Appellate Victory Under Florida's Birth-Related Neurological Injury Compensation Act
Defense counsel was specially retained by an insurer for a physician who was denied coverage/immunity under Florida's Birth-Related Neurological Injury Compensation Act for failing to timely provide notice of his participation to the patient. After oral argument, the appellate court rendered a per curium affirmed decision as to all issues raised by the respective parties. The defense moved for a rehearing. After reviewing the motion, the appellate court agreed with the defense's position, withdrew its prior PCA decision, and issued a written opinion reversing as to the physician and remanding for further proceedings.