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.

The Case

Judge Gonzalez initially awarded $60.5 million in 2005 to the parents on a medical malpractice complaint in what was the largest federal tort claim at the time. The amount was intended for the lifetime care of Kevin, who never spoke, sat up, swallowed or showed any high function during his short lifetime. Gonzalez lowered the award to $40.5 million on a government motion for reduction, but the medical malpractice claim became moot when the 3-year-old boy died five months later of a brain seizure.

The couple refiled the case in January as a wrongful death claim. Gonzalez heard a two-day bench trial in Fort Lauderdale, FL, and handed down his verdict on Sept. 23.

The hospital staff in Jacksonville, where Rodriguez was based, failed to realize the umbilical cord was wrapped around the baby's neck during labor, causing oxygen deprivation and severe brain damage, said Ervin Gonzalez of Coral Gables, FL, the couple's lead attorney. The Colson Hicks Edison partner is not related to the judge.

The government contended the couple's grief was no greater than anyone else's who had lost a loved one, basing its argument on the fact that the couple still worked, went out to dinner once a week and attained modest accomplishments professionally.

The judge agreed with the couple's lawyers that their clients' grief was extraordinary considering the time and commitment they devoted to keeping their child alive. The nine-page order details the couple's devotion to their son and how his care and memory consumes their lives even to this day. Kevin required a special feeding tube to survive. His saliva had to be sucked out of his mouth constantly so he wouldn't choke. Rodriguez tearfully testified his life metaphorically ended when he took his son off life support. The couple visit Kevin's grave weekly.

“Both Raiza and Oscar testified that one of their only experiences rejoicing in the development of their child was the first time Kevin cried,” Judge Gonzalez wrote. In awarding $5 million to each parent and $153,695 for medical and funeral expenses, Judge Gonzalez noted that the couple was so invested in the care of their disabled child that his death especially affected them.

What the Case Stands For

Ervin Gonzalez said he expects an appeal from the government, which argued that the couple should get, at most, $600,000 in damages. He says the case is significant from a legal standpoint because it was the first time a federal judge applied Eleventh Circuit directions in setting wrongful death damages. The appeals court concluded in 2008 that damages could not exceed the highest affirmed wrongful death verdict in the state appellate district where the death took place. Kevin Bravo died in Miami in the Third District, where the Court of Appeal had upheld a $10 million wrongful death award.

“It may be different in the Fourth District, it may different in the Fifth District,” Ervin Gonzalez said. “This makes new law. What they are saying is the federal district court is going to be limited.” He said the Atlanta-based federal appeals court governing Florida, Alabama and Georgia felt a geographical standard would provide some consistency, since the U.S. Supreme Court has set no standards for wrongful death awards.

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.

The Case

Judge Gonzalez initially awarded $60.5 million in 2005 to the parents on a medical malpractice complaint in what was the largest federal tort claim at the time. The amount was intended for the lifetime care of Kevin, who never spoke, sat up, swallowed or showed any high function during his short lifetime. Gonzalez lowered the award to $40.5 million on a government motion for reduction, but the medical malpractice claim became moot when the 3-year-old boy died five months later of a brain seizure.

The couple refiled the case in January as a wrongful death claim. Gonzalez heard a two-day bench trial in Fort Lauderdale, FL, and handed down his verdict on Sept. 23.

The hospital staff in Jacksonville, where Rodriguez was based, failed to realize the umbilical cord was wrapped around the baby's neck during labor, causing oxygen deprivation and severe brain damage, said Ervin Gonzalez of Coral Gables, FL, the couple's lead attorney. The Colson Hicks Edison partner is not related to the judge.

The government contended the couple's grief was no greater than anyone else's who had lost a loved one, basing its argument on the fact that the couple still worked, went out to dinner once a week and attained modest accomplishments professionally.

The judge agreed with the couple's lawyers that their clients' grief was extraordinary considering the time and commitment they devoted to keeping their child alive. The nine-page order details the couple's devotion to their son and how his care and memory consumes their lives even to this day. Kevin required a special feeding tube to survive. His saliva had to be sucked out of his mouth constantly so he wouldn't choke. Rodriguez tearfully testified his life metaphorically ended when he took his son off life support. The couple visit Kevin's grave weekly.

“Both Raiza and Oscar testified that one of their only experiences rejoicing in the development of their child was the first time Kevin cried,” Judge Gonzalez wrote. In awarding $5 million to each parent and $153,695 for medical and funeral expenses, Judge Gonzalez noted that the couple was so invested in the care of their disabled child that his death especially affected them.

What the Case Stands For

Ervin Gonzalez said he expects an appeal from the government, which argued that the couple should get, at most, $600,000 in damages. He says the case is significant from a legal standpoint because it was the first time a federal judge applied Eleventh Circuit directions in setting wrongful death damages. The appeals court concluded in 2008 that damages could not exceed the highest affirmed wrongful death verdict in the state appellate district where the death took place. Kevin Bravo died in Miami in the Third District, where the Court of Appeal had upheld a $10 million wrongful death award.

“It may be different in the Fourth District, it may different in the Fifth District,” Ervin Gonzalez said. “This makes new law. What they are saying is the federal district court is going to be limited.” He said the Atlanta-based federal appeals court governing Florida, Alabama and Georgia felt a geographical standard would provide some consistency, since the U.S. Supreme Court has set no standards for wrongful death awards.