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Home » Cases Under Administrative Hearing » 09-004575N

09-004575N Shaymaa Alansi And Abdul Alansi, Individually And As Parents And Next Friends Of Zaina Alansi, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, April 20, 2018.

View Dockets  
Summary: Final Order approving stipulation for a claim for bathroom and/or handicap modifications

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8SHAYMAA ALANSI AND ABDUL ALANSI,

13INDIVIDUALLY AND AS PARENTS AND

18NEXT FRIENDS OF ZAINA ALANSI, A

24MINOR,

25Petitioners,

26vs. Case No. 09 - 4575N

32FLORIDA BIRTH - RELATED

36NEUROLOGICAL INJURY COMPENSATION

39ASSOCIATION,

40Respondent,

41and

42FLORIDA HEALTH SCIENCES CENTER,

46INC., d/b/a TAMPA GENERAL

50HOSPITAL,

51Intervenor.

52_______________________________/

53FINAL ORDER APPROVING STIPULATION

57This cause came on for consideration upon the Stipul ation

67Pertaining to Lump Sum Payment for Bathroom and/or Handicap

76Modifications of Dwelling (Stipulation) filed with the Division

84of Administrative Hearings on April 16, 2018, by Petitioners,

93Shaymaa Alansi and Abdul Alansi, and Respondent, Florida Birth -

103R elated Neurological Injury Compensation Association.

109Petitioners and Respondent have come to an agreement

117regarding a claim filed by Petitioners for bathroom and/or

126handicap modifications. They have agreed as follows:

133Respondent agrees to pay Petitioner(s )

139$30,000.00 as a one - time only, lump sum

149payment for any and all bathroom and/or

156handicap modifications forever required for

161any residence.

163Petitioner(s) agree(s) and accept(s) this

168one - time payment as a full and final payment

178towards bathroom and/or han dicap

183modifications to his/her/their current house

188located at 20120 Blue Daze Avenue, Tampa,

195Florida, 33647 - 2965, and agrees that said

203payment precludes PetitionersÓ entitlement to

208any future payment from NICA for bathroom

215and/or handicap modifications for this house

221or any other house purchased, built or rented

229or lived in by Petitioner(s) in the future.

237Should Petitioner(s) elect to move or have

244any other modifications performed to

249his/her/their current home, or any other home

256purchased, built, rented or lived in by

263Petitioner(s), any future modifications will

268be solely at PetitionersÓ expense.

273After due consideration of the interests of the parties, and

283being otherwise fully advised in the premises, it is

292ORDERED:

2931. PetitionersÓ and RespondentÓs Sti pulation is approved.

3012. The parties shall abide by the terms of the Stipulation.

312DONE AND ORDERED this 20th day of April , 2018 , in

322Tallahassee, Leon County, Florida.

326S

327TODD P. RESAVAGE

330Administrative Law Judge

333Division of Administrative Hearings

337The DeSoto Building

3401230 Apalachee Parkway

343Tallahassee, Florida 32399 - 3060

348(850) 488 - 9675

352Fax Filing (850) 921 - 6847

358www.doah.state.fl.us

359Filed with the Clerk of the

365Division of Administrative Hearings

369this 20th day of April , 2 018 .

377COPIES FURNISHED:

379(via certified mail)

382Allison C. McMillen, Esquire

386McMillen Law Firm, P.A.

390608 East Central Boulevard

394Orlando, Florida 32801

397(eServed)

398(Certified Mail Number 7018 0040 0000 9772 4670)

406Edward J. Carbone, Esquire

410Roig, Tutan, Rosen berg,

414Martin and Stoller, P.A.

418Suite 1350

420100 South Ashley Drive

424Tampa, Florida 33602

427(eServed)

428(Certified Mail Number 7018 0040 0000 9772 4571)

436Robert J. Grace, Esquire

440The Bleakley Bavol Law Firm

44515170 North Florida Avenue

449Tampa, Florida 33613

452(eSer ved)

454(Certified Mail Number 7018 0040 0000 9772 4564)

462Kenney Shipley, Executive Director

466Florida Birth Related Neurological

470Injury Compensation Association

473Suite 1

4752360 Christopher Place

478Tallahassee, Florida 32308

481(eServed)

482(Certified Mail Number 7018 0 040 0000 9772 4588)

491Amie Rice, Investigation Manager

495Consumer Services Unit

498Department of Health

5014052 Bald Cypress Way, Bin C - 75

509Tallahassee, Florida 32399 - 3275

514(Certified Mail Number 7018 0040 0000 9772 4595)

522Justin Senior , Secretary

525Health Quality As surance

529Agency for Health Care Administration

5342727 Mahan Drive, Mail Stop 1

540Tallahassee, Florida 32308

543(eServed)

544(Certified Mail Number 7018 0040 0000 9772 4601)

552NOTICE OF RIGHT TO JUDICIAL REVIEW

558Review of a final order of an administrative law judge shall be

570by appeal to the District Court of Appeal pursuant to section

581766.311(1), Florida Statutes. Review proceedings are governed by

589the Florida Rules of Appellate Procedure. Such proceedings are

598commenced by filing the original notice of administrat ive appeal

608with the a gency c lerk of the Division of Administrative Hearings

620within 30 days of rendition of the order to be reviewed, and a

633copy, accompanied by filing fees prescribed by law, with the

643clerk of the appropriate District Court of Appeal. See

652§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

662Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

6741992).

Dockets
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Date
Proceedings
PDF:
Date: 04/25/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/25/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/24/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/20/2018
Proceedings: DOAH Final Order
PDF:
Date: 04/20/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/20/2018
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 04/16/2018
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: 10/01/2012
Proceedings: Notice of Designation of Email Addresses for Service of Documents filed.
PDF:
Date: 09/26/2012
Proceedings: Substitution of Counsel (Robert Grace) 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: 02/22/2010
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 02/12/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Charlene Willoughby).
PDF:
Date: 02/12/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Allison C. McMillen).
PDF:
Date: 02/12/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Edward J. Carbone).
PDF:
Date: 02/12/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Robert Grace).
PDF:
Date: 02/10/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
PDF:
Date: 02/08/2010
Proceedings: DOAH Final Order
PDF:
Date: 02/08/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 02/08/2010
Proceedings: Final Order Approving Stipulation for Entry of Award . CASE CLOSED.
PDF:
Date: 01/28/2010
Proceedings: Stipulation and Joint Petition for Resolution of Reasonable Expenses Incurred by Petitioners in Connection With Filing of Claim filed.
PDF:
Date: 01/08/2010
Proceedings: Undeliverable envelope returned from the Post Office (Erich Wycoff).
PDF:
Date: 12/29/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Buchanan Ingersoll, PA).
PDF:
Date: 12/29/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (McMillen Law Firm).
PDF:
Date: 12/28/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Department of Health).
PDF:
Date: 12/28/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Stiles, Taylor & Grace).
PDF:
Date: 12/24/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
PDF:
Date: 12/22/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/22/2009
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: 12/16/2009
Proceedings: Stipulation and Joint Petition for Compensation of Claim filed.
PDF:
Date: 12/11/2009
Proceedings: Order to Show Cause.
PDF:
Date: 12/04/2009
Proceedings: Notice of Appearance (filed by R. Grace).
Date: 11/03/2009
Proceedings: Letter to A. McMillen from K. Shipley enclosing medical evaluations and offering compensation for claim and Medical Records filed (not available for viewing).
PDF:
Date: 10/29/2009
Proceedings: Intervenor, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Response to Petitioners' Request for Production of Documents filed.
PDF:
Date: 10/13/2009
Proceedings: Order Granting Extension of Time (response to the petition to be filed by November 3, 2009).
PDF:
Date: 10/08/2009
Proceedings: Petitioners' Answers to Intervenors' Interrogatories filed.
PDF:
Date: 10/07/2009
Proceedings: Notice of Service of Answers of Petitioner, Shaymaa Alansi's Interrogatories to Respondent filed.
PDF:
Date: 10/05/2009
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 10/02/2009
Proceedings: Notice of Case Reassignment.
PDF:
Date: 10/01/2009
Proceedings: Petitioners' Request for Production of Documents filed.
PDF:
Date: 10/01/2009
Proceedings: Petitioners' Response to Request for Admissions filed.
PDF:
Date: 10/01/2009
Proceedings: Petitioners' Interrogatories to Respondent filed.
PDF:
Date: 09/23/2009
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 09/21/2009
Proceedings: Request for Admissions filed.
PDF:
Date: 09/21/2009
Proceedings: Interrogatories Accompanying Request for Admissions filed.
PDF:
Date: 09/21/2009
Proceedings: Intervenor Florida Health Science Center, Inc.'s Notice of Serving First Request for Admissions and First Set of Interrogatories filed.
PDF:
Date: 09/14/2009
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 09/09/2009
Proceedings: Order (Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital is granted Intervenor status).
PDF:
Date: 08/28/2009
Proceedings: Motion to Intervene Filed by Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
PDF:
Date: 08/25/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Kenney Shipley).
PDF:
Date: 08/25/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Erich Wyckoff).
PDF:
Date: 08/25/2009
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service (Tampa General Hospital).
PDF:
Date: 08/20/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/20/2009
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/20/2009
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 08/20/2009
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
Date: 08/19/2009
Proceedings: NICA Filing fee (Check No. 2430; $15.00) filed (not available for viewing).
PDF:
Date: 08/19/2009
Proceedings: Petition for Determination of NICA Coverage filed.
PDF:
Date: 08/19/2009
Proceedings: Referral Letter filed.

Case Information

Judge:
ELLA JANE P. DAVIS
Date Filed:
08/19/2009
Date Assignment:
10/02/2009
Last Docket Entry:
04/25/2018
Location:
Tarpon Springs, Florida
District:
Middle
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related DOAH Cases(s) (1):

Related Florida Statute(s) (2):