01-003469N
Courtney Lynn Glenn, A Minor, By And Through Gregory H. Fisher, As Court Appointed Guardian Of The Property Of Courtney Lynn Glenn, And Anna Lentini, F/K/A Anna Glenn And Christopher Glenn, Individually vs.
Florida Birth-Related Neurological Injury Compensation Association
Status: Closed
DOAH Final Order on Friday, January 27, 2012.
DOAH Final Order on Friday, January 27, 2012.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8COURTNEY LYNN GLENN, a minor, )
14by and through GREGORY H. )
20FISHER, as court appointed )
25guardian of the property of )
31COURTNEY LYNN GLENN, and ANNA )
37LENTINI, f/k/a ANNA GLENN, and )
43CHRISTOPHER GLENN, )
46individua lly, )
49)
50Petitioners, )
52)
53vs. ) C ase No. 01 - 3469N
61)
62FLORIDA BIRTH - RELATED )
67NEUROLOGICAL INJURY )
70COMPENSATION ASSOCIATION, )
73)
74Respondent, )
76)
77and )
79)
80ALL CHILDREN'S HOSPITAL, INC., )
85)
86Intervenor. )
88)
89FINAL ORDER
91On April 16, 2002, an Order was entered in the above - styled
104case which resolved that the notice provisions of the Florida
114Birth - Related Neurological Injury Compensation Plan (Plan) were
123not satisfied. Consequently, the Order, which is incorporated
131herein by reference, concluded that:
136. . . Petitioners are accorded 30 days from
145the date of this Order to elect, in writing,
154whether to waive notice and pursue a claim
162for Plan benefits or whether to pursue their
170civil remedi es in lieu of pursuing a claim
179for Plan benefits.
182On April 26, 2002, and May 2, 2002, Petitioners,
191Courtney Lynn Glenn, a minor, by and through Gregory H. Fisher,
202as court - appointed guardian of the property of Courtney Lynn
213Glenn, and Anna Lentini, f/k/ a Anna Glenn and Christopher Glenn,
224individually, filed their responses to the Order of April 16,
2342002, and elected to pursue their civil remedies in lieu of a
246claim for Plan benefits.
250Given Petitioners' election, the claim for benefits need not
259be addre ssed. Therefore, it is
265ORDERED that the file of the Division of Administrative
274Hearings is closed.
277DONE AND ORDERED this 10th day of May, 2002, in Tallahassee,
288Leon County, Florida.
291___________________________________
292WILLIAM J. KENDRICK
295Administrative La w Judge
299Division of Administrative Hearings
303The DeSoto Building
3061230 Apalachee Parkway
309Tallahassee, Florida 32399 - 3060
314(850) 488 - 9675 SUNCOM 278 - 9675
322Fax Filing (850) 921 - 6847
328www.doah.state.fl.us
329Filed with the Clerk of the
335Division of Administrative Hearings
339this 10th day of May, 2002.
345COPIES FURNISHED:
347(By certified mail)
350Larry D. Beltz, Esquire
354Steven C. Ruth, Esquire
358Beltz, Ruth, Magazine & Newman, P.A.
364Post Office Box 16008
368St. Petersburg, Florida 33733
372Lynn Larson, Executive Director
376Flor ida Birth - Related Neurological
382Injury Compensation Association
3851435 Piedmont Drive, East, Suite 101
391Post Office Box 14567
395Tallahassee, Florida 32312
398Timothy F. Prugh, Esquire
402Prugh, Holliday & Deem
4061009 West Platt Street
410Tampa, Florida 33606
413Lynn Wal ker - Wright, Esquire
419Wright, Railey & Harding
4232716 Rew Circle, Suite 102
428Ocee, Florida 34761
431C. Howard Hunter, Esquire
435Hilary C. High, Esquire
439Hill, Ward & Henderson, P.A.
444101 East Kennedy Boulevard, Suite 3700
450Tampa, Florida 33601
453David J. Moreland, M. D.
458601 7th Street, South
462St. Petersburg, Florida 33701
466All Children's Hospital
469801 6th Street
472St. Petersburg, Florida 33701
476Ms. Charlene Willoughby
479Agency for Health Care Administration
484Consumer Services Unit
487Post Office Box 14000
491Tallahassee, Florida 32308
494Mark Casteel, General Counsel
498Department of Insurance
501The Capitol, Lower Level 26
506Tallahassee, Florida 32399 - 0300
511NOTICE OF RIGHT TO JUDICIAL REVIEW
517A party who is adversely affected by this final order is entitled
529to judicial review pursuant to Sections 120.68 and 766.311,
538Florida Statutes. Review proceedings are governed by the Florida
547Rules of Appellate Procedure. Such proceedings are commenced by
556filing one copy of a Notice of Appeal with the Agency Clerk of the
570Division of Administrative Hearings and a second copy, accompanied
579by filing fees prescribed by law, with the appropriate District
589Court of Appeal. See Section 120.68(2), Florida Statutes, and
598Florida Birth - Related Neurological Injury Compensation Association
606v. Carreras , 598 So. 2d 299 (Fla. 1st DCA 1992). The Notice of
619Appeal must be filed within 30 days of rendition of the order to
632be reviewed.
- Date
- Proceedings
- PDF:
- Date: 02/06/2012
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 02/02/2012
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 02/01/2012
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 01/27/2012
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 01/27/2012
- Proceedings: Final Order On Compensability (hearing held November 17, 2011). CASE CLOSED.
- Date: 12/06/2011
- Proceedings: Transcript and Medical Records filed (not available for viewing).
- Date: 12/06/2011
- Proceedings: Transcript (not available for viewing) filed.
- Date: 11/17/2011
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 11/14/2011
- Proceedings: Letter to DOAH from C. Hunter regarding to attend the final hearing filed.
- PDF:
- Date: 11/07/2011
- Proceedings: Letter to Judge Davis from S. Ruth in response to Order of October 4, 2011 filed.
- PDF:
- Date: 11/07/2011
- Proceedings: Letter to Judge Davis from W. Brewton in response to Order of October 4, 2011 filed.
- PDF:
- Date: 10/05/2011
- Proceedings: Petitioners' Amended Election Pursuant to Order Entered on April 16, 2002 filed.
- PDF:
- Date: 10/05/2011
- Proceedings: Petitioners' Reply to Respondent's Response to ALJ's Order of July 12, 2011 filed.
- PDF:
- Date: 08/08/2011
- Proceedings: Order (granting Petitioners' unopposed motion to extend deadline to file memorandum).
- Date: 05/16/2011
- Proceedings: Records returned from the Second District Court of Appeal filed.
- PDF:
- Date: 05/13/2011
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for November 17 and 18, 2011; 9:30 a.m.; St. Petersburg and Tallahassee, FL).
- Date: 05/11/2011
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 04/18/2011
- Proceedings: Notice of Adoption of Motion Filed by Courtney Lynn Glenn for Hearing on Determination of Compensability of Instant Claim filed.
- PDF:
- Date: 04/07/2011
- Proceedings: All Children's Hospital Inc.'s Reply to NICA's Response to Petitioners' Motion for Hearing on Determination of Compensability filed.
- PDF:
- Date: 04/04/2011
- Proceedings: NICA's Response to Intervenor, All Children's Hosptial's Motion for Determination of Compensability filed.
- PDF:
- Date: 03/23/2011
- Proceedings: Motion of Intervenor, all Children's Hospital Inc. for Determination of Compensability filed.
- PDF:
- Date: 03/21/2011
- Proceedings: NICA's Response to the Petitioners' Motion for Hearing on Determination of Compensability of the Instant Claim filed.
- PDF:
- Date: 03/16/2011
- Proceedings: Petitioners' Courtney Lynn Glenn's, a Minor, by and through Gregory H. Fisher, as Court Appointed Guardian of the Property of Courtney Lynn Glenn, and Anna Lentini's, f/k/a Anna Glenn, Motion for Hearing on Determination of Compensability of the Instant Claim filed.
- PDF:
- Date: 02/24/2011
- Proceedings: Notice of Filing the Decision of the Second District Court of Appeal filed.
- PDF:
- Date: 02/22/2011
- Proceedings: BY ORDER OF THE COURT: All Children's Hospital, Inc.'s motion to relinquish jurisdiction to the Division of Administrative Hearings and Courtney Lynn Glenn's and Anna Lentini's Motion for Remand are denied filed.
- PDF:
- Date: 09/13/2010
- Proceedings: Appellee, Christopher Glenn's Motion for Remand to Circuit Court filed.
- PDF:
- Date: 07/02/2010
- Proceedings: Amended Motion for Leave to Withdraw as Counsel for NICA (amended omly as to attach proposed order) filed.
- PDF:
- Date: 06/14/2010
- Proceedings: Order (parties to file with the Division a copy of the mandate issued by the Florida Supreme Court within 10 days of instant notice; parties shall file with the Division a copy of the District Court's opinion within 10 days of the entry of an opinion by the Second District Court of Appeals; parties shall advise of the need for any further proceedings before the Division and/or wheather an Order of Remand may be entered without further proceedings within 20 days of the entry of a mandate by the Second District Court of Appeals).
- PDF:
- Date: 05/10/2004
- Proceedings: Respondents`, Courtney Lynn Glenn, a Minor, by and through Gregory H. Fisher, as Court Appointed Guardian of the Property of Courtney Lynn Glenn and Anna Lentini, f/k/a Anna Glenn, Response Brief to Petitioner`s Motion to Strike Answer Brief filed.
- PDF:
- Date: 04/27/2004
- Proceedings: Petitioner`s Motion to Strike Answer Brief of Courtney Lynn Glenn, A Minor, by and through Gregory H. Fisher, as Court Appointed Guardian of the Property of Courtney Lynn Glenn and Anna Lentini f/k/a Anna Glenn filed.
- PDF:
- Date: 04/16/2004
- Proceedings: Petitioner`s Response in Opposition to Respondent, Christopher Glenn`s Motion to Supplement the Record and Petitioner`s Motion to Strike Answer Brief filed.
- PDF:
- Date: 04/14/2004
- Proceedings: On Discretionary Review from a Decision of the Second District Court of Appeal filed.
- PDF:
- Date: 04/05/2004
- Proceedings: Motion to Supplement the Record of Respondent, Christopher Glenn filed by Respondent.
- PDF:
- Date: 05/14/2003
- Proceedings: Order from the District Court of Appeal: "The motion filed by Florida Birth-Related Neurological Injury Compensation to realign the parties is granted."
- PDF:
- Date: 12/09/2002
- Proceedings: Order from the District Court of Appeal: Appellant`s motion for extension of time is granted and reply brief shall be served by January 9, 2003 filed.
- PDF:
- Date: 09/30/2002
- Proceedings: Order from the District Court of Appeal: "appellant`s motion for extension of time is granted."
- PDF:
- Date: 09/13/2002
- Proceedings: BY ORDER OF THE COURT: (the motion for extension of time filed by C. Glenn is granted) filed.
- PDF:
- Date: 09/11/2002
- Proceedings: BY ORDER OF THE COURT: (the motion for extension of time filed by C. Glenn and A. Lentini is granted) filed.
- Date: 07/22/2002
- Proceedings: Received payment for record on appeal filed.
- Date: 07/02/2002
- Proceedings: Statement of Service Preparation of Record sent out.
- PDF:
- Date: 06/27/2002
- Proceedings: BY ORDER OF THE COURT: (Appellant`s motion for extension of time is granted) filed.
- PDF:
- Date: 06/10/2002
- Proceedings: BY ORDER OF THE COURT: (Appellee`s motion for substitution of counsel is granted) filed.
- Date: 06/02/2002
- Proceedings: Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D02-1638
- PDF:
- Date: 05/02/2002
- Proceedings: Letter to DOAH from the District Court of Appeal filed. DCA Case No. 2D02-1638
- PDF:
- Date: 05/02/2002
- Proceedings: Amended Petition on Behalf of Christopher Glenn to Pursue Civil Remedy in Lieu of Proceeding a Claim for Plan Benefits (filed via facsimile).
- PDF:
- Date: 04/26/2002
- Proceedings: Petitioners` Election Pursuant to Order Entered on April 16, 2002 filed.
- PDF:
- Date: 04/16/2002
- Proceedings: Order issued. (petitioners are accorded 30 days from the date of this order to elect, in writing, whether to waive notice and pursue a claim for plan benefits or whether to pursue their civil remedies in lieu of pursuing a claim for plan benefit)
- PDF:
- Date: 03/19/2002
- Proceedings: Letter to Judge Kendrick from L. Beltz in response to H. Hunter`s proposed final orders (filed via facsimile).
- PDF:
- Date: 03/18/2002
- Proceedings: Letter to Judge Kendrick from C. Hunter requesting reconsideration of ruling (filed via facsimile).
- PDF:
- Date: 03/08/2002
- Proceedings: Letter to C. Hunter from Judge Kendrick sent out regarding date for filing proposed order
- PDF:
- Date: 03/07/2002
- Proceedings: Letter to Judge Kendrick from C. H. Hunter requesting extension of time (filed via facsimile).
- Date: 03/06/2002
- Proceedings: Transcript and Medical Records filed (not available for viewing).
- Date: 02/12/2002
- Proceedings: Petitioners` Request for Judicial Notice filed.
- Date: 02/12/2002
- Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
- Date: 02/11/2002
- Proceedings: Deposition of Richard Sheridan and Medical Records filed (not available for viewing).
- Date: 02/08/2002
- Proceedings: Request for Juducual Notice and Medical Records filed (not available for viewing).
- Date: 02/08/2002
- Proceedings: Deposition of Robert Yelverton and Medical Records filed (not available for viewing).
- Date: 02/08/2002
- Proceedings: Deposition of Charles Kalstone and Medical Records filed (not available for viewing).
- Date: 02/08/2002
- Proceedings: Continuation of Deposition of Charles Kalstone and Medical Records filed (not available for viewing).
- PDF:
- Date: 02/08/2002
- Proceedings: Pre-Hearing Stipulation of the Parties (filed by C. Hunter via facsimile).
- PDF:
- Date: 02/08/2002
- Proceedings: Pre-Hearing Stipulation of the Parties Joint (filed via facsimile).
- PDF:
- Date: 02/08/2002
- Proceedings: Petitioners` Notice of Filing of Deposition; Deposition (of Charles Kalstone, M.D.) filed.
- PDF:
- Date: 02/08/2002
- Proceedings: Notice of Filing, Deposition of: Robert W. Yelverton, M.D. filed.
- PDF:
- Date: 02/08/2002
- Proceedings: Notice of Filing ( Continuation of Deposition of Charles Kalstone, M.D.) filed.
- PDF:
- Date: 02/07/2002
- Proceedings: Notice of Service of Answers to Hearing Interrogatories Propounded by Intervenor to Petitioners (filed by L Beltz via facsimile).
- PDF:
- Date: 02/06/2002
- Proceedings: Notice of Adoption of Witness List and Exhibit List Filed by Courtney Lynn Glenn and Her Attorney filed.
- PDF:
- Date: 02/01/2002
- Proceedings: Petitioner, Christopher Glenn`s, Response to Intervenor`s Request for Admissions filed.
- PDF:
- Date: 02/01/2002
- Proceedings: Notice of Serving Amended Answers to Expert Witness Interrogatories filed by C. Hunter
- Date: 01/31/2002
- Proceedings: Courtney Glenn Volume III and Medical Records filed (not available for viewing).
- Date: 01/31/2002
- Proceedings: Courtney Glenn Volume II and Medical Records filed (not available for viewing).
- Date: 01/31/2002
- Proceedings: Courtney Glenn Volume I and Medical Records filed (not available for viewing).
- Date: 01/31/2002
- Proceedings: Courtney Glenn Volume I and Medical Records filed (not available for viewing).
- PDF:
- Date: 01/28/2002
- Proceedings: Order issued (Intervenor`s Motion for Order Governing Case Management is granted; Petitioner`s Motion to Compel Better Answers to Expert Interrogatories is granted).
- PDF:
- Date: 01/28/2002
- Proceedings: Intervenor`s Response to Petitioner`s First Request for Production filed.
- PDF:
- Date: 01/28/2002
- Proceedings: Notice of Serving Answers to Interrogatories filed by Intervenor.
- PDF:
- Date: 01/24/2002
- Proceedings: Letter to Judge Kendrick from C. Hunter re: hearing regarding Motion to Compel (filed via facsimile).
- PDF:
- Date: 01/24/2002
- Proceedings: Motion For Order Governing Case Management (filed via facsimile).
- PDF:
- Date: 01/24/2002
- Proceedings: Notice of Adoption of all Discovery Responses Filed by Courtney Lynn Glenn and her Attorney filed.
- PDF:
- Date: 01/24/2002
- Proceedings: Letter to Judge Kendrick from H. Hunter in response to Petitioner`s Motion to Compel (filed via facsimile).
- PDF:
- Date: 01/23/2002
- Proceedings: Petitioners` Motion to Compel Better Answers to Expert Interrogatories (filed via facsimile)
- PDF:
- Date: 01/22/2002
- Proceedings: Petitioners` Response to Intervenor`s Request for Admissions filed.
- PDF:
- Date: 01/22/2002
- Proceedings: Notice of Serving Answers to Expert Interrogatories filed by Intervenor.
- PDF:
- Date: 01/22/2002
- Proceedings: Letter to Counsel from H. Hunter regarding objections to order governing case management (filed via facsimile).
- PDF:
- Date: 01/18/2002
- Proceedings: Motion for Order Governing Case Management (filed by Intervenor via facsimile).
- Date: 01/18/2002
- Proceedings: Answers to Expert Interrogatories (filed by Intervenor via facsimile).
- PDF:
- Date: 01/18/2002
- Proceedings: Notice of Serving Answers to Expert Interrogatories (filed by Intervenor via facsimile).
- PDF:
- Date: 01/18/2002
- Proceedings: Letter to Judge Kendrick regarding hearing on Motion to Compel (filed via facsimile).
- PDF:
- Date: 01/17/2002
- Proceedings: Notice of Service of Expert Interrogatories to Defendant (filed via facsimile).
- PDF:
- Date: 01/17/2002
- Proceedings: Letter to Judge Kendrick from H. Hunter regarding discovery requests (filed via facsimile).
- PDF:
- Date: 01/17/2002
- Proceedings: Letter to Judge Kendrick from S. Ruth requesting schedule of hearing on Petitioners` Motion to Compel (filed via facsimile).
- PDF:
- Date: 01/07/2002
- Proceedings: Letter to Parties from L. Wright enclosing Dr. Kalstone`s second opinion letter dated 12/18/01 filed.
- Date: 01/07/2002
- Proceedings: Respondent`s Disclosure of Expert Witness filed.
- Date: 01/07/2002
- Proceedings: Notice of Filing filed by Respondent.
- PDF:
- Date: 01/07/2002
- Proceedings: Notice of Taking Telephonic Deposition (Contiuation of deposition taken on December 13, 2001), C. Kalstone filed.
- PDF:
- Date: 12/21/2001
- Proceedings: Notice of Service of Interrogatories to Intervenor filed by Petitioner.
- PDF:
- Date: 12/14/2001
- Proceedings: Notice of Service of Expert Interrogatories to Defendant filed by Petitioners.
- PDF:
- Date: 12/06/2001
- Proceedings: Notice of Service of Answers to Interrogatories Propounded by Respondent to Petitioners filed by Petitioner.
- PDF:
- Date: 11/20/2001
- Proceedings: Notice of Hearing issued (hearing set for February 12, 2002; 9:00 a.m.; St. Petersburg, FL).
- PDF:
- Date: 11/20/2001
- Proceedings: Response to Petitioner`s Objection to All Children`s Hospital`s Motion to Intervene filed by Intervenor.
- PDF:
- Date: 11/13/2001
- Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association`s Notice of Service of First Interrogatories to Petitioner, Anne Lentini f/k/a Anna Glenn filed.
- PDF:
- Date: 11/13/2001
- Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association`s Notice of Service of First Interrogatories to Petitioner, Christopher Glenn filed.
- PDF:
- Date: 11/13/2001
- Proceedings: Petitioners` Objection to All Children`s Hospital`s Motion to Intervene filed.
- PDF:
- Date: 11/08/2001
- Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association`s Notice of Service of First Interrogatories to Petitioner, Anne Lentini f/k/a Anna Glenn. filed.
- PDF:
- Date: 11/08/2001
- Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association`s Notice of Service of First Interrogatories to Petitioner, Christopher Glenn filed.
- PDF:
- Date: 11/08/2001
- Proceedings: Petitioners` Objection to All Children`s Hospital`s Motion to Intervene (filed via facsimile).
- PDF:
- Date: 11/02/2001
- Proceedings: Memo to Judge Kendrick from S. Ruth advising of available dates filed.
- PDF:
- Date: 10/29/2001
- Proceedings: Letter to Judge Kendrick from L. Wright regarding date available for hearing filed.
- PDF:
- Date: 10/17/2001
- Proceedings: Order issued (parties shall respond with mutually agreeable hearing dates within 14 days from the date of this order).
- PDF:
- Date: 10/12/2001
- Proceedings: Notice of Noncompensability and Request for Evidentiary Hearing on Compensability (filed by Respondent via facsimile).
- PDF:
- Date: 10/09/2001
- Proceedings: Petitioner`s Response to Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
- PDF:
- Date: 09/20/2001
- Proceedings: Order issued (Respondent`s motion to accept L. Larson as its qualified representative is granted).
- PDF:
- Date: 09/19/2001
- Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed by Respondent.
- PDF:
- Date: 09/04/2001
- Proceedings: Letter to parties of record from Ann Luchini enclosing NICA claim for compensation with medical records sent out.
- PDF:
- Date: 09/04/2001
- Proceedings: Notice that this case is now before the Division of Administrative Hearings sent out.
- Date: 08/30/2001
- Proceedings: NICA Medical Records filed (not available for viewing).
Case Information
- Judge:
- ELLA JANE P. DAVIS
- Date Filed:
- 08/30/2001
- Date Assignment:
- 03/14/2011
- Last Docket Entry:
- 02/06/2012
- Location:
- St. Petersburg, Florida
- District:
- Middle
- Suffix:
- N
Counsels
-
Wilbur E. Brewton, Esquire
Address of Record -
C. Howard Hunter, Esquire
Address of Record -
Timothy F Prugh, Esquire
Address of Record -
Steven C Ruth, Esquire
Address of Record -
Kenney Shipley, Executive Director
Address of Record -
Chafica A. Singha, Esquire
Address of Record -
Tana D. Storey, Esquire
Address of Record -
Tana D Storey, Esquire
Address of Record -
Wilbur E Brewton, Esquire
Address of Record -
Steven C. Ruth, Esquire
Address of Record