Bennett v. St. Vincent's Medical Center, Inc.

Because I conclude that the decision of the First District in St. Vincent’s Medical Center, Inc. v. Bennett, 27 So.Sd 65 (Fla. 1st DCA 2009), is not in express and direct conflict with the Fifth District’s decision in Orlando Regional Healthcare System, Inc. v. Florida Birth-Related Neurological, 997 So.2d 426 (Fla. 5th DCA 2008), I would discharge this case.

The First District’s holding in Bennett turned on its conclusion that the statutory scheme does “not preclude coverage if neurological damage becomes manifest” at a date later than “labor, delivery, or resuscitation in the immediate…