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FLORIDA BIRTH-RELATED NICA v. FERGUSON

No. 2D02-285.

869 So.2d 686 (2004)

FLORIDA BIRTH-RELATED NEUROLOGICAL INJURY COMPENSATION ASSOCIATION, Appellant, v. Maria FERGUSON and Garry Ferguson, on behalf of and as parents and natural guardians of Casey Ferguson, a minor; and Lenore McCall, C.N.M., Appellees.

District Court of Appeal of Florida, Second District.

April 2, 2004.

Attorney(s) appearing for the Case

Wilbur E. Brewton and Kelly B. Plante of Brewton, Plante & Plante, P.A., Tallahassee, for Appellant.

Sylvia H. Walbolt, Robert E. Biasotti, and Hunter W. Carroll of Carlton Fields, P.A., St. Petersburg; and David H. Gold of Goldfarb, Gold, Gonzalez & Wald, P.A., Miami, for Appellees Maria and Garry Ferguson.

No appearance for Appellee Lenore McCall, C.N.M.

DAVIS, Judge.

The Florida Birth Related Neurological Injury Compensation Association (NICA) challenges the final order of the Division of Administrative Hearings (DOAH), which held that because certain of the health care providers failed to give sufficient notice of the applicability of the Florida Birth-Related Neurological Injury Compensation Plan (the Plan), see § 766.301.316, Fla. Stat. (1997), the health care providers are not entitled to the statutory...

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