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10-002998N Sabrina Barone, Individually And As Parent And Next Friend Of Roman Barone, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Wednesday, October 26, 2016.

View Dockets  
Summary: Final Order Approving Stipulation pertaining to bathroom and/or handicap modifications of dwelling.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8SABRINA BARONE JOSTES ,

11individually and as parent and

16next friend of ROMAN BARONE, a

22minor ,

23Petitioner,

24Case No. 10 - 2998N

29vs.

30FLORIDA BIRTH - RELATED

34NEUROLOGICAL INJURY COMPENSATION

37ASSOCIATION,

38Respondent .

40_______________________________/

41FINAL ORDER APPROVING STIPULATION

45This cause came on for consideration upon the Stipulation

54Pertaining to Lump Sum Payment for Bathroom and/or Handicap

63Modifications of Dwelling (Stipulation) filed with the Division

71of Administrative Hearings on October 25, 2016 , by Petitioner,

80Sabrina Barone Jostes and Respondent, Florida Birth - Related

89Neurological Injury Compensation Association.

93Petitioner and Respondent have come to an agreement

101regarding a claim filed by Petitioner for bathroom and/or

110handicap modifications. They have agreed as follows:

1172. Respondent agrees to pay to Petitioner

124$30,000 .00 as a one - time only, lump sum

135payment for any and all bathroom and/or

142handicap modifications forever r equired for

148any residence.

1503. Petitioner agree (s) and accept(s) this

157one - time payment as a full and final payment

167toward s bathroom and/or handicap

172modifications to his/her/their current house

177located at 1097 N. SERVICE ROAD WEST, ST.

185CLAIRE, MISSOURI, 63 077 , and agrees that said

193payment precludes PetitionerÓ s entitlement to

199any future payment from NICA for bathroom

206and/or handicap modifications for this house

212or any other house purchased, built or rented

220or lived in by Petitioner(s) in the future.

228Should Petitioner(s) elect to move or have

235any other modifications performed to

240his/her/their current home, or any other home

247purchased, built, rented or lived in by

254Petitioner(s), any future modifications will

259be solely at Petitioner Ó s expense.

266After due consi deration of the interests of the parties, and

277being otherwise fully advised in the premises, it is

286ORDERED:

2871. Petitioner Ó s and RespondentÓs Stipulation is approved.

2962. The parties shall abide by the terms of the Stipulation.

307DONE AND ORDERED this 26th day of October , 2016 , in

317Tallahassee, Leon County, Florida.

321S

322BARBARA J. STAROS

325Administrative Law Judge

328Division of Administrative Hearings

332The DeSoto Building

3351230 Apalachee Parkway

338Tallahassee, Florida 32399 - 3060

343(85 0) 488 - 9675

348Fax Filing (850) 921 - 6847

354www.doah.state.fl.us

355Filed with the Clerk of the

361Division of Administrative Hearings

365this 26th day of October , 2016 .

372COPIES FURNISHED:

374(via certified mail)

377Kenney Shipley, Executive Director

381Florida Birth Related Neurological

385Injury Compensation Association

3882360 Christopher Place, Suite 1

393Tallahassee, Florida 32308

396(eServed)

397(Certified Mail No. 7012 3050 0001 0080 6199)

405Sabrina Barone Jostes

4081097 North Service Road West

413St. Claire, Missouri 63077

417(Certified Mail No. 7012 3050 0001 0080 6205)

425Amie Rice, Investigation Manager

429Consumer Services Unit

432Department of Health

4354052 Bald Cypress Way, Bin C - 75

443Tallahassee, Florida 32399 - 3275

448(Certified Mail No. 7012 3050 0001 0080 6212)

456Justin Senior , Interim Secretar y

461Health Quality Assurance

464Agency for Health Care Administration

4692727 Mahan Drive, Mail Stop 1

475Tallahassee, Florida 32308

478(eServed)

479(Certified Mail No. 7012 3050 0001 0080 6229)

487NOTICE OF RIGHT TO JUDICIAL REVIEW

493Review of a final order of an adminis trative law judge shall be

506by appeal to the District Court of Appeal pursuant to section

517766.311(1), Florida Statutes. Review proceedings are governed by

525the Florida Rules of Appellate Procedure. Such proceedings are

534commenced by filing the original noti ce of administrative appeal

544with the a gency c lerk of the Division of Administrative Hearings

556within 30 days of rendition of the order to be reviewed, and a

569copy, accompanied by filing fees prescribed by law, with the

579clerk of the appropriate District Court of Appeal. See

588§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

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

6101992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 11/07/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/01/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/31/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/28/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/26/2016
Proceedings: DOAH Final Order
PDF:
Date: 10/26/2016
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 10/26/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/25/2016
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 06/27/2011
Proceedings: Notice of Firm Address Change filed.
PDF:
Date: 12/15/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/14/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/13/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/10/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/08/2010
Proceedings: DOAH Final Order
PDF:
Date: 12/08/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/08/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/08/2010
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: 12/02/2010
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: 12/02/2010
Proceedings: Notice of Filing .
Date: 08/31/2010
Proceedings: Letter to A. McMillen from K. Shipley enclosing offer of benefits and medical records (medical records not available for viewing).
PDF:
Date: 08/31/2010
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 08/20/2010
Proceedings: Motion to Intervene (Winter Have Hospital) filed.
PDF:
Date: 08/09/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/04/2010
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/04/2010
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 07/20/2010
Proceedings: Order Granting Extension of Time (response to the petition to be filed by September 1, 2010).
PDF:
Date: 07/16/2010
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 06/29/2010
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 06/14/2010
Proceedings: Motion to Act as Qualified Representative before the Division of Administrative Hearings filed.
PDF:
Date: 06/07/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/02/2010
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 06/02/2010
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
PDF:
Date: 06/02/2010
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
Date: 06/01/2010
Proceedings: NICA filing fee (Check No. 2853: $15.00) (not available for viewing).
PDF:
Date: 06/01/2010
Proceedings: Petition for Determination of NICA Coverage filed.

Case Information

Judge:
ELLA JANE P. DAVIS
Date Filed:
06/01/2010
Date Assignment:
10/25/2016
Last Docket Entry:
11/07/2016
Location:
Health Care, Florida
District:
HC
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (6):