Findings Of Fact Based upon Petitioner and Respondent’s stipulation, the following facts are found: Elicia Barber (Petitioner) is the parent and legal guardian of Levi Harper (Levi), and is the “Claimant” as defined by section 766.302(2). On or about May 11, 2019, Levi incurred a “birth- related neurological injury” as that term is defined in section 766.302(2), which was the sole and proximate cause of Levi’s birth-related injury. At birth, Levi weighed 2,940 grams. Fernando Moreno, M.D., David Miller, M.D., and Daina Green, M.D., rendered obstetrical services in the delivery of Levi and, at all times material to this proceeding, were “participating physicians” as that term is defined in section 766.302(7). St. Vincent’s Medical Center is a hospital located in Jacksonville, Florida, and is the “hospital” as that term is defined in section 766.302(6), where Levi was born. Petitioner 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).
