Posted by Guest Attorney | Posted in Personal Injury News
A Florida jury awarded a couple $21 million for a “wrongful birth.” Daniel and Amara Estrada have two sons, both suffering with a genetic disorder called Smith-Lemli-Opitz syndrome. The Washington Post reported that the Estradas sued doctors at the University of South Florida for misdiagnosing their first child’s disorder.
They argued that if doctors had correctly diagnosed the first child’s disorder, a test would have indicated whether the second child was similarly afflicted and they would have terminated the pregnancy. The Estradas asked the jury to award them sufficient funds to allow them to at least care for the second child.
Now the Estradas enter the political realm. Because the University is an agency of Florida state government, the State Legislature must agree to the award. State law limits awards for negligence claims against government agencies to $200,000. The Legislature could pass a bill allowing payment of the full amount.
