Findings Of Fact Jamyrah DeBose was born on March 27, 2014, at Putnam Community Medical Center in Palatka, Florida. She was a single gestation. NICA attached to its motion a certification of medical records signed by the Director of Medical Records from Putnam Community Medical Center, and a one-page medical record for Jamyrah. The medical record shows that Jamyrah was a single gestation and her birth weight was less than 2,500 grams. A review of the file reveals that no contrary evidence was presented to dispute the medical record from Putnam Community Medical Center showing that Jamyrah’s birth weight was less than 2,500 grams. It its Opposition to Respondent’s Motion for Summary Final Order, Intervenor acknowledged that Jamyrah weighed 2,240 grams at birth. Intervenor attached to its response in opposition to NICA’s Motion an affidavit of Frederick E. Harlass, M.D., who opined that the statutory requirement of a baby’s birth weight of 2,500 grams is unreasonable and arbitrary, especially in light of Petitioner’s small stature and pre-pregnancy weight of 125 pounds.
The Issue At issue is whether Hope Maranda Bennett, a minor, met the minimum birth weight required for coverage under the Florida Birth-Related Neurological Injury Compensation Plan (Plan).
Findings Of Fact As observed in the Preliminary Statement, neither Petitioners nor anyone on their behalf appeared at hearing, and no proof was offered to support their claim. In contrast, NICA offered the testimony of Kathe Alexander, R.N., and the medical records associated with Hope's birth (Respondent's Exhibit 1), which demonstrated that Hope was the product of a single gestation, and that she weighed 2,204 grams at birth.
Findings Of Fact Bentley X. Velazquez was born on September 19, 2009, at Health Central in Ocoee, Florida. Donald Willis, M.D. (Dr. Willis), was requested by NICA to review the medical records for Bentley. In a report dated March 9, 2015, Dr. Willis described his findings in pertinent part as follows: Fetal heart rate (FHR) monitor tracing during labor was reviewed. The FHR pattern was reactive and did not suggest fetal distress. Delivery was by spontaneous vaginal birth. Birth weight was 3,327 grams (7 lbs 5 oz’s). There was a loose nuchal cord. The newborn was not depressed. Apgar scores were 9/10. No resuscitation was required. Newborn exam noted “ear shape tilt down.” Otherwise, newborn exam was normal. The baby was not in distress. Newborn hospital course was benign. Discharge home was on DOL 2. Right-sided weakness was noted at 6 months of age. MRI showed an old cerebral infarct. Coagulation evaluation was negative. The child was subsequently diagnosed with spastic hemiplegia and developmental delay. Follow up MRI’s showed remote insult of left middle cerebral artery and resulting encephalomalacia. In summary, labor and delivery were apparently without complications. Delivery was by spontaneous vaginal birth. The baby was not depressed. Apgar scores were 9/10. The newborn hospital course was benign with discharge home on DOL 2. The child was found to have a cerebral infarct at 6 months of age. The infarct does not appear to be related to a hypoxic event or trauma during labor, delivery or the immediate post-delivery period. A review of the file reveals that no contrary evidence was presented to dispute Dr. Willis’ finding that while Bentley was found to have a cerebral infarct at 6 months of age, Bentley’s injuries were not related to a hypoxic event or trauma during labor, delivery or the immediate post-delivery period. Dr. Willis’ opinion is credited. The Petition was filed on January 20, 2015, which is more than five years after Bentley’s birth.
The Issue The issue to be determined is whether the infant, Cory M. Irvin (Cory), suffered a birth-related neurological injury as that term is defined by section 766.302, Florida Statutes (2016).
Findings Of Fact On July 10, 2016, Coral Perdomo gave birth to a baby boy named Cory. Both the Amended Petition and the Discharge Summary from Winnie Palmer list Cory’s birth weight as 1,552 grams.
Findings Of Fact Colton Whitmire was born on July 4, 2012, at Holmes Regional Medical Center in Melbourne, Florida. He was a single gestation. NICA attached to its motion a Certification of Medical Records signed by Dawn Brewer, Client Service Representative from Holmes Regional Medical Center, and a one-page medical record for Colton. The medical record shows that Colton was a single gestation and his birth weight was less than 2,500 grams. A review of the file reveals that no contrary evidence was presented to dispute the medical record from Holmes Regional Medical Center showing that Colton’s birth weight was less than 2,500 grams.
