Whether Jared Anderson, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan.The child met all criteria for NICA compensation except for the conjunctive requirement of permanently and substantially mentally impaired and permanently and substantially physically impaired.
Whether Jena Macri (Jena), a deceased minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, whether Petitioners are entitled to an award of Plan benefits, given the arbitration award they recovered against Tallahassee Memorial Hospital for damages associated with Jena's death. Whether the notice provisions of the Plan were satisfied.Petitioners were not entitled to an award, even though the claim qualified for coverage. Petitioners had already recovered an arbitration award against the hospital for the wrongful death of the infant.
Award of $1,188,022.00 to infant`s estate for loss of earning capacity, $32,304.61 to parents for loss of services expenses associated with birth and death, and $165,968.64 for attorney`s fees and costs.
Whether Hunter Lewis, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan.The proof failed to demonstrate that the infant suffered a "birth-related neurological injury." Therefore, the claim is denied.
