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BRAD STEVENS AND LYNN STEVENS, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW STEVENS, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 02-000839N (2002)

Court: Division of Administrative Hearings, Florida Number: 02-000839N Visitors: 18
Petitioner: BRAD STEVENS AND LYNN STEVENS, ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF MATTHEW STEVENS, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: WILLIAM J. KENDRICK
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: St. Petersburg, Florida
Filed: Feb. 25, 2002
Status: Closed
DOAH Final Order on Wednesday, November 12, 2003.

Latest Update: Jan. 07, 2005
Summary: Petitioners` settlement with the physicians and the nurse midwife barred them from receiving an award under the Plan, even though the claim was compensable and the hospital was entitled to immunity.

Docket for Case No: 02-000839N
Issue Date Proceedings
Jan. 07, 2005 Opinion filed.
Jan. 07, 2005 Mandate filed.
Sep. 14, 2004 Index, Record, and Certificate of Record sent to the District Court of Appeal.
Apr. 01, 2004 Order from the Second District Court of Appeal that check no. 269 from Phelps Dunbar was also received and has been returned with a copy of this letter to that office filed.
Mar. 24, 2004 BY ORDER OF THE COURT: Appellants shall remit the $250 filing fee within 7 days or this appeal will be dismissed.
Jan. 27, 2004 Statement of Service for Preparation of Record mailed to Filing Party.
Jan. 27, 2004 Index transmitted to the District Court of Appeal.
Dec. 12, 2003 Judicial Acts to be Reviewed filed.
Dec. 12, 2003 Petitioners`/Appellants` Directions to Clerk filed.
Dec. 08, 2003 Acknowledgement of New Case No. 2D03-5448 filed.
Dec. 04, 2003 Certified Notice of Administrative Appeal sent to the DCA.
Dec. 03, 2003 Notice of Administrative Appeal filed.
Nov. 18, 2003 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 17, 2003 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 14, 2003 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 13, 2003 Certified Return Receipt received this date from the U.S. Postal Service.
Nov. 12, 2003 Certified Mail Receipt (USPS).
Nov. 12, 2003 Summary Final Order of Dismissal. CASE CLOSED.
Nov. 03, 2003 (Proposed) Final Order (filed by Respondent via facsimile).
Nov. 03, 2003 Notice of Filing Proposed Final Order (filed by Respondent via facsimile).
Oct. 31, 2003 Petitioners` Proposed Order on NICA`s Motion for Final Summary Order (filed via facsimile).
Oct. 22, 2003 Transcript filed.
Oct. 22, 2003 Notice of Filing Original Transcript filed by Respondent.
Sep. 26, 2003 Order. (Intervenors, Morton Plant Hospital Association, Inc.; Catherine Cozad, M.D.; Slayden, Cozad & Hemsath`s Woman to Woman, P.A.; and D.A. Kobliska, C.N.M., are deemed to have withdrawn from these proceedings and, since they are no longer parties, are removed from the service list)
Sep. 26, 2003 Petitioners` Memorandum of Law in Opposition to NICA`s Motion for Final Summary Order (filed via facsimile).
Sep. 25, 2003 Letter to Judge Kendrick from W. Bowles advising of confidential settlement (filed via facsimile).
Sep. 24, 2003 Joint Stipulation of Facts filed.
Sep. 11, 2003 Letter to Judge Kendrick from A. Rosin regarding changing the date of the hearing concerning the issue of the settlement between Dr. Cozad and CNM Kobliska (filed via facsimile).
Sep. 08, 2003 BY ORDER OF THE COURT: Pursuant to the notices of voluntary dismissal filed herein, the appeals are dismissed.
Sep. 04, 2003 Letter to Judge Kendrick from A. Rosin stating the hearing concerning the issues of the settlement has been changed to a telephone conference for the same date and time (filed via facsimile).
Aug. 28, 2003 Letter to Judge Kendrick from J. Martin, Jr., stating the appeals previously filed pertaining to your order on compensability and notice have been voluntary dismissed by the parties filing the same (filed via facsimile).
Aug. 27, 2003 Respondent`s Response to Petitioners` Amendment to Petition filed.
Aug. 26, 2003 (Proposed) Order filed.
Aug. 26, 2003 Respondent`s Stipulated Motion to File Settlement Documents Under Seal filed.
Aug. 21, 2003 Amendement to Petition filed by Petitioner.
Aug. 21, 2003 Letter to Judge Kendrick from T. Crotts stating his clients have settled their disputes with Petitioners and therefore, will no longer participate in these matters filed.
Aug. 20, 2003 Motion for Final Summary Order of Dismissal with Prejudice filed by Respondent.
Aug. 19, 2003 Letter to Judge Kendrick from D. Whittemore stating he has received notices of voluntary of dismissal from each of the parties who appealed April 16, 2003, amended order on compensability and notice (filed via facsimile).
Aug. 18, 2003 Notice of Voluntary Dismissal with Prejudice filed by T. Crotts.
Aug. 13, 2003 Letter to Judge Kendrick from D. Whittemore regarding the status of above referenced matter (filed via facsimile).
Aug. 06, 2003 Letter to Judge Kendrick from A. LaSpada objecting to any cancellation or delay of the hearing (filed via facsimile).
Aug. 04, 2003 Letter to Judge Kendrick from D. Whittemore requesting that the hearing be cancelled (filed via facsimile).
Aug. 01, 2003 Letter to Judge Kendrick from D. Whittemore requesting that the hearing be cancelled filed.
Jul. 31, 2003 Letter to Judge Kendrick from D. Whittemore suggesting hearing be cancelled until Second District Court of Appeal dismisses the appeal, relinquishes jurisdiction, or issues a mandate (filed via facsimile).
Jul. 29, 2003 Order of Pre-hearing Instructions.
Jul. 28, 2003 BY ORDER OF THE COURT: Appellants` agreed motion to stay appeal is granted.
Jul. 22, 2003 Notice of Hearing (hearing set for September 17, 2003; 9:00 a.m.; St. Petersburg, FL).
Jul. 11, 2003 BY ORDER OF THE COURT: Appellees are directed to respond, within 10 days from the date of this order, to appellants` motion to stay appeal.
Jul. 03, 2003 Agreed Motion to Stay Appeal filed by H. Sandridge.
Jul. 01, 2003 Letter to Judge Kendrick from D. Dickey stating parties have not resolved the issues but are continuing to work on issues and an agreement may be reached prior to a hearing (filed via facsimile).
Jun. 27, 2003 BY ORDER OF THE COURT: Appellants` motion to consolidate the above cases is consolidated.
Jun. 04, 2003 Letter to D. Dickey from Judge Kendrick acknowledging receipt of letter off May 21, 2003 issued.
May 27, 2003 Notice of Filing, Amended Order on Compensability and Notice filed by T. Crotts.
May 23, 2003 Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D03-2283.
May 22, 2003 Order from the District Court of Appeal: "Appellant shall provide a conformed copy of the pertinent order(s) within seven days to this court."
May 22, 2003 Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D03-2273.
May 22, 2003 Letter to Judge Kendrick from D. Dickey requesting an additional 30 days to respond or schedule a hearing to resolve issues associated with the award (filed via facsimile).
May 21, 2003 Respondent, Florida Birth-Related Neurological Injury Compensation Association`s Notice of Joinder in Appeal filed.
May 15, 2003 Notice of Administrative Appeal filed by Petitioners.
May 15, 2003 Notice of Appeal filed by T. Crotts.
Apr. 16, 2003 Amended Order on Compensability and Notice issued.
Apr. 14, 2003 Response of Intervenor Morton Plant Hospital Association, Inc. to Petitioners` Memorandum Regarding "Emergency Medical Condition" Issue filed.
Mar. 31, 2003 Petitioners` Response and Memorandum of Law Regarding "Emergency Medical Condition" Issue (filed via facsimile).
Mar. 27, 2003 Order issued. (Petitioner`s are accorded until March 31, 2003, to file their written submittal, all other parties are accorded until April 10, 2003, to file a response to Petitioner`s submittal)
Mar. 21, 2003 Letter to Judge Kendrick from D. Dickey regarding written submittal (filed via facsimile).
Mar. 14, 2003 Order issued. (all parties are accorded until March 21, 2003 to advise the undersigned in writing as to whether they wish to address the issues raised at the hearing by further written submittal)
Mar. 13, 2003 Notice of Substitution of Attorney (filed by H. Rice, III).
Feb. 28, 2003 Order issued. (motion for reconsideration filed by Intervenors is denied, Petitioner`s motion for reconsideration to amend final order is granted, the order on compensability and notice entered February 7, 2003, is vacated, Respondent`s motion for entry of final order and for clarification are denied)
Feb. 24, 2003 Notice of Telephonic Hearing filed by T. Crotts.
Feb. 24, 2003 Respondent, Florida Birth-Related Neurological Injury Compensation Association`s, Motion for Entry of Final Order and for Clarification (filed via facsimile).
Feb. 21, 2003 Petitioner`s Response to Intervenors` Emergency Motion for Expedited Reconsideration (filed via facsimile).
Feb. 18, 2003 Motion for Reconsideration to Amend Final Order (filed by Petitioners via facsimile).
Feb. 17, 2003 Intervenor D.A. Kobliska C.N.M.`s Joinder in Emergency Motion for Expedited Reconsideration Filed by Intervenors Catherine Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. (filed via facsimile).
Feb. 17, 2003 Intervenors` Emergency Motion for Expedited Reconsideration filed.
Feb. 07, 2003 Order on Compensability and Notice issued.
Jan. 28, 2003 Proposed Final Order of Intervenors Catherine Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. filed.
Jan. 27, 2003 Intervenor D.A. Kobliska`s Proposed Final Order (filed via facsimile).
Jan. 27, 2003 Notice of Filing Intervenor D.A. Kobliska`s Proposed Final Order (filed via facsimile).
Jan. 27, 2003 Petitioner`s Proposed Final Order filed.
Jan. 24, 2003 Proposed Final Order (filed by Respondent via facsimile).
Jan. 24, 2003 Proposed Final Order of Intervenors Catherine Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. filed.
Jan. 23, 2003 Proposed Final Order of Intervenor Morton Plaint Hospital Association, Inc.* filed.
Jan. 15, 2003 Notice of Filing Original Transcript filed by Respondent.
Jan. 15, 2003 Transcript (2 Volumes) filed.
Dec. 05, 2002 Notice of Filing filed by K. Shipley.
Dec. 02, 2002 Order issued. (Intervenors` motion to take judicial notice and supplemental motion to take judicial notice are granted, Petitioners` motion in limine is denied)
Nov. 22, 2002 Letter to A. Cole from T. Crotts enclosing two additional copies of Intervenors supplemental motion to take judicial notice filed.
Nov. 21, 2002 Petitioner`s Exhibits filed.
Nov. 21, 2002 Intervenor`s Supplemental Motion to Take Judicial Notice filed.
Nov. 21, 2002 Letter to Judge Kendrick from S.Martin enclosing Petitioner`s and Intervenor`s exhibits filed.
Nov. 18, 2002 Exhibits filed.
Nov. 18, 2002 CASE STATUS: Hearing Held; see case file for applicable time frames.
Nov. 18, 2002 Petitioner`s Trial Brief filed.
Nov. 18, 2002 Trial Brief of Intervenor Morton Plant Hospital Association, Inc. filed.
Nov. 18, 2002 Intervenor D.A. Kobliska`s Memorandum of Law filed.
Nov. 18, 2002 Trial Brief of Intervenors Cathering Cozad, M.D. and Slayden, Cozad & Hemsath`s Woman to Woman Center, P.A. filed.
Nov. 18, 2002 Morton Plant Hospital Association, Inc.`s Notice of Service of Response to Petitioner`s Second Request for Production filed.
Nov. 18, 2002 Respondent`s, Florida Birth-Related Neurological Injury Compensation Association, Notice of Filing Reports of Dr. Duchowny and Dr. Willis (filed via facsimile).
Nov. 18, 2002 Petitioner`s Trial Brief (filed via facsimile).
Nov. 15, 2002 Trial Brief of Intervenor Morton Plant Hospital Association, Inc. (filed via facsimile).
Nov. 12, 2002 Second Notice of Taking Deposition, D.A. Kobliska filed by Petitioner.
Nov. 08, 2002 Petitioner`s Motion in Limine (filed via facsimile).
Nov. 06, 2002 Notice of Taking Deposition, D.A. Kobliska filed by Petitioner.
Oct. 28, 2002 Intervenor Morton Plant Hospital Association, Inc.`s Request for Copies filed.
Oct. 25, 2002 Intervenors` Motion to Take Judicial Notice filed.
Oct. 24, 2002 Notice of Taking Depositions C. Brown*, D. Feingold* filed.
Oct. 24, 2002 Notice of Taking Deposition J. Howell* filed.
Oct. 23, 2002 Request for Copies filed T. Crotts
Oct. 21, 2002 Notice of Taking Depositions, M. Musetts & Associates filed by Petitioner.
Oct. 21, 2002 Petitioner`s Second Request for Production to Morton Plant Hosipital filed.
Oct. 21, 2002 Petitioner`s Second Request for Production to CNM Kobliska filed by R. Gilbert.
Oct. 21, 2002 Amended Notice of Taking Deposition of MPH`s Corporate Representative(s) filed by R. Gilbert.
Oct. 17, 2002 Catherine Cozad, M.D.`s Answers to Interrogatories filed.
Oct. 17, 2002 Response to Request for Production filed by Intervenors.
Oct. 08, 2002 Respondent`s, Florida Birth-Related Neurological Injury Compensation Association, Notice of Service of Production of Documents (filed via facsimile).
Sep. 18, 2002 Amended Notice of Taking Deposition of MPH`s Corporate Representative(s) filed.
Sep. 16, 2002 Intervenor Morton Plant Hospital Association, Inc.`s Request for Copies filed.
Sep. 13, 2002 Morton Plant Hospital`s Response to Petitioner`s First Request for Production filed.
Sep. 13, 2002 Morton Plant Hospital Association, Inc.`s Notice of Service of Response to Petitioner`s First Request for Production filed.
Sep. 13, 2002 Morton Plant Hospital Association, Inc.`s Notice of Service of Answers to Petitioner`s First Set of Interrogatories filed.
Sep. 11, 2002 Notice of Taking Deposition of Judith Mansfield, R.N. filed.
Sep. 11, 2002 Notice of Taking Deposition of MPH`s Corporate Representative(s) filed.
Sep. 11, 2002 Petitioner`s First Request for Production to NICA filed.
Sep. 09, 2002 Petitioners` First Set of Interrogatories to Dr. Cozad filed.
Sep. 09, 2002 Intervenor, D.A. Kobliska`s Response to Petitioner`s First Request for Production (filed via facsimile).
Sep. 09, 2002 Intervenor D.A. Kobliska`s Response to Petitioner`s First Set of Interrogatories (filed via facsimile).
Sep. 09, 2002 Request for Copies filed by T. Crotts.
Aug. 15, 2002 Notice of Hearing issued (hearing set for November 18 through 20, 2002; 9:00 a.m.; St. Petersburg, FL).
Aug. 14, 2002 Intervenor D. A. Kobliska`s Request for Copies (filed via facsimile).
Aug. 01, 2002 Petitioners` Notice of Serving First Set of Interrogatories to Dr. Cozad filed.
Aug. 01, 2002 Petitioners` First Request for Production to Morton Plant Hospital filed.
Aug. 01, 2002 Petitioner`s Notice of Serving First Set of Interrogatories to Morton Plant Hospital filed.
Aug. 01, 2002 Petitioner`s Notice of Serving First Set of Interrogatories to CNM Kobliska filed.
Aug. 01, 2002 Petitioners` First Request for Production to Dr. Cozad & Woman to Woman Center filed.
Aug. 01, 2002 Petitioners` First Request for Production to CNM Kobliska filed.
Jul. 18, 2002 Letter to Judge Kendrick from D. Dickey requesting status conference for scheduling the evidentiary hearing filed.
Jul. 17, 2002 Letter to Judge Kendrick from S. Martin responding to July 3, 2002 order (filed via facsimile).
Jul. 03, 2002 Order issued. (parties shall advise the undersigned within fourteen days from the date of this order the earliest date they will be prepared to proceed to hearing on severel issues)
Jun. 28, 2002 Respondent, Florida Birth-Related Neurological Injury Compensation Association, Response to Petition (filed via facsimile).
Jun. 20, 2002 Order Granting Intervention issued. (D.A. Kobliska, C.N.M)
Jun. 20, 2002 Order issued. (respondent`s motion is granted; respondent shall have up to June 30, 2002 to file response to petition)
May 31, 2002 Respondent`s, Florida Birth-Related Neurological Injury Compensation Association, Motion for Extension of Time in Which to Respond to Petition (filed via facsimile).
May 29, 2002 Notice of Appearence (filed by C. Bavol via facsimile).
May 29, 2002 Motion to Intervene (filed by D.A. Kobliska via facsimile).
Apr. 29, 2002 Notice of Taking Deposition, L. Stevens, B. Stevens filed.
Apr. 08, 2002 Notice of Appearance (filed by D. Whittemore).
Apr. 08, 2002 Response to Petition filed by C. Cozad.
Mar. 26, 2002 Order Granting Intervention issued.
Mar. 19, 2002 Order issued (Respondent shall file its response to the Petition by May 31, 2002).
Mar. 19, 2002 Order issued (Respondent`s Motion to accept L. Larson as its qualified representative is granted).
Mar. 14, 2002 Petition for Leave to Intervene filed by Morton Plant Hospital Association, Inc.
Mar. 14, 2002 Motion for Extension of Time in which to Respond to Petition filed by Respondent.
Mar. 11, 2002 Catherine Cozad, M. D.; Slayden, Cozad & Hemsath`s Woman to Woman Center, P. A.`s Motion to Intervene filed.
Mar. 08, 2002 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by L. Larson.
Feb. 27, 2002 Notice that this case is now before the Division of Administrative Hearings sent out.
Feb. 26, 2002 Letter to parties of record from Ann Luchini enclosing NICA claim for compensation with medical records sent out.
Feb. 13, 2002 NICA Filing Fee; Check No. 18174; $15.00 (not available for viewing).
Feb. 13, 2002 NICA Medical Records filed (not available for viewing).
Feb. 13, 2002 Petition filed.

Orders for Case No: 02-000839N
Issue Date Document Summary
Jan. 04, 2005 Mandate
Dec. 17, 2004 Opinion
Nov. 12, 2003 DOAH Final Order Petitioners` settlement with the physicians and the nurse midwife barred them from receiving an award under the Plan, even though the claim was compensable and the hospital was entitled to immunity.
Source:  Florida - Division of Administrative Hearings

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