Findings Of Fact Based on all available evidence, the undersigned makes the following findings of fact. Mateo was born on July 10, 2019, at the Hospital located in Orlando, Florida. Petitioner filed the Petition with DOAH on August 28, 2019. DOAH then served a copy of the Petition on NICA on September 17, 2019. In reviewing the claim, NICA obtained medical records regarding Mateo’s birth. The medical records document that Mateo’s weight at birth was 2,365 grams. A review of the medical records submitted in this matter reveals no evidence disputing a finding that Mateo weighed under 2,500 grams at his delivery at the Hospital. Based on the evidence that Mateo weighed less than 2,500 grams at birth, NICA determined that Petitioner’s claim was not compensable. NICA subsequently filed a Motion for Summary Final Order asserting that Mateo did not suffer a “birth-related neurological injury” as defined by section 766.302(2).
Findings Of Fact On March 31, 2021, Petitioners filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. for benefits pursuant to sections 766.301-766.316, otherwise known as the Plan. The baby was born on May 5, 2020, at North Florida Regional Medical Center (Hospital), located in Gainesville, Florida. The circumstances of the labor, delivery, and birth of the minor child are reflected in the medical records provided by NICA in response to the Petition. In the instant case, NICA has retained Donald C. Willis, M.D., as its medical expert specializing in maternal-fetal medicine. Dr. Willis’s medical report was filed with the Division of Administrative Hearings (DOAH) on June 4, 2021. Upon examination of the pertinent medical records, Dr. Willis opined: In summary, labor was complicated by a non- reassuring FHR pattern prior to birth. However, the baby was not depressed at birth with Apgar scores of 7/8. Umbilical cord blood pH was >7.0 and base excess was <12. Resuscitation included stimulation and CPAP supplemental oxygen. The baby was transferred from delivery to the Well Baby Nursery. Seizure activity was observed on DOL 2, but may have been present since birth according to mother’s observations. EEG was consistent with encephalopathy and MRI findings concerning for hypoxic brain injury. Multi-system organ failures are generally seen with birth-related hypoxic injuries. However, this child did not suffer multi-system organ failures, suggesting the brain injury was not related [or] due to oxygen deprivation at birth. There was no apparent obstetrical event that resulted in brain injury due to loss of oxygen or mechanical trauma during labor, delivery or the immediate post-delivery period. Additionally, NICA retained Raj D. Sheth, M.D., as its medical expert specializing in Pediatric Neurology. Dr. Sheth’s medical report was also filed with DOAH on June 4, 2021. Upon examination of the pertinent medical records and performance of an independent medical examination, Dr. Sheth opined: In SUMMARY, Joseph’s neurological examination reflected mild delays in gross motor with scooting with left leg underneath him. He had no evidence of spasticity. His history and neonatal records indicated seizures and evidence of hypoxic ischemic encephalopathy, although the cause does not appear to be related to oxygen deprivation or mechanical injury occurring during labor, delivery or immediate post-delivery period. At the time of this examination and evaluation Joseph’s case indicates that he does not have substantial and permanent mental impairment and does not have substantial physical impairment. As such, Joseph Gibson would not qualify for compensation under the NICA program. The medical reports of Dr. Willis and Dr. Sheth are the only evidence of record relating to the issue of whether the subject claim is compensable as defined by the statute. The Petition, along with the unrebutted medical reports of Dr. Willis and Dr. Sheth, establishes that there are no genuine issues of material fact regarding the compensability of this claim.
Other Judicial Opinions Review of a final order of an administrative law judge shall be by appeal to the District Court of Appeal pursuant to section 766.311(1), Florida Statutes. Review proceedings are governed by the Florida Rules of Appellate Procedure. Such proceedings are commenced by filing the original notice of administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy, accompanied by filing fees prescribed by law, with the clerk of the appropriate District Court of Appeal. See § 766.311(1), Fla. Stat., and Fla. Birth-Related Neurological Injury Comp. Ass'n v. Carreras, 598 So. 2d 299 (Fla. 1st DCA 1992).
