The Florida District Court of Appeal has affirmed a decision regarding a case involving the Florida Birth-Related Neurological Injury Compensation Association (NICA). This ruling affects medical professionals and families dealing with neurological injuries resulting from childbirth. The court's decision was issued on October 2, 2026, under docket number 1D2025-1105.
In this case, Carol Lee Cantwell and Jennifer Lesowitz, both certified nurse midwives, appealed a prior ruling made by the Division of Administrative Hearings. The dispute centers around the compensation process for neurological injuries sustained by infants during birth. The outcome of this case is significant as it relates to the responsibilities of medical professionals and the rights of families seeking compensation for such injuries.
Background
The appellants in this case, Carol Lee Cantwell and Jennifer Lesowitz, are certified nurse midwives who provide care to expectant mothers and their newborns. They are appealing a decision made by the Florida Birth-Related Neurological Injury Compensation Association, which is a state program designed to provide compensation for certain birth-related neurological injuries. The appellees include Kodey Caliri and Rachel Teague, who are the parents of a minor child affected by the issues at hand.
The dispute arose from a claim made by Caliri and Teague regarding the compensation for their child's neurological injury. The parents sought compensation through NICA, which was established to streamline the process for families affected by such injuries. Cantwell and Lesowitz's involvement in the case comes from their role as medical providers in the delivery of the child.
The case was brought before the Division of Administrative Hearings, where a ruling was made that the appellants contested. This led to the appeal to the District Court of Appeal of Florida, where the court would review the lower court's decision and determine whether it should be upheld.
The Ruling
The court ruled to affirm the decision made by the Division of Administrative Hearings. The opinion was delivered per curiam, meaning it was issued by the court collectively rather than by a single judge. Judges M.K. Thomas, Lewis, and Treadwell concurred with the ruling.
While the court's opinion did not provide extensive details on the rationale behind the decision, it confirmed that the lower court's ruling was valid. The court stated, "AFFIRMED," indicating that they found no errors in the previous decision that warranted a reversal.
This ruling is significant as it reinforces the authority of the Florida Birth-Related Neurological Injury Compensation Association in handling claims related to birth-related neurological injuries. By upholding the decision, the court has supported the framework established by NICA for addressing such sensitive cases.
Impact
The affirmation of this ruling has several implications for medical professionals and families in Florida. For medical providers like Cantwell and Lesowitz, it underscores the importance of adhering to the guidelines and procedures set forth by NICA when dealing with birth-related injuries. It also highlights the legal protections available to families seeking compensation for neurological injuries sustained during childbirth.
Furthermore, this ruling may set a precedent for future cases involving NICA and similar claims. By affirming the lower court's decision, the appellate court has reinforced the processes in place for handling these sensitive matters, potentially impacting how future claims are evaluated and compensated. Families affected by neurological injuries will continue to rely on the framework established by NICA for support and compensation.
What's Next
Details were not available in the court filing regarding any potential for appeal. However, the ruling is not final until the disposition of any timely and authorized motion under Florida Rules of Appellate Procedure 9.330 or 9.331. It remains to be seen if the appellants will pursue further legal action or if any related cases will arise from this decision.