Supreme Court of Florida

Robert Bennett v. St. Vincent’s Medical Center, Inc., Respondents; Florida…

July 7, 201171 So. 3d 828

Summary

The Supreme Court of Florida held that a "birth‑related neurological injury" must occur during labor, delivery, or resuscitation in the immediate post‑delivery period, and that the statutory rebuttable presumption of compensability applies only to claimants seeking benefits under the NICA Plan. Accordingly, the Court quashed the First District Court of Appeal’s decision and remanded for the lower court to affirm the administrative law judge’s finding that the infant’s injury was not compensable under the NICA Plan. A dissent argued that the First District’s decision did not conflict with controlling precedent and should have been discharged.