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15-001220N Barbara Hewiett, On Behalf Of And As Parent And Natural Guardian Of Destiny Hewiett, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Tuesday, December 18, 2018.

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

8BARBARA HEWIETT AND MICHAEL

12JENKINS, on behalf of and as

18parents and natural guardians of

23DESTINY HEWIETT, a minor,

27Petitioner s ,

29vs. Case No. 15 - 1220N

35FLORIDA BIRTH - RELATED

39NEUROLOGICAL INJURY COMPENSATION

42ASSO CIATION,

44Respondent,

45and

46SHANDS LAKE SHORE REGIONAL

50MEDICAL CENTER,

52Intervenor.

53_______________________________/

54FINAL ORDER APPROVING STIPULATIO N

59This cause came on for consideration upon the Stipulation

68Pertaini ng to Lump Sum Payment for Bathroom and/or Handicap

78Modifications of Dwelling (Stipulation) filed with the Division

86of Administrative Hearings on December 6, 2018, by Destiny

95HewiettÓs legal guardians , Larry Ogburn and Angela Ogburn , 1/ and

105Respondent, Flor ida Birth - Related Neurological Injury

113Compensation Association.

115Successor guardians and Respondent have come to an

123agreement regarding a claim filed by successor guardians for

132bathroom and/or handicap modifications. They have agreed as

140follows:

141Respondent agrees to pay successor

146guardian (s) $30,000.00 as a one - time only,

156lump sum payment for any and all bathroom

164and/or handicap modifications forever

168required for any residence.

172Successor guardian (s) agree(s) and accept(s)

178this one - time payment as a full an d final

189payment towards bathroom and/or handicap

194modifications to his/her/their current house

199located at 16862 Pine Forest Drive, White

206Springs, Florida 32096, and agrees that said

213payment precludes successor guardians Ó

218entitlement to any future payment fr om NICA

226for bathroom and/or handicap modifications

231for this house or any other house purchased,

239built or rented or lived in by Petitioner(s)

247in the future. Should successor guardian (s)

254elect to move or have any other

261modifications performed to his/her/the ir

266current home, or any other home purchased,

273built, rented or lived in by successor

280guardian (s), any future modifications will

286be solely at successor guardians Ó expense.

293After due consideration of the interests of the parties,

302and being otherwise fully a dvised in the premises, it is

313ORDERED:

3141. Successor guardians Ó and RespondentÓs Stipulation is

322approved.

3232. The parties shall abide by the terms of the

333Stipulation.

334DONE AND ORDERED this 1 8 th day of December , 2018 , in

346Tallahassee, Leon County, Florid a.

351S

352W. DAVID WATKINS

355Administrative Law Judge

358Division of Administrative Hearings

362The DeSoto Building

3651230 Apalachee Parkway

368Tallahassee, Florida 32399 - 3060

373(850) 488 - 9675

377Fax Filing (850) 921 - 6847

383www.doah.state.fl.us

384Filed with the Clerk of the

390Division of Administrative Hearings

394this 1 8 th day of December , 2018 .

403ENDNOTE

4041/ It is unclear in this record as to when the original

416Petitioners, Barbara Hewiett and Michael Jenkins , ceased to be

425the legal guardians of Dest iny Hewiett , and were succeeded by

436Larry and Angela Ogburn as legal guardians. Presumably the

445legal documents reflecting this change are on file with

454Respondent.

455COPIES FURNISHED:

457(via certified mail)

460Kenney Shipley, Executive Director

464Florida Birth Re lated Neurological

469Injury Compensation Association

472Suite 1

4742360 Christopher Place

477Tallahassee, Florida 32308

480(eServed)

481(Certified Mail No. 7016 0910 0001 7987 7760)

489Richard E. Ramsey, Esquire

493Wicker, Smith, OÓHara,

496McCoy and Ford, P.A.

50050 North La ura Street, Suite 2700

507Jacksonville, Florida 32202

510(eServed)

511(Certified Mail No. 7016 0910 0001 7987 7777)

519Michelle L. Davis, Esquire

523Cronin & Maxwell, PL

5274250 Lakeside Drive, Suite 204

532Jacksonville, Florida 32210

535(eServed)

536(Certified Mail No. 7016 0910 0001 7987 7784)

544Larry Ogburn

54616862 Pine Forest Drive

550White Springs, Florida 32096

554(Certified Mail No. 7016 0910 0001 7987 77 91 )

564Angela Ogburn

56616862 Pine Forest Drive

570White Springs, Florida 32096

574(Certified Mail No. 7016 0910 0001 7987 8347 )

583Amie Ric e, Investigation Manager

588Consumer Services Unit

591Department of Health

5944052 Bald Cypress Way, Bin C - 75

602Tallahassee, Florida 32399 - 3275

607(Certified Mail No. 7016 0910 0001 7987 8354 )

616Justin Senior , Secretary

619Health Quality Assurance

622Agency for Health Care Ad ministration

6282727 Mahan Drive, Mail Stop 1

634Tallahassee, Florida 32308

637(eServed)

638(Certified Mail No. 7016 0910 0001 7987 8361 )

647NOTICE OF RIGHT TO JUDICIAL REVIEW

653Review of a final order of an administrative law judge shall be

665by appeal to the Dis trict Court of Appeal pursuant to section

677766.311(1), Florida Statutes. Review proceedings are governed

684by the Florida Rules of Appellate Procedure. Such proceedings

693are commenced by filing the original notice of administrative

702appeal with the a gency c le rk of the Division of Administrative

715Hearings within 30 days of rendition of the order to be

726reviewed, and a copy, accompanied by filing fees prescribed by

736law, with the clerk of the appropriate District Court of Appeal.

747See § 766.311(1), Fla. Stat., and F la. Birth - Related

758Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

768(Fla. 1st DCA 1992).

Dockets
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PDF
Date
Proceedings
PDF:
Date: 12/28/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/26/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/26/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 12/18/2018
Proceedings: DOAH Final Order
PDF:
Date: 12/18/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/18/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 12/18/2018
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 12/06/2018
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 10/07/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/11/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/10/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/09/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/08/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/08/2015
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 09/03/2015
Proceedings: DOAH Final Order
PDF:
Date: 09/03/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 09/03/2015
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 08/31/2015
Proceedings: Notice of Filing Stipulation and Joint Petition filed.
PDF:
Date: 07/13/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/09/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/07/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 07/07/2015
Proceedings: Letter to parties of record from Judge Staros.
PDF:
Date: 07/02/2015
Proceedings: (Petitioner's) Amended Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.
PDF:
Date: 06/29/2015
Proceedings: Letter to Mickey Davis from Kenney Shipley enclosing medical reports filed.
PDF:
Date: 06/29/2015
Proceedings: Medical Reports (not available for viewing) filed.
PDF:
Date: 04/30/2015
Proceedings: Order Granting Extension of Time.
PDF:
Date: 04/29/2015
Proceedings: (Respondent's) Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 04/28/2015
Proceedings: Order (Motion to accept K. Shipley as qualified representative granted).
PDF:
Date: 04/15/2015
Proceedings: Notice of Appearance (Michelle Davis) filed.
PDF:
Date: 04/14/2015
Proceedings: Motion to Act as a Qualified Representative Before the Division of Administrative Hearings filed.
PDF:
Date: 04/02/2015
Proceedings: Order (granting application to permit depositions).
PDF:
Date: 04/02/2015
Proceedings: Order Granting Petition to Intervene.
PDF:
Date: 03/27/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/26/2015
Proceedings: Shands Lakeshore Regional Medical Center's Petition for Leave to Intervene filed.
PDF:
Date: 03/26/2015
Proceedings: Shands Lakeshore Regional Medical Center's Application to Permit Depositions filed.
PDF:
Date: 03/26/2015
Proceedings: Notice of Appearance (Richard Ramsey) filed.
PDF:
Date: 03/20/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/17/2015
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/12/2015
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 03/12/2015
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 03/12/2015
Proceedings: Initial Order.
Date: 03/09/2015
Proceedings: NICA filing fee (Check No. 3430; $15.00) filed (not available for viewing).
PDF:
Date: 03/09/2015
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
BARBARA J. STAROS
Date Filed:
03/09/2015
Date Assignment:
12/13/2018
Last Docket Entry:
12/28/2018
Location:
Live Oak, Florida
District:
Northern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (6):