eLaws | eCases | Florida State | Florida Courts | Counties & Cities of Florida | Code of Federal Regulations |
Home » Cases Under Administrative Hearing » 11-001639N

11-001639N Jennifer Andrews And Christian Chenier, Individually And On Behalf Of Avaline Marie Chenier, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Tuesday, January 26, 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

13J ENNIFER A NDREWS A ND C HRISTIAN

21C HENIER , I NDIVIDUALLY A ND O N B EHALF

31OF A VALINE M ARIE C HENIER , A M INOR ,

41Petitioners ,

42vs. Case No. 11 - 1639N

48F LORIDA B IRTH - R ELATED N EUROLOGICAL

57I NJURY C OMPENSATION A SSOCIATION ,

63Respondent,

64and

65St. Joseph's Hospital, D/B/A St. Joseph's

71Women's Hospital And Helena Reichman,

76M.D.,

77Intervenor .

79/

80F INAL O RDER A PPROVING S TIPULATION

88T his cause came on for consideration upon the Stipulation Pertaining to

100Lump Sum Payment for Bathroom and/or Handicap Modifications of

109Dwelling (Stipulation) filed with the Division of Administrative Hearings on

119January 19, 2021, by Petitioners, Jennifer An drews Collins and Christian P.

131Chenier, and Respondent, Florida Birth - Related Neurological Injury

140Compensation Association.

142Petitioners and Respondent have come to an agreement regarding a claim

153filed by Petitioners for bathroom and/or handicap modificat ions. They have

164agreed as follows:

167Respondent agrees to pay to Petitioner, Jennifer

174Andrews Collins $15,000.00, and Christian P

181Chenier $ 15 ,000.00, as a one - time only, lump sum

193payment for any and all bathroom and/or handicap

201modifications forever requir ed for any residence.

208Petitioners agree and accept this onetime payment

215as a full and final payment towards bathroom

223and/or handicap modifications to his/her/their

228current house located at 1302 Godbey Road,

235Mocksville, NC 27028 and 193 Yacht Road,

242Moores ville, NC 28117 and agrees [sic] that said

251payment precludes PetitionerÔs [sic] entitlement to

257any future payment from NICA for bathroom

264and/or handicap modifications for this house or any

272other house purchased, built or rented or lived in

281by Petitioners i n the future. Should Petitioners

289elect to move or have any other modifications

297performed to their current home, or any other home

306purchased, built, rented, or lived in by Petitioners,

314any future modifications will be solely at

321PetitionerÔs [sic] expense.

324After due consideration of the interests of the parties, and being otherwise

336fully advised, it is

340O RDERED :

3431. The Stipulation is approved.

3482. The parties shall abide by the terms of the Stipulation.

359D ONE A ND O RDERED this 2 6 th day of January, 2021 , in T allahassee, Leon

377County, Florida.

379S

380T ODD P. R ESAVAGE

385Administrative Law Judge

3881230 Apalachee Parkway

391Tallahassee, Florida 32399 - 3060

396(850) 488 - 9675

400www.doah.state.fl.us

401Filed with the Clerk of the

407Division of Administrative Hearings

411this 2 6 th day of Jan uary, 2021 .

421C OPIES F URNISHED :

426(via certified mail)

429Amie Rice, Investigation Manager Shevaun L. Harris , Acting Secretary

438Consumer Services Unit Health Quality Assurance

444Department of Health Agency fo r Health Care Administration

4534052 Bald Cypress Way, Bin C - 75 2727 Mahan Drive, Mail Stop 1

467Tallahassee, Florida 32399 - 3275 Tallahassee, Florida 32308

475(Certified No. 7020 1290 0001 7689 4996 ) (Certified No. 7020 1290 0001 6309 8808 )

491Kenney Shipley, Exe cutive Director Jennifer A ndrews Collins

500Florida Birth - Related Neurological 1302 Godbey Road

508Injury Compensation Association Mocksville, N orth C arolina 27028

517Suite 1 (Certified No. 7020 1290 0001 6309 8815 )

5272360 Christopher Place

530Tallahassee, Florida 32308 Christia n P. Chenier

537(Certified No. 7020 1290 0001 7689 5009 ) 193 Yacht Road

548Mooresville, N orth C arolina 28117

554(Certified No. 7020 1290 0001 6309 8822 )

562N OTICE O F R IGHT T O J UDICIAL R EVIEW

574Review of a final order of an administrative law judge shall be by appeal to

589the District Court of Appeal pursu ant to section 766.311(1), Florida Statutes.

601Review proceedings are governed by the Florida Rules of Appellate

611Procedure. Such proceedings are commenced by filing the original notice of

622administrative appeal with the a gency c lerk of the Division of Adminis trative

636Hearings within 30 days of rendition of the order to be reviewed, and a copy,

651accompanied by filing fees prescribed by law, with the clerk of the

663appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

675Birth - Related Neurologica l Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

689(Fla. 1st DCA 1992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 06/28/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/30/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/08/2021
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/26/2021
Proceedings: DOAH Final Order
PDF:
Date: 01/26/2021
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 01/26/2021
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 01/19/2021
Proceedings: Stipulation pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling (Chenier) 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: 08/02/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/01/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/30/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/27/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/25/2012
Proceedings: DOAH Final Order
PDF:
Date: 07/25/2012
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 07/25/2012
Proceedings: Final Order (hearing held June 19, 2012). DOAH JURISDICTION RETAINED.
PDF:
Date: 07/16/2012
Proceedings: Notice of Filing (Respondent's Proposed Final Order) filed.
PDF:
Date: 07/13/2012
Proceedings: Notice of Filing (Errata Sheet of Francie Pierce, III) filed.
PDF:
Date: 07/13/2012
Proceedings: Petitioners' Proposed Final Order Awarding Fees and Other Expenses filed.
Date: 07/06/2012
Proceedings: Transcript and Medical Records filed (not available for viewing).
PDF:
Date: 07/05/2012
Proceedings: Notice of Filing filed.
Date: 06/19/2012
Proceedings: Deposition of Francis Pierce and Medical Records filed (not available for viewing).
Date: 06/19/2012
Proceedings: Notice of Filing (exhibits not available for viewing)
Date: 06/19/2012
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 06/19/2012
Proceedings: Notice of Filing filed.
PDF:
Date: 06/18/2012
Proceedings: Notice of Filing Additional Documents in Ssupport of Claim for Reasonable Expenses (exhibits not available for viewing).
PDF:
Date: 06/15/2012
Proceedings: Notice of Filing (exhibits not available for viewing).
PDF:
Date: 06/14/2012
Proceedings: Respondent, Florida Birth-Related Neurological Injury Compensation Association's Cross-Notice of Taking Deposition (Francis Pierce) filed.
PDF:
Date: 06/14/2012
Proceedings: Order Granting Extension of Time.
PDF:
Date: 06/14/2012
Proceedings: Notice of Taking Deposition (of F. Pierce) filed.
PDF:
Date: 06/13/2012
Proceedings: Pre-hearing Stipulation filed.
PDF:
Date: 06/13/2012
Proceedings: Motion for Extension of Time to File Deposition filed.
PDF:
Date: 06/01/2012
Proceedings: Notice of Filing Affidavits in Support of Claim for Reasonable Expenses (complete) filed.
PDF:
Date: 05/30/2012
Proceedings: Notice of Filing Affidavits in Support of Claim for Reasonable Expenses filed.
PDF:
Date: 04/17/2012
Proceedings: Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 19, 2012; 10:00 a.m.; Tampa, FL).
PDF:
Date: 04/16/2012
Proceedings: Motion to Reschedule Hearing on Petitioners' Expenses filed.
PDF:
Date: 03/02/2012
Proceedings: Notice of Law Firm Name Change filed.
PDF:
Date: 02/17/2012
Proceedings: Statement of Intervenor St. Joseph's Hospital d/b/a St. Joseph's Women's Hospital Regarding Attorney's Fees filed.
PDF:
Date: 02/17/2012
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for April 19, 2012; 10:00 a.m.; Tampa and Tallahassee, FL; amended as to hearing location of Tampa video teleconference site).
PDF:
Date: 02/08/2012
Proceedings: Notice of Statement of Position by Intervenor, Helena Reichman, M.D filed.
PDF:
Date: 02/06/2012
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 02/06/2012
Proceedings: Notice of Hearing by Video Teleconference (hearing set for April 19, 2012; 10:00 a.m.; Tampa and Tallahassee, FL).
PDF:
Date: 11/15/2011
Proceedings: Status Report filed.
PDF:
Date: 11/01/2011
Proceedings: Order Granting Extension of Time.
PDF:
Date: 10/31/2011
Proceedings: Petitioner's Unopposed Request for An Additonal 20 Days to Respond to Order Approving Stipulation filed.
PDF:
Date: 09/19/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/16/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/15/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/14/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/12/2011
Proceedings: DOAH Final Order
PDF:
Date: 09/12/2011
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 09/12/2011
Proceedings: Order Approving Stipulation and Joint Petition of Compensation of Claim Arising Out of Florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes. DOAH JURISDICTION RETAINED.
PDF:
Date: 09/01/2011
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: 07/26/2011
Proceedings: Petitioner's Response to July 13, 2011 Order filed.
PDF:
Date: 07/13/2011
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
PDF:
Date: 07/06/2011
Proceedings: Notice of Filing (report of R. Fernandez, M.D. and D. Willis, M.D.) filed.
PDF:
Date: 07/06/2011
Proceedings: Response to Petition for Benefits filed.
PDF:
Date: 05/24/2011
Proceedings: Notice of Appearance (of R. Grace) filed.
PDF:
Date: 05/18/2011
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 05/17/2011
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 05/11/2011
Proceedings: Order Granting Extension of Time.
PDF:
Date: 05/10/2011
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 05/06/2011
Proceedings: Motion to Intervene by Helena Reichman, M.D. filed.
PDF:
Date: 05/03/2011
Proceedings: St. Joseph's Hospital d/b/a St. Joseph's Women's Hospital's Motion to Intervene filed.
PDF:
Date: 04/20/2011
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 04/08/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/07/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/07/2011
Proceedings: Motion to Act as Qualified Representative before the Division of Administrative Hearings filed.
PDF:
Date: 04/05/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/01/2011
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/01/2011
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 04/01/2011
Proceedings: Notice sent out that this case is now before the Division of Administrative Hearings.
Date: 03/30/2011
Proceedings: NICA Filing Fee (Check No. 56645; $15.00) filed (not available for viewing).
PDF:
Date: 03/30/2011
Proceedings: Petition for NICA Benefits filed.

Case Information

Judge:
SUSAN BELYEU KIRKLAND
Date Filed:
03/30/2011
Date Assignment:
01/22/2021
Last Docket Entry:
06/28/2021
Location:
Tampa, Florida
District:
Middle
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (8):