Findings Of Fact Aaron Lora was born on January 16, 2012, at Leesburg Regional Medical Center in Leesburg, Florida. Aaron weighed 3,850 grams at birth. Donald Willis, M.D. (Dr. Willis), was requested by NICA to review the medical records for Aaron. Dr. Willis reported the following: I have reviewed the medical records for the above individual [Aaron]. The mother, Hilda Lozano was a 37 year old G3 P1011 with one prior Cesarean section delivery. Pregnancy was complicated by a placenta previa and Gestational Diabetes. Gestational Diabetes was diagnosed during the third trimester and managed with oral agents. Weekly NST’s were done for fetal evaluation and showed no distress. Vaginal bleeding occurred during pregnancy. Placenta previa was diagnosed. Steroids were given to enhance fetal lung maturity. The mother was admitted at 39 weeks gestational age for repeat Cesarean section delivery. She was not in labor. A large amount of amniotic fluid was described at time of delivery. Birth weight was 8 lbs 8oz’s (3,850 grams). The baby was not depressed. Apgar scores were 8/9. No resuscitation was required. The baby was described as “vigorous” after delivery. Newborn hospital course was uncomplicated. The child was subsequently diagnosed with Global development delay. MRI at about one year of age was abnormal. In summary: The mother was not in labor prior to delivery. Elective repeat Cesarean section was done with delivery of a healthy baby. No resuscitation was required. Apgar scores were 8/9. There was no apparent obstetrical event that resulted in loss of oxygen or mechanical trauma to the baby’s brain during delivery or the immediate post delivery period. A review of the file does not show any contrary opinion, and Petitioner has no objection to the issuance of a summary final order finding that the injury is not compensable under Plan. The opinion of Dr. Willis that Aaron’s mother was not in labor and that Aaron did not suffer a neurological injury due to oxygen deprivation or mechanical injury during delivery or resuscitation in the immediate post-delivery period is credited.
The Issue The issue to be determined is whether Brave suffered a “birth-related neurological injury,” as defined in section 766.302, Florida Statutes (2017).
Findings Of Fact On September 27, 2017, the Hospital admitted Brittany Quinley and she gave birth to a baby boy named Brave. The pre-delivery ultrasound, performed on September 26, 2017, estimated the fetal weight to be 2,539 grams. However, Brave weighed 2,486 grams at the time of his birth the next day.
