FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Petitioner,
v.
Jaimes McKAUGHAN and Darlene McKaughan, as Parents and Natural Guardians of Michael McKaughan, a Minor Child, and Jaimes McKaughan and Darlene McKaughan, Individually, Respondents.
HUMANA OF FLORIDA, INC., d/b/a/ Humana Women's Hospital—Tampa and William L. Capps, M.D., et al., Petitioners,
v.
Jaimes McKAUGHAN and Darlene McKaughan, as Parents and Natural Guardians of Michael McKaughan, a Minor Child, and Jaimes McKaughan and Darlene McKaughan, Individually, Respondents.
Kenneth SOLOMON, M.D., et al., Petitioners,
v.
Jaimes McKAUGHAN and Darlene McKaughan, as Parents and Natural Guardians of Michael McKaughan, a Minor Child, and Jaimes McKaughan and Darlene McKaughan, Individually, Respondents.
Supreme Court of Florida.https://leagle.com/images/logo.png
February 29, 1996.
February 29, 1996.
Attorney(s) appearing for the Case
Bruce M. Culpepper and William E. Whitney of Pennington & Haben, P.A., Tallahassee, for Florida Birth-Related Neurological Injury Compensation Association, Tallahassee.
Phillip D. Parrish of Stephens, Lynn, Klein & McNicholas, P.A., Miami, for Kenneth Solomon, M.D., et al.
Raymond T. Elligett, Jr. and Amy S. Farrior of Schropp, Buell & Elligett, P.A., Tampa, Randy J. Ogden, Timon V. Sullivan and Daneil M. McAulliffe of Gunn, Ogden & Sullivan, Tampa, and Ted R. Manry, III and Mark E. McLaughlin of Macfarlane, Ausley, Ferguson & McMullen, Tampa, for Humana for Florida, Inc., etc. and William L. Capps, M.D., etc.
Bruce S. Rogow and Beverly A. Pohl of Bruce S. Rogow, P.A., Fort Lauderdale, and Phillip H. Taylor of Taylor & Robinson, Palm Beach Gardens, for Respondents.
Supreme Court of Florida.
ANSTEAD, Justice.
We have for review the decision of the Second District passing upon the following question certified to be of great public importance:
DOES AN ADMINISTRATIVE HEARING OFFICER HAVE THE EXCLUSIVE JURISDICTION TO DETERMINE WHETHER AN INJURY SUFFERED BY A NEW-BORN INFANT DOES OR DOES NOT CONSTITUTE A "BIRTH-RELATED NEUROLOGICAL INJURY" WITHIN THE MEANING OF THE FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION PLAN, SECTIONS 766.301-.316...
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