Jul. 12, 2001 Final Order issued (hearing held June 29, 2001). CASE CLOSED.
Jul. 02, 2001 Deposition of michael Duchowney, M.D. filed.
Jul. 02, 2001 Respondent`s Notice of Filing Deposition (M. Duchowney, M.D.) filed.
Jun. 29, 2001 CASE STATUS: Hearing Held; see case file for applicable time frames.
Jun. 29, 2001 Letter to Counsel from J. Pilkey (regarding conference call in place of video hearing) filed via facsimile.
Jun. 28, 2001 (Proposed) Final Order (filed by J. Pilkey via facsimile).
Apr. 11, 2001 Order Granting Continuance and Re-scheduling Video Teleconference issued (video hearing set for June 29, 2001; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
Apr. 06, 2001 Agreed Motion for Continuance of Hearing (filed Respondent via facsimile).
Mar. 16, 2001 Order Granting Intervention issued (South Broward Hospital District, d/b/a Memorial Hospital West).
Mar. 08, 2001 Notice of Assignment of File filed.
Mar. 07, 2001 Notice of Hearing by Video Teleconference issued (video hearing set for April 23, 2001; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
Mar. 02, 2001 Petition for Leave to Intervene filed by South Broward Hospital District, d/b/a Memorial Hospital West
Feb. 26, 2001 Order Granting Intervention issued (Jose H. Dantos, M.D.; Steven P. Schneider, M.D.; Marvin Newman D.O.; Laura J. Paris, C.N.M.; Newman, Schneider, Santos and Stempel, Inc.; Sheridan Healthcorp, Inc.; and South Broward Hospital District, d/b/a Memorial Hospital West)
Feb. 21, 2001 Advice of Petitioner as to Hearing Date, Time for Hearing and Venue (filed via facsimile).
Feb. 12, 2001 Motion to Intervene in Discovery and Administrative Hearing filed by Sheridan Healthcorp, Inc., Jose M. Santos, M.D., Steven P. Schneider, M.D., Marvin Newman, D.O., Laura J. Paris, C.N.M. and Newman, Schneider, Santos and Stempel, Inc.
Feb. 12, 2001 Respondent`s Notice of Taking Deposition filed.
Feb. 01, 2001 Order issued (the parties are to respond within 14 days from the date of this order).
Jan. 30, 2001 Neurological Evaluation filed (not available for viewing).
Jan. 30, 2001 Notice of Non compensability and Request for Evidentiary Hearing on Compensability filed by Respondent.
Jan. 02, 2001 Order issued (Respondent shall file its response to the Petition by January 30, 2001).
Dec. 22, 2000 (Respondent) Motion for Extension of Time in Which to Respond to Petition filed.
Nov. 20, 2000 Order issued (Respondent`s motion to accept L. Larson as its qualified representative is granted).
Nov. 17, 2000 Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed by L. Larson.
Nov. 09, 2000 Letter to L. Larson from Elma Moore enclosing NICA claim for compensation with medical records.
Nov. 09, 2000 Notice that this case is now before the Division of Administrative Hearings sent out.
Nov. 08, 2000 NICA Medical Records filed (not available for viewing).
Nov. 08, 2000 Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. and filing fee filed.

Orders for Case No: 00-004565N
Issue Date Document Summary
Jul. 12, 2001 DOAH Final Order Proof demonstrated that injury infant suffered at delivery (injury to the upper brachial plexus) was not a brain or spinal cord injury. Therefore, claim was not compensable.
Source:  Florida - Division of Administrative Hearings

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