Findings Of Fact Maximilian was born on October 26, 2017, at Winnie Palmer Hospital, located in Orange County, Florida. According to the medical records from Winnie Palmer Hospital, Maximilian weighed four pounds and three ounces, or 1900 grams, at birth.
Findings Of Fact Based upon the stipulation of the parties, the following facts are found: Houda Charfi and Omar Elmouki (Petitioners) are the parents and legal guardians of Mundir Elmouki (Mundir), and are the “Claimants” as defined by section 766.302(3). Mundir incurred a “birth-related neurological injury” as that term is defined in section 766.302(2), on or about May 11, 2018, which was the sole and proximate cause of Mundir’s injury. At birth, Mundir weighed 3,390 grams. Luis Sanchez-Ramos, M.D., rendered obstetrical services in Mundir’s delivery, and, at all material times, was a “participating physician” as defined in section 766.3012(7). UF Health Jacksonville is a hospital located in Jacksonville, Florida, is the hospital where Mundir was born, and is the “hospital” as that term is defined in section 766.302(6). Mundir died on May 11, 2018. Petitioners filed a petition pursuant to section 766.305, seeking compensation from NICA, and that Petition is incorporated by reference in its entirety, including all attachments. Any reference made within this document to NICA encompasses, where appropriate, the Florida Birth-Related Neurological Injury Compensation Plan (the Plan).
The Issue At issue in this proceeding is whether Alexandra Louise Biedenharn, a minor, suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan.
Findings Of Fact Fundamental findings Deborah Biedenharn and Joseph Biedenharn are the parents and natural guardians of Alexandra Louise Biedenharn (Alexandra), a minor. Alexandra was born a live infant on March 17, 1997, at Lawnwood Regional Medical Center, a hospital located in Fort Pierce, Florida, and her birth weight was in excess of 2500 grams. The physician providing obstetrical services during the birth of Alexandra was Juliette Lomax-Homier, M.D., who was, at all times material hereto, a participating physician in the Florida Birth-Related Neurological Injury Compensation Plan (the Plan), as defined by Section 766.302(7), Florida Statutes. Coverage under the Plan Pertinent to this case, coverage is afforded under the Plan when the claimant demonstrates, more likely than not, that the infant suffered an "injury to the brain or spinal cord . . . caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation in the immediate post-delivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired." Sections 766.302(2) and 766.309(1)(a), Florida Statutes. Here, Alexandra's neurologic condition is dispositive of the claim and it is unnecessary to address the timing or cause of her condition. Alexandra's neurologic status On October 2, 1997, following the filing of the claim for compensation, Alexandra was examined by Michael Duchowny, M.D., a board-certified pediatric neurologist. Dr. Duchowny's examination of Alexandra revealed no evidence of a substantial motor deficit, but did reveal evidence of mild hypertonia, which has shown progressive improvement over time. Alexandra's social and cognitive function evidenced no compromise and, with regard to such matters, she was progressing at age level. In Dr. Duchowny's opinion, which is credited, Alexandra is not currently substantially mentally and physically impaired and, consequent to any events which may have occurred at birth, is not likely to be so impaired in the future.
Findings Of Fact Based on the Stipulation of the Parties, the following facts are found: Petitioners are the parents and legal guardians of Leina Gotay (Leina), and are the “Claimants” as defined by section 766.302(3). Leina incurred a “birth-related neurological injury” as that term is defined in section 766.302(2). At birth, Leina weighed 2,750 grams. B. Vereen Chithriki, M.D., rendered obstetrical services in the delivery of Leina and, at all times material to this proceeding, was a “participating physician” as defined in section 766.302(7). Baptist Medical Center South is a hospital located in Jacksonville, Florida, and is the “hospital” as that term is defined in section 766.302(6), where Leina was born. Petitioners filed a Petition for Benefits pursuant to section 766.305, seeking compensation from NICA, and that Petition for Benefits is incorporated by reference in its entirety, including all attachments. Any reference made within this document to NICA encompasses, where appropriate, the Florida Birth-Related Neurological Injury Compensation Plan (the Plan).
