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PEDIATRIX MEDICAL GROUP OF FLA. v. FALCONER

No. 4D09-3584.

31 So.3d 310 (2010)

PEDIATRIX MEDICAL GROUP OF FLORIDA, INC., Pediatrix Medical Group, Inc., Marga Figueroa-Marquez, M.D., Educardo Otero, M.D., Galdino Silva-Neto, M.D., and Luciano Tanfulla, M.D., Petitioners, v. Mia FALCONER, a minor, by and through Cassandra Robles and Marlando Falconer, her parents and natural guardians, Cassandra Robles, individually and as parent of Mia Falconer and Marlando Falconer, individually and as parent of Mia Falconer, Respondents.

District Court of Appeal of Florida, Fourth District.

April 7, 2010.

Attorney(s) appearing for the Case

Nancy W. Gregoire of Kirschbaum, Birnbaum, Lippman & Gregoire, PLLC, and Thomas C. Heath of Heath & Carcioppolo Chartered, Fort Lauderdale, for petitioners.

Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, for respondents.

David W. Black and Marc A. Silverman of Frank, Weinberg & Black, P.L., Plantation, for Amicus Curiae Florida Birth-Related Neurological Injury Compensation Association.

HAZOURI, J.

Pediatrix Medical Group of Florida, Inc., and several neonatologist doctors individually (Pediatrix), petition for certiorari review to quash a trial court order which denied their motion for summary judgment. Pediatrix argues they are immune from suit under the exclusiveness of remedy provision of the Florida Neurological Birth-Related Injury Compensation Plan (NICA or "the plan"). § 766.303(2), Fla. Stat. (2009) (explaining that rights and remedies...

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