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Home » Cases Under Administrative Hearing » 00-004406N

00-004406N Bassam Abifaraj And Rayya Abifaraj, On Behalf Of And Parents And Natural Guardians Of Samer Abifaraj, A Deceased Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Tuesday, December 10, 2002.

View Dockets  
Summary: Amendment to Amended Final Order after remand making an award of past medical expenses, attorney`s fees, and costs.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8BASSAM ABIFARAJ and RAYYA )

13ABIFARAJ, as parents and )

18natural guardians of SAMER )

23ABIFARAJ, a deceased minor, )

28)

29Petitioners, )

31)

32vs. )

34) Case No. 00 - 4406N

40FLORIDA BIRTH - RELATED )

45NEUROLOGICAL INJURY )

48COMPENSATION ASSOCIATION, )

51)

52Respondent, )

54)

55and )

57)

58JOHN L. RINELLA, M.D. AND )

64RINELLA, HUDANICH, GREENBERG, )

68RALPH & SIJIN, P.A.; JOAQUIN )

74TARANCO, M.D. AND TARANCO & )

80ASSOCIATES ANESTHESIOLOGY )

83GROUP, P.A., d/b/a PLANTATION - )

89TAMARAC ANESTHESIA GROUP, P.A.; )

94and PLANTATION GENERAL )

98HOSPITAL, )

100)

101Intervenors. )

103)

104AMENDMENT TO AMENDED FINAL ORDER AND AWARD

111On December 10, 2002, an Amended Final Order and Award was

122rendered in the above - styled c ase. That order was appealed to

135the District Court of Appeal, First District, State of Florida,

145and assigned Case No. lD03 - 0334. 1

153On May 28, 2003, a Mandate issued from the First District

164Court of Appeal commanding "that further proceedings, if

172required , be had in accordance with . . . [the Court's opinion of

185May 9, 2003], the rules of Court, and the laws of the State of

199Florida." Of note, the Court's opinion of May 9, 2003, resolved

210that the Amended Final Order and Award, dated December 10, 2002,

221was n ot final because "the order did not make findings as to the

235amount of the previously incurred expenses which . . . [the

246Association] was ordered to pay."

251On September 4, 2003, 2 a hearing was held to address the

263Mandate. At hearing, the parties agreed that , should Petitioners

272elect to accept benefits under the Plan, Petitioners be awarded

282$1,000.00 for previously incurred expenses, and $11,500.00 for

292attorney's fees ($10,000.00) and other expenses ($1,500.00)

301incurred in connection with the filing of the cl aim. Also, of

313note, as reflected in the Amended Final Order and Award, dated

324December 10, 2002, the parties had previously agreed that, should

334Petitioners elect to accept benefits under the Plan, Petitioners

343receive a lump sum award of $100,000.00.

351Given the foregoing, the Conclusion portion of the Amended

360Final Order and Award rendered December 10, 2002, is amended to

371read, as follows:

374CONCLUSION

375Based on the foregoing Findings of Fact and Conclusions of

385Law, it is

388ORDERED that the claim for compensatio n filed by

397Bassam Abifaraj and Rayya Abifaraj, as parents and natural

406guardians of Samer Abifaraj, a deceased minor, and NICA's

415proposal to accept the claim for compensation be and the same are

427hereby approved.

429IT IS FURTHER ORDERED that the participating physician

437complied with the notice provision of the Plan, but the hospital

448did not.

450IT IS FURTHER ORDERE D that the following benefits are

460awarded:

4611. P etitioners, Bassam Abifaraj and Rayya Abifaraj, are

470accorded an award of $1,000.00 for expenses previous ly incurred.

481Section 766.31(1)(a). 3 Such award shall be paid immediately.

490Section 766.31(2).

4922. Petitioners, Bassam Abifaraj and Rayya Abifaraj, are

500accorded a lump sum award of $100,000.00. Section 766.31(1)(b).

5103. Petitioners, Bassam Abifaraj and R ayya Abifaraj, are

519accorded an award of $11,500.00 for attorney's fees ($10,000.00)

530and other expenses ($1,500.00) incurred in connection with the

540filing of the claim. Section 766.31(1)(c).

546IT IS FURTHER ORDERE D that pursuant to Section 766.312,

556jurisdic tion is reserved to resolve any disputes, should they

566arise, regarding the parties' compliance with the terms of this

576Final Order.

578DONE AND ORDERED this 12th day of September, 2003, in

588Tallahassee, Leon County, Florida.

592S

593WILLIAM J. KENDRICK

596Administrative Law Judge

599Division of Administrative Hearings

603The DeSoto Building

6061230 Apalachee Parkway

609Tallahassee, Florida 32399 - 3060

614(850) 488 - 9675 SUNCOM 278 - 9675

622Fax Filing (850) 921 - 6847

628www.doa h.state.fl.us

630Filed with the Clerk of the

636Division of Administrative Hearings

640this 12th day of September, 2003.

646ENDNOTES

6471/ The appeal was initially lodged in the District Court of

658Appeal, Third District, State of Florida, but on motion was

668transferred to the First District.

6732/ A status conference was first held on July 21, 2003; however,

685at hearing, the parties agreed to defer any further discussion on

696the Mandate until September 4, 2003.

7023/ All citations are to Florid a Statutes (2002) unless otherwise

713indicated.

714COPIES FURNISHED:

716(By certified mail)

719Mayer Gattegno, Esquire

722Mayer Gattegno, P.A.

7252825 University Drive, Suite 350

730Coral Springs, Florida 33065

734Kenney Shipley, Executive Director

738Florida Birth - Related Ne urological

744Injury Compensation Association

7471435 Piedmont Drive, East, Suite 101

753Tallahassee, Florida 32308

756Kenneth J. Plante, Esquire

760Wilbur E. Brewton, Esquire

764Roetzel & Andress, LPA

768225 South Adams Street, Suite 250

774Tallahassee, Florida 32301

777Nancy W. Gregoire, Esquire

781Darlene Stosik, Esquire

784Bunnell, Woulfe, Kirschbaum,

787Keller & McIntyre, P.A.

791Post Office Drawer 030340

795Fort Lauderdale, Florida 33303 - 0340

801Esther E. Galicia, Esquire

805Merrilee A. Jobes, Esquire

809Liana Silsby, Esquire

812George, Hartz, Lundeen & Fulmer

817524 South Andrews Avenue

821Justice Building East, Third Floor

826Fort Lauderdale, Florida 33301

830Hal B. Anderson, Esquire

834John W. Mauro, Esquire

838Billing, Cochran, Heath, Lyles

842& Mauro, P.A.

845888 Southeast Third Avenue, Suite 301

851Fort Lauderd ale, Florida 33316

856Barbara Green, Esquire

8591320 South Dixie Highway

863Suite 450, Gables One Tower

868Coral Gables, Florida 33146

872John L. Rinella, M.D.

8764101 Northwest 4th Street, No. 104

882Plantation, Florida 33317

885Plantation General Hospital

888401 Northwest 42 nd Avenue

893Plantation, Florida 33317

896Ms. Charlene Willoughby

899Department of Health

9024052 Bald Cypress Way, Bin C - 75

910Tallahassee, Florida 32399 - 3275

915NOTICE OF RIGHT TO JUDICIAL REVIEW

921A party who is adversely affected by this final order is entitled

933to judicial review pursuant to Sections 120.68 and 766.311,

942Florida Statutes. Review proceedings are governed by the Florida

951Rules of Appellate Procedure. Such proceedings are commenced by

960filing the original of a notice of appeal with the Agency Clerk of

973t he Division of Administrative Hearings and a copy, accompanied by

984filing fees prescribed by law, with the appropriate District Court

994of Appeal. See Section 766.311, Florida Statutes, and Florida

1003Birth - Related Neurological Injury Compensation Association v .

1012Carreras , 598 So. 2d 299 (Fla. 1st DCA 1992). The notice of

1024appeal must be filed within 30 days of rendition of the order to

1037be reviewed.

Dockets
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Date
Proceedings
PDF:
Date: 01/11/2006
Proceedings: SUPREME COURT OF FLORIDA ORDER: Petition for Review is denied; No motion for rehearing will be entertained by the court.
PDF:
Date: 11/09/2005
Proceedings: Respondents John L. Rinella, M.D.`s and Rinellla, Hudanich, Greenberg, Ralph & Sijin, P.A.`s Joinder in Respondent Florida Birth-related Neurological Injury Compensation Association Brief on Jurisdiction filed.
PDF:
Date: 10/13/2005
Proceedings: Amended Petitioners` Brief on Jurisdiction filed.
PDF:
Date: 10/03/2005
Proceedings: Petitioner`s Notice of Rejection filed.
PDF:
Date: 09/30/2005
Proceedings: Petitioner`s Brief on Jurisdiction filed.
Date: 09/30/2005
Proceedings: On Petition for Discertionary Review from the District Court of Appeal, First District of Florida filed.
PDF:
Date: 09/30/2005
Proceedings: Notice of Change of Address filed.
PDF:
Date: 09/23/2005
Proceedings: Petitioner`s Notice of Rejection filed.
PDF:
Date: 09/21/2005
Proceedings: Acknowledgment of New Case, Supreme Court of Florida Case No. SC05-1595.
PDF:
Date: 09/09/2005
Proceedings: Petitioners` Motion for Extension of Time to Serve Initial Brief on Jurisdiction (filed in the Supreme Court of Florida).
PDF:
Date: 09/06/2005
Proceedings: Second Corrected Opinion filed.
PDF:
Date: 09/06/2005
Proceedings: Mandate filed.
PDF:
Date: 09/06/2005
Proceedings: Notice to Invoke Discretionary Jurisdiction filed.
PDF:
Date: 09/06/2005
Proceedings: BY ORDER OF THE COURT: Appellee motion to stay the mandate is denied.
PDF:
Date: 08/26/2005
Proceedings: Corrected Opinion filed.
PDF:
Date: 08/22/2005
Proceedings: Motion of Appellees-Cross-Appellants for Stay of Mandate Pending Supreme Court Review filed.
PDF:
Date: 08/05/2005
Proceedings: Opinion filed.
PDF:
Date: 08/04/2005
Proceedings: Opinion
PDF:
Date: 08/04/2005
Proceedings: Mandate
PDF:
Date: 08/04/2005
Proceedings: Opinion
PDF:
Date: 08/04/2005
Proceedings: Opinion
PDF:
Date: 06/27/2005
Proceedings: Notice of Supplemental Authority filed.
PDF:
Date: 05/31/2005
Proceedings: Notice of Supplemental Authority filed.
PDF:
Date: 04/04/2005
Proceedings: BY ORDER OF THE COURT: Appellants` motion for continuance of oral argument filed March 30, 2005, is granted.
PDF:
Date: 03/31/2005
Proceedings: Motion for Continuance of Oral Argument filed.
PDF:
Date: 03/24/2005
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 03/23/2005
Proceedings: BY ORDER OF THE COURT: The Court has set the above cause for oral argument at 2:00p.m. on Tuesday, June 7, 2005.
PDF:
Date: 02/10/2005
Proceedings: Second Supplemental Index (of the record) sent to the parties of record.
PDF:
Date: 01/28/2005
Proceedings: BY ORDER OF THE COURT: Appellant`s motion filed, March 10, 2004, seeking to supplement the record is granted.
PDF:
Date: 01/07/2005
Proceedings: Appellees`/Cross-Appellants` Abifaraj`s Reply Brief on Cross Appeal.
PDF:
Date: 12/15/2004
Proceedings: BY ORDER OF THE COURT: Motion for Extension of Time for Service is Granted filed.
PDF:
Date: 12/02/2004
Proceedings: Unopposed Motion of Appellees / Cross - Appellants for Extension of Time to Serve Cross - Reply Brief filed.
PDF:
Date: 11/10/2004
Proceedings: Reply Brief and Answer Brief on Cross-Appeal of Appellants John L. Rinella, M.D. and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A. filed.
PDF:
Date: 11/10/2004
Proceedings: Appendix to Reply Brief and Answer Brief on Cross-Appeal of Appellants John L. Rinella, M.D. and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A. filed by N. Gregoire.
PDF:
Date: 09/23/2004
Proceedings: Motion for Extension of Time filed by Appellant.
PDF:
Date: 08/16/2004
Proceedings: Notice of Pending Similar Case (Supplementing Item 9(b) of Appellants` Docketing Statements) filed.
PDF:
Date: 08/12/2004
Proceedings: BY ORDER OF THE COURT: Appellees` motion filed August 6, 2004, seeking to supplement the record on appeal with the amendment to amended final order and award, dated September 12, 2003, and intervenors exhibit # 2 from the hearing of July 25, 2001, is granted. The clerk of the lower tribunal is directed to prepare and transmit a supplemental record within 20 days of this date.
PDF:
Date: 08/09/2004
Proceedings: Appellees`/Cross-Appellants` Abifaraj`s Answer Brief and Initial Brief on Cross Appeal filed.
PDF:
Date: 08/09/2004
Proceedings: Motion for Appellee/Cross-Appellants to Supplement the Record filed by B. Green.
PDF:
Date: 08/09/2004
Proceedings: Notice of Pending Similar Case filed by B. Green.
PDF:
Date: 08/09/2004
Proceedings: Request for Oral Argument filed by B. Green.
PDF:
Date: 07/01/2004
Proceedings: Motion of Appellees/Cross-Appellants for Extension of Time to Serve Brief filed.
PDF:
Date: 06/03/2004
Proceedings: Mandate filed.
PDF:
Date: 05/18/2004
Proceedings: Opinion filed.
PDF:
Date: 05/17/2004
Proceedings: Opinion
PDF:
Date: 05/17/2004
Proceedings: Mandate
PDF:
Date: 04/29/2004
Proceedings: BY ORDER OF THE COURT: The appellant, Plantation General Hospital, is directed to serve its initial brief, in accordance with Florida Rule of Appellate Procedure 9.210, within ten days of the date of this order.
PDF:
Date: 04/15/2004
Proceedings: Appellees-Cross-Appellants` Reply to Response of Appellant, Florida Birth-Related Injury Compensation Association`s Response to Order to Show Cause filed.
PDF:
Date: 04/12/2004
Proceedings: Initial Brief of Appellant`s, Joaquin Taranco, M.D., and Taranco and Associates Anesthesiology Group, P.A., d/b/a Plantation-Tamarac Anesthesia Group, P.A. filed.
PDF:
Date: 03/23/2004
Proceedings: BY ORDER OF THE COURT: Accordingly, the appellants shall show cause within ten days of the date of this order.
PDF:
Date: 02/26/2004
Proceedings: Notice of Unavailability and Notice of Change of Address and Phone Numbers filed.
PDF:
Date: 02/20/2004
Proceedings: Appellees/Cross-Appellants` Response to Order of Court Consolidating Cases for Purposes of the Record and Request to Consolidate for all Purposes filed.
PDF:
Date: 02/13/2004
Proceedings: BY ORDER OF THE COURT: The, Court on its own motion, has determined that this case should be consolidated with case number 1D04-0356 for purposes of the record filed.
PDF:
Date: 02/13/2004
Proceedings: Supplemental Index, Record, and Certificate of Record sent to the District Court of Appeal.
PDF:
Date: 02/10/2004
Proceedings: BY ORDER OF THE COURT: Appellants` motion for extension of time for clerk to supplement record on appeal and motion to extend all deadlines accodingly, filed February 2, 2004, is granted.
PDF:
Date: 01/30/2004
Proceedings: Motion for Extension of Time for Clerk to Supplement Record on Appeal and Motion to Extend all Deadlines Accordingly filed.
PDF:
Date: 01/30/2004
Proceedings: Letter to Ann Cole from J. Wheeler enclosing Docketing Statement filed.
PDF:
Date: 01/28/2004
Proceedings: BY ORDER OF THE COURT: Ordered that appellant, Plantation General Hospital`s Unopposed Motion to Transfer filed January 16, 2004, is granted.
PDF:
Date: 01/27/2004
Proceedings: BY ORDER OF THE COURT: The motion of appellees/cross-appellants for leave to serve a single, consolidated answer brief after all appellants have filed initial briefs, filed January 8, 2004, is granted.
PDF:
Date: 01/16/2004
Proceedings: Appellants John L. Rinella, M.D.`s and Rinella, Hudanich, Greenberg, Ralph and Sijin, P.A.`s Joinder in Appellant Florida Birth-Related Neurological Injury Compensation Association Initial Brief filed.
PDF:
Date: 01/12/2004
Proceedings: BY ORDER OF THE COURT: Appellant`s motion filed December 19, 2003, for extension of time for service of the initial brief is granted.
PDF:
Date: 01/12/2004
Proceedings: BY ORDER OF THE COURT: Plantation General Hospital`s motion filed December 22, 2003, for extension of time for service of the initial brief is granted.
PDF:
Date: 01/08/2004
Proceedings: Motion of Appellees/Cross - Appellants for Leave to Serve Single, Consolidated Answer Brief After All Appellants have Initial Briefs filed.
PDF:
Date: 01/02/2004
Proceedings: BY ORDER OF THE COURT: Appellants` amended motion filed December 29, 2003, seeking to supplement the record of appeal with all documents is granted. The clerk is directed to prepare and transmit a supplemental record within 20 days of this date and time for service of the initial brief is extended to 30 days thereafter.
PDF:
Date: 12/26/2003
Proceedings: BY ORDER OF THE COURT: Ordered that appellant Plantation General Hospital`s unopposed motion filed December 19, 2003, for extension of time is granted, and appellant shall serve the initial brief on or before January 19, 2004.
PDF:
Date: 12/26/2003
Proceedings: Amended Motion to Supplement the Record on Appeal filed.
PDF:
Date: 12/22/2003
Proceedings: Motion for Extension of Time filed.
PDF:
Date: 12/10/2003
Proceedings: Notice of Change of Address filed by Appellant.
PDF:
Date: 12/10/2003
Proceedings: BY ORDER OF THE COURT: Ordered that appellee`s (Florida Birth-Related Neurolocial Injury Compensation Association) unopposed motion filed December 5, 2003, to file docketing statement out of time is granted.
PDF:
Date: 12/08/2003
Proceedings: BY ORDER OF THE COURT: Unopposed motion filed December 1, 2003, to file docketing statement out of time is granted.
PDF:
Date: 12/03/2003
Proceedings: Statement of Service for Preparation of Record mailed to filing party.
PDF:
Date: 12/03/2003
Proceedings: Index for DCA case no. 1D03-4344 filed.
PDF:
Date: 12/03/2003
Proceedings: Index for DCA case no. 1D03-334 filed.
PDF:
Date: 12/01/2003
Proceedings: Docketing Statement and Notice of Appearance of Counsel filed.
PDF:
Date: 12/01/2003
Proceedings: Unopposed Motion to File Docketing Statement Out of Time filed.
PDF:
Date: 11/06/2003
Proceedings: Docketing Statement and Notice of Appearance of Counsel filed by N. Gregoire.
Date: 10/28/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/21/2003
Proceedings: Notice of Joinder filed by Kelly B. Plante in the First District Court of Appeal.
PDF:
Date: 10/21/2003
Proceedings: Notice of Joinder filed by Kelly B. Plante in the Fourth District Court of Appeal.
PDF:
Date: 10/21/2003
Proceedings: Certified Notice of Cross-Appeal filed by B. Green in the Fourth District Court of Appeal.
PDF:
Date: 10/20/2003
Proceedings: Notice of Cross-Appeal filed by B.Green in the First District Court of Appeal.
PDF:
Date: 10/20/2003
Proceedings: Certified Notice of Cross-Appeal filed by B. Green in the First District Court of Appeal.
PDF:
Date: 10/17/2003
Proceedings: Acknowledgement of New Case 4D03-3939 filed.
PDF:
Date: 10/15/2003
Proceedings: Letter to from A. Cole from J. Wheeler enclosing docketing statement filed.
PDF:
Date: 10/15/2003
Proceedings: Notice of Joinder filed by E. Galicia.
PDF:
Date: 10/10/2003
Proceedings: Plantation General Hospital`s Notice of Appeal and Certified Copy to the Fourth District Court filed.
PDF:
Date: 10/10/2003
Proceedings: Notice of Appeal of Final Order filed by N. Gregoire.
PDF:
Date: 09/29/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/17/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/16/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/15/2003
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/12/2003
Proceedings: DOAH Final Order
PDF:
Date: 09/12/2003
Proceedings: Certified Mail Receipt (USPS).
PDF:
Date: 09/12/2003
Proceedings: Certified Mail Receipt (USPS).
PDF:
Date: 09/12/2003
Proceedings: Amendment to Amended Final Order and Award issued.
PDF:
Date: 08/11/2003
Proceedings: Certificate of Compliance with Florida Rules of Judicial Administration and all Applicable Administrative Orders and Local Rules filed by J. Mauro.
PDF:
Date: 07/21/2003
Proceedings: Order. (a telephone status conference will be held at 10:30 a.m., September 4, 2003)
PDF:
Date: 07/07/2003
Proceedings: Memorandum to Judge Kendrick from W. Brewton a conference call regarding the mandate issued (filed via facsimile).
PDF:
Date: 05/29/2003
Proceedings: Mandate filed.
PDF:
Date: 05/29/2003
Proceedings: Opinion filed.
PDF:
Date: 05/28/2003
Proceedings: Mandate
PDF:
Date: 05/09/2003
Proceedings: Opinion
PDF:
Date: 03/13/2003
Proceedings: Index, Record, Certificate of Record sent out.
PDF:
Date: 03/10/2003
Proceedings: Response of Appellants Abifaraj to Order to Show Cause Dated February 24, 2003; and Alternative Motion to Relinquish Jurisdiction filed.
PDF:
Date: 03/10/2003
Proceedings: Appellants` Motion to Toll Time for Serving Initial Brief Pending Court`s Ruling on Order to Show Cause and for Thirty Days Thereafter filed.
Date: 02/13/2003
Proceedings: Statement of Service Preparation of Record sent out.
PDF:
Date: 01/30/2003
Proceedings: Letter to DOAH from B. Green enclosing copy of District Court of Appeal`s order.
PDF:
Date: 01/30/2003
Proceedings: Letter to A. Cole from J. Wheeler acknowledging receipt of Notice of Appeal filed.
PDF:
Date: 01/21/2003
Proceedings: Corrected Notice of Appearance filed by E. Galicia.
PDF:
Date: 01/21/2003
Proceedings: Corrected Second Notice of Cross Appeal filed.
PDF:
Date: 01/21/2003
Proceedings: ORDER FROM THE COURT: Motion to Correct Notice of Appeal and to Transfer Appeal to First District Court of Appeal is GRANTED.
PDF:
Date: 01/21/2003
Proceedings: Corrected Notice of Appearance filed E. Galicia.
PDF:
Date: 01/14/2003
Proceedings: Second Notice of Cross Appeal filed by E. Galicia.
PDF:
Date: 01/13/2003
Proceedings: Motion to Correct Notice of Appeal and to Transfer Appeal to First District Court of Appeal filed by Petitioner.
PDF:
Date: 01/13/2003
Proceedings: Notice of Filing Motion to Transfer Case from Third District to First District filed by Petitioner.
PDF:
Date: 01/09/2003
Proceedings: Corrected Notice of Appeal filed by Petitioner/Appellant.
PDF:
Date: 01/08/2003
Proceedings: Notice of Cross Appeal (filed by E. Galicia).
PDF:
Date: 01/08/2003
Proceedings: Notice of Appearance (filed by E. Galicia).
PDF:
Date: 01/06/2003
Proceedings: Motion for Leave to File Corrected Notice of Appeal filed by Petitioner.
PDF:
Date: 01/06/2003
Proceedings: Corrected Certified Notice of Appeal filed by B. Green.
PDF:
Date: 01/03/2003
Proceedings: Plantation General Hospital`s Certified Notice of Cross Appeal filed.
PDF:
Date: 12/30/2002
Proceedings: Certified Notice of Appeal filed by Petitioner.
PDF:
Date: 12/13/2002
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/10/2002
Proceedings: DOAH Final Order
PDF:
Date: 12/10/2002
Proceedings: Amended Final Order and Award issued. CASE CLOSED.
PDF:
Date: 11/05/2002
Proceedings: Order issued. (Respondent`s motion is DENIED.)
PDF:
Date: 10/31/2002
Proceedings: Florida Birth-Related Neurological Injury Compensation Association`s Motion for Extension of Time (filed via facsimile).
PDF:
Date: 10/31/2002
Proceedings: Letter to Judge Kendrick from M. Gattegno advising of election to proceed to Circuit Court (filed via facsimile).
PDF:
Date: 10/24/2002
Proceedings: Notice of Filing, Transcript (Telephonic Conference Call) filed.
PDF:
Date: 10/18/2002
Proceedings: Order issued. (Petitioners and Respondent shall, within the next 14 days, attempt, among themselves, to reach an agreement on the reasonable expenses incurred in connection with the filing of the claim, if the parites are unable to reach such agreement, they will notify the administrative law judge in writing at the close of such 14-day period, and a hearing will be scheduled to resolve such issue)
PDF:
Date: 10/08/2002
Proceedings: Florida Birth-Related Neurological Injury Compensation Association`s Motion for Entry of a Final Order and for Telephone Conference filed.
PDF:
Date: 10/04/2002
Proceedings: BY ORDER OF THE COURT: (Appellee Abifaraj`s Motion to Dismiss filed September 19, 2002, is GRANTED. further ORDERED: Florida Birth-Related Neurological Injury Compensation Association`s Motion filed September 26, 2002, to Reliquish Jurisdiction is DISMISSED.)
PDF:
Date: 10/04/2002
Proceedings: Letter to Parties from Judge W. Kendrick advising of proposal to defer any further action on this case until the Fourth District Court of Appeal has resolved the matter currently pending in it`s court; issued.
PDF:
Date: 09/13/2002
Proceedings: Mandate filed.
PDF:
Date: 09/09/2002
Proceedings: BY ORDER OF THE COURT: (This court`s abatement entered on June 13, 2002, is hereby lifted. further ORDERED: (the Appellees` answer brief shall be served within 30 days from the date of this order) filed.
PDF:
Date: 06/17/2002
Proceedings: BY ORDER OF THE COURT: (Appellant`s Motion to Abate filed February 5, 2002, is GRANTED) filed.
PDF:
Date: 05/15/2002
Proceedings: BY ORDER OF THE COURT: (Appellee, Abifaraj`s Unopposed Motion filed May 8, 2002, for Further Extension of Time is GRANTED) filed.
PDF:
Date: 04/15/2002
Proceedings: BY ORDER OF THE COURT: (Appellee, Abifaraja`s, Unpposed Motion for Further Extension of Time filed April 8, 2002, is granted) filed.
PDF:
Date: 03/20/2002
Proceedings: BY ORDER OF THE COURT: (Appellee`s Unopposed Motion filed March 11, 2002, for Extension of Time is GRANTED) filed.
PDF:
Date: 03/04/2002
Proceedings: BY ORDER OF THE COURT: (Appellees are directed to respond, within 10 days from the date of this order, to Appellants` Motion to Abate) filed.
Date: 02/06/2002
Proceedings: BY ORDER OF THE COURT: (Appellant`s, John L. Rinella, M.D., Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A. and Plantation General Hospital`s Motions for Extension of Time filed January 31, 2002, are GRANTED) filed.
PDF:
Date: 01/29/2002
Proceedings: Opinion filed.
PDF:
Date: 01/28/2002
Proceedings: Mandate
PDF:
Date: 01/28/2002
Proceedings: Opinion
PDF:
Date: 01/14/2002
Proceedings: BY ORDER OF THE COURT: (Appellant`s, Joaquin Taranco, M.D. and Taranco & Associates Anesthesiology Group, P.A. d/b/a Plantation-Tamarac Anesthesia Group, P.A.`s Notice of Joinder in Motion for Extension of Time filed January 10, 2002, is treated as a Motion for Extension of Time and is determined to be MOOT) filed.
PDF:
Date: 01/10/2002
Proceedings: BY ORDER OF THE COURT: (Appellant`s, Joaquin Taranco, M.D. and Taranco & Associates Anethesiology Group, P.A. d/b/a Plantation-Tamarac Anesthesia Group, P.A.`s Motion (Notice and Revised Notices of Joinder) filed December 31, 2001, for Extension of Time is GRANTED) filed.
PDF:
Date: 01/04/2002
Proceedings: BY ORDER OF THE COURT: (Appellants, John L. Rinella, M.D., Hudanich, Greenberg, Ralph & Sijin, P.A. and Plantation General Hospital`s Motions filed December 26, 2001 and December 28, 2001, for Extension of Time are GRANTED) filed.
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Date: 12/26/2001
Proceedings: Index; Record, Certificate of Record sent.
Date: 12/20/2001
Proceedings: Received payment in the amount of $156.00 for Record on Appeal filed.
Date: 12/13/2001
Proceedings: Florida Birth-Related Neurological Compensation Association`s Certified Notice of Appeal sent.
Date: 12/13/2001
Proceedings: Index sent in DCA Case No. 1D01-4257.
Date: 12/12/2001
Proceedings: Statement of Service Preparation of Record sent.
Date: 12/12/2001
Proceedings: Index sent in DCA Case No. 4D01-4117.
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Date: 11/29/2001
Proceedings: Notice of Joinder in Responses to Order to Show Cause filed by E. Galicia
Date: 11/28/2001
Proceedings: Notice of Withdrawel as Co-Counsel filed by Respondent.
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Date: 11/05/2001
Proceedings: Certified Notice of Appeal of Final Order (filed by Intervenor, J. Rinella, M.D.).
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Date: 11/01/2001
Proceedings: Notice of Appearance (filed by E. Galicia).
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Date: 10/19/2001
Proceedings: Florida Birth-Related Neurological Injury Compensation Association`s Notice of Appeal filed.
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Date: 10/19/2001
Proceedings: Intervenor Taranco`s Notice of Joinder in Intervenor, John L. Rinella, M.D., and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A.`s October 17, 2001 Appeal (filed via facsimile).
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Date: 10/18/2001
Proceedings: Notice of Appeal of Final Order filed by Intervenor/Appellant.
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Date: 10/18/2001
Proceedings: Intervenor, Plantation General Hospital`s Notice of Joinder in Appeal filed.
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Date: 10/17/2001
Proceedings: Petitioner`s Notice of Rejection filed.
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Date: 10/12/2001
Proceedings: Petitioner`s Notice of Rejection filed.
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Date: 09/21/2001
Proceedings: DOAH Final Order
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Date: 09/21/2001
Proceedings: Final Order issued (hearing held July 25, 2001). CASE CLOSED.
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Date: 09/05/2001
Proceedings: Petitioner`s Brief on the Inadmissibility of the Unsworn Statement for Use in an Administrative Hearing (filed via facsimile).
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Date: 09/05/2001
Proceedings: Intervenor Taranco`s Notice of Adoption of Proposed Final Order of Intervenor, John L. Rinella, M.D., and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A. (filed via facsimile).
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Date: 09/04/2001
Proceedings: Notice of Filing Respondent`s Proposed Final Order filed.
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Date: 09/04/2001
Proceedings: (Proposed) Final Order filed by M. Gattegno.
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Date: 09/04/2001
Proceedings: Intervenor, Plantation General Hospital`s Notice of Filing, Findings of Fact and Proposed Order, (Proposed) Final Order (filed via facsimile).
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Date: 09/04/2001
Proceedings: Respondent`s Proposed Final Order (filed via facsimile).
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Date: 09/04/2001
Proceedings: (Proposed) Order of Evidentiary Hearing of July 25, 2001 (filed by Intervenor for John L. Rinella via facsimile).
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Date: 08/31/2001
Proceedings: Letter to Parties from Judge W. Kendrick issued. (Parties may submit a brief or other written argument on the issue of bad faith, on or before the deadline established for the submission of proposed final orders).
Date: 08/22/2001
Proceedings: Notice of Filing, Transcript of Video Teleconference Hearing filed.
Date: 07/25/2001
Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
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Date: 07/25/2001
Proceedings: Notice of Filing, Deposition of Rayya Abifaraj filed.
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Date: 07/11/2001
Proceedings: Intervenor, Plantation General Hospital`s Notice of Adoption of Witness and Exhibit Lists filed.
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Date: 07/09/2001
Proceedings: Notice of Taking Deposition (R. Abifaraj) filed.
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Date: 07/05/2001
Proceedings: Disclosure of Witnesses on Behalf of Intervenor John L. Rinella, M.D. and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A. filed.
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Date: 07/02/2001
Proceedings: Defendants, Joaquin Taranco, M.D., and Taranco & Associates Anesthesiology Group, P.A. d/b/a Plantation-Tamarac Anesthesia Group, P.A.`s Witness and Exhibit Lists filed.
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Date: 06/28/2001
Proceedings: (Proposed) Order granting Joaquin Taranco, M.D. and Taranco & Associates Anesthesiology Group, P.A. d/b/a Plantation-Tamarac Anesthesia Group, P.A. Motion for Leave to Intervene filed.
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Date: 06/08/2001
Proceedings: Copy of Letter to Ginger from P. Singleton confirming court reporter filed.
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Date: 06/05/2001
Proceedings: Letter to Judge Leonard L. Stafford (of Broward County) from T. Martin (informing Judge Stafford that this case is still under jurisdiction of the Division of Administrative Hearings) filed.
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Date: 05/23/2001
Proceedings: Order issued (Plantation General Hospital`s ore tenus Motion for Leave to Intervene is GRANTED).
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Date: 05/23/2001
Proceedings: Notice of Hearing by Video Teleconference issued (video hearing set for July 25, 2001; 9:00 a.m.; Fort Lauderdale and Tallahassee, FL).
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Date: 05/21/2001
Proceedings: Letter to M. Gattegno from K. Plante (follow-up to Mr. Gattegno`s letters of March 5 and 12, 2001) filed via facsimile.
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Date: 05/16/2001
Proceedings: Notice of Status Conference (filed by P. Singleton via facsimile).
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Date: 04/27/2001
Proceedings: Notice of Vacation (L. Silsby) filed.
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Date: 03/13/2001
Proceedings: Petitioner`s Brief on Jurisdictional Issues filed.
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Date: 03/06/2001
Proceedings: Letter to M. Gattegno from K. Plante regarding petition for benefit filed.
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Date: 02/20/2001
Proceedings: Respondent`s Notice of Canceling Telephonic Deposition of Dr. C. Kalstone (filed via facsimile).
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Date: 02/19/2001
Proceedings: Notice of Appearance (filed by W. Brewton).
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Date: 02/19/2001
Proceedings: Notice of Withdrawal of Counsel filed by W. Moody.
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Date: 02/15/2001
Proceedings: Notice of Appearance (filed by P. Savage).
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Date: 02/15/2001
Proceedings: Letter to Judge Kendrick from D. Stosik response to the Claimants` position set forth in their letter of February 7, 2001 (filed via facsimile).
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Date: 02/14/2001
Proceedings: Letter to Judge Kendrick from J. Mauro in response to Claimant`s February 7, 2001 letter addressing the issues for resolution filed.
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Date: 02/14/2001
Proceedings: Letter to Judge W. Kendrick from M. Jobes agreeing that case should be bifurcated (filed via facsimile).
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Date: 02/08/2001
Proceedings: Letter to Judge W. Kendrick from M. Gattegno in response to telephone conference (filed via facsimile).
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Date: 01/24/2001
Proceedings: Respondent`s Notice of Canceling Telephone Deposition and Rescheduling Telephone Deposition filed.
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Date: 01/11/2001
Proceedings: Response to Administrative Order of November 29, 2000 filed by Respondent.
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Date: 01/05/2001
Proceedings: Defendant`s Notice of Joinder filed.
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Date: 12/29/2000
Proceedings: Defendant`s Notice of Joinder filed.
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Date: 12/19/2000
Proceedings: Response to Administrative Order of November 29, 2000 filed by Interveners.
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Date: 12/15/2000
Proceedings: Response to Order for Hearing Date filed by Intervenors.
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Date: 11/29/2000
Proceedings: Order issued. (John L. Rinella, M.D. and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A., and Joaquin Taranco, M.D. and Taranco & Associates Anesthesiology Group, P.A. d/b/a Plantation-Tamarac Anesthesia Group, P.A. Motions to Intervene is granted.)
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Date: 11/29/2000
Proceedings: Order issued. (Within 14 days of the dates of this order the parties advise the undersigned in writing as to the earliest date they will be prepared to proceed to hearing.)
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Date: 11/28/2000
Proceedings: Letter to L. Larson from C. Kalstone (notice of receipt of mother and baby birth record) filed.
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Date: 11/28/2000
Proceedings: Notice of Filing filed by L. Larson.
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Date: 11/28/2000
Proceedings: Exhibits filed.
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Date: 11/27/2000
Proceedings: Notice of Assignment of File filed by L. Larson.
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Date: 11/27/2000
Proceedings: Request for Evidentiary Hearing on Compensability filed by Respondent.
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Date: 11/17/2000
Proceedings: Amended Motion to Intervene filed by John L. Rinella, M.D. and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A.
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Date: 11/09/2000
Proceedings: Motion to Intervene filed by Joaquin Taranco, M.D., and Taranco & Associates Anesthesiology Group, P.A. d/b/a Plantation-Tamarac Anesthesia Group, P.A.
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Date: 11/06/2000
Proceedings: Motion to Intervene (filed by John L. Rinella, M.D. and Rinella, Hudanich, Greenberg, Ralph & Sijin, P.A.).
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Date: 11/02/2000
Proceedings: Order issued. (Respondent`s Motion to Accept L. Larson as its Qualified Representative is GRANTED.)
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Date: 10/31/2000
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by Respondent.
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Date: 10/26/2000
Proceedings: Letter to parties of record from Elma Moore enclosing NICA claim for compensation with medical records sent out.
Date: 10/25/2000
Proceedings: NICA Medical Records filed (not available for viewing).
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Date: 10/25/2000
Proceedings: Notice issued.
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Date: 10/25/2000
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et. seq. filed.

Case Information

Judge:
WILLIAM J. KENDRICK
Date Filed:
10/25/2000
Date Assignment:
10/26/2000
Last Docket Entry:
01/11/2006
Location:
Fort Lauderdale, Florida
District:
Southern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (21):