In Poole, the defendant doctor sought to have the medical malpractice noneconomic damages awarded against him reduced in conformance with the limitations imposed by sections 766.207 and 766.209, Florida Statutes. The trial court, however, ruled that these provisions were unconstitutional as violating equal protection, citing the Florida Supreme Court’s decisions in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), and North Broward Hospital District v. Kalitan, 219 So. 3d 49 (Fla. 2017).
As amicus, the Institute argued that these noneconomic damages caps were in fact constitutional, as the Florida Legislature had both a rational and legitimate purpose for implementing the caps, and the trial court had erroneously relied on McCall and Kalitan in finding otherwise.
The Third DCA agreed with the Institute and noted its appreciation for the Institute’s amicus brief in a footnote. The Third DCA recognized that sections 766.207 and 766.209 are not subject to the holdings of McCall or Kalitan, and the noneconomic damages caps in sections 766.207 and 766.209 do not violate equal protection.