Findings Of Fact Delaney Knill was born on April 10, 2009, at TMH in Tallahassee, Florida. She weighed 3,744 grams at birth. Delaney was delivered by Cesarean section by Dr. George. April Knill was diagnosed with uterine rupture, which resulted in a loss of oxygen to Delaney's brain during labor, delivery, and continuing into the immediate post delivery period. The oxygen deprivation was severe, resulting in brain death. Delaney was pronounced dead on April 14, 2009. At the time of Delaney's birth, Dr. George was employed by Azalea and was a participating physician as that term is defined in section 766.302. Dr. George and Azalea provided notice required by section 766.316 on August 28, 2008. TMH provided notice as required by section 766.316 on April 1, 2009.
Findings Of Fact Nevaeh was born on January 4, 2019, at AdventHealth Hospital located in Winter Park, Florida. In the Petition, Petitioner identified Dr. Luisa Vanegas as the physician who provided obstetrical services to Nevaeh. No evidence was presented that names another physician who participated in the course of labor, delivery, or resuscitation in the postdelivery period for Nevaeh. To support its motion, NICA produced from its official records a payment history which shows that, for 2019, Dr. Vanegas did not pay to NICA the annual $5,000 assessment required from physicians who elect to participate in the Plan. See § 766.314(4)(c), Fla. Stat. On the contrary, Dr. Vanegas’ payment history reveals that she paid $250 to NICA, which is the specific assessment for physicians who elect not to participate in the Plan. See § 766.314(4)(b)1., Fla. Stat. Further, no evidence was offered demonstrating that Dr. Vanegas was exempt from paying the assessment for 2019. Therefore, based on the evidence in its records, NICA determined that Petitioner’s claim did not meet the statutory requirements for compensability under the Plan. NICA subsequently filed the Motion for Summary Final Order. Petitioner has not responded in opposition to NICA’s motion or representations.
