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Home » Cases Under Administrative Hearing » 17-003712N

17-003712N Cathy Pierre And Jodens Pierre, On Behalf Of And As Parents And Natural Guardians Of Jadon Pierre, A Minor vs. Florida Birth-Related Neurological Injury Compensation Association, A/K/A Nica
 Status: Closed
DOAH Final Order on Thursday, May 30, 2019.

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

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8CATHY PIERRE AND JODENS PIERRE,

13on behalf of and as parents and

20natural guardians of JADON

24PIERRE, a minor,

27Petitioners,

28vs. Case No. 17 - 3712N

34FLORIDA BIRTH - RELATED

38NEUROLOGICAL INJURY COMPENSATION

41ASSOCIATION, a/k/a NICA,

44Respondent .

46_______________________________/

47FINAL ORDER APPROVING STIPULATIO N

52This cause came on for consideration upon the Stipulation

61Pertaining to Lump Sum Payment for Bathroom and/or Handicap

70Modificatio ns of Dwelling (Stipulation) filed with the Division

79of Administrative Hearings on May 16, 2019, by Petitioners,

88Cathy Pierre and Jodens Pierre, and Respondent, Florida Birth -

98Related Neurological Injury Compensation Association.

103Petitioners and Respondent have come to an agreement

111regarding a claim filed by Petitioners for bathroom and/or

120handicap modifications. They have agreed as follows:

127Respondent agrees to pay Petitioner(s)

132$30,000.00 as a one - time only, lump sum

142payment for any and all bathroom and/o r

150handicap modifications forever required for

155any residence.

157Petitioner(s) agree(s) and accept(s) this

162one - time payment as a full and final payment

172towards bathroom and/or handicap

176modifications to his/her/their current house

181located at 229 S outhwest 2 nd Ave nue , Boynton

191Beach, F lorida 33435, and agrees that said

199payment precludes PetitionersÓ entitlement

203to any future payment from NICA for bathroom

211and/or handicap modifications for this house

217or any other house purchased, built or

224rented or lived in by Pet itioner(s) in the

233future. Should Petitioner(s) elect to move

239or have any other modifications performed to

246his/her/their current home, or any other

252home purchased, built, rented or lived in by

260Petitioner(s), any future modifications will

265be solely at Petit ionersÓ expense.

271After due consideration of the interests of the parties,

280and being otherwise fully advised in the premises, it is

290ORDERED:

2911. Petitioners and RespondentÓs Stipulation is approved.

2982. The parties shall abide by the terms of the

308Stipula tion.

310DONE AND ORDERED this 30 th day of May , 2019 , in

321Tallahassee, Leon County, Florida.

325S

326W. DAVID WATKINS

329Administrative Law Judge

332Division of Administrative Hearings

336The DeSoto Building

3391230 Apalachee Parkway

342Tallahass ee, Florida 32399 - 3060

348(850) 488 - 9675

352Fax Filing (850) 921 - 6847

358www.doah.state.fl.us

359Filed with the Clerk of the

365Division of Administrative Hearings

369this 30 th day of May , 2019 .

377COPIES FURNISHED:

379(via certified mail)

382Kenney Shipley, Executive Director

386Florida Birth Related Neurological

390Injury Compensation Association

393Suite 1

3952360 Christopher Place

398Tallahassee, Florida 32308

401(eServed)

402(Certified Mail No. 7018 0040 0000 9774 0878)

410Cathy Pierre

412Jodens Pierre

414229 Southwest 2nd Avenue

418Boynton Beach, Flor ida 33435

423(Certified Mail No. 7018 0040 0000 9774 0885)

431Amie Rice, Investigation Manager

435Consumer Services Unit

438Department of Health

4414052 Bald Cypress Way, Bin C - 75

449Tallahassee, Florida 32399 - 3275

454(Certified Mail No. 7018 0040 0000 9774 0892)

462Mary C. Mayhew , Secretary

466Agency for Health Care Administration

4712727 Mahan Drive, Mail Stop 1

477Tallahassee, Florida 32308

480(eServed)

481(Certified Mail No. 7018 0040 0000 9774 0908)

489NOTICE OF RIGHT TO JUDICIAL REVIEW

495Review of a final order of an administrative l aw judge shall be

508by appeal to the District Court of Appeal pursuant to section

519766.311(1), Florida Statutes. Review proceedings are governed

526by the Florida Rules of Appellate Procedure. Such proceedings

535are commenced by filing the original notice of adm inistrative

545appeal with the a gency c lerk of the Division of Administrative

557Hearings within 30 days of rendition of the order to be

568reviewed, and a copy, accompanied by filing fees prescribed by

578law, with the clerk of the appropriate District Court of Appea l.

590See § 766.311(1), Fla. Stat., and Fla. Birth - Related

600Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

610(Fla. 1st DCA 1992).

Dockets
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PDF
Date
Proceedings
PDF:
Date: 03/12/2020
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
PDF:
Date: 03/11/2020
Proceedings: Transmittal letter from Claudia Llado forwarding records to the agency.
PDF:
Date: 07/08/2019
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 06/05/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/03/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 05/30/2019
Proceedings: DOAH Final Order
PDF:
Date: 05/30/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 05/30/2019
Proceedings: Final Order Approving Stipulation. CASE CLOSED.
PDF:
Date: 05/16/2019
Proceedings: Stipulation Pertaining to Lump Sum Payment for Bathroom and/or Handicap Modifications of Dwelling filed.
PDF:
Date: 02/26/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 02/25/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/14/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/11/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/07/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 01/03/2019
Proceedings: DOAH Final Order
PDF:
Date: 01/03/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 01/03/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 09/28/2018
Proceedings: Order Granting Extension of Time.
PDF:
Date: 09/27/2018
Proceedings: (Proposed) Agreed Order filed.
PDF:
Date: 09/27/2018
Proceedings: Motion for Extension of Time filed.
PDF:
Date: 09/19/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/18/2018
Proceedings: Notice of Unavailability filed.
PDF:
Date: 09/10/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/06/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 09/04/2018
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 08/30/2018
Proceedings: DOAH Final Order
PDF:
Date: 08/30/2018
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 08/30/2018
Proceedings: Final Order (hearing held May 31, 2018). CASE CLOSED.
PDF:
Date: 07/27/2018
Proceedings: Petitioner's Brief on the Issue of Notice filed.
PDF:
Date: 07/27/2018
Proceedings: (Proposed) Final Order on Notice filed.
PDF:
Date: 07/27/2018
Proceedings: Intervenors Joy Cavalaris, M.D. and Palm Beach Obstetrics & Gynecology, P.A.'s Proposed Final Order on Notice filed.
PDF:
Date: 07/27/2018
Proceedings: Proposed Final Order on Notice filed.
PDF:
Date: 07/20/2018
Proceedings: Notice of Filing (Transcript of July 11, 2018 hearing) filed (not available for viewing).
PDF:
Date: 07/18/2018
Proceedings: Notice of Filing (transcript of July 11, 2018 hearing) filed.
PDF:
Date: 06/20/2018
Proceedings: Notice of Filing Transcript.
PDF:
Date: 06/18/2018
Proceedings: Intervenor's Post-Hearing Exhibits (exhibits not available for viewing) filed.
PDF:
Date: 06/18/2018
Proceedings: Amended Motion to Submit Post-hearing Evidence filed.
PDF:
Date: 06/13/2018
Proceedings: Intervenor's Post-Hearing Evidence (not available for viewing) filed.
PDF:
Date: 06/12/2018
Proceedings: Motion to Submit Post-hearing Evidence filed.
PDF:
Date: 05/31/2018
Proceedings: Deposition filed.
PDF:
Date: 05/30/2018
Proceedings: Amended Notice of Filing filed.
PDF:
Date: 05/30/2018
Proceedings: Amended Notice of Filing filed.
PDF:
Date: 05/30/2018
Proceedings: Amended Notice of Filing filed.
PDF:
Date: 05/29/2018
Proceedings: Order Granting Motion to Compel Petitioner's Deposition.
PDF:
Date: 05/24/2018
Proceedings: Notice of Filing (Intervenor's Good Samaritan Medical Center, Inc., d/b/a Good Samaritan Medical Center's Proposed Exhibits (exhibits not available for viewing).
PDF:
Date: 05/24/2018
Proceedings: Return of Service filed.
PDF:
Date: 05/24/2018
Proceedings: Notice of Filing (Intervenor's Good Samaritan Medical Center, Inc., d/b/a Good Samaritan Medical Center's proposed exhibits) filed.
PDF:
Date: 05/24/2018
Proceedings: Notice of Filing (Intervenors' Joy Cavalaris M.D., and Palm Beach Obstetrics & Gynecology, P.A.'s proposed exhibits) filed.
PDF:
Date: 05/24/2018
Proceedings: Notice of Filing (Intervenor's proposed exhibits) filed.
PDF:
Date: 05/22/2018
Proceedings: Notice of Taking Unsworn Statement filed.
PDF:
Date: 05/17/2018
Proceedings: Motion to Compel Petitioner's Deposition filed.
PDF:
Date: 05/11/2018
Proceedings: Amended Notice of Filing (to correct hearing date in Notice) filed.
PDF:
Date: 05/11/2018
Proceedings: Notice of Filing (Plaintiffs' Proposed Exhibits) filed.
PDF:
Date: 05/02/2018
Proceedings: Plaintiff's Request to Produce to Good Samaritan Medical Center, Inc. filed.
PDF:
Date: 04/20/2018
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 04/09/2018
Proceedings: Notice of Taking Deposition (Alethia Saunders) filed.
PDF:
Date: 04/09/2018
Proceedings: Notice of Taking Deposition (Melissa Carpentier) filed.
PDF:
Date: 02/26/2018
Proceedings: Letter to Judge Watkins from Richard Shuler Regarding Available Dates for Hearing filed.
PDF:
Date: 02/26/2018
Proceedings: Notice of Hearing by Video Teleconference (hearing set for May 31, 2018; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
PDF:
Date: 02/22/2018
Proceedings: Letter to Administrative Law Judge regarding Order Granting Continuance (2-13-18) filed.
PDF:
Date: 02/13/2018
Proceedings: Order Granting Continuance (parties to advise status by February 23, 2018).
PDF:
Date: 02/09/2018
Proceedings: Petitioner's Motion for Continuance filed.
PDF:
Date: 02/02/2018
Proceedings: Plaintiff's Notice of Unavailability filed.
PDF:
Date: 12/04/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/08/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/08/2017
Proceedings: Notice of Hearing by Video Teleconference (hearing set for March 21, 2018; 1:00 p.m.; West Palm Beach and Tallahassee, FL).
PDF:
Date: 11/06/2017
Proceedings: Respondent's Counsel's Response to Order Dated October 27, 2017 filed.
PDF:
Date: 11/06/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/02/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 11/01/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 10/27/2017
Proceedings: Partial DOAH FO
PDF:
Date: 10/27/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/27/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 10/27/2017
Proceedings: Order (response due by November 6, 2017).
PDF:
Date: 10/27/2017
Proceedings: Partial Summary Final Order. DOAH JURISDICTION RETAINED.
PDF:
Date: 10/20/2017
Proceedings: Petitioners' Objection to Notice of Compensability filed.
PDF:
Date: 10/11/2017
Proceedings: Motion for Partial Summary Final Order filed.
Date: 10/11/2017
Proceedings: Exhibit to Motion for Partial Summary Final Order filed (medical records; not available for viewing).  Confidential document; not available for viewing.
PDF:
Date: 10/03/2017
Proceedings: Notice of Compensability and Request for Evidentiary Hearing on Compensability filed.
Date: 10/03/2017
Proceedings: Exhibit to Notice of Compensability and Request for Evidentiary Hearing on Compensability filed (medical records; not available for viewing).  Confidential document; not available for viewing.
PDF:
Date: 08/17/2017
Proceedings: Order Granting Second Extension of Time.
PDF:
Date: 08/15/2017
Proceedings: Second Motion for Extension of Time filed.
PDF:
Date: 08/10/2017
Proceedings: Order Granting Extension of Time.
PDF:
Date: 08/09/2017
Proceedings: Motion for Extension of Time filed.
PDF:
Date: 08/08/2017
Proceedings: Notice of Appearance (David Black) filed.
PDF:
Date: 07/25/2017
Proceedings: Order (granting motion to accept K. Shipley as qualified representative).
PDF:
Date: 07/25/2017
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 07/25/2017
Proceedings: Order Granting Motion to Intervene.
PDF:
Date: 07/17/2017
Proceedings: Motion to Intervene on Behalf of Good Samaritan Medical Center, Inc. d/b/a Good Samaritan Medical Center filed.
PDF:
Date: 07/17/2017
Proceedings: Notice of Appearance (Matthew Weber) filed.
PDF:
Date: 07/17/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/14/2017
Proceedings: Motion to Act as a Qualified Representative before the Division of Administrative Hearings filed.
PDF:
Date: 07/13/2017
Proceedings: Motion to Intervene filed.
PDF:
Date: 07/07/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 07/05/2017
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/29/2017
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 06/29/2017
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 06/29/2017
Proceedings: Initial Order.
Date: 06/21/2017
Proceedings: NICA filing fee $15.00: Check No. 92430 filed (not available for viewing).
PDF:
Date: 06/21/2017
Proceedings: Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. filed.

Case Information

Judge:
W. DAVID WATKINS
Date Filed:
06/21/2017
Date Assignment:
06/29/2017
Last Docket Entry:
03/12/2020
Location:
West Park, Florida
District:
Southern
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (13):