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FL S0034

CL

Status

Failed

4/30/2010

Primary Sponsor

Dennis Jones

Click for details

Origin

Senate

2010 Regular Session

AI Summary

  • Appropriates $24,823,212.92 to Daniel and Amara Estrada as compensation for the wrongful birth of their son Caleb Estrada, to be paid by the University of South Florida primarily through insurance proceeds including potential bad-faith claims against Lloyds of London

  • Compensates parents for damages resulting from negligence by Dr. Boris Kousseff, Director of Medical Genetics at USF, who failed to diagnose Smith-Lemli-Opitz syndrome in their first child Aiden and failed to inform them of recurrence risks, leading them to conceive a second child with the same condition

  • Jury verdict found USF 90 percent liable for the wrongful birth of Caleb Estrada with care costs awarded at $23,553,000; award amount includes $26,994.87 in costs and $3,798,518.05 in interest, with $200,000 previously tendered by USF on April 2, 2009 to be credited toward payment

  • Limits attorney's fees, lobbying fees, costs, and other related expenses to a maximum of 25 percent of the total award

  • Makes this award the sole compensation for all present and future claims arising from Caleb Estrada's wrongful birth

Legislative Description

Relief/Estrada/USF Board of Trustees [SPSC]

Last Action

Died in Messages

4/30/2010

Committee Referrals

Health Regulation2/18/2010
The Special Master on Claim Bills12/9/2009

Full Bill Text

No bill text available