Conclusions This cause came on for consideration of the affidavit, filed January 10, 1995, amended affidavit, filed January 17, 1995, and the order of January 31, 1995, directing that the parties show good cause in writing, if any they could, as to why a summary final order of dismissal should not be rendered.
Other Judicial Opinions A party who is adversely affected by this final order is entitled to judicial review pursuant to Sections 120.68 and 766.311, Florida Statutes. Review proceedings are governed by the Florida Rules Of Appellate Procedure. Such proceedings are commenced by filing one copy of a notice of appeal with the Agency Clerk of The Division Of Administrative Hearings and a second copy, accompanied by filing fees prescribed by law, with the appropriate District Court of Appeal. See, Section 120.68(2), Florida Statutes, and Florida Birth-Related Neurological Injury Compensation Association v. Carreras, 598 So.2d 299 (Fla. ist DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
The Issue The issues in this case are whether Bill Duke, M.D.; Brenda Harris-Watson; and Lakeland Regional Medical Center provided notice as required by section 766.316, Florida Statutes, and whether Manuel M. Fiesta, M.D., and United Surgical Assistants were required to provide notice pursuant to section 766.316.
Findings Of Fact Elijah was born on May 1, 2010, at Lakeland Regional Medical Center in Lakeland, Florida. Elijah weighed 3,520 grams at birth. Donald Willis, M.D. (Dr. Willis), was requested by NICA to review the medical records for Elijah. In an affidavit dated June 19, 2013, Dr. Willis opined the following: In summary, there was a non-reassuring FHR pattern during labor. Cesarean delivery was done with delivery of a depressed newborn. The baby had low Apgar scores and a cord blood pH<7.0. The baby required resuscitation, including intubation and chest compressions. Hospital course was complicated by multisystem dysfunction. MRI was consistent with diffuse global hypoxic ischemic encephalopathy. There was an apparent obstetrical event that resulted in loss of oxygen to the baby's brain during labor, delivery and continuing into the immediate post delivery period. The oxygen deprivation resulted in brain injury. I am not able to comment about the severity of the brain injury. Raymond J. Fernandez, M.D., a pediatric neurologist specializing in pediatric neurology, was retained by NICA to examine Elijah. Dr. Fernandez examined Elijah on May 31, 2013. In an affidavit dated June 21, 2013, Dr. Fernandez opined as follows: There is ample evidence of substantial mental and motor (physical) impairment due to oxygen deprivation during labor and delivery. Elijah Theard has severe microcephaly that is indicative of poor brain growth and is a reliable predictor of permanent impairment. A review of the file does not show any contrary opinions to those of Dr. Willis and Dr. Fernandez. The opinions of Dr. Willis and Dr. Fernandez that Elijah did suffer a neurological injury due to oxygen deprivation or mechanical injury during labor and delivery and continuing into the immediate post-delivery period are credited. Dr. Fernandez's opinion that Elijah suffered substantial and permanent mental and physical impairment due to oxygen deprivation during labor and delivery is credited.
