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New Standard Used To Cap Damages at State Court Levels
A high-profile wrongful death case was recently decided for the second time in favor of a Miami couple whose child suffered severe brain damage during his birth at the U.S. Naval Hospital in Jacksonville, FL.
In Bravo v. U.S., 04-cv-21807 (S.D.Fla. 9/23/10), U.S. District Senior Judge Jose Gonzalez Jr. awarded Oscar Rodriguez and Raiza Bravo $10.2 million for the death of their son, Kevin, due to neurological damage caused by the negligence of the medical staff. The decision is unique because it caps the award under a new standard set by the Eleventh U.S. Court of Appeals for the Eleventh Circuit, which imposed caps based on state court actions.
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