06-004141N
Simone Houvardas And Paul Houvardas, Individually And As Parents And Natural Guardians Of George Houvardas, A Minor vs.
Florida Birth-Related Neurological Injury Compensation Association
Status: Closed
DOAH Final Order on Thursday, July 30, 2015.
DOAH Final Order on Thursday, July 30, 2015.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8SIMONE HOUVARDAS AND PAUL
12HOUVARDAS, individually and as
16parents and natural guardians of
21GEORGE HOUVARDAS, a minor,
25Petitioner s ,
27vs. Case No. 06 - 4141N
33FLORIDA BIRTH - RELATED
37NEUROLOGICAL INJURY COMPENSATION
40ASS OCIATION,
42Respondent .
44_______________________________/
45FINAL ORDER APPROVING STIPULATION
49This cause came on for consideration upon the Stipulation
58Pertaining to Lump Sum Payment for Bathroom and/or Handicap
67Modifications of Dwelling (Stipulation) filed with the Division
75of Administrative Hearings on July 2 8 , 201 5 , by Petitioners,
86Paul E. Houvardas and Simone Pappas Houvardas , and Respondent,
95Florida Birth - Related Neurological Injury Compensation
102Association.
103Petitioners a nd Respondent have come to an agreement
112regarding a claim filed by Petitioners for bathroom and/or
121handicap modifications. They have agreed as follows:
128Respondent agrees to pay Petitioner(s)
133$30,000 .00 as a one - time only, lump sum
144payment for any and all bathroom and/or
151handicap modifications forever required for
156any residence.
158Petitioner(s) agree (s) and accept(s) this one
165time payment as a full and final payment
173towards bathroom and/or handicap
177modifications to his/her/their house to be
183built at 2103 SCA RLET OAKS STREET,
190CLEARWATER, FL 33759 , and agrees that said
197payment precludes PetitionersÓ entitlement to
202any future payment from NICA for bathroom
209and/or handicap modifications for this house
215or any other house purchased, built or rented
223or lived in by P etitioner(s) in the future.
232Should Petitioner(s) elect to move or have
239any other modifications performed to
244his/her/their current home, or any other home
251purchased, built, rented or lived in by
258Petitioner(s), any future modifications will
263be solely at Pet itionersÓ expense.
269After due consideration of the interests of the parties, and
279being otherwise fully advised in the premises, it is
288ORDERED:
2891. PetitionersÓ and RespondentÓs Stipulation is approved.
2962. The parties shall abide by the terms of the Stip ulation.
308DONE AND ORDERED this 30th day of July , 2015 , in
318Tallahassee, Leon County, Florida.
322S
323BARBARA J. STAROS
326Administrative Law Judge
329Division of Administrative Hearings
333The DeSoto Building
3361230 Apalachee Parkway
339Tall ahassee, Florida 32399 - 3060
345(850) 488 - 9675
349Fax Filing (850) 921 - 6847
355www.doah.state.fl.us
356Filed with the Clerk of the
362Division of Administrative Hearings
366this 30th day of July , 2015 .
373COPIES FURNISHED:
375(via certified mail)
378Kenney Shipley, Executive Dire ctor
383Florida Birth Related Neurological
387Injury Compensation Association
3902360 Christopher Place, Suite 1
395Tallahassee, Florida 32308
398(eServed)
399(Certified Mail No. 7014 2120 0003 1052 7111)
407Paul E. Houvardas
410Simone Pappas Houvardas
4132103 Scarlet Oaks Stree t
418Clearwater, Florida 33759
421(Certified Mail No. 7014 2120 0003 1052 7128)
429Amie Rice, Investigation Manager
433Consumer Services Unit
436Department of Health
4394052 Bald Cypress Way, Bin C - 75
447Tallahassee, Florida 32399 - 3275
452(Certified Mail No. 7014 2120 0003 10 52 7135)
461Elizabeth Dudek, Secretary
464Health Quality Assurance
467Agency for Health Care Administration
4722727 Mahan Drive, Mail Stop 3
478Tallahassee, Florida 32308
481(Certified Mail No. 7014 2120 0003 1052 7142)
489NOTICE OF RIGHT TO JUDICIAL REVIEW
495Rev iew of a final order of an administrative law judge shall be
508by appeal to the District Court of Appeal pursuant to section
519766.311(1), Florida Statutes. Review proceedings are governed by
527the Florida Rules of Appellate Procedure. Such proceedings are
536com menced by filing the original notice of administrative appeal
546with the a gency c lerk of the Division of Administrative Hearings
558within 30 days of rendition of the order to be reviewed, and a
571copy, accompanied by filing fees prescribed by law, with the
581clerk of the appropriate District Court of Appeal. See
590§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological
600Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA
6121992).
- Date
- Proceedings
- PDF:
- Date: 08/19/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 08/06/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 08/05/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 08/04/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 07/30/2015
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 07/28/2015
- Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
- PDF:
- Date: 11/10/2008
- Proceedings: Stipulation and Joint Petition for Dismissal of Claim Regarding the Amount Owing for Past Expenses not Included in the Final Order of May 28, 2008 filed.
- Date: 10/31/2008
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 10/30/2008
- Proceedings: Letter to Judge Kendrick from R. Grace, Jr. confirming telephone conference on Stipulation of Dismissal filed.
- PDF:
- Date: 09/26/2008
- Proceedings: Notice of Hearing by Video Teleconference (hearing set for November 12, 2008; 9:00 a.m.; Tampa and Tallahassee, FL).
- PDF:
- Date: 07/25/2008
- Proceedings: Order (Stipulation for Extension of Time to Comply with Court`s Orders is granted, parties shall have up to and including September 19, 2008, in which to respond to the Order entered July 11, 2008).
- PDF:
- Date: 07/24/2008
- Proceedings: Stipulation for Extension of Time to Comply with Court`s Orders filed.
- PDF:
- Date: 07/23/2008
- Proceedings: Stipulation for Extension of Time to Comply with Court`s Orders filed.
- PDF:
- Date: 07/11/2008
- Proceedings: Order (parties shall advise the undersigned in writing on or before July 25, 2008, as to the status of any past expenses that remain in dispute).
- PDF:
- Date: 06/04/2008
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/03/2008
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/02/2008
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 05/30/2008
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 05/28/2008
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 05/28/2008
- Proceedings: Final Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. CASE CLOSED.
- PDF:
- Date: 05/19/2008
- Proceedings: BY ORDER OF THE COURT: Intevenor`s motion for relinquishment of jurisdiction is granted for 30 days.
- PDF:
- Date: 04/30/2008
- Proceedings: BY ORDER OF THE COURT: Apellee and NICA are directed to respond within 10 days from the date of this order to the motion for relinquishment of jurisdiction filed by Intervenor filed.
- PDF:
- Date: 04/24/2008
- Proceedings: Letter to parties of record from Judge Kendrick regarding progress on the request to Relinquish Jurisdiction and issues regarding past expenses.
- PDF:
- Date: 04/16/2008
- Proceedings: Letter to R. Grace, Jr. from Judge Kendrick acknowledging receipt of the parties` Stipulation and Joint Petition for Compensation.
- PDF:
- Date: 04/16/2008
- Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
- PDF:
- Date: 04/16/2008
- Proceedings: Notice of Filing; Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
- PDF:
- Date: 03/31/2008
- Proceedings: Order (Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice is granted, parties shall have up to and including April 15, 2008, to comply with the Order on Compensability and Notice).
- PDF:
- Date: 03/28/2008
- Proceedings: Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice filed.
- PDF:
- Date: 03/19/2008
- Proceedings: BY ORDER OF THE COURT: Appellant`s motion for extension of time is granted.
- PDF:
- Date: 03/17/2008
- Proceedings: Order (Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice is granted, parties` shall have up to and including April 2, 2008 to comply).
- PDF:
- Date: 03/12/2008
- Proceedings: Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice filed.
- PDF:
- Date: 02/12/2008
- Proceedings: Order (Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice is granted, parties shall have up to and including March 13, 2008, to comply with the Order on Compensability and Notice).
- PDF:
- Date: 02/11/2008
- Proceedings: Joint Unopposed Motion for Extension of Time to Comply With Court`s Final Order on Compensability and Notice filed.
- PDF:
- Date: 02/01/2008
- Proceedings: Order (Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice is granted, parties shall have up to and including February 11, 2008, to comply with the Order).
- PDF:
- Date: 01/31/2008
- Proceedings: Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice filed.
- PDF:
- Date: 01/11/2008
- Proceedings: Order (Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice is granted, parties shall up and including January 31, 2008, to comply with the Order on Compensability and Notice).
- PDF:
- Date: 01/10/2008
- Proceedings: Joint Unopposed Motion for Extension of Time to Comply with Court`s Final Order on Compensability and Notice filed.
- PDF:
- Date: 12/20/2007
- Proceedings: Notice of Appeal filed and Certified copy sent to the Second District Court of Appeal this date.
- PDF:
- Date: 12/05/2007
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/03/2007
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 11/30/2007
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 11/29/2007
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 11/28/2007
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 11/26/2007
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 11/26/2007
- Proceedings: Final Order on Compensability and Notice (hearing held October 11, 2007). DOAH JURISDICTION RETAINED.
- PDF:
- Date: 11/13/2007
- Proceedings: Intervenors` Response to Petitioners` Supplemental Memorandum of Law in Opposition to Statutory Notice of Compliance filed.
- PDF:
- Date: 11/08/2007
- Proceedings: Intervenors` Response to Petitioners` Supplemental Memorandum of Law in Oppositon to Statutory Notice Compliance filed.
- PDF:
- Date: 11/06/2007
- Proceedings: Petitioners` Supplemental Memorandum of Law in Opposition to Statutory Notice Compliance filed.
- PDF:
- Date: 11/02/2007
- Proceedings: Letter to Judge Kendrick from W. Florin regarding Petitioner`s formal withdrawal of any legal objections to the deposition testimony of Melissa Rudolph filed.
- PDF:
- Date: 11/01/2007
- Proceedings: Intervenors` Second Supplemetal Memorandum of Law in Support of Adequate Notice filed.
- PDF:
- Date: 10/31/2007
- Proceedings: Order (Petitioners` Unopposed Motion for Extension of Time to Serve Objectons to Melissa Rudolph`s Deposition Testimony is granted).
- PDF:
- Date: 10/30/2007
- Proceedings: Petitioners` Unopposed Motion for Extension of Time to Serve Objectons to Melissa Rudolph`s Deposition Testimony filed.
- PDF:
- Date: 10/30/2007
- Proceedings: Letter to Judge Kendrick from W. Florin regarding extension filed.
- PDF:
- Date: 10/29/2007
- Proceedings: Order Granting Extension of Time (proposed final orders to be filed by November 6, 2007).
- PDF:
- Date: 10/22/2007
- Proceedings: Letter to parties of record from Judge Kendrick regarding receipt of your letter of October 18, 2007.
- Date: 10/17/2007
- Proceedings: Transcript filed.
- Date: 10/17/2007
- Proceedings: Transcript (condensed) filed.
- PDF:
- Date: 10/15/2007
- Proceedings: Petitioners` Supplemental Exhibit to Petitioners` Amended Pre-Hearing Stipulation filed.
- Date: 10/11/2007
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 09/07/2007
- Proceedings: Intervenors` Supplemental Memorandum of Law in Support of Adequate Notice filed.
- PDF:
- Date: 08/13/2007
- Proceedings: Petitioners` Notice of Taking Video Deposition (of A. Kantaras) filed.
- PDF:
- Date: 08/13/2007
- Proceedings: Petitioners` Notice of Taking Video Deposition (of C. Ageladelis) filed.
- PDF:
- Date: 07/25/2007
- Proceedings: Notice of Hearing (hearing set for October 11, 2007; 8:30 a.m.; St. Petersburg, FL).
- PDF:
- Date: 07/24/2007
- Proceedings: Letter to Judge Kendrick from R. Grace advising of available dates filed.
- PDF:
- Date: 07/18/2007
- Proceedings: Order (parties shall advise the undersigned within 10 days of the date of this Order as to their choice of venue, number of days required for hearing, and choice of hearing dates).
- Date: 07/18/2007
- Proceedings: CASE STATUS: Pre-Hearing Conference Held.
- PDF:
- Date: 07/17/2007
- Proceedings: Letter to Judge Kendrick from R. Grace, Jr. regarding confirmation of telephone conference filed.
- PDF:
- Date: 07/16/2007
- Proceedings: Petitioner`s Response and Memorandum of Law in Opposition to Intervenors` Motion to Strike Affidavits of Simone Houvardas, Areti Kantaras, and Christine Ageladelis filed.
- PDF:
- Date: 07/11/2007
- Proceedings: Intervenor`s Motion to Strike Affidavits of Simone Houvardas, Areti Kantaras and Christine Ageladelis and Memorandum of Law in Support Thereof filed.
- PDF:
- Date: 07/10/2007
- Proceedings: Letter to parties of record from Judge Kendrick regarding a telephone conference.
- PDF:
- Date: 07/05/2007
- Proceedings: Petitioners' Memorandum of Law in Opposition to Statutory Notice Compliance filed.
- PDF:
- Date: 07/05/2007
- Proceedings: Petitioners` Amended Memorandum of Law in Opposition to Statutory Notice of Compliance filed.
- PDF:
- Date: 07/05/2007
- Proceedings: Petitioners` Notice of Filing Affidavits of Simone Houvardas Areti Kantaras, and Christine Ageladelis filed.
- PDF:
- Date: 07/05/2007
- Proceedings: Petitioners` Memorandum of Law in Opposition to Statutory Notice Compliance filed.
- PDF:
- Date: 07/03/2007
- Proceedings: Notice of Filing, Report of Donald C. Willis, M.D. dated April 13, 2007 filed.
- PDF:
- Date: 05/29/2007
- Proceedings: Video Deposition of K. Weinstock, M.D. (in the circuit court of the sixth judicial circuit) filed.
- PDF:
- Date: 05/29/2007
- Proceedings: Notice of Filing of Original Depositions with Exhibits of Katharine Weinstock, M.D., Simone Houvardas and Melissa Rudolph.
- PDF:
- Date: 05/29/2007
- Proceedings: Intervenors` Memorandum of Law in Support of Adequate Notice filed.
- PDF:
- Date: 05/29/2007
- Proceedings: Order Granting Extension of Time (Agreed Record on Compensability and Notice, Stipulation of Facts, and Proposed Orders or Memoranda of Law to be filed by July 5, 2007).
- PDF:
- Date: 05/29/2007
- Proceedings: Petitioners` Unopposed Motion for Extension of Time to Serve Agreed Record on Compensability and Notice, Stipulation of Facts, and Proposed Orders or Memoranda of Law filed.
- PDF:
- Date: 04/30/2007
- Proceedings: Order (parties shall file their agreed record on compensability and notice, together with their stipulation of facts and any proposed orders or memoranda of law on or before June 4, 2007).
- Date: 04/27/2007
- Proceedings: CASE STATUS: Hearing Held.
- PDF:
- Date: 04/25/2007
- Proceedings: Letter to Judge Kendrick from R. Grace confirming telephone status conference filed.
- Date: 04/23/2007
- Proceedings: Notice of Filing, Report of Donald C. Willis, M.D. dated April 13, 2007 filed (not available for viewing).
- PDF:
- Date: 03/30/2007
- Proceedings: Petitioners` Supplemental Notice of Filing Pursuant to Section 766.305(3), Florida Statutes filed.
- PDF:
- Date: 03/30/2007
- Proceedings: Order Granting Extension of Time (response to the petition to be filed by April 20, 2007).
- PDF:
- Date: 03/30/2007
- Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
- PDF:
- Date: 03/07/2007
- Proceedings: Petitioners` Supplemental Notice of Filing Pursuant to Section 766.305(3), Florida Statutes filed.
- PDF:
- Date: 02/19/2007
- Proceedings: Order Granting Extension of Time (response to the petition to be filed by April 3, 2007).
- PDF:
- Date: 02/16/2007
- Proceedings: Respondent`s Request for Extension of Time to the Petition filed.
- PDF:
- Date: 01/31/2007
- Proceedings: Order (response to the petition to be filed on or before February 28, 2007).
- PDF:
- Date: 01/12/2007
- Proceedings: Order (Repondent`s Motion to Compel and Motion to Abate are denied).
- PDF:
- Date: 01/11/2007
- Proceedings: Petitioners` Notice of Filing Pursuant to Section 766.305(3), Florida Statutes filed.
- PDF:
- Date: 01/11/2007
- Proceedings: Petitioners` Response to Respondent`s Motion to Compel and Motion to Abate filed.
- PDF:
- Date: 01/11/2007
- Proceedings: Petitioners` Response to Intervenors Objection to Petitioners` Motion to Bifurcate the Issue of Notice filed.
- PDF:
- Date: 01/08/2007
- Proceedings: Intervenors` Objection to Petitioners` Motion to Bifurcate the Issue of Notice filed.
- PDF:
- Date: 11/17/2006
- Proceedings: Order (Katharine Weinstock, M.D. and Rosewater Lerner, Rudolph and Associates, M.D., P.A. d/b/a Tampa Bay Women`s Healthcare Alliance, LLP a/k/a Tampa Bay Women`s Care granted Intervenor status).
- PDF:
- Date: 11/14/2006
- Proceedings: Letter to parties of record from Judge Kendrick enclosing a copy of Petition to Intervene and reminding counsel to copy all parties with any document filed with the Division of Administrative Hearings.
- PDF:
- Date: 11/06/2006
- Proceedings: Katharine Weinstock, M.D. and Rosewater Lerner, Rudolph and Associates, M.D., P.A. d/b/a Tampa Bay Women`s Healthcare Alliance, LLP a/k/a Tampa Bay Women`s Care`s Petition to Intervene filed.
- PDF:
- Date: 10/30/2006
- Proceedings: Certified Return Receipts received this date from the U.S. Postal Service.
- PDF:
- Date: 10/25/2006
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 10/25/2006
- Proceedings: Letter to Kenney Shipley from Ann Cole enclosing NICA claim for compensation.
- Date: 10/25/2006
- Proceedings: NICA filing (Check No. 277; $15.00) filed (not available for viewing).
Case Information
- Judge:
- WILLIAM J. KENDRICK
- Date Filed:
- 10/25/2006
- Date Assignment:
- 07/28/2015
- Last Docket Entry:
- 08/19/2015
- Location:
- Tampa, Florida
- District:
- Middle
- Agency:
- Florida Birth-Related Neurological Injury Compensation Associati
- Suffix:
- N
Counsels
-
Wil H. Florin, Esquire
Address of Record -
Robert J. Grace, Esquire
Address of Record -
Kenney Shipley, Executive Director
Address of Record -
Tana D. Storey, Esquire
Address of Record -
Diane I. Zuckerman, Esquire
Address of Record -
Paul E Houvardas
Address of Record