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14-001000N Steven And Theresa Hereford, On Behalf Of And As Parents And Natural Guardians Of Samuel Joseph Hereford, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Monday, February 6, 2017.

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

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8STEVEN AND THERESA HEREFORD, on

13behalf of and as parents and

19natural guardians of SAMUEL

23JOSEPH HEREFORD, a minor,

27Petitioners,

28vs. Case No. 14 - 1000N

34FLORIDA BIRTH - RELATED

38NEUROLOGICAL INJURY COMPENSATION

41ASSOC IATION,

43Respondent,

44and

45MEMORIAL HEALTHCARE GROUP, INC.,

49d/b/a MEMORIAL HOSPITAL

52JACKSONVILLE,

53Intervenor.

54_______________________________/

55FINAL ORDER APPROVING STIPULATION

59This cause came on for consideration u pon the Stipulation

69Pertaining to Lump Sum Payment for Bathroom and/or Handicap

78Modifications of Dwelling (Stipulation) filed with the Division

86of Administrative Hearings on J anuary 31, 2017 , by Petitioners,

96Steven and Theresa Hereford , and Respondent, Flo rida Birth -

106Related Neurological Injury Compensation Association.

111Petitioners and Respondent have come to an agreement

119regarding a claim filed by Petitioners for bathroom and/or

128handicap modifications. They have agreed as follows:

135NICA agrees to pay Petiti oners $30,000 .00 as

145a one - time only, lump sum payment for any and

156all bathroom and/or handicap modifications

161forever required for any residence.

166Petitioners agree and accepts this one - time

174payment as a full and final payment toward s

183bathroom and/or handic ap modifications to

189his/her/their current house located at 1804

195Starrtt Road, Jacksonville, Florida 32226 ,

200and agree that said payment precludes

206PetitionersÓ entitlement to any future

211payment from NICA for bathroom and/or

217handicap modifications for this h ouse or any

225other house purchased, built or rented or

232lived in by Petitioners in the future.

239Should Petitioners elect to move or have any

247other modifications performed to

251his/her/their current home, or any other home

258purchased, built, rented or lived in b y

266Petitioners, any future modifications will be

272solely at PetitionersÓ expense.

276After due consideration of the interests of the parties, and

286being otherwise fully advised in the premises, it is

295ORDERED:

2961. PetitionersÓ and RespondentÓs Stipulation is a pproved.

3042. The parties shall abide by the terms of the Stipulation.

315DONE AND ORDERED this 6th day of February , 2017 , in

325Tallahassee, Leon County, Florida.

329S

330BARBARA J. STAROS

333Administrative Law Judge

336Division of Admini strative Hearings

341The DeSoto Building

3441230 Apalachee Parkway

347Tallahassee, Florida 32399 - 3060

352(850) 488 - 9675

356Fax Filing (850) 921 - 6847

362www.doah.state.fl.us

363Filed with the Clerk of the

369Division of Administrative Hearings

373this 6th day of February , 2017 .

380C OPIES FURNISHED:

383(via certified mail)

386Kenney Shipley, Executive Director

390Florida Birth Related Neurological

394Injury Compensation Association

3972360 Christopher Place, Suite 1

402Tallahassee, Florida 32308

405(eServed)

406(Certified Mail No. 7015 0640 0001 2699 438 5)

415Steven Hereford

417Theresa Hereford

4191804 Starratt Road

422Jacksonville, Florida 32226

425(Certified Mail No. 7015 0640 0001 2699 4392)

433Amie Rice, Investigation Manager

437Consumer Services Unit

440Department of Health

4434052 Bald Cypress Way, Bin C - 75

451Tallahassee, F lorida 32399 - 3275

457(Certified Mail No. 7015 0640 0001 2699 4408)

465Justin Senior , Secretary

468Health Quality Assurance

471Agency for Health Care Administration

4762727 Mahan Drive, Mail Stop 1

482Tallahassee, Florida 32308

485(eServed)

486(Certified Mail No. 7015 0640 000 1 2699 4415)

495NOTICE OF RIGHT TO JUDICIAL REVIEW

501Review of a final order of an administrative law judge shall be

513by appeal to the District Court of Appeal pursuant to section

524766.311(1), Florida Statutes. Review proceedings are governed by

532the Florida Rules of Appellate Procedure. Such proceedings are

541commenced by filing the original notice of administrative appeal

550with the a gency c lerk of the Division of Administrative Hearings

562within 30 days of rendition of the order to be reviewed, and a

575copy, accom panied by filing fees prescribed by law, with the

586clerk of the appropriate District Court of Appeal. See

595§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurological

605Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

6171992).

Dockets
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Date
Proceedings
PDF:
Date: 10/07/2020
Proceedings: Transmittal letter from Loretta Sloan forwarding records to the agency.
PDF:
Date: 02/16/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/10/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/09/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/07/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/06/2017
Proceedings: DOAH Final Order
PDF:
Date: 02/06/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/06/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/06/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 02/06/2017
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 02/01/2017
Proceedings: DOAH Final Order
PDF:
Date: 02/01/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 02/01/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 02/01/2017
Proceedings: Final Order Approving Stipulation for Entry of Award. DOAH JURISDICTION RETAINED.
PDF:
Date: 01/31/2017
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 01/30/2017
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: 01/12/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/12/2017
Proceedings: Third Joint Motion for Extension of Time filed.
PDF:
Date: 01/06/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 01/04/2017
Proceedings: Second Joint Motion for Extension of Time filed.
PDF:
Date: 12/07/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/05/2016
Proceedings: Order Granting Extension of Time.
PDF:
Date: 12/05/2016
Proceedings: Joint Motion for Extension of Time filed.
PDF:
Date: 11/10/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/10/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/09/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 11/08/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/04/2016
Proceedings: DOAH Final Order
PDF:
Date: 11/04/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 11/04/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 11/04/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/05/2016
Proceedings: Notice of Filing Proposed Final Order filed.
PDF:
Date: 10/05/2016
Proceedings: Petitioners' Proposed Final Order filed.
PDF:
Date: 09/21/2016
Proceedings: Notice of Filing filed.
PDF:
Date: 09/15/2016
Proceedings: Order on Petitioners' Motion to Establish Deadline for the Parties' Proposed Final Orders.
PDF:
Date: 09/15/2016
Proceedings: Petitioners' Motion to Establish a Deadline for the Parties' Proposed Final Orders filed.
PDF:
Date: 09/09/2016
Proceedings: Notice of Filing Stipulated Record filed.
PDF:
Date: 08/12/2016
Proceedings: Notice of Reserving Court Reporter filed.
PDF:
Date: 08/12/2016
Proceedings: Response in Opposition to Petitioners' Objection and Motion to Strike filed.
PDF:
Date: 08/11/2016
Proceedings: Objection to and Motion to Strike Florida Birth-Related Neurological Injury Compensation Association's Notice of Filing Dated August 10, 2016 filed.
PDF:
Date: 08/10/2016
Proceedings: Notice of Filing filed.
PDF:
Date: 08/05/2016
Proceedings: Pre-hearing Stipulation filed.
PDF:
Date: 08/02/2016
Proceedings: Amended Notice of Hearing (hearing set for August 18, 2016; 9:30 a.m.; Jacksonville, FL; amended as to date and location of hearing room).
PDF:
Date: 07/11/2016
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum (of Dawn Duss) filed.
PDF:
Date: 07/06/2016
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum (of James Joyce) filed.
PDF:
Date: 07/06/2016
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum (of Dawn Duss) filed.
PDF:
Date: 06/23/2016
Proceedings: Petitioners' Amended Notice of Taking Deposition Duces Tecum (of Jay P. Goldsmith) filed.
PDF:
Date: 06/20/2016
Proceedings: Petitioners' Notice of Taking Deposition Duces Tecum (of Jay Goldsmith) filed.
PDF:
Date: 06/14/2016
Proceedings: Plaintiff's Notice of Serving Expert Witness Interrogatories to Respondent Florida Birth-Related Neurological Injury Compensation Association filed.
PDF:
Date: 04/01/2016
Proceedings: Notice of Filing Expert Report filed.
PDF:
Date: 03/29/2016
Proceedings: Amended Notice of Taking Deposition Duces Tecum (of Nancy Rodgers-Neame) filed.
PDF:
Date: 03/21/2016
Proceedings: Notice of Taking Depositions (of Theresa Hereford and Steven Hereford) filed.
PDF:
Date: 03/21/2016
Proceedings: Notice of Taking Deposition Duces Tecum (of Nancy Rodgers-Neame) filed.
PDF:
Date: 03/11/2016
Proceedings: Petitioners' Notice of Serving Answers to Respondent's First Set of Interrogatories filed.
PDF:
Date: 02/24/2016
Proceedings: Notice of Taking Deposition Duces Tecum (of Brian Woodruff) filed.
PDF:
Date: 02/05/2016
Proceedings: Order Re-scheduling Hearing (hearing set for August 17 and 18, 2016; 9:30 a.m.; Jacksonville, FL).
PDF:
Date: 02/05/2016
Proceedings: Joint Response to Order filed.
PDF:
Date: 02/03/2016
Proceedings: Order Granting Continuance (parties to advise status by February 12, 2016).
PDF:
Date: 02/02/2016
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 01/22/2016
Proceedings: Order on Respondent`s Motion for Summary Final Order.
PDF:
Date: 01/22/2016
Proceedings: Amended Notice of Hearing (hearing set for March 21 and 22, 2016; 1:00 p.m.; Jacksonville, FL; amended as to hearing room location).
PDF:
Date: 01/20/2016
Proceedings: Notice of Appearance as Co-Counsel and Notice of Email Designations (Daniel J. McBreen and Eric D. Nowak) filed.
PDF:
Date: 01/20/2016
Proceedings: Petitioners Steven and Theresa Hereford's Response in Opposition to the Motion for Summary Judgment Filed by the Florida Birth-related Neurological Injury Compensation Association and, Alternatively, Motion for Extension of Time to Provide Additional Summary Judgment Evidence filed.
PDF:
Date: 01/15/2016
Proceedings: Respondent's Motion for Summary Final Order filed.
PDF:
Date: 11/13/2015
Proceedings: Amended Petitioners Notice of Taking Deposition of Dr. Willis filed.
PDF:
Date: 11/12/2015
Proceedings: Notice of Appearance filed.
PDF:
Date: 11/06/2015
Proceedings: Petitioners Amended Notice of Taking Deposition of Dr. Duchowny filed.
PDF:
Date: 10/27/2015
Proceedings: Petitioners Notice of Taking Deposition of Dr. Willis filed.
PDF:
Date: 10/27/2015
Proceedings: Petitioners Notice of Taking Deposition of Dr. Duchowny filed.
PDF:
Date: 09/21/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/21/2015
Proceedings: Notice of Hearing (hearing set for March 21 and 22, 2016; 1:00 p.m.; Jacksonville, FL).
PDF:
Date: 09/18/2015
Proceedings: Joint Response to Order Regarding Status and Neeed for Hearing filed.
PDF:
Date: 09/14/2015
Proceedings: Order.
PDF:
Date: 09/11/2015
Proceedings: Joint Stipulation and Motion for Substitution of Counsel for Petitioners filed.
PDF:
Date: 09/08/2015
Proceedings: Order Granting Continuance (parties to advise status by September 18, 2015).
PDF:
Date: 09/04/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 09/01/2015
Proceedings: Notice of Appearance (Daniel McBreen) filed.
PDF:
Date: 07/07/2015
Proceedings: Notice of Cancellation of Depositions (of Steven Hereford and Theresa Hereford) filed.
PDF:
Date: 07/02/2015
Proceedings: Notice of Taking Depositions (of Theresa Hereford and Steven Hereford) filed.
PDF:
Date: 04/29/2015
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 04/29/2015
Proceedings: Order Re-scheduling Hearing by Video Teleconference (hearing set for September 17, 2015; 9:30 a.m.; Jacksonville, FL).
PDF:
Date: 04/28/2015
Proceedings: Joint Response to Order filed.
PDF:
Date: 04/21/2015
Proceedings: Order Granting Continuance (parties to advise status by April 30, 2015).
PDF:
Date: 04/17/2015
Proceedings: Joint Motion for Continuance filed.
PDF:
Date: 01/26/2015
Proceedings: Respondent's First Set of Interrogatories to Petitioners filed.
PDF:
Date: 01/26/2015
Proceedings: Respondent's Notice of Service of Interrogatories to Petitioners filed.
PDF:
Date: 01/15/2015
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for April 28, 2015; 9:30 a.m.; Jacksonville and Tallahassee, FL; amended as to venue and video teleconference).
PDF:
Date: 09/30/2014
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 09/30/2014
Proceedings: Notice of Hearing (hearing set for April 28, 2015; 9:30 a.m.; Jacksonville, FL).
PDF:
Date: 09/25/2014
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 09/22/2014
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 09/22/2014
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 09/22/2014
Proceedings: Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville's Response to the Court's Orders of July 9, 2014 and July 31, 2014 filed.
PDF:
Date: 09/18/2014
Proceedings: Notice of Case Reassignment.
PDF:
Date: 08/22/2014
Proceedings: Notice of Filing Answers to Interrogatories to Petitioners from Memorial Healthcare Group, Inc. d/b/a Memorial Hospital Jacksonville filed.
PDF:
Date: 07/31/2014
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/24/2014
Proceedings: Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville's Request to Produce to Petitioners filed.
PDF:
Date: 07/24/2014
Proceedings: Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville's Notice of Serving Interrogatories to Petitioners filed.
PDF:
Date: 07/23/2014
Proceedings: Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville's: Preliminary Response to the Court's Order of July 9, 2014 and Unopposed Motion for Additional Time to Respond Further filed.
PDF:
Date: 07/22/2014
Proceedings: Notice of Appearance (Michael Tupper) filed.
PDF:
Date: 07/22/2014
Proceedings: Letter to Judge Kirkland from Steven and Theresa Hereford requesting a 90 day extension filed.
PDF:
Date: 07/21/2014
Proceedings: Notice of Appearance (M. Bajalia) filed.
PDF:
Date: 07/11/2014
Proceedings: Order (granting Intervenor's application to permit discovery).
PDF:
Date: 07/11/2014
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 07/09/2014
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
Date: 07/08/2014
Proceedings: Medical Records (not available for viewing) filed.
PDF:
Date: 07/03/2014
Proceedings: (Respondent's) Notice of Filing (medical reports) filed.
PDF:
Date: 07/03/2014
Proceedings: (Respondent's) Response to Petition for Benefits filed.
PDF:
Date: 07/02/2014
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 06/27/2014
Proceedings: Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville's Application to Permit Discovery filed.
PDF:
Date: 06/27/2014
Proceedings: Memorial Healthcare Group, Inc., d/b/a Memorial Hospital Jacksonville's Petition for Leave to Intervene filed.
PDF:
Date: 04/29/2014
Proceedings: Order Granting Extension of Time.
PDF:
Date: 04/22/2014
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 03/27/2014
Proceedings: Order (motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 03/20/2014
Proceedings: Notice of Ex-parte Communication.
Date: 03/14/2014
Proceedings: Medical Records filed (not available for viewing).
PDF:
Date: 03/12/2014
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 03/12/2014
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/10/2014
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/07/2014
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/05/2014
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 03/05/2014
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 03/05/2014
Proceedings: Initial Order.
Date: 03/03/2014
Proceedings: NICA filing fee $15.00: Check No. 1158 filed (not available for viewing).
PDF:
Date: 03/03/2014
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
BARBARA J. STAROS
Date Filed:
03/03/2014
Date Assignment:
09/18/2014
Last Docket Entry:
10/07/2020
Location:
Jacksonville, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (5):