Port Charlotte HMA, LLC v. Suarez
210 So. 3d 187
| Fla. Dist. Ct. App. | 2016Background
- Infant K.D.P. born at 26 weeks after mother Iala Suarez presented repeatedly with worsening preeclampsia; alleged failure to administer antenatal corticosteroids and to transfer to Level III facility.
- K.D.P. sustained severe, lifelong neurological impairments; Suarez alleged medical negligence by physicians and Peace River hospital.
- Suarez settled pretrial with Dr. Guzman; remaining defendants included Dr. Coffey and Peace River.
- Jury found Dr. Coffey and Peace River negligent, allocating 70% fault to Coffey and 30% to Peace River; awarded combined damages to K.D.P. and Suarez exceeding statutory noneconomic caps.
- Trial court refused to apply Florida’s noneconomic-damages cap (section 766.118) post-trial, relying on Fourth DCA’s Kalitan; granted hospital a posttrial setoff of $193,395.30 for the Guzman settlement and entered judgment against Peace River.
- Second District affirmed most rulings but reversed the setoff, holding the trial court erred under the amended apportionment statute; agreed with Kalitan/McCall that the statutory noneconomic-damages caps are unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Constitutionality of noneconomic-damages cap (§766.118) | Caps violate equal protection; McCall supports extending invalidation to personal-injury malpractice. | Cap is constitutional; McCall limited to wrongful-death context and should not apply to personal injury. | Court agreed with Kalitan and McCall: cap unconstitutional as applied to personal-injury medical-malpractice noneconomic damages. |
| Posttrial setoff for settling tortfeasor against economic damages | Settlement with Dr. Guzman should not reduce Peace River’s judgment because apportionment statute bars joint-and-several liability for economic damages. | Hospital sought setoff under D'Angelo allowing settlement offset against economic damages. | Court reversed setoff: D'Angelo relied on a statutory provision later deleted; current §768.81(3) eliminates joint-and-several liability, so setoff was improper. |
| Applicability of Kalitan (binding precedent) | Kalitan properly extended McCall and binds trial courts in absence of interdistrict conflict. | Peace River argued Kalitan improperly extended McCall beyond wrongful-death cases. | Second DCA held Kalitan controlling and agreed that McCall’s rationale extends to personal-injury malpractice. |
| Allocation of liability and final judgment after reversal | Suarez urged reinstatement of judgment without setoff; hospital sought reduction via statutory cap and setoff. | Peace River sought cap application and affirmed setoff. | Court remanded for reentry of judgment for Suarez without the $193,395.30 setoff; otherwise affirmed trial court rulings. |
Key Cases Cited
- Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) (plurality and concurrence concluding wrongful-death noneconomic-damages cap violates equal protection)
- North Broward Hosp. Dist. v. Kalitan, 174 So. 3d 403 (Fla. 4th DCA 2015) (extended McCall’s equal protection analysis to personal-injury medical-malpractice noneconomic damages)
- D'Angelo v. Fitzmaurice, 863 So. 2d 311 (Fla. 2003) (approved setoff of settlements against economic damages under former §768.81(3))
- Pardo v. State, 596 So. 2d 665 (Fla. 1992) (district court decisions bind trial courts in absence of interdistrict conflict)
- T & S Enters. Handicap Accessibility, Inc. v. Wink Indus. Maintenance & Repair, Inc., 11 So. 3d 411 (Fla. 2d DCA 2009) (recognizing elimination of joint-and-several liability by §768.81(3))