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OFELIA SANTIAGO, INDIVIDUALLY AND ON BEHALF OF APRIL SANTIAGO, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 13-003880N (2013)
Division of Administrative Hearings, Florida Filed:Reddick, Florida Oct. 03, 2013 Number: 13-003880N Latest Update: Apr. 28, 2014

Findings Of Fact April Santiago was born on November 23, 2011, at Shands Teaching Hospital in Gainesville, Florida. April weighed in excess of 2,500 grams at the time of her birth. Donald Willis, M.D. (Dr. Willis), was requested by NICA to review the medical records of April. Based on his review of the medical records, Dr. Willis opined as follows: In summary, the mother presented to the hospital with an imminent delivery, which was complicated by a shoulder dystocia. The baby was depressed at birth, but recovered quickly. The umbilical cord blood pH of 7.19 was within normal limits and consistent with no significant hypoxia during labor or delivery. By DOL 2 the respiratory depression had resolved and the child was on room air and taking oral feedings. The baby was stable and would consider the post- delivery resuscitation period to be over. On DOL 5 the baby had a renal artery thrombosis, which caused a hypertensive crisis and resulted in cerebral hemorrhage and brain damage. There was no apparent obstetrical event that resulted in loss of oxygen or mechanical trauma to the baby’s brain or spinal cord during labor, delivery or the immediate post delivery period. The baby did have trauma at time of delivery, which included a fractured humerus and clavicle, but no trauma to the spine or brain. The baby was stable and would be considered out of the post-delivery resuscitation period when a renal artery thrombosis, hypertensive crisis and resulting cerebral hemorrhage occurred. A review of the file does not show any contrary opinion to Dr. Willis’ opinion that the claim is not compensable under the Plan. The opinion of Dr. Willis that April did not sustain a birth-related neurological injury is credited.

Florida Laws (9) 7.19766.301766.302766.303766.304766.305766.31766.311766.316
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MAGALY N. MARINEZ, ON BEHALF OF, AS MOTHER AND NATURAL GUARDIAN OF EMMANUEL JARED MARINEZ, A MINOR, DECEASED vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 03-002502N (2003)
Division of Administrative Hearings, Florida Filed:Winter Springs, Florida Jul. 11, 2003 Number: 03-002502N Latest Update: Jan. 20, 2004

The Issue Whether Emmanuel Jared Marinez, a deceased minor, suffered an injury for which compensation should be awarded under the Florida Birth-Related Neurological Injury Compensation Plan (Plan). If so, the amount and manner of payment of the parental award, the death benefit, the amount owing for attorney's fees and costs, and the amount owing for past expenses.

Findings Of Fact Findings related to compensability Magaly N. Marinez is the natural mother of Emmanuel Jared Marinez, a deceased minor. Emmanuel was born a live infant on December 26, 2001, at Orlando Regional South Seminole Hospital, a hospital located in Longwood, Florida, and his birth weight exceeded 2,500 grams. Emmanuel expired January 6, 2002, following removal from life support. The physician providing obstetrical services at Emmanuel's birth was Stephen Phillips, M.D., who, at all times material hereto, was a "participating physician" in the Florida Birth-Related Neurological Injury Compensation Plan, as defined by Section 766.302(7), Florida Statutes.1 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 . . . caused by oxygen deprivation . . . 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. See also §§ 766.309 and 766.31, Fla. Stat. Here, the parties have stipulated, and the proof is otherwise compelling, that Emmanuel suffered a severe brain injury caused by oxygen deprivation occurring in the course of labor, delivery, or resuscitation in the immediate postdelivery period in the hospital that rendered him permanently and substantially mentally and physically impaired and which, following removal from life support, resulted in death. Consequently, the proof demonstrates that Emmanuel suffered a "birth-related neurological injury" and, since obstetrical services were provided by a participating physician at birth, the claim is compensable. §§ 766.309(1) and 766.31(1), Fla. Stat. Findings related to the award Where, as here, it has been resolved that a claim qualifies for coverage under the Plan, the administrative law judge is required to make a determination of how much compensation should be awarded. § 766.31(1), Fla. Stat. Pertinent to this case, Section 766.31 provides for an award providing compensation for the following items: Actual expenses for medically necessary and reasonable medical and hospital, habilitative and training, family residential or custodial care, professional residential, and custodial care and service, for medically necessary drugs, special equipment, and facilities, and for related travel. However, such expenses shall not include: Expenses for items or services that the infant has received, or is entitled to receive, under the laws of any state or the Federal Government, except to the extent such exclusion may be prohibited by federal law. * * * 1. Periodic payments of an award to the parents or legal guardians of the infant found to have sustained a birth-related neurological injury, which award shall not exceed $100,000. However, at the discretion of the administrative law judge, such award may be made in a lump sum. Death benefit for the infant in an amount of $10,000. Reasonable expenses incurred in connection with the filing of a claim under ss. 766.301-766.316, including reasonable attorney's fees, which shall be subject to the approval and award of the administrative law judge . . . . At hearing, the parties agreed that Petitioner receive a parental award of $100,000.00, to be paid in lump sum; a death benefit for the infant of $10,000.00; an award of $10,500.00 for attorney's fees ($10,000.00) and other expenses ($500.00) incurred in connection with the filing of the claim; and no award for past expenses, since any such expenses have been paid by a collateral source. Such agreement is reasonable, and is approved.

Florida Laws (11) 120.68766.301766.302766.303766.305766.309766.31766.311766.312766.313766.316
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