Findings Of Fact A’Mayah Whatley was born on May 20, 2016, at St. Petersburg General Hospital in St. Petersburg, Florida. She was a single gestation. NICA attached to its motion a certification of medical records signed by the Custodian of Records from St. Petersburg General Hospital, and a one-page discharge record for A’Mayah. The medical record shows that A’Mayah’s 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 St. Petersburg General Hospital showing that A’Mayah’s birth weight was less than 2,500 grams.
The Issue The issue to be determined is whether Brave suffered a “birth-related neurological injury,” as defined in section 766.302, Florida Statutes (2017).
Findings Of Fact On September 27, 2017, the Hospital admitted Brittany Quinley and she gave birth to a baby boy named Brave. The pre-delivery ultrasound, performed on September 26, 2017, estimated the fetal weight to be 2,539 grams. However, Brave weighed 2,486 grams at the time of his birth the next day.
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.
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. lst DCA 1992). The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.
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).