Petitioner: RYAN BUNCH AND REGINA OLES ON BEHALF OF AND AS PARENTS AND NATURAL GUARDIANS OF JETTY BUNCH, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: ROBERT J. TELFER III
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Port Orange, Florida
Filed: Jun. 18, 2020
Status: Assigned, not set.
Latest Update: Nov. 16, 2024
Summary: On June 18, 2020, Petitioners, Ryan Bunch and Regina Oles, on behalf of and as parents and natural guardians of Jetty Bunch (Jetty), a minor, filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. (Petition) with the Division of Administrative Hearings (DOAH) for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The Petition identified Tedra Gilmore, M.D., as the physician who provided obstetric services at
Summary: On June 18, 2020, Petitioners, Ryan Bunch and Regina Oles, on behalf of and as parents and natural guardians of Jetty Bunch (Jetty), a minor, filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. (Petition) with the Division of Administrative Hearings (DOAH) for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The Petition identified Tedra Gilmore, M.D., as the physician who provided obstetric services at the birth of Jetty on June 19, 2015, at Halifax Medical Center, located in Volusia County, Florida. DOAH served Dr. Gilmore, Halifax Medical Center, and NICA with a copy of the Petition on June 25, 2020. Between July 22, 2020, and July 12, 2021, the undersigned granted six extensions of time for NICA to respond to the Petition, because of difficulties in securing medical records. On August 11, 2021, NICA filed a Response to Petition for Benefits, asserting that Jetty did not sustain a “birth-related neurological injury,” as that term is defined in section 766.302(2), Florida Statutes, and requested that a hearing be scheduled to determine compensability. On August 13, 2021, the undersigned entered an Order that required the parties to confer and advise concerning the need for a hearing, if any, and if a hearing is needed, when the parties will be prepared to proceed to a hearing, the issues in dispute, the estimate of time required for hearing, and the choice of venue. On August 27, 2021, NICA filed a Response to Order Dated August 13, 2021, which noted the position of NICA and Intervenors was that this matter could be resolved by Motion for Summary Final Order, and the position of Petitioners was that they disputed NICA’s determination and requested a hearing. The undersigned thereafter noticed this matter for a final hearing for October 29, 2021. On September 23, 2021, NICA filed its Motion for Partial Summary Final Order (Motion). Having received no response from Petitioners to the Motion within the seven-day time period for a response set forth in Florida Administrative Code Rule 28-106.204(4), the undersigned issued an Order to Show Cause on October 1, 2021, ordering Petitioners to show cause, on or before October 14, 2021, in writing, why NICA’s Motion should not be granted and a summary final order be entered finding that Petitioner’s claim is not compensable. Petitioners have not responded to NICA’s Motion or the undersigned’s Order to Show Cause.NICA's motion for summary final order is granted where infant did not sustain a birth-related neurological injury.
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