Florida Birth Injury Fund

[Judy-T]

I was at my doctors today and she reminded me of the fund that is set aside for babies that have been injured at birth. It is a state fund in Florida for babies that were injured and parents that have not been compensated legally. She said that every year when she renews her license or any doctor renews their license in the state of Florida they have to pay 200.00 into this fund. So, those of you in Florida might want to go to the state website to investigate this. I sure hope that this will help some of you. Here is the website http://www.nica.com/

Judy-T(49 ROBPI)

[F-Litz]

WOW : Judy - you made my day!! This is exactly what I was fighting for years ago.

I remember at UBPN at Lake George when we had that panel of attorneys and I brought up the concept of a fund for kids who didn't have positive legal results -- for them to take $200 for their share of each win and put it into a fund for those other kids.... and they laughed at me. Well it looks like someone did it and it's even the same amount! WOW! hahahaha

Thanks for sharing this -- you seriously made my day.

-francine

[Kath]

Judy

THANKS FOR POSTING THIS INFORMATION. Please thank you doctor for sharing this information with you, for us.
This is GREAT news and overdue!

Now I wonder how many other states do the same or will follow?

Notice how little publicity there is about this fund that would help so many and take the burden off the parents?

Kath

[Tuckersmommy]

Hi all...
I looked into this when my son was injured and there were some issues!Yes it's for nerve damage,but...it's only if the child suffered brain damage!!!I was floored
Things like cerbal palsy and lack of oxgen is all this would cover.It really upset us but were moving on..if anyone hears different please let me know...maybe the rep I spoke to was new or something(wishful thinking)
The news in my area announced that Aetna(which is our carrier)Is considering highly about dropping children due to some bill/rate increase ...I haven't invesgated to much because I'm scared to death to ...but it may be a possibility.That's the last thing we need right now
We just got a bill for 78,694.00 last week for our sons nerve draft surgery.Their talking about another one in his future.
Grant it we only have to pay 30% out of that 79k but still I couldn't imagine no insurance !!!!!
Just keep your ears pilled and let me know if y'all hear of anything new:)
Thanks and god bless you all....

[Judy-T]

This is what I copied from their website. I would definitely question them on this.
The Florida Birth-Related Neurological Injury Compensation Plan (“Plan”) is an example of provisions of Florida law that is working. Known as NICA, the Plan provides a wide range of benefits to a child who has sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor, delivery, or in the immediate post-delivery period. See: Section 766.302(2), Florida Statutes. This florida statute cannot be found when I click on it.
Acceptance into the Plan is determined by an Administrative Law Judge after a petition is filed with the Florida Division of Administrative Hearings. Once accepted by an order from the judge, the child is covered for lifetime, and no other compensation from a malpractice lawsuit is available. It is an exclusive compensation plan which is only available if there has not already been a settlement in a lawsuit. Instead, there are lifetime benefits and care available through the Plan.

General Criteria:
Injury to the spinal cord or brain


Infant born alive


Weight at birth must be at least 2500 grams at birth or 2000 grams in the case of multiple gestations


The injury must have been caused by oxygen deprivation or mechanical injury during labor, delivery or resuscitation immediately after delivery


Birth must occur in a hospital


The child must be permanently and substantially mentally and physically impaired


The Plan does not apply to genetic or congenital abnormalities.


There must be a participating physician, as defined in s. 766.302(7), Florida Statutes


Always remember that the person you are talking to may not know everything. I have learned this many times over.....
Good luck and I hope it can help. I would think it would fall under mechanical injury.

[F-Litz]

I guess that one can argue that it may be a spinal cord injury if they have an MRI showing a difference in the cord at the area of the injury.

[Ken. Levine]

The Florida Birth Injury fund was part of a very restrictive tort reform package put into law in Florida several years ago. The intent of the law was to lessen medical malpractice lawsuits. It may be the right choice for some people and not for others. If you do try to become part of the fund you lose your right to bring a lawsuit against the doctor or midwife that caused the injury. The "medical" payments are not controlled by you, but by an administrator You can expect a lifetime of argument about what is "necessary" care. You cannot just get any care you want and expect the fund to pay for it. Many of you fight constantly with your health insurer about the care they will or will not pay for. Under the law in most states there is an appeal process and you can sue you health insurer as a last resort. If you live in Florida and select the injury fund there is little you can do if they refuse to pay for certain care.

I know the fund sounds good, but in fact it has not worked well and most people have decided to decline the fund and reserve their right to file suit.

Again, the fund is an option that may be right for some people and not for others. If you live in Florida and are considering the fund you must be very careful and clearly understand the rules and limitations before giving up your right to legal action.

Ken Levine
617-56-2700
Klevine@Klevinelaw.com
www.Klevinelaw.com