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FL H1437

CL

Status

Failed

4/30/2010

Primary Sponsor

Bill Galvano

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Awards $25,023,212.92 to Daniel and Amara Estrada as compensation for the wrongful birth of their son Caleb Estrada resulting from medical negligence by University of South Florida geneticist Dr. Boris Kousseff.

  • Payment is to be made exclusively or to the maximum extent possible from insurance proceeds, including the University of South Florida's $3,000,000 self-insurance fund through Health Science Insurance Company and $15,000,000 in reinsurance from Lloyds of London.

  • Dr. Kousseff failed to diagnose Smith-Lemli-Opitz syndrome in the Estradas' first child, Aiden, and incorrectly assured the parents they could have normal children, leading them to conceive Caleb who was born with the same genetic disorder on November 18, 2004.

  • The jury verdict awarded $23,553,000 for Caleb's lifetime care needs, with the University of South Florida assigned 90 percent liability for the wrongful birth.

  • Limits attorney's fees, lobbying fees, costs, and related expenses to no more than 25 percent of the total award amount.

Legislative Description

Relief/Estrada/USF Board of Trustees

Last Action

Died in Committee on Civil Justice & Courts Policy (CCJP)

4/30/2010

Committee Referrals

Civil Justice & Courts Policy3/10/2010

Full Bill Text

No bill text available