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FL H0545

CL

Status

Introduced

1/27/2011

Primary Sponsor

Joseph Abruzzo

Click for details

Origin

House of Representatives

2011 Regular Session

AI Summary

  • Appropriates $7,500,000 from the University of South Florida to Daniel and Amara Estrada as compensation for the wrongful birth of their son Caleb Estrada due to medical negligence.

  • Addresses a medical malpractice case where Dr. Boris Kousseff, Director of Medical Genetics at USF, failed to diagnose Smith-Lemli-Opitz syndrome in the Estradas' first child and incorrectly told parents they could expect normal children in future pregnancies.

  • A jury awarded $23,553,000 in damages; USF tendered the statutory maximum of $200,000 under Florida law, and this bill provides an additional $7,500,000 to reach partial compensation for lifetime care costs.

  • Limits attorney's fees, lobbying fees, costs, and other similar expenses to 25 percent of the total amount awarded under the act.

  • Combined statutory payment and legislative appropriation are designated as sole compensation for all present and future claims arising from Caleb Estrada's condition.

Legislative Description

Relief/Estrada/USF Board of Trustees

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Civil Justice Subcommittee2/7/2011

Full Bill Text

No bill text available