Attorney obtained a favorable appellate decision from reversing a final administrative order denying defendant hospital Florida Birth-Related Neurological Injury Compensation Act (NICA) benefits

Attorney obtained a favorable appellate decision from reversing a final administrative order denying defendant hospital Florida Birth-Related Neurological Injury Compensation Act (NICA) benefits. The underlying action involved a traumatic birth resulting in significant brain injury and resulting death at six days of age. The administrative law judge denied NICA benefits at trial. However, attonrey successfully argued that the ALJ erred in its interpretation of the applicable statute as a matter of law and that its findings were not supported by competent, substantial evidence. The court of appeals agreed on both counts and not only reversed the ALJ's decision but remanded with instructions to enter an order providing NICA benefits.