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CECELIA COLEMAN, AS NATURAL PARENT AND GUARDIAN OF NOZZIE GAINOR, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 02-004323N (2002)

Court: Division of Administrative Hearings, Florida Number: 02-004323N
Petitioner: CECELIA COLEMAN, AS NATURAL PARENT AND GUARDIAN OF NOZZIE GAINOR, A MINOR
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: Nov. 05, 2002
Status: Closed
DOAH Final Order on Wednesday, May 7, 2003.

Latest Update: May 07, 2003
Summary: Indisputably, injury infant suffered was to her brachial-plexus, not brain or spinal cord. Therefore, Association`s Motion for Summary Final Order of Dismissal is granted.

Docket for Case No: 02-004323N
Issue Date Proceedings
May 07, 2003 Summary Final Order of Dismissal. CASE CLOSED.
May 01, 2003 Intervenor`s Second Response to Motion for Summary Final Order (filed via facsimile).
Apr. 30, 2003 Petitioner, Cecelia Coleman`s Response to Respondent`s Motion for Summary Final Order (filed via facsimile).
Apr. 30, 2003 Notice of Filing Original Affidavit of Robert F. Cullen, Jr., M.D. filed by S. Yaffa.
Apr. 30, 2003 Notice of Telephonic Hearing (filed by D. Black via facsimile).
Apr. 28, 2003 Notice of Taking Deposition, M. Duchowny, M.D. filed by D. Black.
Apr. 28, 2003 Notice of Appearance (filed by D. Black).
Apr. 21, 2003 Intervenor`s Response to Motion for Summary Final Order filed.
Apr. 16, 2003 Amended Notice of Video Teleconference issued. (hearing scheduled for May 21, 2003; 9:00 a.m.; West Palm Beach and Tallahassee, FL, amended as to room location at Tallahassee hearing site).
Apr. 11, 2003 Affidavit of Michael S. Duchowny, M.D. (filed via facsimile) filed (not available for viewing).
Apr. 11, 2003 Motion for Summary Final Order (filed by Respondent via facsimile).
Apr. 03, 2003 Amended Notice of Video Teleconference issued. (hearing scheduled for May 21, 2003; 9:00 a.m.; West Palm Beach and Tallahassee, FL, amended as to date of hearing).
Mar. 21, 2003 Intervenors` Response to Court`s Order Requesting a Hearing filed.
Mar. 11, 2003 Order issued. (Intervenors` motion for extension of time is granted)
Mar. 11, 2003 Notice of Hearing by Video Teleconference issued (video hearing set for May 22, 2003; 9:00 a.m.; West Palm Beach and Tallahassee, FL).
Mar. 05, 2003 Respondent`s Response to Court Order Requesting Available Dates for Hearing (filed via facsimile).
Mar. 05, 2003 Notice of Availability (filed by Petitioner via facsimile).
Feb. 28, 2003 Intervenors` Xiao-Mei Zeng, M.D., and Xiao- Mei Zeng, M.D., P.A.`s Motion for Extension of Time to Administrative Order (filed via facsimile).
Feb. 19, 2003 Order issued. (within fourteen (14) days of the date of this order the parties advise the undersigned in writing as to the earliest date they will be prepared to proceed to hearing on the issue of compensability)
Feb. 18, 2003 Notice of Noncompensability And Request for Evidentiary Hearing on Compensability filed by Respondent.
Feb. 18, 2003 Notice of Noncompensability and Request for Evidentiary Hearing on Compensability (filed by Respondent via facsimile).
Jan. 07, 2003 Order Granting Intervention issued. (Intervenor Xiao-Mei Zeng, M.D., and Xiao-Mei Zeng, M.D., P.A.)
Dec. 24, 2002 Letter to M. Duchowny, M.D. from S. Yaffa enclosing ten MRI films of Nozzie Gainer a/k/a Baby girl Coleman, from Bethesda memorial Hospital (filed via facsimile).
Dec. 19, 2002 Xiao-Mei Zeng, M.D. and Xiao-Mei Zeng, M.D., P.A., Motion for Leave to Intervene filed.
Dec. 10, 2002 Order issued. (Respondent`s motion to accept Kenny Shipley as its qualified representative is granted)
Dec. 05, 2002 Order issued. (Respondent`s motion is granted, and Respondent shall have up to and including February 14, 2003, to file its response to the petition)
Dec. 02, 2002 Motion for Extension of Time in Which to Respond to Petition filed by K. Shipley.
Dec. 02, 2002 Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by K. Shipley.
Nov. 08, 2002 Notice that this case is now before the Division of Administrative Hearings sent out.
Nov. 08, 2002 Letter to parties of record from Ann M. Luchini enclosing NICA claim for compensation with medical records sent out.
Oct. 30, 2002 NICA Medical Records (not available for viewing).
Oct. 30, 2002 NICA Medical Records (not available for viewing).
Oct. 30, 2002 Claimant`s Petition Seeking Compensation filed.

Orders for Case No: 02-004323N
Issue Date Document Summary
May 07, 2003 DOAH Final Order Indisputably, injury infant suffered was to her brachial-plexus, not brain or spinal cord. Therefore, Association`s Motion for Summary Final Order of Dismissal is granted.
Source:  Florida - Division of Administrative Hearings

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