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Verdicts
Damages Awardable to Both Parents, Not to Each Individually
The District Court of Appeal of Florida, Fifth District, has found that Florida's birth injury compensation statute, which limits parents' awards to $100,000, is meant to award parents that amount jointly. Samples v. Florida Birth-Related Neurological, Etc., — So.3d —-, 2010 WL 2425990 (Fla.App. 5 Dist., 6/18/10).
In August 2007, MacKenzie Samples was born with birth-related neurological injuries, as defined in ' 766.302(2), Florida Statutes (2007). Her parents filed a claim with the Division of Administrative Hearings for compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). The Plan was enacted to provide compensation to families of birth-injured children regardless of the presence or absence of medical fault. It is administered by the Florida Birth-Related Neurological Injury Compensation Association (NICA).
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