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FLUET v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION

No. 2D00-914.

788 So.2d 1010 (2001)

Tracy A. FLUET, as parent and natural guardian of Tano Niles Jokela, a deceased minor, Appellant, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Appellee.

District Court of Appeal of Florida, Second District.

March 7, 2001.

Attorney(s) appearing for the Case

Jon C. Kieffer of Kieffer & Rahter, P.A., St. Petersburg, for Appellant.

Arthur J. England, Jr., and Paul C. Savage of Greenberg Traurig, P.A., Miami, for Appellee.

ALTENBERND, Judge.

Tracy A. Fluet, the mother of a deceased infant, sought compensation from the Florida Birth-Related Neurological Injury Compensation Association (NICA). The administrative law judge denied the claim, concluding that no obstetrical services were delivered by a participating physician at the birth. We reverse. A physician who authorizes the use of Pitocin during a delivery of a child has "delivered" obstetrical...

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