Division of Administrative Hearings, Florida
Filed: May 28, 2010
Whether this cause is barred by the statute of limitations found at section 766.313, Florida Statutes; Whether Luis Vazquez, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan; and Whether lawful pre-delivery notice was provided by the hospital and the obstetricians involved in labor, delivery, and resuscitation in the immediate postdelivery period related to Luis Vazquez's birth. NICA claim barred by statute of limitation but parties entitled to determination of compensability (found) and notice (found). Discusses permanent and substantial mental impairment and vicarious notice for CNM.
