Division of Administrative Hearings, Florida
Filed: Jan. 30, 2020
For the purpose of determining compensability, the issue is whether the injury claimed is a birth-related neurological injury, as defined by section 766.302(2), Florida Statues. The specific issue that remains is whether the brain injury caused by oxygen deprivation or mechanical injury, which rendered Paj Xiong (Paj) permanently and substantially mentally and physically impaired, occurred in the course of labor, delivery, or resuscitation in the immediate post-delivery period.Final Order entered concluding that Petitoners' claim is compensable under the Plan, jurisdiction reserved to determine award.
