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FL H0545
CL
Status
1/27/2011
Primary Sponsor
Joseph Abruzzo
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AI Summary
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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.
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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.
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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.
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Limits attorney's fees, lobbying fees, costs, and other similar expenses to 25 percent of the total amount awarded under the act.
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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Indefinitely postponed and withdrawn from consideration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