CENTRAL FLORIDA REGIONAL HOSP., INC. v. WAGER

Nos. 86178, 86201.

672 So.2d 34 (1996)

CENTRAL FLORIDA REGIONAL HOSPITAL, INC., Petitioner, v. Paul WAGER, et al., Respondents. David C. MOWERE, etc., et al., Petitioners, v. Paul WAGER, et al., Respondents.

Supreme Court of Florida.

April 11, 1996.


Attorney(s) appearing for the Case

Michael C. Mattson and Pamela R. Kittrell of Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards, P.A., Fort Lauderdale, on behalf of Central Florida Regional Hospital, Inc., d/b/a Central Florida Regional Hospital; and Hector A. More and Gregory A. Fencik of Taraska, Grower & Ketcham, P.A., Orlando, on behalf of David C. Mowere, M.D., David C. Mowere, M.D., P.A., Mid-Florida OB-GYN Specialist and Phillips, Ravelo & Mowere, M.D., P.A., for Petitioners.

Nolan Carter of the Law Offices of Nolan Carter, P.A., Orlando, on behalf of Paul Wager and Wendy Wager, as Personal Representatives of the Estate of Henry Paul Wager, III, a deceased minor, for Respondents.

Bruce Culpepper and William E. Whitney of Pennington & Haben, P.A., Tallahassee, for Florida Birth-Related Neurological Injury Compensation Association, Amicus Curiae.


PER CURIAM.

We have for review a decision of the Fifth District passing upon the following question certified to be of great public importance:

DOES AN ADMINISTRATIVE HEARING OFFICER HAVE EXCLUSIVE JURISDICTION TO DETERMINE WHETHER AN INJURY SUFFERED BY A NEWBORN 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, FLORIDA STATUTES...

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