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SHEINA CARABALLO AND LUIS GOTAY, AS PARENTS AND NATURAL GUARDIANS OF LEINA GOTAY, A MINOR vs FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, 20-003361N (2020)
Division of Administrative Hearings, Florida Filed:Jacksonville, Florida Jul. 20, 2020 Number: 20-003361N Latest Update: Nov. 16, 2024

Findings Of Fact Based on the Stipulation of the Parties, the following facts are found: Petitioners are the parents and legal guardians of Leina Gotay (Leina), and are the “Claimants” as defined by section 766.302(3). Leina incurred a “birth-related neurological injury” as that term is defined in section 766.302(2). At birth, Leina weighed 2,750 grams. B. Vereen Chithriki, M.D., rendered obstetrical services in the delivery of Leina and, at all times material to this proceeding, was a “participating physician” as defined in section 766.302(7). Baptist Medical Center South is a hospital located in Jacksonville, Florida, and is the “hospital” as that term is defined in section 766.302(6), where Leina was born. Petitioners filed a Petition for Benefits pursuant to section 766.305, seeking compensation from NICA, and that Petition for Benefits 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).

Florida Laws (5) 766.301766.302766.305766.31766.311 DOAH Case (1) 20-3361N
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