Bennett v. St. Vincent's Medical Center, Inc.

71 So. 3d 828, 2011 WL 2637444
CourtSupreme Court of Florida
DecidedJuly 7, 2011
DocketSC10-364, SC10-390
StatusPublished
Cited by28 cases

This text of 71 So. 3d 828 (Bennett v. St. Vincent's Medical Center, Inc.) is published on Counsel Stack Legal Research, covering Supreme Court of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bennett v. St. Vincent's Medical Center, Inc., 71 So. 3d 828, 2011 WL 2637444 (Fla. 2011).

Opinions

PARIENTE, J.

The issue in these consolidated cases is whether parents of a severely brain-damaged infant are precluded from suing in a court of law for the damages sustained by alleged malpractice and instead are re[833]*833quired to pursue limited compensation in an administrative forum provided by statute under the Florida Birth-Related Neurological Injury Compensation Plan (the NICA Plan). The narrow question is whether the First District Court of Appeal in St. Vincent’s Medical Center, Inc. v. Bennett, 27 So.3d 65 (Fla. 1st DCA 2009), interpreted the term “immediate postdeliv-ery period in a hospital,” as that term is used in the statutory scheme, too expansively. The parents (the Bennetts) and the Florida Birth-Related Neurological Injury Compensation Association (NICA), which administers the NICA fund, both assert that the First District interpreted that term too broadly so as to preclude the Bennetts from pursuing their common law remedies in court.1 We have jurisdiction on the basis of express and direct conflict with the Fifth District Court of Appeal’s decision in Orlando Regional Healthcare System, Inc. v. Florida Birth-Related Neurological, 997 So.2d 426 (Fla. 5th DCA 2008). See art. V, § 3(b)(3), Fla. Const. For the reasons that follow, we quash the decision of the First District below.

OVERVIEW

Tristan Bennett, the minor child of Robert and Tammy Bennett, is permanently and substantially brain damaged as a result of alleged medical malpractice on the part of William H. Long, M.D., and St. Vincent’s Medical Center, Inc., as well as other medical providers. In a narrow category of cases in which a “birth-related neurological injury” occurs, parents’ common law rights to sue on behalf of their children for medical malpractice are eliminated and replaced by an administrative remedy that provides limited compensation on a no-fault basis. “Birth-related neurological injury” is defined by statute as “injury to the brain ... caused cy oxygen deprivation ... occurring in the course of labor, delivery, or resuscitation in the immediate postdelivery period in a hospital, which renders the infant permanently and substantially mentally and physically impaired.” § 766.302(2), Fla. St it. (2001). The question presented is whetner, under the factual circumstances of this case, Tristan Bennett suffered a “birth-related neurological injury,” which would require the Bennetts to obtain limited compensation through the NICA Plan instead of full damages in a court of law. Tha t question can be answered only by interpreting the governing statutory provisions.

The First District held that the Ben-netts were limited to the administrative remedy provided by the NICA Plan, reversing the decision of the adm: listrative law judge (ALJ), who found tha; Tristan did not suffer a “birth-related necrological injury” as defined by the NICA Plan. See Bennett, 27 So.3d at 66. We con : ude that the First District’s statutory con struction analysis of the applicable statute was flawed in two separate ways.

First, the district court interpreted the phrase “immediate postdelivery period in the hospital” to mean “an extended period of days when a baby is delivered with a life-threatening condition and requires close supervision.” Id. at 70. Because the First District failed to read the phrase “immediate postdelivery period” as modifying “resuscitation,” the First District expanded the NICA Plan to cover infants beyond the limit contemplated by the express language of the statute. Second, the First District incorrectly held that under section 766.309(l)(a), Florida Statutes (2001), the rebuttable presumption of coverage under the NICA Plan applied to [834]*834benefit the defendants, even though the Bennetts were not making a claim for compensation under the NICA Plan. Accordingly, in reviewing the facts under the correct interpretation of the statute, we hold that the ALJ’s finding that Tristan did not sustain a “birth-related neurological injury” under the NICA Plan is supported by competent, substantial evidence.

FACTS AND PROCEDURAL HISTORY

Tristan Bennett was born on September 26, 2001, at St. Vincent’s Hospital in Jacksonville. The morning of her birth, her mother Tammy Bennett was involved in an automobile accident. Following the accident, the mother was transported to a nearby hospital in MacClenny, Florida, where fetal testing was performed. As a result of that testing, the decision was made to transport the mother by helicopter to St. Vincent’s Hospital. That same day, the mother declined into kidney failure and underwent a caesarean section performed by Dr. Long, her obstetrician.

The operation began at 1:16 p.m. and the baby, Tristan, was delivered at 1:22 p.m. Evidence of a partial placental abruption was noted. According to the hospital records, after delivery, Tristan did not cry, had minimal respiratory effort, and required resuscitation “with bulb, free flow oxygen, mechanical suction, and bag and mask ambu.” Tristan had an Apgar score2 of 6 at one minute and a score of 8 at five minutes, which was considered normal. Cord blood gas revealed profound metabolic acidosis. Tristan was initially transferred to the newborn nursery at 1:45 p.m., but then at 2:10 p.m., she was transferred to the special care nursery due to moderate respiratory distress and metabolic acidosis. Her respiratory distress and metabolic acidosis resolved fairly quickly, and by 9:30 p.m. her respiration was noted as unlabored. Tristan remained in the special care nursery.

After Tristan’s initial problems were resolved, she suffered from numerous conditions in the week following her birth, many of which were linked to kidney and liver damage. However, there is no indication of any ongoing treatment for respiratory distress and no other resuscitative efforts. The physician progress notes during this time did not document any neurological damage, but instead noted that “neuro” was “grossly intact.” No neurological abnormalities were noted, and no request for a consultation by a pediatric neurologist was made.

On October 3, 2001, seven days after her birth, Tristan suffered from a pulmonary hemorrhage, was not breathing at times, and had a large amount of frank blood coming from her mouth. Her heart rate was extremely low, and her oxygen satu-rations were very low. She remained in very unstable condition most of the day. By the end of the day, Tristan showed signs of possible neurologic abnormalities, including the likely onset of seizure activity. On October 4, after more possible seizures and central nervous system tremors were noted, an electroencephalogram (EEG) and computerized tomography scan (CT) were ordered. A pediatric neurologist was consulted on October 5. Testing conducted later showed likely neurological damage, including “multicystic encelphalo-malacia of the cortex.” Tristan’s EEGs were also abnormal, suggesting diffuse ce[835]*835rebral dysfunction. Tristan suffered permanent and substantial neurological damage.

The Bennetts filed suit in circuit court against their obstetrician, William H. Long, his professional association, St. Vin cent’s Hospital, and numerous other defendants. The trial court abated the circuit court proceedings for a determination by the Division of Administrative Hearings as to whether the infant’s injuries qualified for coverage under the NICA Plan.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

BRITO, GARCIA v. CITIZENS PROPERTY INSURANCE CORPORATION
District Court of Appeal of Florida, 2025
John Eugene Williams, III v. State of Florida
244 So. 3d 356 (District Court of Appeal of Florida, 2018)
Juan A. Salinas v. Sue Ann Ramsey
Supreme Court of Florida, 2018
State of Florida, Department of Health v. Bayfront HMA Medical Center, LLC etc.
236 So. 3d 466 (District Court of Appeal of Florida, 2018)
Glenda Martinez Smith v. J. Alan Smith
224 So. 3d 740 (Supreme Court of Florida, 2017)
Butner v. State
217 So. 3d 1162 (District Court of Appeal of Florida, 2017)
Searcy, Denney, Scarola, Barnhart & Shipley, etc. v. State of Florida
209 So. 3d 1181 (Supreme Court of Florida, 2017)
The Realty Associates Fund Ix, L.P. v. Town of Cutler Bay
208 So. 3d 735 (District Court of Appeal of Florida, 2016)
Ronald Williams v. State of Florida
186 So. 3d 989 (Supreme Court of Florida, 2016)
Alachua County v. Expedia, Inc.
175 So. 3d 730 (Supreme Court of Florida, 2015)
J.D. v. Florida Department of Children & Families
114 So. 3d 1127 (District Court of Appeal of Florida, 2013)
Glass v. Captain Katanna's, Inc.
950 F. Supp. 2d 1235 (M.D. Florida, 2013)
Maradiaga v. United States
679 F.3d 1286 (Eleventh Circuit, 2012)
University of Miami v. Exposito ex rel. Gonzales
87 So. 3d 803 (District Court of Appeal of Florida, 2012)

Cite This Page — Counsel Stack

Bluebook (online)
71 So. 3d 828, 2011 WL 2637444, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bennett-v-st-vincents-medical-center-inc-fla-2011.