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11-005077N Christiana Buffington And Joshua Buffington, Individually And As Parents And Next Friends Of Mikayla Buffington, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, January 25, 2019.

View Dockets  
Summary: Order approving stipulation for lump sum payment for bathroom and/or handicap modifications of dwelling.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8CHRISTIANA BUFFINGTON AND JOSHUA

12BUFFINGTON, individually and as

16parents and next friends of

21MIKAYLA BUFFINGTON, a minor,

25Petitioners,

26vs. Case No. 11 - 5077N

32FLORIDA BIRTH - RELATED

36NEUROLOGICAL INJURY COMPENSATIO N

40ASSOCIATION,

41Respondent .

43_______________________________/

44FINAL ORDER APPROVING STIPULATIO N

49This cause came on for consideration upon the Stipulation

58Pertaining to Lump Sum Payment for Bathroom and/or Handicap

67Modificat ions of Dwelling (Stipulation) filed with the Division

76of Administrative Hearings on January 23, 2019, by Petitioners,

85Christiana Buffington and Joshua Buffington, and Respondent,

92Florida Birth - Related Neurological Injury Compensation

99Association.

100Petition ers and Respondent have come to an agreement

109regarding a claim filed by Petitioners for bathroom and/or

118handicap modifications. They have agreed as follows:

125Respondent agrees to pay Petitioner(s)

130$30,000.00 as a one - time only, lump sum

140payment for any and all bathroom and/or

147handicap modifications forever required for

152any residence.

154Petitioner(s) agree(s) and accept(s) this

159one - time payment as a full and final payment

169towards bathroom and/or handicap

173modifications to his/her/their current house

178located at 9 Rippling Place, Palm Coast,

185Florida 32164, and agrees that said payment

192precludes PetitionersÓ entitlement to any

197future payment from NICA for bathroom and/or

204handicap modifications for this house or any

211other house purchased, built or rented or

218lived in by Petitioner(s) in the future.

225Should Petitioner(s) elect to move or have

232any other modifications performed to

237his/her/their current home, or any other home

244purchased, built, rented or lived in by

251Petitioner(s), any future modifications will

256be solely at PetitionersÓ expense.

261After due consideration of the interests of the parties, and

271being otherwise fully advised in the premises, it is

280ORDERED:

2811. Petitioners and RespondentÓs Stipulation is approved.

2882. The parties shall abide by the terms of th e Stipulation.

300DONE AND ORDERED this 25th day of January , 2019 , in

310Tallahassee, Leon County, Florida.

314S

315TODD P. RESAVAGE

318Administrative Law Judge

321Division of Administrative Hearings

325The DeSoto Building

3281230 Apalachee Park way

332Tallahassee, Florida 32399 - 3060

337(850) 488 - 9675

341Fax Filing (850) 921 - 6847

347www.doah.state.fl.us

348Filed with the Clerk of the

354Division of Administrative Hearings

358this 25th day of January , 2019 .

365COPIES FURNISHED:

367(via certified mail)

370Kenney Shipley, Ex ecutive Director

375Florida Birth Related Neurological

379Injury Compensation Association

382Suite 1

3842360 Christopher Place

387Tallahassee, Florida 32308

390(eServed)

391(Certified Mail No. 7012 1640 0000 7869 7815)

399Joshua Buffington

401Christiana Buffington

4039 Rippling Pla ce

407Palm Coast, Florida 32164

411(Certified Mail No. 7012 1640 0000 7869 7822)

419Amie Rice, Investigation Manager

423Consumer Services Unit

426Department of Health

4294052 Bald Cypress Way, Bin C - 75

437Tallahassee, Florida 32399 - 3275

442(Certified Mail No. 7012 1640 0000 7 869 7839)

451Mary C. Mayhew , Secretary

455Agency for Health Care Administration

4602727 Mahan Drive, Mail Stop 1

466Tallahassee, Florida 32308

469(eServed)

470(Certified Mail No. 7012 1640 0000 7869 7846)

478NOTICE OF RIGHT TO JUDICIAL REVIEW

484Review of a final o rder of an administrative law judge shall be

497by appeal to the District Court of Appeal pursuant to section

508766.311(1), Florida Statutes. Review proceedings are governed by

516the Florida Rules of Appellate Procedure. Such proceedings are

525commenced by filing the original notice of administrative appeal

534with the a gency c lerk of the Division of Administrative Hearings

546within 30 days of rendition of the order to be reviewed, and a

559copy, accompanied by filing fees prescribed by law, with the

569clerk of the appropri ate District Court of Appeal. See

579§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

589Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

6011992).

Dockets
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Date
Proceedings
PDF:
Date: 02/01/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/31/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/30/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/29/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/25/2019
Proceedings: DOAH Final Order
PDF:
Date: 01/25/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 01/25/2019
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 01/23/2019
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: 05/17/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/16/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/15/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/14/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/10/2012
Proceedings: DOAH Final Order
PDF:
Date: 05/10/2012
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/10/2012
Proceedings: Order Approving Stipulation for Resolutin of Reasonable Expenses Incurred by Petitioners in Connection with Filing of Claim. CASE CLOSED.
PDF:
Date: 05/08/2012
Proceedings: Notice of Filing filed.
PDF:
Date: 04/25/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/19/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/18/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/17/2012
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/13/2012
Proceedings: DOAH Final Order
PDF:
Date: 04/13/2012
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 04/13/2012
Proceedings: Final Order Aproving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 04/03/2012
Proceedings: Notice of Filing filed.
PDF:
Date: 02/21/2012
Proceedings: Notice of Case Reassignment.
Date: 01/25/2012
Proceedings: Letter to A. McMillen from K. Shipley enclosing medical evaluations and Medical Records filed (not available for viewing).
PDF:
Date: 11/16/2011
Proceedings: Order Granting Extension of Time.
PDF:
Date: 11/14/2011
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 11/14/2011
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 10/28/2011
Proceedings: First Amended Petition for Leave to Intervene (filed by Pamela Carbiener, M.D.) filed.
PDF:
Date: 10/26/2011
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 10/14/2011
Proceedings: Petition to Intervene (filed by Pamela Carbiener, M.D.) filed.
PDF:
Date: 10/13/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/11/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/11/2011
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 10/06/2011
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/04/2011
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/04/2011
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 10/04/2011
Proceedings: Initial Order.
Date: 09/30/2011
Proceedings: NICA filing Fee ($15.00; Check No. 3713) filed (not available for viewing).
PDF:
Date: 09/30/2011
Proceedings: Petition for Determination of NICA Coverage filed.

Case Information

Judge:
SUSAN BELYEU KIRKLAND
Date Filed:
09/30/2011
Date Assignment:
01/24/2019
Last Docket Entry:
02/01/2019
Location:
Daytona Beach, Florida
District:
Northern
Suffix:
N
 

Counsels

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Related Florida Statute(s) (5):