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Home » Cases Under Administrative Hearing » 09-004149N

09-004149N Cindy Smith And Jeffrey Smith, Individually And As Parents And Next Friends For Abigail Smith, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Thursday, January 21, 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

13C INDY S MITH A ND J EFFREY S MITH ,

23I NDIVIDUALLY A ND A S P ARENTS A ND N EXT

35F RIENDS F OR A BIGAIL S MITH , A M INOR ,

46Petitioners ,

47vs. Case No. 09 - 4149N

53F LORIDA B IRTH - R ELATED N EUROLOGICAL

62I NJURY C OMPENSATION A SSOCIATION ,

68Respondent .

70/

71F INAL O RDER A PPROVING S TIPULATION

79This cause came on for consideration upon the Stipulation Pertaining to

90Lump Sum Payment for Bathroom and/or Handicap Modifications of

99Dwelling (Stipulation) filed with the Division of Administrative Hearings on

109January 11, 2021, by Petitioners, Cindy and Jeffrey Smith, and Respondent,

120Florida Birth - Related Neurological Injury Compensation Association.

128Petition ers and Respondent have come to an agreement regarding a claim

140filed by Petitioners for bathroom and/or handicap modifications. They have

150agreed as follows:

153Respondent agrees to pay to Petitioners $30,000.00

161as a one - time only, lump sum payment for any a nd

174all bathroom and/or handicap modifications forever

180required for any residence.

184Petitioners agrees [sic] and accept this onetime

191payment as a full and final payment towards

199bathroom and/or handicap modifications to their

205current house located at 501 Sh ady Pine Court,

214Minneola, Florida 34715 and agrees [sic] that said

222payment precludes PetitionerÔs [sic] entitlement to

228any future payment from NICA for bathroom

235and/or handicap modifications for this house or any

243other house purchased, built or rented or l ived in

253by Petitioners in the future. Should Petitioners

260elect to move or have any other modifications

268performed to their current home, or any other home

277purchased, built, rented, or lived in by Petitioners,

285any future modifications will be solely at

292Petit ionerÔs [sic] expense.

296After due consideration of the interests of the parties, and being otherwise

308fully advised, it is

312ORDERED:

3131. The Stipulation is approved.

3182. The parties shall abide by the terms of the Stipulation.

329D ONE A ND O RDERED this 2 1 th da y of January, 2021 , in Tallahassee, Leon

347County, Florida.

349S

350T ODD P. R ESAVAGE

355Administrative Law Judge

3581230 Apalachee Parkway

361Tallahassee, Florida 32399 - 3060

366(850) 488 - 9675

370www.doah.state.fl.us

371Filed with the Clerk of the

377Division of Administrative Heari ngs

382this 2 1 th day of January, 2021 .

391C OPIES F URNISHED :

396(via certified mail)

399Amie Rice, Investigation Manager Shevaun L. Harris , Acting Secretary

408Consumer Services Unit Health Qua lity Assurance

415Department of Health Agency for Health Care Administration

4234052 Bald Cypress Way, Bin C - 75 2727 Mahan Drive, Mail Stop 1

437Tallahassee, Florida 32399 - 3275 Tallahassee, Florida 32308

445(Certified No.7020 1290 0001 6309 87 54) (Certified No.7020 1290 0001 6309 8778)

458Kenney Shipley, Executive Director Cindy and Jeffrey Smith

466Florida Birth - Related Neurological 501 Shady Pine Court

475Injury Compensation Association Minneola, Florida 34715

4812360 Christopher Place , Suite 1 (Certified No.7020 1290 0001 6309 8785)

492Tallahassee, Florida 32308

495(Certified No.7020 1290 0001 6309 8761)

501N OTICE O F R IGHT T O J UDICIAL R EVIEW

513Review of a final order of an administrative law judge shall be by appeal to

528the District Court of Appeal pursuant to section 766.311(1), Florida Statutes.

539Review proceedings are governed by the Florida Rules of Appellate

549Procedure. Such proceedings are commenced by filing the original notice of

560administrative appeal with the a gency c lerk of the Division of Administrative

573Hearings within 30 days of rendition of the order to be reviewed, and a copy,

588accompanied by filing fees prescribed by law, with the clerk of the

600appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

612Birth - Related Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

625(Fla. 1st DCA 1992).

Dockets
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Date
Proceedings
PDF:
Date: 03/08/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/25/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/21/2021
Proceedings: DOAH Final Order
PDF:
Date: 01/21/2021
Proceedings: DOAH Final Order
PDF:
Date: 01/21/2021
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 01/21/2021
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 01/11/2021
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/ or Handicap Modifications of Dwelling filed.
PDF:
Date: 05/30/2013
Proceedings: Order.
PDF:
Date: 05/23/2013
Proceedings: Notice of Florida Supreme Court Decision in Samples and Motion to Close Case filed.
PDF:
Date: 09/26/2012
Proceedings: Substitution of Counsel (Robert Grace) filed.
PDF:
Date: 06/27/2011
Proceedings: Notice of Firm Address Change filed.
PDF:
Date: 08/18/2010
Proceedings: Order (parties shall provide copy of concluding Supreme Court order or opinion and mandate in Samples, Id., within 20 days of its rendition).
PDF:
Date: 08/06/2010
Proceedings: Petitioners' Motion for Continuance of Stay filed.
PDF:
Date: 06/01/2010
Proceedings: Order (on Petitioners' and Respondent's joint motion to stay).
PDF:
Date: 05/19/2010
Proceedings: Joint Motion to Stay filed.
PDF:
Date: 02/10/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Charlene Willoughby).
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Robert Grace).
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Bradley Paul Blystone).
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Allison Millen).
PDF:
Date: 02/09/2010
Proceedings: Certified Return Receipt for August 4, 2009, not received from Jennier Hamm, M.D.
PDF:
Date: 02/04/2010
Proceedings: DOAH Final Order
PDF:
Date: 02/04/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 02/04/2010
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 02/02/2010
Proceedings: Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection With Filing of Claim filed.
PDF:
Date: 01/26/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (McMillen Law Firm).
PDF:
Date: 01/26/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley)
PDF:
Date: 01/26/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Marshall, Dennehey, Wagner, et al.).
PDF:
Date: 01/26/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Stiles, Taylor & Grace).
PDF:
Date: 01/26/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Department of Health).
PDF:
Date: 01/26/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
PDF:
Date: 01/22/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 01/22/2010
Proceedings: Order Approving Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues.
PDF:
Date: 01/08/2010
Proceedings: Notice.
PDF:
Date: 12/29/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Jennifer Hamm, M.D.).
PDF:
Date: 12/23/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/23/2009
Proceedings: Order (Stipulation and Joint Petition is taken under advisement until 20 days after perfection of service on Dr. Hamm).
PDF:
Date: 12/17/2009
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: 12/15/2009
Proceedings: Intervenor, Orlando Health Inc.'s Response to Order to Show Cause filed.
PDF:
Date: 12/11/2009
Proceedings: Order to Show Cause.
PDF:
Date: 11/18/2009
Proceedings: Notice of Appearance (filed by R. Grace).
Date: 10/21/2009
Proceedings: Report of Donald C,. Willis, M.D. regarding Abigail Smith (not available for viewing).
PDF:
Date: 10/21/2009
Proceedings: Notice of Filing (copy of report from Donald C. Willis, M.D.).
PDF:
Date: 10/21/2009
Proceedings: Letter to Allison McMillen from Kenney Shipley agreeing that Abigail Smith suffered a birth-related neurological injury filed.
PDF:
Date: 10/02/2009
Proceedings: Notice of Case Reassignment.
PDF:
Date: 09/18/2009
Proceedings: Order Granting Extension of Time (response to the petition to be filed by October 21, 2009).
PDF:
Date: 09/17/2009
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 08/24/2009
Proceedings: Order (granting Petition for Leave to Intervene filed on bahlaf of Orlando Health, Inc., d/b/a Winnie Palmer Hospital for Women and Babies).
PDF:
Date: 08/24/2009
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 08/18/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
PDF:
Date: 08/18/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Winnie Palmer Hospital).
PDF:
Date: 08/13/2009
Proceedings: Petition for Leave to Intervene in Administrative Proceedings (filed by Orlando Health, Inc., d/b/a Winnie Palmer Hospital for Women & Babies) filed.
PDF:
Date: 08/12/2009
Proceedings: Motion to Act as A Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 08/04/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/04/2009
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 08/04/2009
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
Date: 08/03/2009
Proceedings: NICA Filing Fee (Check No. 2399; $15.00) filed (not available for viewing).
PDF:
Date: 08/03/2009
Proceedings: Petition for Determination of NICA Coverage filed.
PDF:
Date: 08/03/2009
Proceedings: Referral Letter filed.

Case Information

Judge:
ELLA JANE P. DAVIS
Date Filed:
08/03/2009
Date Assignment:
10/02/2009
Last Docket Entry:
03/08/2021
Location:
Montverde, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):