Division of Administrative Hearings, Florida
Filed: Mar. 19, 2004
Whether Patrick Pendergraft (Patrick), a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, whether Petitioner's recovery, through settlement of a civil suit for negligence against Memorial Hospital West, the hospital at which Patrick was born, bars Petitioner from receiving an award of Plan benefits.While the claim was compensable, Petitioner was precluded from recovering an award of Plan benefits because she had recovered though settlement of a civil suit with the hospital for injuries associated with the infant`s birth.
