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Florida's Statutory Cap on Non-Economic Damages Deemed Unconstitutional
Two years passed from the time the Florida Supreme Court heard oral arguments in Estate of McCall v. United States of America, 2014 Fla. LEXIS 933 (Fla. Mar. 13, 2014), until announcement of its decision on March 13, 2014. During that time, multiple parties filed amicus curiae briefs on both sides of the case, developing an appellate record that reflected a broader controversy on which numerous appellate courts had reached markedly different conclusions. To review, Mrs. McCall was a military dependent who died in childbirth. The constitutionality of limits on medical malpractice awards, one of the benchmarks of conservative tort reform, had divided state and federal courts across the country.
Dissenting in the McCall decision, Chief Justice Ricky Polston cited decisions in the Third, Fourth, Fifth, Sixth, Ninth and Eleventh Circuits that upheld limitations on noneconomic damages in medical malpractice cases against equal protection challenges. Joining this group were state court rulings from California, Michigan, Missouri, Virginia and West Virginia. Standing with the McCall ruling in Florida are precedential decisions in Georgia, Illinois and Washington, among others. The McCall court had ample precedent on which to base its decision, but the course taken by the majority decision advanced significantly beyond the boundaries established in previously reported cases.
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The Article 8 Opt In
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