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16-003998N Danielle Faivus And Scott Faivus, As Parents And Natural Guardians Of The Person, Ryder Faivus, On Behalf Of Danielle Faivus And Scott Faivus Individually And On Behalf Of Ryder Faivus, A Minor, And Rebecca G. Doane Et Al. vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Friday, August 11, 2017.

View Dockets  
Summary: Final Order awarding NICA benefits.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DANIELLE FAIVUS and SCOTT

12FAIVUS, as parents and natural

17guardians of the person, RYDER

22FAIVUS, on behalf of DANIELLE

27FAIVUS and SCOTT FAIVUS

31individually and on behalf of

36RYDER FAIVUS, a minor, and

41R EBECCA G. DOANE et al.,

47Petitioners,

48vs. Case No. 16 - 3998N

54FLORIDA BIRTH - RELATED

58NEUROLOGICAL INJURY COMPENSATION

61ASSOCIATION,

62Respondent,

63and

64WELLINGTON REGIONAL MEDICAL

67CENTER; MELISSA E. CARLSON,

71M.D.; AND OB/GYN SPECIALISTS OF

76THE PALM BEACHES, P.A.,

80Intervenors.

81_______________________________/

82FINAL ORDER AWARDING NICA BENEFITS

87This cause came on for consideration pursuant to the

96authority set forth in sections 766.304 and 766.31, Florida

105Statutes.

106On July 8, 2016 , Petitioner s, Danielle Faivus and Scott

116Fa ivus, as parents and natural guardians of Ryder Faivus, a

127minor, filed a Petition Under Protest for Determination as to the

138Applicability of Florida Birth - Related Neurological Injury

146Compensation Plan with the Div ision of Administrative Hearings

155(DOAH) for a determination of compensability under the Florida

164Birth - Related Neurolo gical Injury Compensation Plan (Plan).

173On February 6, 2017, a Partial Summary Final Order was

183entered in this proceeding finding that Ryde r Faivus sustained a

194birth - related neurological injury a s defined in section

204766.302(2) and that the parentsÓ claim was found and determined

214to be compensable under the Plan. Jurisdiction was retained to

224determine the issue of whether the notice requiremen ts of section

235766.316 were met, and the issue of an award pursuant to section

247766.31.

248On May 22, 2017, a Final Order on Notice was entered finding

260that Intervenors Wellington Regional Medical Center,

266Dr. Melissa E. Carlson, M.D., and OB/GYN Specialists of the Palm

277Beaches provided notice in compliance with section 766.316.

285Accordingly, as all requirements of chapter 766 have been

294met for an award providing compensation under the Plan as

304contemplated by section 766.31(1), i t is ORDERED:

3121. Petitioners, Dan ielle Faivus and Scott Faivus, as the

322parents and natural guardians of Ryder Faivus, a minor, are

332awarded one hundred thousand dollars ($100,000.00), pursuant to

341section 766.31(1)(b)1., to be paid as a lump sum.

3502. The Florida Birth - Related Neurological Injury

358Compensation Association (NICA) will pay all benefits, past and

367future, as authorized by Section 766.31, Florida Statutes . Payment

377of past benefits up to and including the effective date of this

389Order pursuant to section 766.31(1)(a), will be made p rovided that

400Petitioners provide to NICA a complete list (with copies of

410invoices and names and addresses of providers) of all known past

421expenses under section 766.31(1)(a), within 30 days of the date of

432this Order, or as soon as is practicable if agreed to by NICA.

445Petitioners shall seek prior authorization and approval from NICA

454for all actual future expenses incurred under section

462766.31(1)(a), with the exception of emergency medical or hospital

471care, and shall promptly inform NICA when such emergency m edical

482and hospital care has been obtained .

4893. NICA will reimburse Nancy La Vista, Esquire, attorney for

499Petitioners, of the law firm of Clark Fountain La Vista Prather

510Keen & Littky - Rubin, an agreed - upon attorneyÓs fee of $10,000 and

525expenses of $1,30 1.58, totaling $11,301.58, in full for services

537rendered in the filing of this claim.

5444. The Division of Administrative Hearings retains

551jurisdiction over this matter to resolve any disputes, should they

561arise, regarding the PartiesÓ compliance with the t erms of this

572Order.

573DONE AND ORDERED this 11th day of August , 2017 , in

583Tallahassee, Leon County, Florida.

587S

588BARBARA J. STAROS

591Administrative Law Judge

594Division of Administrative Hearings

598The DeSoto Building

6011230 Apalache e Parkway

605Tallahassee, Florida 32399 - 3060

610(850) 488 - 9675

614Fax Filing (850) 921 - 6847

620www.doah.state.fl.us

621Filed with the Clerk of the

627Division of Administrative Hearings

631this 11th day of August , 2017 .

638COPIES FURNISHED:

640(via certified mail)

643Kenney Shiple y, Executive Director

648Florida Birth Related Neurological

652Injury Compensation Association

6552360 Christopher Place , Suite 1

660Tallahassee, Florida 32308

663(eServed)

664(Certified Mail No. 7015 0640 0003 7650 2316)

672Nancy La Vista, Esquire

676Clark Fountain La Vista Prather Keen & Littky - Rubin

6862nd Floor

6881919 North Flagler Drive

692West Palm Beach, Florida 33407

697(eServed)

698(Certified Mail No. 7015 0640 000 3 7650 2323 )

708Richard T. Woulfe, Esquire

712Billing, Cochran, Lyles, Mauro & Ramsey, P.A.

719SunTrust Center, Sixth Fl oor

724515 East Las Olas Boulevard

729Fort Lauderdale, Florida 33301

733(eServed)

734(Certified Mail No. 7015 0640 000 3 7650 2330 )

744Jeffery L. Blostein, Esquire

748The Law Office of Jay Cohen, P.A.

755Suite 1500

757100 Southeast Third Avenue

761Fort Lauderdale, Florida 33394

765(e Served)

767(Certified Mail No. 7015 0640 000 3 7650 2347 )

777David W. Black, Esquire

781Frank, Weinberg & Black, P.L.

7867805 Southwest 6th Court

790Plantation, Florida 33324

793(eServed)

794(Certified Mail No. 7015 0640 000 3 7650 2354 )

804Amie Rice, Investigation Manager

808Cons umer Services Unit

812Department of Health

8154052 Bald Cypress Way, Bin C - 75

823Tallahassee, Florida 32399 - 3275

828(Certified Mail No. 7015 0640 000 3 7650 2361 )

838Justin Senior , Secretary

841Health Quality Assurance

844Agency for Health Care Administration

8492727 Mahan Drive , Mail Stop 1

855Tallahassee, Florida 32308

858(eServed)

859(Certified Mail No. 7015 0640 000 3 7650 2378 )

869NOTICE OF RIGHT TO JUDICIAL REVIEW

875Review of a final order of an administrative law judge shall be

887by appeal to the District Court of Appeal pursu ant to section

899766.311(1), Florida Statutes. Review proceedings are governed by

907the Florida Rules of Appellate Procedure. Such proceedings are

916commenced by filing the original notice of administrative appeal

925with the a gency c lerk of the Division of Admin istrative Hearings

938within 30 days of rendition of the order to be reviewed, and a

951copy, accompanied by filing fees prescribed by law, with the

961clerk of the appropriate District Court of Appeal. See

970§ 766.311(1), Fla. Stat., and Fla. Birth - Related Neurolog ical

981Injury Comp. Ass'n v. Carreras , 598 So. 2d 299 (Fla. 1st DCA

9931992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 10/06/2020
Proceedings: Transmittal letter from Loretta Sloan forwarding records to the agency.
PDF:
Date: 10/06/2020
Proceedings: Transmittal letter from Loretta Sloan forwarding records to the agency.
PDF:
Date: 10/06/2020
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
PDF:
Date: 09/25/2020
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
PDF:
Date: 08/22/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/18/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/17/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/11/2017
Proceedings: DOAH Final Order
PDF:
Date: 08/11/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/11/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/11/2017
Proceedings: Final Order Awarding NICA Benefits. CASE CLOSED.
PDF:
Date: 08/08/2017
Proceedings: (Proposed) Stipulation and Joint Petition for Compensation of Claim arising out of Florida Birth-related Neurological Injury Pursuant to Chatper 766, Florida Statutes filed.
PDF:
Date: 08/07/2017
Proceedings: Petitioner's Agreement with the Language in NICA's Reply to it's Motion Seeking to Approve Modified Language in the Stipulation and Request for Final Order Outlining NICA's Articulation of the Available Benefits filed.
PDF:
Date: 08/07/2017
Proceedings: Order on Petitioners' Motion Seeking to Approve Modified Language in Proposed Stipulation.
PDF:
Date: 08/04/2017
Proceedings: Response to Petitioners' Motion Seeking to Approve Modified Language in One Paragraph of NICA's Proposed 8-Page Stipulation filed.
PDF:
Date: 07/31/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 07/28/2017
Proceedings: Motion for Extension of Time to Respond to Petitioners' Motion Seeking to Approve Modified Language filed.
PDF:
Date: 07/25/2017
Proceedings: Intevenor's, Wellington Regional Medical Center, Response and Memorandum of Law in Opposition to Petitioners' Motion Seeking to Approve Modified Language in One Paragraph of NICAs Proposed 8-page Stipulation filed.
PDF:
Date: 07/21/2017
Proceedings: Petitioners' Motion Seeking to Approve Modified Language in One Paragraph of NICA's Proposed 8-page Stipulation filed.
PDF:
Date: 06/29/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 06/28/2017
Proceedings: Motion for Extension of Time to Submit the Amount and Manner of Payment of an Award to Petitioners, Expenses and Reasonable Attorneys' Fees and Costs and Amount Owing for Expenses Previously Incurred filed.
PDF:
Date: 06/12/2017
Proceedings: Order on Petitioners' Motion for Rehearing and/or Reconsideration.
PDF:
Date: 06/09/2017
Proceedings: Intervenor's, Wellington Regional Medical Center, Response in Opposition to Petitioners' Motion Seeking Rehearing and/or Reconsideration of the Courts Final Order on NICA Notice filed.
PDF:
Date: 06/05/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/02/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/01/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/01/2017
Proceedings: Plaintiffs' Motion Seeking Rehearing and/or Reconsideration of the Court's Final Order on Notice filed.
PDF:
Date: 05/30/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/26/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/25/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/24/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/22/2017
Proceedings: DOAH Final Order
PDF:
Date: 05/22/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/22/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/22/2017
Proceedings: Final Order on Notice (hearing held April 5, 2017). DOAH JURISDICTION RETAINED.
PDF:
Date: 05/08/2017
Proceedings: Intervenor, Wellington Regional Medical Center's Proposed Final Order on Notice (Proposed Recommended Order) filed.
PDF:
Date: 05/08/2017
Proceedings: Proposed Final Order on Intervenor Hospital's NICA Notice (Recommended Order) filed.
PDF:
Date: 04/27/2017
Proceedings: Order on Intervenor's Motion for Extension of Time.
PDF:
Date: 04/27/2017
Proceedings: Petitioners' Response to Intervenor, Wellington Regional Medical Center's Motion for Extension of Time to File the Proposed Final Order filed.
PDF:
Date: 04/26/2017
Proceedings: Intervenor's, Wellington Regional Medical Center, Motion for Extension of Time to File the Proposed Final Order filed.
PDF:
Date: 04/04/2017
Proceedings: Intervenor's Proposed Exhibit 12 (exhibits not available for viewing) filed.
PDF:
Date: 04/04/2017
Proceedings: Amendment to Joint Pre-hearing Stipulation filed.
PDF:
Date: 03/29/2017
Proceedings: Motion to Supplement Petitioner's Exhibit List filed.
PDF:
Date: 03/29/2017
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 03/27/2017
Proceedings: Notice of Filing Intervenor's, Wellington Regional Medical Center, Exhibit List filed.
PDF:
Date: 03/23/2017
Proceedings: Notice of Filing Petitioner's Exhibit List filed.
PDF:
Date: 03/09/2017
Proceedings: Re-notice of Taking Video-tape Deposition (Arlene Morea) filed.
PDF:
Date: 03/06/2017
Proceedings: Intervenor, Wellington Regional Medical Center's Notice of Service of Unverified Answers to Petitioners' Interrogatories filed.
PDF:
Date: 02/23/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/23/2017
Proceedings: (Intervenor Wellington Regional) Re-notice of Taking Depositions filed.
PDF:
Date: 02/16/2017
Proceedings: Intervenor Wellington Regional Medical Center's Re-notice of Taking Depositions (of Petitioners) filed.
PDF:
Date: 02/13/2017
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: 02/08/2017
Proceedings: Stipulation of Notice Between Petitioners' and Intervenors', Melissa E. Carlson, M.D. and OB/GYN Specialists of the Palm Beaches, P.A filed.
PDF:
Date: 02/06/2017
Proceedings: Partial DOAH FO
PDF:
Date: 02/06/2017
Proceedings: Certified Mail Receipts stamped this date by 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: Partial Summary Final Order. DOAH JURISDICTION RETAINED.
PDF:
Date: 02/03/2017
Proceedings: Notice of Propounding Interrogatories to Defendant, Wellington Regional Medical Center filed.
PDF:
Date: 02/03/2017
Proceedings: Notice of Cancellation (Deposition of John Burigo, MD) filed.
PDF:
Date: 02/02/2017
Proceedings: Intervenor, Wellington Regional Medical Center's Response to Petitioner's Request for Admissions filed.
PDF:
Date: 02/02/2017
Proceedings: Intervenor, Wellington Regional Medical Center's Response to Request to Produce filed.
PDF:
Date: 02/02/2017
Proceedings: Notice of Taking Video-tape Deposition (Arlene Morea) filed.
PDF:
Date: 02/01/2017
Proceedings: Intervenor, Wellington Regional Medical Center's Notice of Cancellation of Depositions (Danielle & Scott Faivus) filed.
PDF:
Date: 02/01/2017
Proceedings: Notice of Taking Videotape Deposition (Jaime Gabbard, RN) filed.
PDF:
Date: 01/31/2017
Proceedings: Petitioner's Response to NICA's Motion for Summary Final Order filed.
PDF:
Date: 01/30/2017
Proceedings: Amended Notice of Taking Deposition (John Burigo, M.D) filed.
PDF:
Date: 01/26/2017
Proceedings: Notice of Taking Deposition - (John Burigo, M.D) filed.
PDF:
Date: 01/26/2017
Proceedings: Notice of Taking Deposition - John Burigo, M.D filed. FILED IN ERROR.
PDF:
Date: 01/24/2017
Proceedings: Motion for Summary Final Order filed.
PDF:
Date: 01/23/2017
Proceedings: Intervenor, Wellington Regional Medical Center's, Notice of Taking Petitioner Depositions filed.
PDF:
Date: 01/19/2017
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 01/19/2017
Proceedings: Notice of Hearing by Video Teleconference (hearing set for April 5, 2017; 9:30 a.m.; West Palm Beach and Tallahassee, FL).
PDF:
Date: 01/17/2017
Proceedings: Response to Order of December 30, 2016 filed.
PDF:
Date: 01/03/2017
Proceedings: Petitioners' Request to Produce to Intervenors, Melissa E. Carlson, M.D. and OB/GYN Specialists of the Palm Beaches, P.A. filed.
PDF:
Date: 01/03/2017
Proceedings: Petitioners' Request to Produce to Intervenor, Wellington Regional Medical Center filed.
PDF:
Date: 01/03/2017
Proceedings: Petitioners' Request for Admissions to Intervenors, Melissa E. Carlson, M.D. and OB/GYN Specialists of the Palm Beaches, P.A. filed.
PDF:
Date: 01/03/2017
Proceedings: Petitioners' Request for Admissions to Intervenor (Wellington Regional Medical Center) filed.
PDF:
Date: 12/30/2016
Proceedings: Order (regarding availability, estimated hearing time, and venue for compensability hearing).
PDF:
Date: 12/29/2016
Proceedings: Notice of Comensability and Request for Evidentiary Hearing on Compensability filed.
PDF:
Date: 12/01/2016
Proceedings: Order Granting Extension of Time.
PDF:
Date: 11/30/2016
Proceedings: Second Motion for Extension of Time filed.
PDF:
Date: 11/14/2016
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/16/2016
Proceedings: Notice of Appearance (David Black) filed.
PDF:
Date: 09/06/2016
Proceedings: Motion For Extension of Time filed.
PDF:
Date: 08/16/2016
Proceedings: Order Granting Motions to Intervene.
PDF:
Date: 08/10/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/08/2016
Proceedings: Wellington Regional Medical Center's Petition to Intervene filed.
PDF:
Date: 08/08/2016
Proceedings: Dr. Melissa E. Carlson, M.D. and OB/GYN Specialists of the Palm Beaches, P.A.'s Motion for Leave to Intervene filed.
PDF:
Date: 07/28/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/25/2016
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/19/2016
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 07/19/2016
Proceedings: Initial Order.
PDF:
Date: 07/19/2016
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
Date: 07/11/2016
Proceedings: Letter to DOAH from Nancy La Vista enclosing NICA filing fee $15.00: Check No. 34152 filed (not available for viewing).
PDF:
Date: 07/08/2016
Proceedings: Petitioners' Petition filed under Protest for Determination as to the Applicability of Florida Birth-Related Neurological Injury Compensation Plan filed.

Case Information

Judge:
BARBARA J. STAROS
Date Filed:
07/11/2016
Date Assignment:
07/19/2016
Last Docket Entry:
10/06/2020
Location:
West Palm Beach, Florida
District:
Southern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (11):