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FLA BIRTH RELATED NEURO. v. DIV. ADMIN.

No. 94-2368.

664 So.2d 1016 (1995)

FLORIDA BIRTH RELATED NEUROLOGICAL, etc., Appellant, v. FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS, etc., et al., Appellee.

District Court of Appeal of Florida, Fifth District.

Order Denying Rehearing December 15, 1995.

Attorney(s) appearing for the Case

Samuel P. Bell, III, of Cobb, Cole and Bell, and W. Douglas Moody, Jr., of Taylor, Brion, Buker & Greene, Tallahassee, for Appellant.

Christopher L. Nuland, Florida Medical Association, Jacksonville, for Amicus Curiae, Florida Medical Association, Inc.

Larry Sands, of Sands, White & Sands, P.A., Daytona Beach, for Appellees.

HARRIS, Judge.

The issue on appeal is whether the hearing officer erred in his construction and application of the definition of a "birth-related neurological injury" as provided in section 766.302(2), Florida Statutes.

Eric Ryan Birnie (Eric) was born to Judith and Fred Birnie (the Birnies) on March 12, 1989 at Halifax Hospital in Daytona Beach. As a result of birth related events causing oxygen deprivation, Eric suffered a focal injury to the basal ganglia...

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