Findings Of Fact Jayden was born on September 20, 2011, at Jackson North Medical Center. The subject Petition was filed on June 25, 2018, which is more than five years after Jayden’s birth. Dr. Vaunrance Benjamin was the physician providing obstetric services and who was present at Jayden’s birth. Attached to Respondent’s Motion is the affidavit of Respondent’s Record’s Custodian, Tim Daughtry. Mr. Daughtry attests in his affidavit that, in 2011, Dr. Benjamin did not pay the five thousand dollar ($5,000.00) assessment prescribed in section 766.314(4)(c), Florida Statutes, required for participation in the Plan. Mr. Daughtry’s affidavit further provides that Respondent has no records to suggest that Dr. Benjamin is otherwise exempt from payment. To the contrary, Dr. Benjamin paid the two hundred fifty dollar ($250.00) assessment required by section 766.314(4)(b)1. for non- participating, non-exempt licensed physicians. Dr. Benjamin was not a participating physician in the Plan at the time of Jayden’s birth.
Findings Of Fact By stipulation filed October 5, 1993, petitioners and respondent stipulated as follows: COMES NOW, Jorge Soto and Anahi Soto, as natural guardians of Ana Marie Soto, a minor, and the Respondent, Florida Birth-Related Neurological Injury Compensation Association, by and through their undersigned attorneys and hereby stipulate to the following matters of record as evidenced by Claimant's Petition for Benefits, the medical records of the Claimants, and the affidavit of the Association's Records Custodian, Judy Duell, and hereby stipulate as follows: That the Petitioner filed a claim for compensation ("Petition") on May 21, 1992. That the Petition relates to the birth of ANA MARIE SOTO, which occurred on March 4, 1990, at Jackson North Maternity Hospital, Miami, Dade County, Florida. That the medical doctor providing obstetric services during the birth of Ana Marie Soto on March 4, 1990 was Dr. Alvaro Gordo, M.D. That a review of the records of the Respondent as evidenced in the Duell affidavit clearly indicates that as of March 4, 1990, Dr. Alvaro Gordo, M.D. was not a participating physician within the meaning of Section 766.301(7) and Section 766.314(c), Fla. Stat. (1991). WHEREFORE, the parties stipulate to the matters above for the purpose of providing a factual predicate upon which the Court may dispose of this claim without resort to further proceedings.
Findings Of Fact The Petition named Dr. Bankert as the physician providing obstetric services at Gavin's birth on June 30, 2009. Attached to the motion is an affidavit of NICA's custodian of records, Tim Daughtry, attesting to the following, which has not been refuted: One of my official duties as Custodian of Records is to maintain NICA's official records relative to the status of physicians as participating physicians in the Florida Birth-Related Neurological Injury Compensation Plan who have timely paid the Five Thousand Dollar ($5,000.00) assessment prescribed in Section 766.314(4)(c), Florida Statutes, and the status of physicians who may be exempt from payment of the Five Thousand Dollar ($5,000.00) assessment pursuant to Section 766.314(4)(c), Florida Statutes. Further, I maintain NICA's official records with respect to the payment of the Two Hundred Fifty Dollar ($250.00) assessment required by Section 766.314(4)(b)1., Florida Statutes, by all non-participating, non-exempt physicians. * * * As payments of the requisite assessments are received, NICA compiles data in the "NICA CARES" database for each physician. The "NICA CARES physician payment history/report" attached hereto for Dr. Glenn Bankert indicates that in the year 2009, the year which Dr. Bankert participated in the delivery of Gavin King, as indicated in the Petitioner's [sic] Petition for Benefits, Dr. Bankert did not pay the Five Thousand Dollar ($5,000) assessment required for participation in the Florida Birth-Related Neurological Injury Compensation Plan. Further, it is NICA's policy that if a physician falls within the exemption from payment of the Five Thousand Dollar ($5,000) assessment due to their status as a resident physician, assistant resident physician or intern as provided in Section 766.314(4)(c), Florida Statutes, annual documentation as to such exempt status is required to be provided to NICA. NICA has no records with respect to Dr. Bankert in relation to an exempt status for the year 2009. To the contrary, the attached "NICA CARES physician payment history/report" shows that in 2009, Dr. Bankert paid the Two Hundred and Fifty Dollar ($250) assessment required by Section 766.314(4)(b)1., Florida Statutes, for non- participating, non-exempt licensed physicians. The NICA CARES statement attached to the affidavit of Mr. Daughtry supports the representations made in the affidavit. No party has offered any exhibits, affidavits or any other evidence refuting the affidavit of Mr. Daughtry, which shows that Dr. Bankert was not a participating physician in the Plan at the time of Gavin's birth. Petitioners have not requested additional discovery time, and Petitioners have not moved for leave to amend the Petition to name any additional physician as rendering obstetrical services in connection with Gavin's birth. Dr. Bankert was not a participating physician at the time of Gavin's birth on June 30, 2009.
