Findings Of Fact Luis Caraballo was born on July 2, 2005, at Arnold Palmer Hospital in Orlando, Florida. He was a single gestation. Based on his birth certificate, Luis weighed five pounds at birth. Five pounds equates to 2,267.96 grams. There is no dispute that Luis did not weigh at least 2,500 grams.
Findings Of Fact Based on all available evidence, the undersigned administrative law judge makes the findings of fact detailed below. Ashton was born on October 16, 2016, at the Hospital located in Brandon, Florida. Petitioners filed the Petition with DOAH on January 30, 2019. With the Petition, Petitioners produced certain medical records relevant to the claim. The medical records document that Ashton’s weight at birth was 2,420 grams. A review of the medical records submitted in this matter reveals no evidence disputing a finding that Ashton weighed under 2,500 grams at his birth. Based on the evidence that Ashton weighed less than 2,500 grams at birth, NICA determined that Petitioners’ claim was not compensable. NICA subsequently filed a Motion for Summary Final Order asserting that Ashton did not suffered a “birth- related neurological injury” as defined by section 766.302(2).
Findings Of Fact The parties have stipulated to the following facts. Iyonna Hugley was born on October 14, 2010, at 1950 hours at Wuesthoff Medical Center, Melbourne, Florida. Mark Sargent, M.D., provided obstetrical services during the delivery of Iyonna. Dr. Sargent is a participating physician in the Plan as defined in section 766.302(7). At birth, Iyonna weighed 2,347 grams and was delivered from a single gestation.
The Issue The issue to be determined is whether the infant, Scarlett T. Akomprah, suffered a birth-related neurological injury as defined by section 766.302(2), Florida Statutes (2017).
Findings Of Fact On March 21, 2018, at 10:29 a.m., Philomina Bentley gave birth to a baby girl. While the medical records describe her as “Baby Girl of Philomina-‘Testimony,’” the Petition identifies her as Scarlett T. Akomprah. However, the Petition also identifies the mother as Philomina Bentley, and identifies the date of birth as March 21, 2018, at 10:29 a.m., and the birth being that of a single baby. No evidence has been presented suggesting that the baby referenced as “Testimony” in the medical records is not the baby referenced as “Scarlett T.” in the Petition. For purposes of this Order, the baby is referenced as “Scarlett.” Scarlett was delivered at 26 weeks, 3 days gestation, and weighed 950 grams. The only evidence submitted was the affidavit regarding business records and the accompanying medical records for the infant.
Findings Of Fact Carmello Manuel-Edward Santiago was born on March 25, 2013, at Sacred Heart Hospital in Pensacola, Florida. He was a single gestation. Based on medical records from Sacred Heart Hospital, Carmello weighed 660 grams at birth. There is no dispute that Carmello did not weigh at least 2,500 grams at birth.
Findings Of Fact Jamyrah DeBose was born on March 27, 2014, at Putnam Community Medical Center in Palatka, Florida. She was a single gestation. NICA attached to its motion a certification of medical records signed by the Director of Medical Records from Putnam Community Medical Center, and a one-page medical record for Jamyrah. The medical record shows that Jamyrah was a single gestation and her birth weight was less than 2,500 grams. A review of the file reveals that no contrary evidence was presented to dispute the medical record from Putnam Community Medical Center showing that Jamyrah’s birth weight was less than 2,500 grams. It its Opposition to Respondent’s Motion for Summary Final Order, Intervenor acknowledged that Jamyrah weighed 2,240 grams at birth. Intervenor attached to its response in opposition to NICA’s Motion an affidavit of Frederick E. Harlass, M.D., who opined that the statutory requirement of a baby’s birth weight of 2,500 grams is unreasonable and arbitrary, especially in light of Petitioner’s small stature and pre-pregnancy weight of 125 pounds.
