10-003195N
Nadine Joboram And Ralph Moise, As Parents And Natural Guardians Of Kharissa Marie Moise, A Minor vs.
Florida Birth-Related Neurological Injury Compensation Association
Status: Closed
DOAH Final Order on Thursday, March 12, 2020.
DOAH Final Order on Thursday, March 12, 2020.
1S TATE OF F LORIDA
6D IVISION OF A DMINISTRATIVE H EARINGS
13N ADINE J OBORAM , A S P ARENT A ND
23N ATURAL G UARDIAN OF K HARISSA M ARIE
32M OISE , A M INOR ,
37Petitioner ,
38vs. Case No. 10 - 3195N
44F LORIDA B IRTH - R ELATED N EUROLOGICAL
53I NJURY C OMPENSATION A SSOCIATION ,
59Respondent .
61/
62F INAL O RDER A PPROVING S TIPULATION
70This cause came on for consideration upon the Stipulation Pertaining to
81Lump Sum Payment for Bathroom and/or Handicap Modifications o f
91Dwelling (Stipulation) filed with the Division of Administrative Hearings on
101March 10, 2020, by Petitioner, Nadine Joboram, and Respondent, Florida
111Birth - Related Neurological Injury Compensation Association.
118Petitioner and Respondent have come to an agr eement regarding a
129claim filed by Petitioner for bathroom and/or handicap modifications. They
139have agreed as follows:
143Respondent agrees to pay Petitioner(s) $30,000.00
150as a one - time only, lump sum payment for any and
162all bathroom and/or handicap modificati ons forever
169required for any residence.
173Petitioner (s) agree ( s ) and accept ( s ) this one - time
188payment as a full and final payment towards
196bathroom and/or handicap modifications to her
202current house located at 2048 Prout Farm Road,
210Pottstown, Pennsylvania 194 64, and agrees that
217said payment precludes PetitionerÔs entitlement to
223any future payment from NICA for bathroom
230and/or handicap modifications for this house or any
238other house purchased, built or rented or lived in
247by Petitioner (s) in the future. Should P etitioner
256elect to move or have any other modifications
264performed to his/her/their current home, or any
271other home purchased, built, rented or lived in by
280Petitioner (s) , any future modifications will be solely
288at PetitionerÔs expense.
291After due considerat ion of the interests of the parties, and being otherwise
304fully advised in the premises, it is
311O RDERED :
3141. Petitioner and RespondentÔs Stipulation is approved.
3212. The parties shall abide by the terms of the Stipulation.
332D ONE A ND O RDERED this 12th day of M arch , 2020 , in Tallahassee, Leon
348County, Florida.
350S
351T ODD P. R ESAVAGE
356Administrative Law Judge
359Division of Administrative Hearings
363The DeSoto Building
3661230 Apalachee Parkway
369Tallahassee, Florida 32399 - 3060
374(850) 488 - 9675
378Fax Filing (850) 921 - 6847
384www.doa h.state.fl.us
386Filed with the Clerk of the
392Division of Administrative Hearings
396this 12th day of March , 2020 .
403C OPIES F URNISHED :
408(via certified mail)
411Kenney Shipley, Executive Director
415Florida Birth - Related Neurological
420Injury Compensation Associatio n
424Suite 1
4262360 Christopher Place
429Tallahassee, Florida 32308
432(eServed)
433(Certified Mail No. 7019 1640 0000 2306 2623)
441Nadine Joboram
4432048 Prout Farm Road
447Pottstown, Pennsylvania 19464
450(Certified Mail No. 7019 1640 0000 2306 2630)
458Amie Rice, Investigation Manager
462Consumer Services Unit
465Department of Health
4684052 Bald Cypress Way, Bin C - 75
476Tallahassee, Florida 32399 - 3275
481(Certified Mail No. 7019 1640 0000 2306 2647)
489Mary C. Mayhew, Secretary
493Health Quality Assurance
496Agency for Health Care Administration
50127 27 Mahan Drive, Mail Stop 1
508Tallahassee, Florida 32308
511(eServed)
512(Certified Mail No. 7019 1640 0000 2306 2654)
520N OTICE O F R IGHT T O J UDICIAL R EVIEW
532Review of a final order of an administrative law judge shall be by appeal to
547the District Court of Appea l pursuant to section 766.311(1), Florida Statutes.
559Review proceedings are governed by the Florida Rules of Appellate
569Procedure. Such proceedings are commenced by filing the original notice of
580administrative appeal with the a gency c lerk of the Division of Administrative
593Hearings within 30 days of rendition of the order to be reviewed, and a copy,
608accompanied by filing fees prescribed by law, with the clerk of the
620appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.
632Birth - Related Neur ological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299
646(Fla. 1st DCA 1992).
- Date
- Proceedings
- PDF:
- Date: 04/06/2020
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 03/17/2020
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 03/12/2020
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 03/10/2020
- Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
- PDF:
- Date: 04/28/2011
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/27/2011
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/26/2011
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/25/2011
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 04/21/2011
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 04/21/2011
- Proceedings: Final Order Approving Stipulation and Joint Petition for Compensation Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statu. CASE CLOSED. DOAH JURISDICTION RETAINED.
- PDF:
- Date: 04/21/2011
- Proceedings: Final Order Approving Stipulation and Joint Petition for Compensation Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statu. CASE CLOSED. DOAH JURISDICTION RETAINED.
- PDF:
- Date: 04/15/2011
- 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: 04/06/2011
- Proceedings: Letter to Judge Davis from J. Fenster regarding unsigned Stipulation filed.
- PDF:
- Date: 02/04/2011
- Proceedings: Letter to Judge Davis from Thomas Heath regarding suggesting the entry of an agreed order filed.
- Date: 09/14/2010
- Proceedings: Letter to J. Fenster from K. Shipley enclosing a copy of medical evaluations from D. Willis and M. Duchowny and Medical Records filed (not available for viewing).
- PDF:
- Date: 08/30/2010
- Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
- PDF:
- Date: 07/30/2010
- Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
- PDF:
- Date: 07/13/2010
- Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
- PDF:
- Date: 07/01/2010
- Proceedings: Motion to Act as Qualified Representative before the Division of Administrative Hearings filed.
- PDF:
- Date: 06/18/2010
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/17/2010
- Proceedings: Petition for Leave to Intervene (Holy Cross Hospital, Inc., Holy Cross Hospital, Inc., d/b/a Holy Cross Medical Group and Ghea Adeboyejo, M.D.)
- PDF:
- Date: 06/16/2010
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/14/2010
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- Date: 06/14/2010
- Proceedings: NICA Filing Fee (Check No. 3606; $15.00) filed (not available for viewing).
- PDF:
- Date: 06/14/2010
- Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
- PDF:
- Date: 06/14/2010
- Proceedings: Letter to DOAH from J. Fenster regarding enclosed Petition with correct style filed.
- PDF:
- Date: 06/14/2010
- Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Case Information
- Judge:
- ELLA JANE P. DAVIS
- Date Filed:
- 06/14/2010
- Date Assignment:
- 03/10/2020
- Last Docket Entry:
- 04/06/2020
- Location:
- Health Care, Florida
- District:
- HC
- Agency:
- Florida Birth-Related Neurological Injury Compensation Associati
- Suffix:
- N
Counsels
-
Jeffrey M. Fenster, Esquire
Address of Record -
Thomas C. Heath, Esquire
Address of Record -
Kenney Shipley, Executive Director
Address of Record -
Nadine Joboram
Address of Record