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Home » Cases Under Administrative Hearing » 19-003200N

19-003200N Daniel Dawood, By And Through His Parents, Sally And Joseph Dawood vs. Florida Birth-Related Neurological Injury Compensation Association
 Status: Closed
DOAH Final Order on Thursday, March 19, 2020.

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Summary: The parties' Stipulation and Joint Petition for Compensation of Claim Arising out of Florida Birth-Related Neurological Injury is approved.

1S TATE OF F LORIDA

6D IVISION OF A DMINISTRATIVE H EARINGS

13D ANIEL D AWOOD , B Y A ND T HROUGH H IS

25P ARENTS , S ALLY A ND J OSEPH D AWOOD ,

35Petitioners

36and

37J EFFREY J. M ARKS , M.D. A ND W OMEN ÔS

48C ARE F LORIDA , LLC,

53Intervenors ,

54vs. Case No. 19 - 3200N

60F LORIDA B IRTH - R ELATED N EUROLO GICAL

70I NJURY C OMPENSATION A SSOCIATION ,

76Respondent,

77and

78T RUSTEES OF M EASE H OSPITAL , I NC ., d/b/a

89M EASE C OUNTRYSIDE H OSPITAL ,

95Intervenors .

97/

98F INAL O RDER A PPROVING S TIPULATION F OR E NTRY O F A WARD

114This cause came on for consideration pursuant to sections 766.304

124and 766.305, Florida Statutes, upon the Stipulation and Joint Petition for

135Compensation of Claim Arising Out of Florida Birth - Related Neu rological

147Injury Pursuant to Chapter 766, Florida Statutes (Stipulation and Joint

157Petition), filed with the Division of Administrative Hearings (Division) on

167March 16, 2020, for the entry of an order approving the resolution of a claim

182for compensation ben efits filed in accordance with the provisions of

193chapter 766, and a resolution of the exclusive remedy otherwise available as

205outlined in chapter 766.

209By the terms of their stipulation, Petitioners, Sally and Joseph Dawood,

220as parents and guardians of Dan iel Dawood, a minor, and Respondent, the

233Florida Birth - Related Neurological Injury Compensation Association (NICA),

242have agreed that Sally and Joseph Dawood are the parents and legal

254guardians of Daniel Dawood (Daniel); that Daniel was born a live infant o n or

269about March 7, 2015, at Intervenor Mease Countryside Hospital, a Ñhospital,Ò

281as defined by section 766.302(6), located in Safety Harbor, Florida; and that

293DanielÔs birth weight exceeded 2,500 grams. The parties have further agreed

305that Anjana Patel, M .D., and Mary Kay Miller, C.N.M,, provided obstetrical

317services at DanielÔs delivery and was a Ñparticipating physicianÒ in the

328Florida Birth - Related Neurological Injury Compensation Plan, as defined by

339section 766.302(7). The parties have agreed that Dani el suffered a Ñbirth -

352related neurological injury,Ò as that term is defined by section 766.302(2),

364which was the sole and proximate cause that led to DanielÔs current medical

377condition.

378It is O RDERED :

3831. The Stipulation and Joint Petition filed on March 16 , 2020, is hereby

396approved, and the parties are directed to comply with the provisions of the

409Stipulation and Joint Petition.

4132. Petitioners, Sally and Joseph Dawood, as the parents and legal

424guardians of Daniel, a minor, are awarded one hundred thousand d ollars

436($100,000.00), pursuant to section 766.31(1)(b)1., to be paid as a lump sum to

450the parents.

4523. Petitioners, Sally and Joseph Dawood, as the parents and legal

463guardians of Daniel, a minor, and NICA, agree that NICA will pay future

476expenses as incurre d, pursuant to section 766.31(2).

4844. NICA will reimburse Andrew Wozniak, Esq., attorney for Petitioners,

494reasonable attorneyÔs fees and expenses for services rendered in the filing of

506this claim, pursuant to section 766.31(1)(c). The amount of reasonable

516e xpenses shall be decided by a separate hearing before the undersigned ,

528unless the parties agree on the amount.

5355 . Upon the payment of the award of $100,000.00 past benefit/expenses,

548and the yet - to - be determined amount for attorneyÔs fees and expenses, the

563claims of Petitioners shall be deemed fully satisfied and extinguished, except

574for RespondentÔs continuing obligation under section 766.31(2) to pay future

584expenses, as incurred.

5876. The Division retains jurisdiction over this matter to resolve any

598disputes , should they arise, regarding the partiesÔ compliance with the terms

609of this Order.

612D ONE A ND O RDERED this 1 9 th day of March, 2020 , in Tallahassee, Leon

629County, Florida.

631S

632R OBERT J. T ELFER III

638Administrative Law Judge

641Division of Administrative Hearings

645The DeSoto Building

6481230 Apalachee Parkway

651Tallahassee, Florida 32399 - 3060

656(850) 488 - 9675

660Fax Filing (850) 921 - 6847

666www.doah.state.fl.us

667Filed with the Clerk of the

673Division of Administrative Hearings

677this 19 th day of March, 2020.

684C OPIES F URNISHED :

689(vi a certified mail)

693Kenney Shipley, Executive Director

697Florida Birth - Related Neurological

702Injury Compensation Association

705Suite 1

7072360 Christopher Place

710Tallahassee, Florida 32308

713(eServed)

714(Certified No. 7018 3090 0002 1880 7950 )

722Andrew J. Wozniak, Es quire

727Greco & Wozniak, P.A.

731Suite 200

733501 North Morgan Street

737Tampa, Florida 33602

740(eServed)

741(Certified No. 7018 3090 0002 1880 7967)

748Gabrielle Osborne, Esquire

751Beytin, McLaughlin, McLaughlin,

754O'Hara, Kinman & Bocchino, P.A.

7591706 East Eleventh Avenue

763T ampa, Florida 33605

767(eServed)

768(Certified No. 7018 3090 0002 1880 7974 )

776Todd A. Jennings, Esquire

780Macfarlane, Ferguson & McMullen

784Suite 200

786625 Court Street

789Clearwater, Florida 33756

792(eServed)

793(Certified No. 7018 3090 0002 1880 7981 )

801James A. Martin, Jr ., Esquire

807Macfarlane Ferguson & McMullen

811Suite 200

813625 Court Street

816Clearwater, Florida 33756

819(eServed)

820(Certified No. 7018 3090 0002 1880 7998 )

828Amie Rice, Investigation Manager

832Consumer Services Unit

835Department of Health

8384052 Bald Cypress Way, Bin C - 75

846Tallahassee, Florida 32399 - 3275

851(eServed)

852(Certified No. 7018 3090 0002 1880 7943 )

860Mary C. Mayhew, Secretary

864Health Quality Assurance

867Agency for Health Care Administration

8722727 Mahan Drive, Mail Stop 1

878Tallahassee, Florida 32308

881(eServed)

882(Certified N o. 7018 3090 0002 1880 7936 )

891Mary Miller, CNM

894Women Care of Florida

8982665 State Road 580

902Clearwater, Florida 33761

905(Certified No. 7018 3090 0000 2189 3720 )

913Jeffrey J. Marks, M.D.

917Women Care of Florida

9212665 State Road 580

925Clearwater, Florida 33761

928(Certi fied No. 7018 3090 000 0 2189 3737 )

938Mease Countryside Hospital

941Attention: Risk Management

9443231 McMullen Booth Road

948Safety Harbor, Florida 34695

952(Certified No. 7018 3090 0002 1880 7929 )

960N OTICE O F R IGHT T O J UDICIAL R EVIEW

972Review of a final order of an administrative law judge shall be by appeal to

987the District Court of Appeal pursuant to section 766.311(1), Florida Statutes.

998Review proceedings are governed by the Florida Rules of Appellate

1008Procedure. Such proceedings are commenced by filing the origina l notice of

1020administrative appeal with the a gency c lerk of the Division of Administrative

1033Hearings within 30 days of rendition of the order to be reviewed, and a copy,

1048accompanied by filing fees prescribed by law, with the clerk of the

1060appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla.

1072Birth - Related Neurological Injury Comp. Ass'n v. Carreras , 598 So. 2d 299

1085(Fla. 1st DCA 1992).

Dockets
Select the PDF icon to view the document.
PDF
Date
Proceedings
PDF:
Date: 05/11/2020
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 04/06/2020
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/30/2020
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 03/19/2020
Proceedings: DOAH Final Order
PDF:
Date: 03/19/2020
Proceedings: Final Order Approving Stipulation for Entry of Award. CASE CLOSED.
PDF:
Date: 03/19/2020
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 03/16/2020
Proceedings: Stipulation and Joint Petition for Compensation of Claim Arising Out of florida Birth-Related Neurological Injury Pursuant to Chapter 766, Florida Statutes filed.
PDF:
Date: 02/25/2020
Proceedings: Joint Status Report filed.
PDF:
Date: 01/28/2020
Proceedings: Order Requiring Status Report.
PDF:
Date: 11/20/2019
Proceedings: Order Granting Respondent's Motion for Protective Order.
PDF:
Date: 11/12/2019
Proceedings: Motion for Entry of Protective Order Regarding Confidential Documents Related to Petitioner's Medical Records (Motion to Determine Confidentiality of Document) filed.
PDF:
Date: 10/22/2019
Proceedings: Intervenor, Trustees of Meaase Hospital, Inc.'s First Request for Admissions to Petitioner filed.
PDF:
Date: 09/19/2019
Proceedings: Petitioners' Answer to Intervenor, Trustees of Mease Hospital, Inc.'s First Request for Admissions filed.
PDF:
Date: 09/11/2019
Proceedings: Order Granting Second Extension of Time.
PDF:
Date: 09/10/2019
Proceedings: Motion For Extension of Time in which to Respond to Petition filed.
PDF:
Date: 09/03/2019
Proceedings: Notice of Appearance and Designation of E-Mail Addresses filed.
PDF:
Date: 08/29/2019
Proceedings: Notice of Appearance (James Martin, Jr.) filed.
PDF:
Date: 08/07/2019
Proceedings: Order Granting Extension of Time.
PDF:
Date: 08/06/2019
Proceedings: Motion for Extension of Time in Which to Respond to Petition filed.
PDF:
Date: 07/25/2019
Proceedings: Certified Mail Receipts stamped this date by the U.S. Postal Service.
PDF:
Date: 07/24/2019
Proceedings: Letter to parties of record from Judge Telfer.
PDF:
Date: 07/22/2019
Proceedings: Order Granting Intervenors Jeffrey J. Marks, M.D., Women's Care Florida, LLC, and Trustees of Mease Hospital, Inc., d/b/a Mease Countryside Hospital's Motions for Leave to Intervene.
PDF:
Date: 07/17/2019
Proceedings: Trustees of Mease Hospital, Inc. d/b/a Mease Countryside Hospital's Petition for Leave to Intervene Pursuant to Florida Administrative Code Rule 28-106.205 filed.
PDF:
Date: 07/12/2019
Proceedings: Jeffrey J. Marks, M.D. and Women's Care Florida, LLC's Petition to Intervene, or in the Alternative, Motion to Intervene filed.
PDF:
Date: 07/12/2019
Proceedings: Designation of Electronic Mail Addresses filed.
PDF:
Date: 07/12/2019
Proceedings: Notice of Appearance (Gabrielle Osborne) filed.
PDF:
Date: 07/03/2019
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 07/02/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/26/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/24/2019
Proceedings: Certified Return Receipt received this date from the U.S. Postal Service.
PDF:
Date: 06/19/2019
Proceedings: Undeliverable envelope returned from the Post Office.
PDF:
Date: 06/19/2019
Proceedings: Letter to Kenney Shipley from Claudia Llado enclosing NICA claim for compensation.
PDF:
Date: 06/19/2019
Proceedings: Initial Order.
Date: 05/31/2019
Proceedings: NICA filing fee (Check No. 1047; $15.00 filed (not available for viewing).
PDF:
Date: 05/31/2019
Proceedings: Petition for Claim of Compensation Pursuant to the Florida Birth Related Neurologic Injury Compensation Plan (NICA) filed.

Case Information

Judge:
ROBERT J. TELFER III
Date Filed:
05/31/2019
Date Assignment:
06/17/2019
Last Docket Entry:
05/11/2020
Location:
Wesley Chapel, Florida
District:
Middle
Agency:
Florida Birth-Related Neurological Injury Compensation Associati
Suffix:
N
 

Counsels

Related Florida Statute(s) (5):