For purposes of determining compensability, the issues are whether the injury claimed is a birth-related neurological injury and whether obstetrical services were delivered by a participating physician in the course of labor, delivery, or resuscitation in the immediate post-delivery period in the hospital; and Whether notice was accorded the patient, as contemplated by section 766.316, Florida Statutes (2018).Neither physician nor hospital provided reasonable notice of their participation in NICA as required by section 766.316.

On January 8, 2013, Petitioner, Irene Rodriguez, on behalf of and as parent and natural guardian of Elijah Theard (Elijah), a minor, filed a Petition Under Protest Pursuant to Florida Statute Section 766.301 et seq. (Petition) with the Division of Administrative Hearings (DOAH) for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). The Petition named Billy Lee Duke, M.D.; Brenda Harris-Watson, M.D.; and Manuel Fiesta, M.D., as the physicians providing obstetric services at the birth of Elijah at Lakeland Regional Medical Center in Lakeland, Florida. DOAH served NICA with a copy of the Petition on January 28, 2013. Dr. Fiesta was served a copy of the Petition on January 22, 2013. Lakeland Regional Medical Center, Dr. Duke, and Dr. Harris-Watson were served copies of the Petition on January 21, 2013. Dr. Harris-Watson was also served a copy of the Petition on January 22, 2013. On March 13, 2013, Dr. Duke filed a motion to intervene, which was granted by Order dated March 20, 2013. On March 20, 2013, Dr. Harris-Watson filed a motion to intervene, which was granted by Order dated March 29, 2013. NICA filed a Motion for Summary Final Order, asserting that Elijah sustained a "birth-related neurological injury" as that term is defined in section 766.302(2), Florida Statutes. The motion was served by Email on June 28, 2013. As of the date of this Summary Final Order on Compensability, neither Petitioner nor Intervenors have filed a response.Hospital failed to provide notice; physicians provided notice.