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MACRI v. CLEMENTS AND ASHMORE, P.A.

No. 1D07-5818.

15 So.3d 762 (2009)

Joni MACRI, Nicodemo (Nic) Macri, and The Estate of Jena Macri, Deceased, Appellants, v. CLEMENTS AND ASHMORE, P.A., d/b/a North Florida Women's Care, David O'Bryan, M.D., Rachel Depart, CNM, and Florida Birth-Related Neurological Injury Compensation Association, Appellees.

District Court of Appeal of Florida, First District.

July 16, 2009.

Attorney(s) appearing for the Case

Donald M. Hinkle, of Hinkle and Foran, Tallahassee, for Appellants.

Wilbur E. Brewton, General Counsel, Kelly B. Plante, and Tana D. Storey, of Brewton Plante, P.A., Tallahassee, for Appellee Florida Birth-Related Neurological Injury Association.

Dennis Jackson Martin & Fontela, P.A., Tallahassee, and Carr, Allison, Pugh, Howard, Oliver & Sisson, Tallahassee, and Mark Hicks, Dinah Stein, and Erik P. Bartenhagen, of Hicks, Porter, Ebenfeld & Stein, Miami, for Appellees Clement and Ashmore, P.A., d/b/a North Florida Women's Care, and David O'Bryan, M.D., and Rachel Depart, CNM.

ALLEN, J.

The appellants challenge a summary judgment entered for the appellees on wrongful death claims with allegations of medical negligence. Among other defenses, the appellees asserted that those claims are precluded by the exclusivity of remedy provision in the Florida Birth-Related Neurological Injury Compensation Plan, at section 766.303(2), Florida Statutes. The appellants maintained that the claims are allowed under...

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