Florida lawyers have filed a lawsuit on behalf of children who are supposed to be compensated pursuant to a well intentioned by awful program Florida has for children with birth injuries. The purpose of Florida Birth-Related Neurological Injury Compensation Association (NICA) is to compensate children with birth injuries. This statutory scheme, which was created 20 years ago in Florida, also insulates doctors from medical malpractice in many of the most significant medical malpractice cases in Florida. This means if you have a cerebral palsy case in Florida, you have little chance of getting compensation for the child. Virginia has a similar scheme that is just as awful.
According to the recently certified class-action lawsuit, parents have been misinformed about their rights, and NICA has refused to make payments. So not only are children who are suffering the most egregious injuries not being fairly compensated, but they are also – at least according to this lawsuit – being victimized by the very law that takes their rights away.