Bennett, et al. v. St. Vincent’s Med. Center, Inc., et al.; FL Birth-Related Neurological Injury Compensation Assoc. v. St. Vincent’s Med. Center, Inc., et al.

Parents of a minor child sued defendants for the permanent and substantial brain injury of their child. The issue in these consolidated cases was whether the parents were precluded from suing in a court of law for damages sustained by alleged malpractice and instead were required to pursue limited compensation in an administrative forum provided by the statute under the Florida Birth-Related Neurological Injury Compensation Plan (NICA plan). The court held that because the First District failed to read the phrase "immediate postdelivery period" as modifying "resuscitation," the First District expanded the NICA plan to cover infants beyond the limit contemplated by the express language of the statute. The court also held that the First District incorrectly held that under section 766.309(1)(a), Florida Statutes, the rebuttable presumption of coverage under the NICA plan applied to benefit defendants, even though plaintiffs were not making a claim for compensation under the NICA plan. Accordingly, in reviewing the facts under the correct interpretation of the statute, the court held that the ALJ's finding that the child did not sustain a "birth-related neurological injury" under the NICA plan was supported by competent, substantial evidence. View "Bennett, et al. v. St. Vincent's Med. Center, Inc., et al.; FL Birth-Related Neurological Injury Compensation Assoc. v. St. Vincent's Med. Center, Inc., et al." on Justia Law