The Issue The issue to be determined is whether the infant, Zakeem Carter Lee (Zakeem), suffered a birth-related neurological injury as that term is defined in section 766.302(2), Florida Statutes (2018).
Findings Of Fact Zakeem was born on December 25, 2018, at Holmes Regional. He passed away shortly after birth. Zakeem weighed 2,425 grams at birth.
Findings Of Fact Matthew Eugene McGrane was born on July 7, 2010, at Winnie Palmer Hospital for Women and Babies in Orlando, Florida. Based on his hospital records, Matthew weighed 1,415 grams at birth. He was a single gestation.
Findings Of Fact The parties have stipulated to the following facts. Iyonna Hugley was born on October 14, 2010, at 1950 hours at Wuesthoff Medical Center, Melbourne, Florida. Mark Sargent, M.D., provided obstetrical services during the delivery of Iyonna. Dr. Sargent is a participating physician in the Plan as defined in section 766.302(7). At birth, Iyonna weighed 2,347 grams and was delivered from a single gestation.
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 The issue in this case is the amount of attorneys' fees to be awarded to Petitioner's Counsel pursuant to the Mandate of the Third District Court of Appeal entered on Case No. 3D11- 1621, as well as the Order in that case granting Appellee's Motion for Attorneys' Fees as a Sanction Pursuant to Fla. R. App. P. 9.410(b) and § 57.105, Fla. Stat.
Findings Of Fact On November 22, 2010, Petitioner filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. On May 20, 2011, a Summary Final Order of Dismissal was entered dismissing Petitioner’s Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq., finding that the claim was not compensable and was barred by section 766.313. On June 16, 2011, the University of Miami, d/b/a University of Miami School of Medicine appealed the final order to the Third District Court of Appeal. On June 20, 2011, Leslie Caroline McLeod, M.D.; Nathalie Dauphine McKenzie, M.D.; Marion Frederic Colas-Lacombe, M.D.; Jerry M. Giles, M.D.; Hugo Gonzalez-Quintero, M.D.; and the Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital filed a Notice of Joinder of the Notice of Appeal of the Final Administrative Action. The defendants in the medical practice action filed a Motion for Stay Pending Appeal in the circuit court. By letter dated June 22, 2011, Petitioner sent a letter to the defendants in the medical malpractice action, who were also the appellants in the appeal. The letter advised that Petitioner would be filing motions for attorneys’ fees if the defendant/appellants did not withdraw the notice of appeal, joinder of appeal, and motion for stay. Copies of the motions for fees, which Petitioner intended to file in the Third District Court of Appeal and the circuit court accompanied the letter. The letter did not mention fees for the administrative action which was on appeal. On January 3, 2012, Petitioner filed Appellee’s Motion for Attorneys' Fees as a Sanction Pursuant to Fla. R. App. P. 9.410(B) and § 57.105, Fla. Stat., seeking attorneys’ fees as a sanction against Appellants/Intervenors. The Third District Court of Appeal granted the motion and remanded the case to the Division of Administrative Hearings to conduct a hearing on the amount of fees to be awarded. On February 4, 2013, the final hearing on the fees awarded by the Third District Court of Appeal commenced. On the same date, Petitioner filed Petitioner’s Motion for Attorneys’ Fees and Costs Pursuant to Florida Statutes § 57.105 with the Division of Administrative Hearings. The motion seeks attorneys’ fees for the administrative action on Petitioner’s claim for benefits under the plan administered by the Florida Birth-Related Neurological Injury Compensation Association. A Final Order on Fees was entered on May 23, 2013, which determined the amount of attorneys’ fees to be awarded to Petitioner pursuant to the order of the Third District Court of Appeal. Included in the amount awarded were fees associated with the Notice of Appeal and the Motion for Stay Pending Appeal.
Findings Of Fact Cesar was born on November 4, 2016, at AdventHealth in Winter Park, Florida. He was a single gestation. The unrefuted medical records provided by Petitioner to NICA document that Cesar’s birth weight was 2360 grams.
The Issue The issues to be determined are whether the infant, Regina Singleton (Regina), suffered a birth-related neurological injury as that term is defined by section 766.302, Florida Statutes (2014), and whether Petitioner’s claim for compensation is barred by the application of section 766.313.
Findings Of Fact Regina was born on October 18, 2014, at Winnie Palmer Hospital. The Motion for Summary Final Order indicates that Regina’s medical records are attached to the Motion for Entry of Protective Order Regarding Confidential Documents Related to Petitioner’s Medical Records. There are no medical records attached to the Motion for Entry of Protective Order. Similarly, the Motion for Entry of Protective Order speaks in terms of confidential documents attached to the Motion for Summary Final Order. The only document attached is the Birth Certificate for Regina, which is also attached to the Petition. Notwithstanding that no medical records referenced in the Motion for Summary Final Order are actually attached, there is sufficient information in the birth certificate, which is provided and is already of record, to support the Motion for Summary Final Order. The birth certificate indicates that the infant’s weight at birth was five pounds, seven ounces, which is less than 2,500 grams. Petitioner has not disputed that Regina’s birth weight was below the 2,500-gram threshold established in section 766.302(2) for eligibility for NICA benefits.
