eLaws | eCases | Florida State | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations |
Home » Cases Under Administrative Hearing » 08-006406N

08-006406N Glenda Flowers And Joshua Robert Storm, On Behalf Of And As Parents And Natural Guardians Of Ethon Robert Storm, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Wednesday, April 28, 2021.

View Dockets  
Summary: Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.

1S TATE OF F LORIDA

6D IVISION OF A DMINISTRATIVE H EARINGS

13G LENDA F LOWERS A ND J OSHUA R OBERT

23S TORM , O N B EHALF OF A ND A S P ARENTS

36A ND N ATURAL G UARDIANS OF E THON

45R OBERT S TORM , A M INOR ,

52Petitioners ,

53vs. Case No. 08 - 6406N

59F LORIDA B IRTH - R ELATED N EUROLOGICAL

68I NJURY C OMPENSATION A SSOCIATION ,

74Respondent

75and

76W INTER H AVEN H OSPITAL , I NC .,

85V INCENT W. G ATTO , M.D., T ONYA

93N ICHOLSON , C.M.N., A ND B OND & S TEELE

103C LINIC , P.A., D / B / A B OND C LINIC , P.A.,

116Intervenor .

118/

119F INAL O RDER A PPROVING S TIPULATION

127This cause came on for consideration upon the Stipulation Pertaining to

138Lump Sum Payment for Bathroom and/or Handicap Modifications of

147Dwelling (Stipulation), filed with the Division of A dministrative Hearings on

158April 23, 2021, by Petitioner, Glenda Connell, and Respondent, Florida Birth -

170Related Neurological Injury Compensation Association (NICA).

176Petitioner and Respondent have come to an agreement regarding a claim

187filed by Petitioner f or bathroom and/or handicap modifications. They have

198agreed as follows:

201Respondent agrees to pay Petitioner $30,000.00 as

209a one - time only, lump sum payment for any and all

221bathroom and/or handicap modifications forever

226required for any residence.

230Petitio ner(s) agree(s) and accept(s) this one - time

239payment as a full and final payment towards

247bathroom and/or handicap modifications to

252his/her/their current house located at 4375

258Ramblewood N., Mulberry, FL 33860, and agrees

265that said payment precludes Petition erÔs

271entitlement to any future payment from NICA for

279bathroom and/or handicap modifications for this

285house or any other house purchased, built or rented

294or lived in by Petitioner(s) in the future. Should

303Petitioner(s) elect to move or have any other

311modifi cations performed to his/her/their current

317home, or any other home purchased, built, rented

325or lived in by Petitioner(s), any future modifications

333will be solely at PetitionerÔs expense.

339After due consideration of the interests of the parties, and being o therwise

352fully advised in the premises, it is

359O RDERED :

3621. PetitionerÔs and RespondentÔs Stipulation is approved.

3692. The parties shall abide by the terms of the Stipulation

380D ONE A ND O RDERED this 28th day of April, 2021, in Tallahassee, Leon

395County, Florid a.

398S

399T ODD P. R ESAVAGE

404Administrative Law Judge

4071230 Apalachee Parkway

410Tallahassee, Florida 32399 - 3060

415(850) 488 - 9675

419www.doah.state.fl.us

420Filed with the Clerk of the

426Division of Administrative Hearings

430this 28th day of April, 2021 .

437C OPIES F URNISHED :

442( via certified mail)

446Amie Rice, Investigation Manager Simone Marstiller , Secretary

453Consumer Services Unit Agency for Health Care Administration

461Department of Health 2727 Mahan Drive, Mail Stop 1

4704052 Bald Cypress Way, Bin C - 75 Tallah assee, Florida 32308

482Tallahassee, Florida 32399 - 3275 (Certified No. 7020 2450 0002 1970 3011)

494(Certified No. 7020 2450 0002 1970 2991)

501Glenda Connell

503Kenney Shipley, Executive Director 4375 Ramblewood North

510Florida Birth - Re lated Neurological Mulberry, Florida 33860

519Injury Compensation Association (Certified No. 7020 2450 0002 1970 3028)

529Suite 1

5312360 Christopher Place

534Tallahassee, Florida 32308

537(Certified No. 7020 2450 0002 1970 3004)

544N OTICE O F R IGHT T O J UDICIAL R EVIEW

556Review of a final order of an administrative la w judge shall be by appeal to

572the District Court of Appeal pursuant to section 766.311(1), Florida Statutes.

583Review proceedings are governed by the Florida Rules of Appellate

593Procedure. Such proceedings are commenced by filing the original notice of

604admini strative appeal with the a gency c lerk of the Division of Administrative

618Hearings within 30 days of rendition of the order to be reviewed, and a copy,

633accompanied by filing fees prescribed by law, with the clerk of the

645appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

657Birth - Related Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

670(Fla. 1st DCA 1992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/14/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/07/2021
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 05/06/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/28/2021
Proceedings: DOAH Final Order
PDF:
Date: 04/28/2021
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/28/2021
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 04/23/2021
Proceedings: Stipulation Pertaining Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 07/06/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/06/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/01/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/29/2009
Proceedings: DOAH Final Order
PDF:
Date: 06/29/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 06/29/2009
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: 06/16/2009
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: 06/16/2009
Proceedings: Letter to parties of record from Judge Kendrick acknowledging receipt of the stipulation filed June 15, 2009.
PDF:
Date: 06/15/2009
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: 06/04/2009
Proceedings: Letter to parties of record from Judge Kendrick regarding filing your stipulated resolution.
PDF:
Date: 06/03/2009
Proceedings: Letter to Judge Kendrick from E. Pujol informing that parties have reach an agreement filed.
PDF:
Date: 05/11/2009
Proceedings: Order (parties to adise of status on or before June 2, 2009).
PDF:
Date: 05/08/2009
Proceedings: Respondent's Response to Order of May 8, 2009 filed.
PDF:
Date: 04/23/2009
Proceedings: Order (parties to advise of status by May 8, 2009).
Date: 04/22/2009
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 04/16/2009
Proceedings: Letter to Judge Kendrick from R. Grace, Jr. regarding telephone conference filed.
PDF:
Date: 04/10/2009
Proceedings: Letter to Judge Kendrick from R. Grace, Jr. regarding the telephone conference filed.
Date: 04/08/2009
Proceedings: Notice of Filing (Report of D. Willis and Report of R. Fernandez) filed (not available for viewing).
PDF:
Date: 04/08/2009
Proceedings: Response to Petition for Benefits filed.
PDF:
Date: 03/12/2009
Proceedings: Notice of Appearance (filed by R. Grace).
PDF:
Date: 03/12/2009
Proceedings: Notice of Appearance (filed by R. Grace).
PDF:
Date: 03/02/2009
Proceedings: Order (Vincent W. Gatto, M.D.; Tonya Nicholson, C.M.N.; and Bond & Steele Clinic, P.A. d/b/a Bond Clinic, P.A. are granted Intervenor status).
PDF:
Date: 02/18/2009
Proceedings: Motion to Intervene (Vincent W. Gatto, M.D.; Tonya Nicholson, C.M.N.; and Bond & Steele Clinic, P.A. d/b/a Bond Clinic, P.A.) filed.
PDF:
Date: 02/17/2009
Proceedings: Order (Granting Winter Haven Hospital, Inc.`s Motion to Intervene).
PDF:
Date: 02/13/2009
Proceedings: Order Granting Extension of Time (response to the petition to be filed by April 8, 2009).
PDF:
Date: 02/11/2009
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 02/05/2009
Proceedings: Motion to Intervene (filed by Winter Haven Hospital, Inc.) filed.
PDF:
Date: 01/21/2009
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 01/08/2009
Proceedings: Motion to Act as Qualified Representative before the Division of Administrative Hearings filed.
PDF:
Date: 01/06/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/29/2008
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/24/2008
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 12/24/2008
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
PDF:
Date: 12/24/2008
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
Date: 12/23/2008
Proceedings: NICA filing fee (Check No. 002000; $15.00) filed (not available for viewing).
PDF:
Date: 12/23/2008
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
WILLIAM J. KENDRICK
Date Filed:
04/28/2021
Date Assignment:
04/28/2021
Last Docket Entry:
06/14/2021
Location:
Health Care, Florida
District:
HC
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (6):