Summary: On April 28, 2021, Petitioners filed a Petition for Benefits, Under Protest, 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 Samir Shakfeh, M.D., as the physician who provided obstetric services to Mary Mathis, for the birth of Kymani Brown (Kymani), at Oak Hill Hospital, in Brooksville, Florida, on March 16, 2019. On May 17, 2021, DOAH mailed a copy of the Petition to Respondent, Dr. Shakfeh, and Oak Hill Hospital via certified mail. Respondent was served with the same on May 19, 2021. Motions to intervene were filed, and granted, on behalf of HCA Health Services of Florida, Inc., d/b/a Oak Hill Hospital; Samir Shakfeh, M.D., and Citrus Specialty Group, Inc., d/b/a Advanced Women’s Health Center; and Ahmed Kafafy, M.D., Kirsy Acosta-Ortiz, CRNA, and Anesthesiologist Associates Oak Hill Division, P.A. (Intervenors). On July 16, 2021, Respondent filed its Response to the Petition, wherein Respondent maintained that the claim was not compensable because Kymani did not sustain a “birth-related neurological injury,” as defined by section 766.302(2), Florida Statutes. Respondent requested that a bifurcated hearing be scheduled to address the issues of compensability and notice first; and, if required, to address the amount of an award in a separate hearing. On July 22, 2021, the undersigned issued an Order Requiring Response directing the parties to communicate and advise, on or before August 13, 2021, whether a final hearing would be required; and, if so, an estimate of the time required to conduct the hearing and several mutually agreeable dates to conduct the hearing. Pursuant to Respondent’s Status Report, filed August 12, 2021, the parties jointly requested an extension of time to provide a case management plan, including dates for a final hearing. The requested extension of time was granted by Order dated August 16, 2021. The parties provided a proposed case management plan on September 13, 2021, and the same was adopted by Order dated September 17, 2021. The final hearing was scheduled for January 27, 2022. Thereafter, the parties engaged in robust discovery. On December 15, 2021, the parties’ Joint Motion for Extension of Discovery Deadline and to Continue Final Hearing was filed. An Order granting the same was issued on December 17, 2021, and the final hearing was rescheduled for March 8, 2022. On January 27, 2022, Intervenors filed their Joint Notice to Withdraw Motions to Intervene, which was granted the same day. On January 28, 2022, Respondent’s Motion was filed. Respondent’s Motion contends that Petitioners’ claim is not compensable as Kymani did not suffer a birth-related neurological injury, as defined in section 766.301(2), and, therefore, the Petition is due to be dismissed with prejudice. As noted above, Respondent’s Motion is unopposed.Summary final order entered concluding Petitioner did not sustain a birth-related neurological injury, and, therefore not entitled to compensation.