Division of Administrative Hearings, Florida
Filed: Aug. 15, 2003
Whether Jacqueline Simone Jackson (Jacqueline), a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, whether Petitioners' settlement of a civil suit against the hospital where Jacqueline was born for negligence associated with her birth bars them from recovery of an award under the Plan. Whether the participating physicians complied with the notice provisions of the Plan.The claim was compensable, but because Petitioners recovered through settlement of a civil action with the hospital, they could not receive an award. Also, participating physicians complied with the notice provisions of the Plan.
