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Eligibility & Benefits

The Florida Birth-Related Neurological Injury Compensation Plan (“Plan”) is an example of provisions of Florida law that is working. Known as NICA, the Plan provides a wide range of benefits to a child who has sustained a brain or spinal cord injury caused by oxygen deprivation or mechanical injury during labor, delivery, or in the immediate post-delivery period. See: Section 766.302(2), Florida Statutes.


Acceptance into the Plan is determined by an Administrative Law Judge after a petition is filed with the Florida Division of Administrative Hearings. Once accepted by an order from the judge, the child is covered for lifetime, and no other compensation from a malpractice lawsuit is available. It is an exclusive compensation plan which is only available if there has not already been a settlement in a lawsuit. Instead, there are lifetime benefits and care available through the Plan.

General Criteria:
  • Injury to the spinal cord or brain

  • Infant born alive

  • Weight at birth must be at least 2500 grams at birth or 2000 grams in the case of multiple gestations

  • The injury must have been caused by oxygen deprivation or mechanical injury during labor, delivery or resuscitation immediately after delivery

  • Birth must occur in a hospital

  • The child must be permanently and substantially mentally and physically impaired

  • The Plan does not apply to genetic or congenital abnormalities.

  • There must be a participating physician, as defined in s. 766.302(7), Florida Statutes


Benefits include actual expenses for:
  • Medical

  • Hospital

  • Rehabilitation/Therapy/Training

  • Family residential or custodial care

  • Professional residential and custodial care and service

  • Drugs

  • Special Equipment and facilities

  • Related travel expenses

Not covered:

Expenses or reimbursement for items or services received or entitled to be received:
  • Under the laws of any state or the Federal Government

  • From any prepaid health plan or health maintenance organization

  • Under the provisions of any insurance policy or private insurance program
For more details see the Benefit Handbook.

All information on this website is intended for general informational purposes only and should not be considered legally binding, legal advice, nor substitute for obtaining legal advice from competent legal counsel. Although reasonable efforts are made to keep information on this site accurate, no guarantee is made as to its accuracy.

© 2006 The Florida Birth-Related Neurological Injury Compensation Association