Samples v. Florida Birth-Related Neurological Injury Compensation Ass'n
114 So. 3d 912
| Fla. | 2013Background
- Certified question asks if a single $100,000 parental award under §766.31(l)(b)1 violates equal protection.
- Fifth District upheld constitutionality of the $100,000 cap for parents jointly; ALJ previously denied additional parental award.
- NICA paid a lump sum of $100,000 to both parents jointly; ALJ allowed hearing on constitutionality.
- Parties challenged equal protection, vagueness, and access to courts; Florida proceeding reviewed de novo.
- Statutory language unambiguously provides one aggregate award to parents; no per-parent entitlement; plan designed to preserve actuarial soundness.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does the $100,000 cap to both parents violate Equal Protection? | Samples contend disparate treatment for single vs. joint claim. | State argues rational relation to actuarial soundness; no protected class implicated. | No equal protection violation under rational basis. |
| Is the parental award ambiguity about per-parent vs per-claim? | Samples claim potential ambiguity in awarding to each parent. | Statute language plain: one award to parents jointly. | Unambiguous; only a single award allowed. |
| Is the statute void for vagueness? | Statute lacks guidance on split of award. | Court may rely on ALJ discretion; no vagueness in context. | Not void for vagueness. |
| Does the parental award provision violate access to courts? | Right to court redress curtailed by capped award. | Plan provides reasonable alternative remedy and no-overriding necessity to abolish access. | No violation; provides a reasonable alternative remedy. |
Key Cases Cited
- Shapiro v. Thompson, 394 U.S. 618 (1969) (cost-savings cannot justify invidious classifications in welfare context (rational basis with scrutiny discussed))
- St. Mary’s Hospital, Inc. v. Phillipe, 769 So.2d 961 (Fla. 2000) (noneconomic damages cap; aggregate vs. individual recovery concerns under equal protection)
- Martinez v. Scanlan, 582 So.2d 1167 (Fla. 1991) (no-fault workers’ compensation as reasonable alternative to tort recovery)
- Kluger v. White, 281 So.2d 1 (Fla. 1973) (Kluger exceptions to abolish access to courts; overruling context discussed)
- Loxahatchee River Envtl. Control Dist. v. School Bd. of Palm Beach Cnty., 496 So.2d 930 (Fla. 4th DCA 1986) (actuarial soundness and equal protection in public finance context)
- Day v. Mem'l Hosp. of Guymon, 844 F.2d 728 (10th Cir. 1988) (actuarial soundness and legitimate state interests in proceedings)