Petitioner: PRINCESS GRANT, AS PERSONAL AND NATURAL GUARDIAN OF PRINCE`NYLAN GRANT, A MINOR
Respondent: FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION
Judges: J. BRUCE CULPEPPER
Agency: Florida Birth-Related Neurological Injury Compensation Association
Locations: Lakeland, Florida
Filed: Apr. 12, 2021
Status: Assigned, not set.
Latest Update: Feb. 07, 2025
Summary: On April 7, 2021, Petitioner, Princess Grant, as personal and natural guardian of Prince'Nylan Grant, ("Prince'Nylan"), a minor, filed a Petition for Compensation Pursuant to Florida Birth Related Neurological Injury Compensation Plan (the "Petition") with the Division of Administrative Hearings ("DOAH") for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (the "Plan"). The Petition identified Eric Edwards, M.D., Neal Trulock, D.O., Kathryn
Summary: On April 7, 2021, Petitioner, Princess Grant, as personal and natural guardian of Prince'Nylan Grant, ("Prince'Nylan"), a minor, filed a Petition for Compensation Pursuant to Florida Birth Related Neurological Injury Compensation Plan (the "Petition") with the Division of Administrative Hearings ("DOAH") for a determination of compensability under the Florida Birth-Related Neurological Injury Compensation Plan (the "Plan"). The Petition identified Eric Edwards, M.D., Neal Trulock, D.O., Kathryn Leenhouts, M.D., and Jill Young, APRN, as the healthcare practitioners who provided obstetrical services at Prince'Nylan's birth on August 8, 2019, at Brandon Regional Hospital ("Brandon Regional") in Brandon, Florida. DOAH served Dr. Edwards, Dr. Trulock, Dr. Leenhouts, and Ms. Young with copies of the Petition on April 20, 2021, and served Brandon Regional that same date. DOAH also served Respondent, the Florida Birth-Related Neurological Injury Compensation Association ("NICA"), with a copy of the Petition on April 20, 2021. Brandon Regional moved to intervene in this matter on April 30, 2021, which was granted. On July 2, 2021, NICA filed a Response to Petition taking the position that Petitioner's claim is compensable under the Plan. Petitioner, on September 20, 2021, filed a Notice of Acceptance of NICA's Finding that Prince'Nylan Grant Suffered a Birth Related Neurological Injury acceding to NICA's determination that Prince'Nylan sustained a compensable injury under section 766.302. On September 28, 2021, NICA filed an Unopposed Motion for Summary Final Order requesting the Administrative Law Judge enter a summary final order finding that Petitioner's claim is compensable under the Plan because Prince'Nylan suffered a "birth-related neurological injury" as defined in section 766.302(2), and that Dr. Edwards and Dr. Leenhouts were "participating physicians" pursuant to section 766.302(7). NICA's motion represents that neither Petitioner nor Brandon Regional opposes the relief requested.Final Order entered finding that child suffered a "birth-related neurological injury" as defined by section 766.302(2), and awarding benefits as outlined in section 766.31.
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