At issue are the attorney’s fees and related expenses owed by Respondent Florida Birth-Related Neurological Injury Compensation Association (NICA), pursuant to section 766.31(1)(c), Florida Statutes.The Fianl Order awards to Petitioner a reasonable attorney's fee of $11,602.50 and $1,158.80 in expenses.
Baby delivered in hospital unattended by health care professionals. Baby sustained oxygen deprivation during resuscitation in the immediate post-delivery period.
Whether Jaden Myers qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).Burden of proof of injury in statutory period and of permanent and substantial mental and physical injury not met.
Whether an award authorized in Section 766.31(1)(b)1., Florida Statutes, to the parents of a child found to have sustained a birth-related neurological injury may exceed $100,000. (Stipulated Issue.)1The Statute authorizes an award to the parents or legal guardians of a sum not to exceed $100,000, in total, and not a sum to exceed $100,000, individually.
Whether Tristan A. Hostetler qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).Burden of proof of injury in statutory period and of permanent and substantial mental and physical injury not met.
