14-006136N
Jesus Camacho, Jr. And Susan E. Camacho, On Behalf Of And As Guardians Of Jesus Christopher Michael Camacho, A Minor vs.
Florida Birth-Related Neurological Injury Compensation Association
Status: Closed
DOAH Final Order on Friday, June 23, 2017.
DOAH Final Order on Friday, June 23, 2017.
1STATE OF FLORIDA
4DIVISION OF ADMINISTRATIVE HEARINGS
8JESUS CAMACHO, JR. and SUSAN E.
14CAMACHO, on behalf of and as
20guardians of JESUS CHRISTOPHER
24MICHAEL CAMACHO, a minor,
28Petitioners,
29vs. Case No. 14 - 6136N
35FLORIDA BIRTH - RELATED
39NEUROLOGICAL INJURY COMPENSATION
42AS SOCIATION,
44Respondent.
45_______________________________/
46FINAL ORDER APPROVIN G STIPULATION
51This cause came on for consideration upon the Stipulation
60Pertaining to Lump Sum Payment for Bathroom and/or Handicap
69Modificatio ns of Dwelling (Stipulation) filed with the Division
78of Administrative Hearings on June 22, 2017, by Petitioners,
87Jesus Camacho, Jr. and Susan E. Camacho, and Respondent, Florida
97Birth - Related Neurological Injury Compensation Association.
104Petitioners and R espondent have come to an agreement
113regarding a claim filed by Petitioners for bathroom and/or
122handicap modifications. They have agreed as follows:
129Respondent agrees to pay Petitioner(s)
134$30,000.00 as a one - time only, lump sum
144payment for any and all ba throom and/or
152handicap modifications forever required
156for any residence.
159Petitioner(s) agree(s) and accept(s) this
164one - time payment as a full and final payment
174t owards bathroom and/or handicap
179modifications to his/her/their current house
184located at 572 3 County Road 248 , OÓBrian , FL
19332071 , and agrees that said payment
199precludes PetitionersÓ entitlement to any
204future payment from NICA for bathroom and/or
211handicap modifications for this house or any
218other house purchased, built or rented or
225lived in by Pet itioner(s) in the future.
233Should Petitioner(s) elect to move or have
240any other modifications performed to
245his/her/their current home, or any other
251home purchased, built, rented or lived in by
259Petitioner(s), any future modifications will
264be solely at Petit ionersÓ expense.
270After due consideration of the interests of the parties,
279and being otherwise fully advised in the premises, it is
289ORDERED:
2901. PetitionersÓ and RespondentÓs Stipulation is approved.
2972. The parties shall abide by the terms of the
307Stipula tion.
309DONE AND ORDERED this 23rd day of June , 2017 , in
319Tallahassee, Leon County, Florida.
323S
324BARBARA J. STAROS
327Administrative Law Judge
330Division of Administrative Hearings
334The DeSoto Building
3371230 Apalachee Parkway
340Tallahassee, Florida 32399 - 3060
345(850) 488 - 9675
349Fax Filing (850) 921 - 6847
355www.doah.state.fl.us
356Filed with the Clerk of the
362Division of Administrative Hearings
366this 23rd day of June , 2017
372COPIES FURNISHED :
375Kenney Shipley, Executive Director
379Florida Birt h Related Neurological
384Injury Compensation Association
3872360 Christopher Place, Suite 1
392Tallahassee, Florida 32308
395(eServed)
396Certified Mail No. 7015 0640 0003 7650 2217
404Jesus Camacho, Jr.
407Susan E. Camacho
4105723 County Road 248
414OÓBrian, Florida 32071
417Cer tified Mail No. 7015 0640 0003 7650 2200
426Amie Rice, Investigation Manager
430Consumer Services Unit
433Department of Health
4364052 Bald Cypress Way, Bin C - 75
444Tallahassee, Florida 32399 - 3275
449Certified Mail No. 7015 0640 0003 7650 2194
457Justin Senior, Secretary
460Health Quality Assurance
463Agency for Health Care Administration
4682727 Mahan Drive, Mail Stop 1
474Tallahassee, Florida 32308
477(eServed)
478Certified Mail No. 7015 0640 0003 7650 2187
486NOTICE OF RIGHT TO JUDICIAL REVIEW
492Review of a final order of an administrati ve law judge shall be
505by appeal to the District Court of Appeal pursuant to section
516766.311(1), Florida Statutes. Review proceedings are governed
523by the Florida Rules of Appellate Procedure. Such proceedings
532are commenced by filing the original notice of administrative
541appeal with the agency clerk of the Division of Administrative
551Hearings within 30 days of rendition of the order to be
562reviewed, and a copy, accompanied by filing fees prescribed by
572law, with the clerk of the appropriate District Court of A ppeal.
584See § 766.311(1), Fla. Stat., and Fla. Birth - Related
594Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299
604(Fla. 1st DCA 1992).
- Date
- Proceedings
- PDF:
- Date: 07/07/2017
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/30/2017
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/27/2017
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 06/23/2017
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 06/22/2017
- Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
- PDF:
- Date: 10/13/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 10/09/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 10/09/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 10/05/2015
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 10/05/2015
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 10/01/2015
- Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising Out of Florida Birth-related Neurological Injury Pursuant to Chapter 766, Florida Statues filed.
- PDF:
- Date: 07/02/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/09/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/09/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/09/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/08/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 06/04/2015
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 06/01/2015
- Proceedings: Petitioners' Response to Respondent's Motion for Summary Final Order filed.
- PDF:
- Date: 05/21/2015
- Proceedings: Notice of Telephonic Status Conference (status conference set for May 27, 2015; 2:00 p.m.).
- PDF:
- Date: 05/15/2015
- Proceedings: Letter to Judge Staros from Stephen Smith regarding Petitioner's Response to the Order filed.
- PDF:
- Date: 05/15/2015
- Proceedings: Emad Atta, MD, and Emory Medical Corporation d/b/a/ Women's Center of Florida's Request for Hearing filed.
- PDF:
- Date: 04/29/2015
- Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
- PDF:
- Date: 03/24/2015
- Proceedings: Petitioners' Response to Emad Atta, M.D. and Emory Medical Corporation d/b/a Women's Center of Florida Application to Lift Discovery Abeyance filed.
- PDF:
- Date: 03/20/2015
- Proceedings: Emad Atta, M.D., and Emory Medical Corporation d/b/a/ Women.s Center of Florida.s Application to Lift Discovery Abeyance filed.
- Date: 02/03/2015
- Proceedings: CASE STATUS: Motion Hearing Held.
- PDF:
- Date: 01/30/2015
- Proceedings: Notice of Telephonic Motion Hearing (motion hearing set for February 3, 2015; 4:00 p.m.).
- PDF:
- Date: 01/27/2015
- Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
- PDF:
- Date: 01/22/2015
- Proceedings: Petitioner's Response and Objection to the Petition to Intervene and Application to Permit Discovery Filed on Behalf of Emad Atta, M.D., and Emory Medical Corporation, d/b/a Women's Center of Florida filed.
- PDF:
- Date: 01/20/2015
- Proceedings: Emad Ismael Atta, M.D.'s Notice of Serving Interrogatories to Petitioners filed.
- PDF:
- Date: 01/20/2015
- Proceedings: Emad Ismael Atta, M.D.'s Request to Produce to Petitioners filed.
- PDF:
- Date: 01/16/2015
- Proceedings: Emad Atta, M.D. and Emory Medical Corporation d/b/a Women's Center of Florida's Application to Permit Discovery filed.
- PDF:
- Date: 01/16/2015
- Proceedings: Emad Atta, M.D. and Emory Medical Corporation d/b/a Women's Center of Florida's Petition to Intervene filed.
- PDF:
- Date: 01/13/2015
- Proceedings: Motion to act as Qualified Representative before the Division of Administrative Hearings filed.
- PDF:
- Date: 01/06/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 01/05/2015
- Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
- PDF:
- Date: 12/31/2014
- Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
- PDF:
- Date: 12/31/2014
- Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
- Date: 12/29/2014
- Proceedings: NICA filing fee $15.00: Check No. 14822 filed (not available for viewing).
Case Information
- Judge:
- BARBARA J. STAROS
- Date Filed:
- 12/29/2014
- Date Assignment:
- 12/31/2014
- Last Docket Entry:
- 07/07/2017
- Location:
- Lake City, Florida
- District:
- Northern
- Agency:
- Florida Birth-Related Neurological Injury Compensation Associati
- Suffix:
- N
Counsels
-
James Brent Allen, Esquire
Saalfield, Shad, Jay, Stokes, and Inclan
Suite 2950
50 North Laura Street
Jacksonville, FL 32202
(904) 355-4401 -
M Mark Bajalia, Esquire
Bajalia Law
11512 Lake Mead Avenue
Suite 301
Jacksonville, FL 32256
(904) 352-1123 -
Clemente J. Inclan, Esquire
Saalfield, Shad, Stokes, Inclan,
Suite 400
245 Riverside Avenue
Jacksonville, FL 32202 -
Kenney Shipley, Executive Director
Florida Birth Related Neurological
2360 Christopher Place, Suite 1
Tallahassee, FL 32308
(850) 488-8191 -
Stephen A. Smith, Esquire
Stephen A. Smith, P.A.
153 Northeast Madison Street
Post Office Box 1792
Lake City, FL 320561792
(386) 752-7191 -
M. Mark Bajalia, Esquire
Address of Record -
Susan E. Camacho
Address of Record -
Jesus Camacho
Address of Record