Florida Parents Whose Children Died of Brain Injuries to Get $150,000 Stipends

children died of brain injuries Florida Parents Birth-Related Neurological Injury Compensation Association NICA Program florida NICA stipends NICA children obstetrics malpractice crisis Gov. Ron DeSantis Ruth Jacques Florida's Health Department NICA Funding

By Lili Scott , Parent Herald Mar 17, 08:58 am

Photo: (Photo : ABDULAZIZ KETAZ/AFP via Getty Images)

Lawmakers in Florida have voted to give parents whose children died of brain injuries $150,000 stipends after they were dropped from the state program called Birth-Related Neurological Injury Compensation Association or NICA.

For months, ProPublica ran a series of stories involving the families in Florida's NICA Program who were unable to receive the help they expected. While many NICA children got their stipends, several families were also left out because their kids passed away.

The parents whose children died of brain injuries said that they still deserved the stipends because they spent a lot of money to keep their children alive. Worse, the parents also complained that the NICA stipends were either "delayed, denied or deficient."

What is the NICA?

Following an obstetrics malpractice crisis in Florida in the 1980s, the state created the NICA Program in the late 1980s. This initiative was aimed at promoting better health services for expectant mothers. It was also established to enable children with injuries at birth to receive medical care that will not be a financial burden on the adults that care for them.

NICA is considered a statutory organization that relies on state funds for the care of these kids with neurological injuries. Obstetricians who take part in the NICA program also pay up to $5,000 a year which grants them immunity from malpractice lawsuits. Hospitals in Florida also contribute to the program for every live birth.

As a result of its operation, NICA attained over $1.7 billion in assets. The program was initially planned for lifetime support and care but changes were undertaken in recent years that removed the benefit for some families.

However, the expose published in the papers ushered reforms awaiting the signature of Gov. Ron DeSantis, which was proposed in 2021. Apart from the $150,000 stipends parents whose children died of brain injuries could also receive a $40,000 death benefit.

Families whose kids remain in mental health care will also see a $10,000 increase in its yearly stipend. The beneficiaries may also receive additional subsidies for home and vehicle modifications to accommodate the special needs of the children, according to Miami Herald.

The Law is Long Overdue

Mom Ruth Jacques from Orlando said that this latest action from the lawmakers has been long overdue. Jacques lost her son in 2018 and wasn't able to benefit from the NICA program. Yet she has actively advocated for the reforms to give hope for many families whose lives are rife with stress, trauma, fear and desperation. However, given the recent developments, she has hope for other families and future children who might need this type of benefit.

Meanwhile, a supplement to these reforms is another bill outlining how the Florida's Health Department has also can complement NICA's funding process from doctors, given that more than $14.4 million have gone delinquent since 2016. The proposal has passed in the House and Senate and is also awaiting approval from Florida's governor.