The Issue At issue is whether Jhaleil Dixon, a minor, qualifies for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).
Findings Of Fact Stipulated facts Rosina Dixon is the natural mother and guardian of Jhaleil Dixon, a minor. Jhaleil was born a live infant on February 17, 2004, at Shands Medical Center, a hospital located in Jacksonville, Florida, and his birth weight exceeded 2,500 grams. Coverage under the Plan Pertinent to this case, coverage is afforded by the Plan for infants who suffer a "birth-related neurological injury," defined as 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 postdelivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired." § 766.302(2), Fla. Stat. The etiology of Jhaleil's impairments To address the likely etiology of Jhaleil's impairments, Ms. Dixon testified on her own behalf, and offered the testimony of Page Lutchman. In contrast, NICA offered the testimony of Donald Willis, M.D., a physician board-certified in obstetrics and gynecology, and maternal-fetal medicine, together with Dr. Willis' reports and the medical records related to Jhaleil's birth. Based on Dr. Willis' review of the medical records, it was his opinion that, within a reasonable degree of medical probability, Jhaleil did not suffer an injury to his brain or spinal cord caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation. In so concluding, Dr. Willis noted that Apgar scores were 3 and 7, at one and five minutes, respectively; that while depressed at birth, Jhaleil responded quickly to minimal resuscitation; umbilical cord blood gas was normal, with pH of 7.19 and base excess of -3.1; neurologic consultation was consistent with bilateral brachial plexus injury, not an injury to the brain or spinal cord; MRI of the spine on day 3 of life was negative; and, there being no evidence of multisystem system involvement (i.e., seizures, renal failure), Jhaleil's newborn stay was not otherwise consistent with injury to the brain or spinal cord. The opinions of Dr. Willis are rationally based, supported by the record, and credible. Consequently, it must be resolved that, more likely than not, Jhaleil's impairments were not the result of a brain or spinal cord injury caused by oxygen deprivation or mechanical injury occurring in the course of labor, delivery, or resuscitation. See Vero Beach Care Center v. Ricks, 476 So. 2d 262, 264 (Fla. 1st DCA 1985)("[L]ay testimony is legally insufficient to support a finding of causation where the medical condition involved is not readily observable."); Ackley v. General Parcel Service, 646 So. 2d 242, 245 (Fla. 1st DCA 1994)("The determination of the cause of a non-observable medical condition, such as a psychiatric illness, is essentially a medical question."); Thomas v. Salvation Army, 562 So. 2d 746, 749 (Fla. 1st DCA 1990)("In evaluating medical evidence, a judge of compensation claims may not reject uncontroverted medical testimony without a reasonable explanation."). Therefore, the proof fails to support the conclusion that Jhaleil suffered a "birth-related neurological injury," as required for coverage under the Plan.
