GCF recently reported in a Blog Post that following a medical malpractice verdict in March 2013 Honorable Judge Shahood overturned the medical malpractice caps during a post-trial hearing. The Press Journal reported on this subject in an article on Sunday, June 16, 2013. A small portion of the article is below, along with the link to the full text on tcpalm.com
From the article:
Shahood, a former chief judge of the 4th District Court of Appeal, ruled the statute unconstitutional, adding he had never before made such a ruling in his 35 years on the bench.
“We allow the juries to consider life versus death in criminal cases by the ultimate finding by a jury, and yet we’ve got the Legislature determining the caps in other civil actions,” Shahood said in making his ruling.
Debra Henley, executive director of Florida Justice Association, formerly the Academy of Florida Trial Lawyers, said if the order Shahood enters is consistent with his oral pronouncement at the hearing, “this case is a huge step in the right direction for victims of medical malpractice.”
Henley added, “To our knowledge, this would be the first case in which the 2003 medical malpractice caps on damages have been ruled unconstitutional. Further, it would be even more significant if the order were upheld on appeal.”