Findings Of Fact On May 9, 2020, Petitioners filed a Petition for Benefits Pursuant to Florida Statute Section 766.301 et seq. for benefits pursuant to sections 766.301-766.316, otherwise known as the Plan. The baby was born on November 16, 2019, at Shands Lake Shore Regional Medical Center (Hospital). The circumstances of the labor, delivery, and birth of the minor child are reflected in the medical records provided by NICA in response to the Petition. In the instant case, NICA has retained Donald C. Willis, M.D., as its medical expert specializing in maternal-fetal medicine. Dr. Willis’s medical report was attached to the Motion as Exhibit 1. Upon examination of the pertinent medical records, Dr. Willis opined: Based on available medical records, there was an apparent obstetrical event that may have resulted in some possible degree of oxygen deprivation during the birth process. However, any oxygen deprivation that may have occurred did not result in identifiable brain injury. It is likely the subdural and subgaleal hematomas resulted from failed vacuum application and not related to brain injury. Additionally, NICA retained Raj Sheth, M.D., as its medical expert specializing in Pediatric Neurology. Dr. Sheth’s medical report was attached to the Motion as Exhibit 2. Upon examination of the pertinent medical records and performance of an independent medical examination, Dr. Sheth opined: Willows’ neurological examination reveals mild gross motor delays for expected age. There was no evidence of generalized hypotonia or hypertonia. The remainder of her neurological examination was normal for age. She was thought to have moderate HIE in the immediate neonatal course. Her head circumference is growing appropriately. PT and OT evaluation expected good prognosis. Currently, Willow is making constant ongoing progress, although the family notes this is slower than for her 4-year-old brother. The neurologic examination and developmental examination indicate that she has mild developmental delays and subtle hand preferences where she uses both hands but tends to prefer her right hand more than the left. At this point she does not demonstrate significant mental or physical impairments. Her EEG post cooling was normal. Her head ultra-sound was normal. Her head MRI was normal and showed no evidence of IE or hemorrhage. The medical reports of Dr. Willis and Dr. Sheth are the only evidence of record relating to the issue of whether the subject claim is compensable as defined by the statute. The Petition, along with the unrebutted medical reports of Dr. Willis and Dr. Sheth, establishes that there are no genuine issues of material fact regarding the compensability of this claim.
