St. Vincents Medical Center v. Bennett
4 Fla. L. Weekly D 1716 (Fla. 1st DCA 2009) (August)
An Administrative Law Judge ruled that the plaintiffs’ child did not qualify for coverage by the Florida Birth-Related Neurological Injury Compensation Association. That law created a no-fault system that compensated families of children born with certain neurological problems outside of the tort system. The plaintiffs’ child was diagnosed with cerebral palsy and other neurological problems after birth, and the plaintiff’s brought suit against the delivering doctor and other defendants. The defendants asked the ALJ to apply the presumption of compensability contained in section 766.309(1)(a), Florida Statutes, but the ALJ ruled that only the claimant him or herself could apply for that presumption. The district court held that the presumption was triggered because the records established that the child suffered a neurological injury falling within the scope of the statutory requirements. It also held that the child did qualify for coverage under NICA, which it noted was intended to reduce malpractice costs for obstetricians. The district court opined that a medical provider could request this presumption since the intent of the law was to protect doctors.