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McGIBONY v. BIRTH-RELATED N. INJURY COMP. PLAN

Nos. 89-2569, 89-2593.

564 So.2d 177 (1990)

Dr. James T. McGIBONY, Dr. Joseph Von Thorn, Dr. Mark D. Ziffer and Dr. William Barfield, On Behalf of Themselves and All Others Similarly Situated, Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, Florida Birth-Related Neurological Injury Compensation Association, Tom Gallagher, in His Official Capacity As the Head of the Florida Department of Insurance and Laurence Gonzalez, in His Official Capacity As the Head of the Florida Department of Professional Regulation, Appellees. ASSOCIATION OF AMERICAN PHYSICIANS AND SURGEONS, INC., James F. Coy, M.D., Sidney R. Steinberg, M.D., and Claude A. Boyd, M.D., On Behalf of Themselves and All Others Similarly Situated, Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, Florida Birth-Related Neurological Injury Compensation Association, and Tom Gallagher in His Official Capacity As the Head of the Florida Department of Insurance, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied July 31, 1990.

Attorney(s) appearing for the Case

William H. Adams, III and Robert J. Winicki of Mahoney, Adams & Criser, P.A., and John E. Thrasher, Florida Medical Ass'n, Jacksonville, for appellants Dr. James T. McGibony, Dr. Joseph Von Thorn, Dr. Mark D. Ziffer and Dr. William Barfield.

Kent Materson Brown, Lexington, Ky. and Donna H. Stinson of Moyle, Flanigan, Katz & Fitzgerald, Tallahassee, for appellants Ass'n of American Physicians and Surgeons, Inc., James F. Coy, M.D., Sidney R. Steinberg, M.D. and Claude A. Boyd, M.D.

J. Riley Davis, Wilbur E. Brewton, and Kenneth D. Goldberg of Taylor, Brion, Buker & Greene, Tallahassee, for appellees Florida Birth-Related Neurological Injury Compensation Plan and Florida Birth-Related Neurological Injury Compensation Ass'n.

Thomas J. Maida and Patricia H. Malono of Karl, McConnaughhay, Roland & Maida, Tallahassee, for amicus curiae Doctors J. Thomas Atkins, Max Sugar, John A. Tirpak, and Marvin A. Perer.

Neil H. Butler, Tallahassee, for amicus curiae Ass'n of Voluntary Hospitals of Florida, Inc.

ALLEN, Judge.

Physicians licensed by the Florida Department of Professional Regulation brought actions against the appellees challenging the constitutionality of the funding prescribed for the Florida Birth-Related Neurological Injury Compensation Plan (Plan) created by Chapters 88-1 and 88-277, Laws of Florida. The physicians contended that since they did not provide obstetrical services they would receive no more benefit from the Plan than any other member of the...

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