02-000331N
Kimberly Jackson, As The Personal Representative Of The Estate Of Justin Jackson, A Deceased Minor vs.
Florida Birth-Related Neurological Injury Compensation Association
Status: Closed
DOAH Final Order on Friday, December 19, 2003.
DOAH Final Order on Friday, December 19, 2003.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8KIMBERLY JACKSON, as the )
13Personal Representative of the )
18Estate of JUSTIN JACKSON, a )
24deceased minor, )
27)
28Petitioner, )
30)
31vs. )
33) Case No. 02 - 0331N
39FLORIDA BIRTH - RELATED )
44NEUROLOGICAL INJURY )
47COMPENSATION ASSOCIATION, )
50)
51Respon dent, )
54)
55and )
57)
58HOMESTEAD HOSPITAL, INC. and )
63DENNIS GUTIERREZ, C.R.N.A., )
67)
68Intervenors. )
70)
71FINAL ORDER APPROVIN G STIPULATION AND JO INT PETITION FOR
81C OMPENSATION OF CLAIM ARISING OUT OF FLOR IDA BIRTH - RELATED
93NEUROLOGICAL INJURY PURSUANT TO CHAPTER 766, FLORIDA STATUTE S
102This cause came on to be heard pursuant to Section 766.304,
113Florida Statutes, 1 upon the stipulation and joint petition of the
124Petition er and Respondent, filed December 16, 2003, for the
134entry of an order approving the resolution of a formal claim for
146compensation benefits heretofore filed in this cause in
154accordance with the provisions of Chapter 766, Florida Statutes,
163and a resolution o f the exclusive remedy otherwise available as
174outlined in Chapter 766, Florida Statutes, the Errata Sheet,
183executed by all parties and filed December 18, 2003, and the
194letters filed on behalf of Intervenors on December 18, 2003.
204By the terms of the Stipula tion, Errata Sheet, and
214agreement (by letter) of Intervenors, the parties have agreed
223that Petitioner, Kimberly Jackson, is the mother and Personal
232Representative of the Estate of Justin Jackson (Justin), a
241deceased minor; that Justin was born a live infan t on
252September 11, 2000, at Homestead Hospital, a hospital located in
262Dade County, Florida; and that his birth weight was in excess of
2742,500 grams. The parties have further agreed that the physician
285delivering obstetrical services during the birth of Just in was
295Mohamad Shahmohamady, who, at all times material hereto, was a
305participating physician in the Florida Birth - Related
313Neurological Injury Compensation Plan, as defined by Section
321766.302(7), Florida Statutes. Finally, the parties have agreed
329that Jus tin suffered a "birth - related neurological injury," as
340that term is defined by Section 766.302(2), Florida Statutes.
349After due consideration of the interests of all parties,
358and being otherwise fully advised in the premises, it is
368ORDERED that:
3701. The Sti pulation, filed December 16, 2003, as amended by
381the Errata Sheet, filed December 18, 2003, is hereby approved,
391and the parties are directed to comply with the provisions
401thereof.
4022. Kimberly Jackson, as the mother of Justin Jackson, a
412deceased minor, i s accorded a lump sum award of One hundred
424thousand dollars ($100,000.00).
4283. Upon payment of the lump sum award of One hundred
439thousand dollars ($100,000.00) to the mother (claimant) and
448attorney's fees and other expenses of Eleven thousand five
457hundred dollars ($11,500.00) incurred in pursuing the subject
466claim, the claim of Petitioner (claimant) shall be deemed fully
476satisfied and extinguished.
4794. The Division of Administrative Hearings retains
486jurisdiction over this matter to resolve any dispute as to the
497interpretation of any provision of the parties' stipulation and
506to resolve any disputes, should they arise, regarding the
515parties' compliance with the terms of such stipulation.
523DONE AND ORDERED this 19th day of December, 2003, in
533Tallahassee, Leon C ounty, Florida.
538S
539WILLIAM J. KENDRICK
542Administrative Law Judge
545Division of Administrative Hearings
549The DeSoto Building
5521230 Apalachee Parkway
555Tallahassee, Florida 32399 - 3060
560(850) 488 - 9675 SUNCOM 278 - 9675
568Fax Filing (850) 921 - 6847
574www.doah.state.fl.us
575Filed with the Clerk of the
581Division of Administrative Hearings
585this 19th day of December, 2003.
591ENDNOTE
5921/ All citations are to Florida Statutes (2000) unl ess
602otherwise indicated.
604COPIES FURNISHED :
607Wilbur E. Brewton, Esquire
611Roetzel & Andress
614225 South Adams Street, Suite 250
620Tallahassee, Florida 32302
623Andrew S. Connell, Esquire
627Marlow, Connell, Valerius, Abrams & Adler
6332950 Southwest 27th Avenue, Suite 200
639Miami, Florida 33133 - 3765
644Kenney Shipley, Executive Director
648Florida Birth - Related Neurological
653Injury Compensation Association
6561435 Piedmont Drive, East, Suite 101
662Post Office Box 14567
666Tallahassee, Florida 32308
669Jackson F. McCoy, Esquire
673Wicke r, Smith, O'Hara, McCoy, Graham & Ford, P.A.
682Grove Plaza, 5th Floor
6862900 Southwest 28th Terrace
690Miami, Florida 33133
693Orlando R. Ruiz, Esquire
697Law Offices of Orlando R. Ruiz
703Offices at Pinecrest, Suite 200
7087695 Southwest 104th Street
712Miami, Florida 33156
715Kathleen T. Murphy, Esquire
719Jugo & Murphy
722Offices at Pinecrest, Suite 200
7277695 Southwest 104th Street
731Miami, Florida 33156
734Mohamad Shahmohamady, M.D.
737151 Northwest 11th Street, Suite E - 204
745Homestead, Florida 33030
748Homestead Hospital, Inc.
751160 Northwe st 13th Street
756Homestead, Florida 33030
759Ms. Charlene Willoughby
762Department of Health
7654052 Bald Cypress Way, Bin C - 75
773Tallahassee, Florida 32399 - 3275
778NOTICE OF RIGHT TO JUDICIAL REVIEW
784A party who is adversely affected by this final order is entitled
796to judicial review pursuant to Sections 120.68 and 766.311,
805Florida Statutes. Review proceedings are governed by the Florida
814Rules of Appellate Procedure. Such proceedings are commenced by
823filing the original of a notice of appeal with the Agency Clerk
835o f the Division of Administrative Hearings and a copy,
845accompanied by filing fees prescribed by law, with the
854appropriate District Court of Appeal. See Section 766.311,
862Florida Statutes, and Florida Birth - Related Neurological Injury
871Compensation Associatio n v. Carreras , 598 So. 2d 299 (Fla. 1st
882DCA 1992). The notice of appeal must be filed within 30 days of
895rendition of the order to be reviewed.
- Date
- Proceedings
- PDF:
- Date: 01/07/2004
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/29/2003
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/26/2003
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/24/2003
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/22/2003
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/18/2003
- Proceedings: Notice of Filing, Errata Sheet (filed by Respondent via facsimile).
- PDF:
- Date: 12/18/2003
- Proceedings: Letter to Judge Kendrick from F. Blevins stating agreement to the amended stipulation (filed via facsimile).
- PDF:
- Date: 12/17/2003
- Proceedings: Letter to J. McCoy and F. Blevins from W. Brewton regarding the filed motion to accept stipulation and cancel hearing (filed via facsimile).
- PDF:
- Date: 12/17/2003
- Proceedings: Letter to Judge Kendrick from K. Murphy regarding no objection to motion to accept stipulation and cancel hearing previously filed (filed via facsimile).
- PDF:
- Date: 12/16/2003
- Proceedings: Motion to Accept Stipulation and Cancel Hearing (filed by W. Brewton via facsimile).
- PDF:
- Date: 11/25/2003
- Proceedings: Notice of Hearing by Video Teleconference (video hearing set for December 22, 2003; 9:00 a.m.; Miami and Tallahassee, FL).
- PDF:
- Date: 11/14/2003
- Proceedings: Petitioner`s Response to Order of October 31, 2003 (filed via facsimile).
- PDF:
- Date: 06/09/2003
- Proceedings: Letter to Judge Kendrick from S. Leinicke stating this matter is currently on appeal filed.
- PDF:
- Date: 06/05/2003
- Proceedings: Letter to Judge Kendrick from K. Murphy stating this matter is currently on appeal filed.
- PDF:
- Date: 05/30/2003
- Proceedings: Letter to Judge Kendrick from W. Brewton responding to Judge Kendrick letter of May 22, 2003 filed.
- PDF:
- Date: 05/22/2003
- Proceedings: Letter to Counsel from Judge Kendrick requesting to be advised within 14 days whether the parties can resolve these outstanding issues so a final order may be entered issued.
- PDF:
- Date: 03/14/2003
- Proceedings: Order from the District Court of Appeal: "Upon consideration, appellant`s motion to compel the clerk of the administrative tribunal to prepare and transmit the index to the record on appeal is granted."
- PDF:
- Date: 03/10/2003
- Proceedings: Motion to Compel Clerk to Prepare and Transmit Index to Record on Appeal filed by K. Murphy
- Date: 02/21/2003
- Proceedings: Petitioner`s Response to Order filed.
- PDF:
- Date: 02/06/2003
- Proceedings: Order issued. (ordered that Respondent`s "request that this court enter an order abating any further proceedings in this case until resolution of the appeal is denied, it is further ordered etc.).
- PDF:
- Date: 01/10/2003
- Proceedings: Order issued. (within 14 days of the date of this order, the parties shall advise the undersigned in writing whether they etc.
- PDF:
- Date: 10/14/2002
- Proceedings: Petitioner`s Proposed Final Order with Findings of Fact and Conclusions of Law filed.
- PDF:
- Date: 10/14/2002
- Proceedings: Index of the Relevant Entries in the Administrative Recod filed by Petitioner.
- PDF:
- Date: 10/14/2002
- Proceedings: (Proposed) Proposed Final Order (filed by J. McCoy via facsimile).
- Date: 10/14/2002
- Proceedings: Notice of Filing Proposed Final Order (filed by J. McCoy via facsimile).
- PDF:
- Date: 10/11/2002
- Proceedings: Intervenor`s Memorandum of Law and Facts Showing Notice and Compensability filed.
- PDF:
- Date: 10/03/2002
- Proceedings: Order issued. (date for filing proposed final orders is established as October 14, 2002)
- PDF:
- Date: 10/02/2002
- Proceedings: Notice of Filing Transcript of Final Hearing (filed by Respondent via facsimile).
- Date: 09/30/2002
- Proceedings: Transcript filed.
- Date: 09/25/2002
- Proceedings: Deposition (of Michael Samuel Duchowny, M.D.) filed.
- Date: 09/25/2002
- Proceedings: Deposition (of Robert Cullen, Jr., M.D.) filed.
- Date: 09/24/2002
- Proceedings: CASE STATUS: Hearing Held; see case file for applicable time frames.
- PDF:
- Date: 09/23/2002
- Proceedings: Petitioner`s Notice of Filing Deposition Transcripts (filed via facsimile).
- PDF:
- Date: 09/23/2002
- Proceedings: Letter to Klein, Bury & Associated, Inc. from A. Cotroneo confirming cancellation for court reporter to attend video hearing (filed via facsimile).
- PDF:
- Date: 09/23/2002
- Proceedings: Respondent`s Notice of Filing Adoption of the Deposition of Jeffrey H. Kotzen, M.D. (filed via facsimile).
- Date: 09/20/2002
- Proceedings: Video Deposition (of Stuart B. Brown, M.D.) filed.
- Date: 09/20/2002
- Proceedings: Deposition (of Robert A. Zimmerman, M.D.) filed.
- Date: 09/20/2002
- Proceedings: Deposition (of Dorothy Diaz, R.N.) filed.
- Date: 09/20/2002
- Proceedings: Deposition (of Jeffrey H. Kotzen M.D.) filed.
- Date: 09/20/2002
- Proceedings: Video Deposition (of Daniel M. Hall, M.D.) filed.
- PDF:
- Date: 09/20/2002
- Proceedings: Notice of Filing Deposition Transcripts and Videos for the Court`s Consideration in Support of the Intervenor, Homestead Hospital, Inc.`s, Position on Compensability and Notice filed.
- PDF:
- Date: 09/20/2002
- Proceedings: Letter to Accurate Stenotype Reporters A. Cotroneo cancelling reservation for court reporter to attend Video Hearing (filed via facsimile).
- PDF:
- Date: 09/19/2002
- Proceedings: Letter to Accurate Stenotype Reporters from A. Cotroneo confirming reservation for a court reporter to attend a Video Hearing (filed via facsimile).
- Date: 09/18/2002
- Proceedings: Deposition of the Witness Michael Samuel Duchowny, M.D. filed.
- PDF:
- Date: 09/18/2002
- Proceedings: Respondent`s Notice of Filing Adoption of the Deposition of Michael Samuel Duchowny, M.D. filed.
- PDF:
- Date: 09/17/2002
- Proceedings: Notice of Taking Telephonic Deposition Duces Tecum, J. Maher, S. Pripstein filed.
- PDF:
- Date: 09/17/2002
- Proceedings: Petitioner`s Notice of Serving Supplemental Answers to Interrogatories filed.
- PDF:
- Date: 09/03/2002
- Proceedings: Order issued (the deposition of Dr. Zimmerman shall proceed as scheduled on 9/27/02, Intervenor, as volunteered, shall re-schedlue the depositionof Dr. Brown).
- PDF:
- Date: 08/29/2002
- Proceedings: Notice of Serving Answers to Second Interrogatories filed by Intervenor.
- PDF:
- Date: 08/12/2002
- Proceedings: Second Amended Notice of Designation of Trial Experts filed by Intervenor.
- PDF:
- Date: 08/12/2002
- Proceedings: Motion to Compel Attendance at Expert Depositions filed by Intervenor.
- PDF:
- Date: 08/12/2002
- Proceedings: Letter to T. Iacono from O. Ruiz stating available dates for telephone depositions (filed via facsimile).
- PDF:
- Date: 08/09/2002
- Proceedings: Request for Professional Courtesy/Notice of Unavailability filed by Intervenor.
- PDF:
- Date: 08/07/2002
- Proceedings: Amended Notice of Designation of Trial Experts filed by Intervenor.
- PDF:
- Date: 07/31/2002
- Proceedings: Letter to Judge Kendrick from O. Ruiz requesting a telephone hearing on Motion to Bifurcate (filed via facsimile).
- PDF:
- Date: 07/29/2002
- Proceedings: Letter to Judge Kendrick from O. Ruiz regarding Motion to Bifurcate (filed via facsimile).
- PDF:
- Date: 07/26/2002
- Proceedings: Order issued. (petitioner`s motion to bifurcate issues at evidentiary hearing is denied)
- PDF:
- Date: 07/26/2002
- Proceedings: Petitioner`s Notice of Serving Second Interrogatory Upon Intervenor, Homestead Hospital, Inc. filed.
- PDF:
- Date: 07/25/2002
- Proceedings: Letter to Judge Kendrick from O. Ruiz stating counsel for NICA has no objections to Petitioners Motion to Bifurcate (filed via facsimile).
- PDF:
- Date: 07/25/2002
- Proceedings: Petitioner`s Motion to Bifurcate Issues at Evidentiary Hearing (filed via facsimile).
- PDF:
- Date: 06/26/2002
- Proceedings: Notice of Hearing by Video Teleconference issued (video hearing set for September 24 and 25, 2002; 9:00 a.m.; Miami and Tallahassee, FL).
- PDF:
- Date: 06/18/2002
- Proceedings: Notice of Availability for Evidentiary Hearing (filed by Petitioner via facsimile).
- PDF:
- Date: 06/17/2002
- Proceedings: Notice of Taking Telephone Deposition Duces Tecum, D. Willis filed.
- PDF:
- Date: 06/10/2002
- Proceedings: Notice of Serving Respondent`s Response to Petitioner`s Interrogatory to Respondent (filed via facsimile).
- PDF:
- Date: 06/04/2002
- Proceedings: Order Granting Continuance issued (parties to advise status by June 18, 2002).
- PDF:
- Date: 06/04/2002
- Proceedings: Agreed Emergency Motion to Continue the NICA Hearing Date (filed by Intervenor via facsimile).
- PDF:
- Date: 06/03/2002
- Proceedings: Petitioner`s Emergency Motion for Protective Order (filed via facsimile).
- PDF:
- Date: 06/03/2002
- Proceedings: Notice of Taking Deposition Duces Tecum, Records Custodian of Mt. Sinai Medical Center,Pathology Department, Records Custodian of South Miami Hospital, Radiology Department filed.
- PDF:
- Date: 05/28/2002
- Proceedings: Respondent Dennis Gutierrez, CRNA`S Response to Petitioner`s Interrogatory Served on April 24, 2002 filed.
- PDF:
- Date: 05/20/2002
- Proceedings: Second Re-Notice of Taking Deposition Duces Tecum, M. Shmohamady filed.
- PDF:
- Date: 05/03/2002
- Proceedings: Intervenor`s Notice of Serving Interrogatories upon Petitioner, Kimberly Jackson, as Personal Representative of the Estate of Justin Jackson, a deceased minor child filed.
- PDF:
- Date: 04/29/2002
- Proceedings: Petitioner`s Notice of Serving Interrogatory Upon Respondent, Florida Birth-Related Neurological Injury Compensation Association and Intervenors, Homestead Hospital, Inc. and Dennis Guiterrez, CRNA filed.
- PDF:
- Date: 04/29/2002
- Proceedings: Re-Notice of Taking Deposition Duces Tecum, M. Shahmohamady filed.
- PDF:
- Date: 04/25/2002
- Proceedings: Intervenor`s Notice of Serving Answers to Petitioner`s First Interrogatory filed.
- PDF:
- Date: 04/19/2002
- Proceedings: Response to Petitioner`s Request to Amend Petition Seeking Administrative Determination that the Personal Representative`s Negligence Claim Against Defendants are not Barred by Defendants` NICA Affirmative Defense and for Alternative Relief if Necessary filed.
- PDF:
- Date: 04/18/2002
- Proceedings: Order issued. (petitioner`s petition (motion) to amend petition is granted and amended petition, filed contemproaneously with petitioner`s motion is deemed filed)
- PDF:
- Date: 04/17/2002
- Proceedings: Intervenor`s Notice of Withdrawal of Answers to Petitioner`s First Interrogatory filed.
- PDF:
- Date: 04/10/2002
- Proceedings: Intervenor`s Notice of Serving Better Answers to Petitioner`s First Interrogatory filed.
- PDF:
- Date: 04/09/2002
- Proceedings: Amended Notice of Video Teleconference issued. (hearing scheduled for July 9 and 10, 2002; 9:00 a.m.; Miami and Tallahassee, FL, amended as to additional date and issue of hearing).
- PDF:
- Date: 04/05/2002
- Proceedings: Amended Petition to Amend Petition Seeking Administrative Determination that the Personal Representative`s Negligence Claims against Defendants are not Barred by the Defendants` NICA Affirmative Defense and for Alternate Relief if Necessary filed by Petitioner. filed.
- PDF:
- Date: 04/05/2002
- Proceedings: Petition to Amend Petition Seeking Administrative Determination that the Personal Representative`s Negligence Claims against Defendants are not Barred by the Defendants` NICA Affirmative Defense and for Alternate Relief if Necessary filed by Petitioner.
- PDF:
- Date: 03/28/2002
- Proceedings: Respondent`s Responses to Petitioner`s First Request for Production to Defendant (filed via facsimile).
- PDF:
- Date: 03/25/2002
- Proceedings: Notice of Pre-Hearing Conference (filed by Respondent via facsimile).
- PDF:
- Date: 03/21/2002
- Proceedings: Notice of Hearing by Video Teleconference issued (video hearing set for July 9, 2002; 9:00 a.m.; Miami and Tallahassee, FL).
- PDF:
- Date: 03/13/2002
- Proceedings: Order issued (the Petition for Leave to Intervene is granted Dennis Gutierrez).
- PDF:
- Date: 03/11/2002
- Proceedings: Respondent`s Response to Court Order Requesting Available Dates for Hearing (filed via facsimile).
- PDF:
- Date: 03/11/2002
- Proceedings: Response to Court Order for Evidentiary Hearing and Request for Time Interval filed by Intervenor.
- PDF:
- Date: 03/08/2002
- Proceedings: Response to Court Order for Evidentiary Hearing and Request for Time Interval filed by D. Gutierrez.
- PDF:
- Date: 03/07/2002
- Proceedings: Petitioner`s First Request to Produce to Respondent, Florida Birth-Related Neurological Injury Compensation Association filed.
- PDF:
- Date: 03/07/2002
- Proceedings: Petitioner`s Notice of Serving First Interrogatory upon Intervenor, Homestead Hospital, Inc. filed.
- Date: 03/04/2002
- Proceedings: Joinder in Request for Evidentiary Hearing on Compensability and Memorandum of Law in Support of Finding of Adequate Notice to Obstetrical Patient of Participation in Plan in Compliance with Florida Statute 766.316 filed by D. Gutierrez.
- PDF:
- Date: 03/04/2002
- Proceedings: Petitioner`s Response to Court Order Dated February 18, 2002 filed.
- PDF:
- Date: 03/04/2002
- Proceedings: Response to Petition of Kimberly Jackson Seeking Administrative Determination filed.
- PDF:
- Date: 03/01/2002
- Proceedings: Joinder in Request for Evidentiary Hearing on Compensability and Memorandum of Law in Support of Finding of Adequate Notice to Obstetrical Patient of Participation in Plan in Compliance with Florida Statute 766.316 filed.
- Date: 02/18/2002
- Proceedings: Order issued (parties shall resond within 14 days from the date of this order).
- Date: 02/18/2002
- Proceedings: Order issued (Respondent`s motion to accept L. Larson as its qualfield representative is granted).
- PDF:
- Date: 02/14/2002
- Proceedings: Petitioner`s Response to Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
- PDF:
- Date: 02/08/2002
- Proceedings: Petition for Leave to Intervene filed by Homestead Hospital, Inc.
- PDF:
- Date: 02/07/2002
- Proceedings: Request for Evidentiary Hearing on Compensability filed by Respondent
- PDF:
- Date: 02/05/2002
- Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
- PDF:
- Date: 01/25/2002
- Proceedings: Letter to parties of record from Ann Luchini enclosing NICA claim for compensation with medical records sent out.
Case Information
- Judge:
- WILLIAM J. KENDRICK
- Date Filed:
- 01/23/2002
- Last Docket Entry:
- 01/07/2004
- Location:
- Miami, Florida
- District:
- Southern
- Agency:
- Florida Birth-Related Neurological Injury Compensation Associati
- Suffix:
- N
Counsels
-
Andrew S. Connell, Esquire
Address of Record -
Jackson F. McCoy, Esquire
Address of Record -
Kathleen T Murphy, Esquire
Address of Record -
Tamela I Perdue, Esquire
Address of Record -
Orlando R Ruiz, Esquire
Address of Record -
Kenney Shipley, Executive Director
Address of Record -
Kathleen T. Murphy, Esquire
Address of Record -
Orlando R. Ruiz, Esquire
Address of Record