Findings Of Fact Bryan was born on July 23, 2018, at Tampa Hospital located in Tampa, Florida. The Petition alleges that James Palmer, M.D., Peeraya Sawangkum, M.D., Adetola Fadeyini Louis-Jacques, M.D., Elizabeth Ann Hoover, M.D., and Christina Jean Carter, M.D., were the delivering physicians for Bryan’s birth. No evidence was presented to DOAH regarding whether these doctors were “participating physicians” under the Plan at the time Bryan was born. See § 766.302(7), Fla. Stat. Upon receiving the Petition, NICA retained Donald Willis, M.D., a board certified obstetrician/gynecologist specializing in maternal-fetal medicine, as well as Luis E. Bello-Espinosa, M.D., a pediatric neurologist, to review Bryan’s medical records and condition. NICA sought to determine whether Bryan suffered a “birth-related neurological injury” as defined in section 766.302(2). Specifically, NICA requested its medical consultants opine whether Bryan experienced an injury to the brain or spinal cord caused by oxygen deprivation or mechanical injury which occurred in the course of labor, delivery, or resuscitation in the immediate post-delivery period. And, if so, whether this injury rendered Bryan permanently and substantially mentally and physically impaired. Dr. Willis reviewed Bryan’s medical records and noted: The baby was depressed at birth... . Bag and Mask ventilation initiated for respiratory distress and subsequently intubated... . The baby was transferred to the NICU for respiratory distress. * * * The newborn hospital course was complicated and prolonged with discharge on DOL 63. Based on available medical records, there appears to be an apparent obstetrical event that resulted in oxygen deprivation to the brain during labor, delivery and continuing into the immediate post- delivery period. The oxygen deprivation appears to have resulted is [sic] some degree of brain injury. Dr. Willis, however, was “not able to comment on the severity of any injury.” Dr. Bella-Espinosa, on the other hand, did comment on the extent of Bryan’s brain injury. Dr. Bella-Espinosa reviewed Bryan’s medical records, as well as conducted an independent medical examination of Bryan on February 1, 2020. Dr. Bella-Espinosa opined, within a reasonable degree of medical probability: During today’s evaluation, Bryan has a completely normal neurological examination for his age, except for mild facial asymmetry as seen in child born with congenital Hypoplasia of the Depressor Angularis Oris Muscle, with normal development. Bryan is found to have no evidence of substantial physical impairment, and no evidence of substantial mental impairment at this time. There is no evidence of apparent residual neurological injury to the brain or spinal cord. The prognosis of full recovery is excellent. His estimated life expectancy is expected to be normal. Considering the clinical presentation, I do feel that there is not enough evidence to recommend Bryan is included in the NICA program. Based on the statements from Dr. Willis and Dr. Bella-Espinosa, NICA determined that Petitioners' claim was not compensable under section 766.302(2). As of the date of this Order, Petitioners have not responded to NICA’s Motion for Summary Final Order. A review of the documents in the record reveals no contrary evidence to dispute the findings and opinions of Dr. Willis and Dr. Bella-Espinosa. Their opinions are credible and persuasive.
