Petitioner: CINDY SMITH AND JEFFREY SMITH, INDIVIDUALLY AND AS PARENTS AND NEXT FRIENDS FOR ABIGAIL SMITH, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: TODD P. RESAVAGE
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Montverde, Florida
Filed: Aug. 03, 2009
Status: Closed
DOAH Final Order on Thursday, January 21, 2021.
Latest Update: May 30, 2013
Summary: This cause came on for consideration upon Petitioners' and Respondent's Stipulation and Joint Petition for Resolution of Reasonable Expenses incurred by Petitioners in Connection with Filing of Claim, filed with the Division on February 2, 2010.Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
CINDY SMITH AND JEFFREY SMITH, | ) |
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INDIVIDUALLY AND AS PARENTS AND | ) |
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NEXT FRIENDS FOR ABIGAIL SMITH, | ) |
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A MINOR, | ) |
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Petitioners, | ) |
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vs. | ) | Case | No. | 09-4149N |
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FLORIDA BIRTH-RELATED | ) |
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NEUROLOGICAL INJURY | ) |
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COMPENSATION ASSOCIATION, | ) |
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Respondent, | ) ) |
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and | ) ) |
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ORLANDO HEALTH, INC., d/b/a | ) |
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WINNIE PALMER HOSPITAL FOR | ) |
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WOMEN & BABIES, | ) |
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Intervenor. | ) |
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FINAL ORDER APPROVING STIPULATION FOR ENTRY OF AWARD
This cause came on for consideration upon Petitioners' and Respondent's Stipulation and Joint Petition for Resolution of Reasonable Expenses incurred by Petitioners in Connection with Filing of Claim, filed with the Division on February 2, 2010.
After due consideration of the interests of all parties, and being otherwise fully advised in the premises, it is
ORDERED:
The Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes, entered herein and filed January 22, 2010, is attached hereto as Exhibit "A," incorporated herein by reference, and adopted as part of this instant Final Order, entered this date.
Petitioners' and Respondent's stipulation for Respondent to pay McMillen Law Firm Ten Thousand Dollars ($10,000.00) in attorneys' fees and Eight Hundred Twenty-Nine Dollars and Eight Cents ($829.08) in costs/expenses is hereby approved and shall be paid forthwith.
Jurisdiction is retained as previously provided for.
DONE AND ORDERED this 4th day of February, 2010, in Tallahassee, Leon County, Florida.
S
ELLA JANE P. DAVIS
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 4th day of February, 2010.
COPIES FURNISHED:
(Via Certified Mail)
Allison C. McMillen, Esquire McMillen Law Firm
390 North Orange Avenue, Suite 140 Orlando, Florida 32801
(Certified Mail No. 91 7108 2133 3937 0540 1740)
Kenney Shipley, Executive Director Florida Birth Related Neurological
Injury Compensation Association 2360 Christopher Place, Suite 1
Tallahassee, Florida 32308
(Certified Mail No. 91 7108 2133 3937 0540 1757)
Bradley Paul Blystone, Esquire
Marshall, Dennehey, Warner, Coleman & Goggin
315 East Robinson Street, Suite 550 Orlando, Florida 32801
(Certified Mail No. 91 7108 2133 3937
Robert J. Grace, Jr., Esquire | 0540 | 1764) |
Stiles, Taylor & Grace, P.A. Post Office Box 460 Tampa, Florida 33601 (Certified Mail No. 91 7108 2133 3937 |
0540 |
1771) |
Charlene Willoughby, Director Consumer Services Unit - Enforcement Department of Health 4052 Bald Cypress Way, Bin C-75 Tallahassee, Florida 32399-3275 (Certified Mail No. 91 7108 2133 3937 |
0540 |
1788) |
Jennifer Hamm, M.D. 105 West Miller Street Orlando, Florida 32806 (Certified Mail No. 91 7108 2133 3937 |
0540 |
1795) |
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original of a notice of appeal with the Agency Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See Section 766.311, Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
Docket for Case No: 09-004149N
Issue Date |
Proceedings |
Mar. 08, 2021 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jan. 25, 2021 |
Certified Return Receipt received this date from the U.S. Postal Service.
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Jan. 21, 2021 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jan. 21, 2021 |
Final Order Approving Stipulation. CASE CLOSED.
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Jan. 11, 2021 |
Stipulation Pertaining to Lump Sum Payment for Bathroom and/ or Handicap Modifications of Dwelling filed.
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May 30, 2013 |
Order.
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May 23, 2013 |
Notice of Florida Supreme Court Decision in Samples and Motion to Close Case filed.
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Sep. 26, 2012 |
Substitution of Counsel (Robert Grace) filed.
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Jun. 27, 2011 |
Notice of Firm Address Change filed.
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Aug. 18, 2010 |
Order (parties shall provide copy of concluding Supreme Court order or opinion and mandate in Samples, Id., within 20 days of its rendition).
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Aug. 06, 2010 |
Petitioners' Motion for Continuance of Stay filed.
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Jun. 01, 2010 |
Order (on Petitioners' and Respondent's joint motion to stay).
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May 19, 2010 |
Joint Motion to Stay filed.
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Feb. 10, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
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Feb. 09, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
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Feb. 09, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Charlene Willoughby).
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Feb. 09, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Robert Grace).
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Feb. 09, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Bradley Paul Blystone).
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Feb. 09, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Allison Millen).
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Feb. 09, 2010 |
Certified Return Receipt for August 4, 2009, not received from Jennier Hamm, M.D.
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Feb. 04, 2010 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Feb. 04, 2010 |
Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
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Feb. 02, 2010 |
Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection With Filing of Claim filed.
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Jan. 26, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (McMillen Law Firm).
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Jan. 26, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley)
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Jan. 26, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Marshall, Dennehey, Wagner, et al.).
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Jan. 26, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Stiles, Taylor & Grace).
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Jan. 26, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Department of Health).
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Jan. 26, 2010 |
Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
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Jan. 22, 2010 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Jan. 22, 2010 |
Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues.
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Jan. 08, 2010 |
Notice.
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Dec. 29, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
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Dec. 23, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Dec. 23, 2009 |
Order (Stipulation and Joint Petition is taken under advisement until 20 days after perfection of service on Dr. Hamm).
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Dec. 17, 2009 |
Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
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Dec. 15, 2009 |
Intervenor, Orlando Health Inc.'s Response to Order to Show Cause filed.
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Dec. 11, 2009 |
Order to Show Cause.
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Nov. 18, 2009 |
Notice of Appearance (filed by R. Grace).
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Oct. 21, 2009 |
Report of Donald C,. Willis, M.D. regarding Abigail Smith (not available for viewing). |
Oct. 21, 2009 |
Notice of Filing (copy of report from Donald C. Willis, M.D.).
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Oct. 21, 2009 |
Letter to Allison McMillen from Kenney Shipley agreeing that Abigail Smith suffered a birth-related neurological injury filed.
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Oct. 02, 2009 |
Notice of Case Reassignment.
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Sep. 18, 2009 |
Order Granting Extension of Time (response to the petition to be filed by October 21, 2009).
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Sep. 17, 2009 |
Motion for Extension of Time in Which to Respond to Petition filed.
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Aug. 24, 2009 |
Order (granting Petition for Leave to Intervene filed on bahlaf of Orlando Health, Inc., d/b/a Winnie Palmer Hospital for Women and Babies).
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Aug. 24, 2009 |
Order (Motion to accept K. Shipley as qualified representative granted).
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Aug. 18, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
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Aug. 18, 2009 |
Certified Return Receipt received this date from the U.S. Postal Service (Winnie Palmer Hospital).
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Aug. 13, 2009 |
Petition for Leave to Intervene in Administrative Proceedings (filed by Orlando Health, Inc., d/b/a Winnie Palmer Hospital for Women & Babies) filed.
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Aug. 12, 2009 |
Motion to Act as A Qualified Representative Before the Division of Administrative Hearings filed.
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Aug. 04, 2009 |
Certified Mail Receipts stamped this date by the U.S. Postal Service.
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Aug. 04, 2009 |
Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
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Aug. 04, 2009 |
Notice sent out that this case is now before the Division of Administrative Hearings.
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Aug. 03, 2009 |
NICA Filing Fee (Check No. 2399; $15.00) filed (not available for viewing). |
Aug. 03, 2009 |
Petition for Determination of NICA Coverage filed.
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Aug. 03, 2009 |
Referral Letter filed.
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Orders for Case No: 09-004149N
Issue Date |
Document |
Summary |
Jan. 21, 2021 |
DOAH Final Order
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Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
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Jan. 21, 2021 |
DOAH Final Order
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Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.
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Feb. 04, 2010 |
DOAH Final Order
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Final Order approving and adopting Order Approving Stipulation and providing for attorneys' fees and costs.
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