Florida’s Birth-Injury Claims Program to Face Federal Fraud Suit

Florida’s Birth-Related Neurological Injury Compensation Plan and the association that oversees it are facing potential False Claims Act liability because it’s not an arm of the state entitled to 11th Amendment immunity, the Eleventh Circuit said Thursday.

The plan, which provides the exclusive means for children who suffer neurological injuries at birth to recover compensation from medical providers, is a “person” for purposes of an FCA suit, the U.S. Court of Appeals for the Eleventh Circuit said in an unpublished opinion.

Florida lawmakers created the plan to reduce the number of obstetric medical malpractice lawsuits. Medical providers who pay into ...