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FL S0018

CL

Status

Introduced

8/2/2010

Primary Sponsor

Dennis Jones

Click for details

Origin

Senate

2011 Regular Session

AI Summary

  • Appropriates $24,823,212.92 to be paid by the University of South Florida to Daniel and Amara Estrada as compensation for the wrongful birth of their son Caleb Estrada.

  • Payment shall be made exclusively or maximally from insurance proceeds, including any bad-faith claims against Lloyds of London reinsurance, with the university's $200,000 previous tender credited toward the judgment.

  • Compensates the Estradas for damages resulting from Dr. Boris Kousseff's failure to diagnose Smith-Lemli-Opitz syndrome in their first child Aiden, leading them to conceive a second child with the same condition.

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

  • Designates the awarded amount as sole compensation for all present and future claims arising from Caleb Estrada's wrongful birth.

Legislative Description

Relief/Estrada/USF Board of Trustees

Last Action

Indefinitely postponed and withdrawn from consideration

5/7/2011

Committee Referrals

Rules4/20/2011
Special Master On Claim Bills1/18/2011

Full Bill Text

No bill text available