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.


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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

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).

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PDF
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: DOAH Final Order
PDF:
Date: 03/12/2020
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 03/12/2020
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
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: DOAH Final Order
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: 04/15/2011
Proceedings: Notice of Filing.
PDF:
Date: 04/06/2011
Proceedings: Letter to Judge Davis from J. Fenster regarding unsigned Stipulation filed.
PDF:
Date: 03/31/2011
Proceedings: Status Report filed.
PDF:
Date: 03/23/2011
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 02/07/2011
Proceedings: Status Report filed.
PDF:
Date: 02/04/2011
Proceedings: Letter to Judge Davis from Thomas Heath regarding suggesting the entry of an agreed order filed.
PDF:
Date: 01/27/2011
Proceedings: Letter to parties of record from Judge Davis.
PDF:
Date: 10/22/2010
Proceedings: Status Report 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: 08/31/2010
Proceedings: Order Granting Extension of Time.
PDF:
Date: 08/30/2010
Proceedings: Motion for Extension of Time in which to Respond to Petition filed.
PDF:
Date: 08/03/2010
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/30/2010
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 07/22/2010
Proceedings: Order Granting Petition to Intervene.
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: 06/18/2010
Proceedings: Letter to parties of record from Judge Davis.
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.
PDF:
Date: 06/14/2010
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
PDF:
Date: 06/03/2010
Proceedings: Referral Letter filed.

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

Related Florida Statute(s) (6):