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.


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

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).

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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: DOAH Final Order
PDF:
Date: 06/23/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 06/23/2017
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
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: Second DOAH FO
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: 10/05/2015
Proceedings: Final Order Approving Stipulation for Entry of Award.
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: 07/23/2015
Proceedings: (Respondent's) Notice in Response to Summary Final Order filed.
PDF:
Date: 07/02/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/02/2015
Proceedings: Undeliverable envelope returned from the Post Office.
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: DOAH Final Order
PDF:
Date: 06/04/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 06/04/2015
Proceedings: Summary Final Order. DOAH JURISDICTION RETAINED.
PDF:
Date: 06/01/2015
Proceedings: Petitioners' Response to Respondent's Motion for Summary Final Order filed.
PDF:
Date: 05/28/2015
Proceedings: (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: 05/15/2015
Proceedings: Respondent's Response to Order filed.
PDF:
Date: 04/29/2015
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
PDF:
Date: 04/23/2015
Proceedings: (Respondent's) Notice of Filing filed.
PDF:
Date: 04/23/2015
Proceedings: (Respondent's Response to Petition for Benefits filed.
PDF:
Date: 04/03/2015
Proceedings: Order on Intervenors` Motion to Lift Discovery Abeyance.
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.
PDF:
Date: 02/04/2015
Proceedings: Order on Application to Permit Discovery.
PDF:
Date: 02/04/2015
Proceedings: Order Granting Petition to Intervene.
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: 01/26/2015
Proceedings: Notice of Appearance (M. Bajalia) filed.
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: Notice of Appearance (James Allen) 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: 01/16/2015
Proceedings: Notice of Appearance (Clemente Inclan) 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.
PDF:
Date: 12/31/2014
Proceedings: Initial Order.
Date: 12/29/2014
Proceedings: NICA filing fee $15.00: Check No. 14822 filed (not available for viewing).
PDF:
Date: 12/29/2014
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

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

Related Florida Statute(s) (9):