The plaintiff contended that the statutory cap on noneconomic damages could not apply retroactively to her medical malpractice claim, which resulted from an alleged incident that occurred a few months before the statutory cap’s effective date. The Florida Justice Reform Institute filed an amicus curiae brief in support of the retroactive application of the statutory cap. Here, the Third District Court of Appeal agreed with the defendant doctor and FJRI, holding that the statutory cap barred part of the plaintiff’s claim. The plaintiff had no vested right to a particular damage award and thus suffered no due process violation with retroactive application of the statutory cap to her cause of action. However, the Florida Supreme Court held in a subsequent, related appeal that the cap on noneconomic damages cannot be applied retroactively.
FJRI represented by William W. Large.