The Florida Birth-Related Neurological Injury Compensation Act, or Plan, has been summarized by one of Florida's Appellate Courts as follows, in a recent appeal in a case challenging the Plan:
The parents of a child with birth-related neurological injuries appeal an administrative order awarding them $100,000 jointly, in parental compensation, pursuant to section 766.31(1)(b)1, Florida Statutes (2007). That section provides for "an award of compensation ... to the parents or legal guardians ... which award shall not exceed $100,000."
Samples v. Florida Birth-Related Neurological, Download Samples v. Florida Birth-Related Neurological (Fla. 5th DCA Case No. 5D09.3378, Corrected Opinion Filed June 18, 2010) PUBLIC ACCESS also published as 40 So. 3d 18, 20 (Fla. 5th DCA 2010)(Subscription required to access Southern Third).
The Plan allows a Civil Action to be filed when certain events take place. The Plan is, by its own terms, not exclusive when the Plaintiff presents "clear and convincing evidence of bad faith or malicious purpose or willful and wanton disregard of human rights, safety, or property," subject to certain exceptions from the exceptions. Fla. Stat. ยง 766.303(2) (2009). [Emphasis added.]
The Bad Faith exception exists in this Statute in order to allow what the Statute otherwise is intended to abolish: Common-law Claims. See Samples v. Florida Birth-Related Neurological, 40 So. 3d at 29 & n.6.
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