Shands Jacksonville Medical Center, Inc., and University of Florida Board of Trustees v. Jennifer Chavez and Marlon Chavez, as Parents and Natural Guardians of G.C., a Minor Child, and Florida Birth-Related Neurological Injury Compensation Association

Summary

The First District Court of Appeal of Florida denied motions for rehearing and related relief, withdrew its December 11, 2024 opinion, and substituted an opinion dismissing the proceeding based on the appellants’ notice of voluntary dismissal. The case concerned whether healthcare-provider intervenors could obtain appellate review of an administrative law judge’s determination under Florida’s Birth-Related Neurological Injury Compensation Plan. Judge Tanenbaum concurred in the result and discussed standing, separation of powers, and the limits of the Division of Administrative Hearings’ jurisdiction.

Holdings

1. The court dismissed the proceeding after reconsidering the appellants' notice of voluntary dismissal.
2. In the concurring opinion, Judge Tanenbaum concluded that Shands and the University of Florida lacked standing because they could not demonstrate cognizable harm from the administrative order.
3. In the concurring opinion, Judge Tanenbaum concluded that the administrative law judge's authority under the Plan was limited to adjudicating claims for compensation affirmatively filed by claimants and did not extend to issuing a binding determination concerning a future medical-malpractice action after the compensation claim had been withdrawn.
4. In the concurring opinion, Judge Tanenbaum concluded that the 1998 amendments did not abrogate McKaughan's core holding limiting ALJ authority to claims affirmatively seeking compensation under the Plan.

Questions Presented

1. Whether the proceeding should be dismissed based on the appellants' notice of voluntary dismissal.
2. Whether intervening healthcare providers had standing and suffered cognizable harm sufficient to invoke the district court's direct-review jurisdiction over the administrative order.
3. Whether an administrative law judge may conclusively determine, absent a live claim for compensation under the Plan, whether an infant's injury is a birth-related neurological injury for purposes of barring a future medical-malpractice action.
4. Whether the 1998 amendments to the Plan statutes abrogated the core holding of Florida Birth-Related Neurological Injury Compensation Association v. McKaughan.

Disposition

dismissed