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NAGY v. FLA. BIRTH-RELATED NEUROLOG. INJURY COMPENSATION ASSOCIATION

No. 4D00-4496.

813 So.2d 155 (2002)

Thomas NAGY and Dawn Nagy, as parents and natural guardians of Ava Katherine Nagy, a minor, Appellants, v. FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Susan Davila, M.D., and South Broward Hospital District, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 29, 2002.

Attorney(s) appearing for the Case

Wilbur E. Brewton, General Counsel, and Kelly B. Plante of Brewton, Plante & Plante, P.A., Tallahassee, for appellee Florida Birth-Related Neurological Injury Compensation Association.

Nancy W. Gregoire and George E. Bunnell of Bunnell, Woulfe, Kirschbaum, Keller, McIntyre & Gregoire, P.A., Fort Lauderdale, for appellee Susan Davila, M.D.

Ronald A. FitzGerald of Conrad & Scherer, LLP, Fort Lauderdale, for appellee South Broward Hospital District.

HAZOURI, J.

Thomas Nagy and Dawn Nagy, as parents and guardians of Ava Katherine Nagy, who died fourteen hours after birth, appeal from a final order entered by the Division of Administrative Hearings, determining that Ava suffered a "birth-related neurological injury" for which compensation is limited to that provided by the Florida Birth-Related Neurological Injury Compensation Plan ("the Plan"). Appellee, Florida Birth-Related Neurological Injury Compensation Association...

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