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Florida Justice Reform Institute

New Florida bill would limit lawsuits against senior-living providers

February 24, 2023/in Florida Record

 

FLORIDA RECORD

Rep Maggard

Rep. Randall Maggard filed the bill on nursing home litigation on Tuesday. | Florida House of Representatives

New Florida bill would limit lawsuits against senior-living providers

By Michael Carroll
Feb 24, 2023

New constraints would be placed on litigation filed against senior living facilities, including a ban  on expert witnesses testifying on a contingency fee basis, under provisions of a bill introduced this week in the Florida Legislature.

Rep. Randall Maggard (R-Dade City) introduced House Bill 1029 on Tuesday. The bill would place new rules on admitting evidence when senior residents make claims of rights violations, according to the bill’s text. Tort reform backers see such provisions as sensible to reduce excessive litigation that can drive up senior living costs.

The bill would prohibit adult children of residents of senior living facilities from receiving non-economic damages from litigation. The bill would update code regarding nursing homes and adult living facilities to create parity with existing medical malpractice protections. Similar laws regarding hospital litigation in Florida was changed about 10 years ago.

William Large Large | Courtesy photo

“Current long-term care liability law incentivizes plaintiffs to file lawsuits against any and every possible defendant, especially those with deep pockets, and encourages the dubious use of experts outside their scope of practice,” William Large, president of the Florida Justice Reform Institute, told the Florida Record. “HB 1029 addresses these issues by injecting specificity and strict requirements into the evidence and expert witness processes.”

Civil litigation against long-term care facilities and other businesses has become an area of increasing concern for Florida lawmakers, since over the decade beginning in 2010 the number of jury verdicts of $10 million or more has increased by 27.5 percent, according to research by the U.S. Chamber of Commerce’s Institute for Legal Reform.

In addition, Florida has more nuclear verdicts per capita than any other state (1.059 verdicts per 100,000 residents), the ILR study states. Noneconomic damages such as pain and suffering typically make up a large proportion of such verdicts, according to the analysis.

A Senior Living study found that not having enough money saved for retirement was among the top fears of about half of all seniors. Legislation that mitigates excessive litigation against long-term care facilities could ultimately moderate the costs to reside in such facilities, according to some observers. 

Nearly 21 percent of nuclear verdicts between 2010 and 2019 involved medical liability cases, according to the ILR.

The Florida Record is owned by the U.S. Chamber’s Institute for Legal Reform.

https://flarecord.com/stories/639874322-new-florida-bill-would-limit-lawsuits-against-senior-living-providers 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-02-24 15:54:562024-11-24 21:46:49New Florida bill would limit lawsuits against senior-living providers
Florida Justice Reform Institute

Court ruling casts doubt on ‘sue first, discover second’ business model

January 26, 2023/in Florida Record

FLORIDA RECORD

William Large

Florida Justice Reform Institute President William Large agreed with the appeals court decision. | Florida Justice Reform Institute

By Michael Carroll – Jan 26, 2023

A Florida appeals court has pushed back on a company’s application of a little-used legal practice and cast a shadow on the business practices it uses to secure Medicare reimbursements.

The Third District Court of Appeal on Jan. 11 affirmed a trial court’s dismissal of a complaint filed by MSP Recovery Inc., which works to secure reimbursement recovery on Medicare and Medicaid claims. The lawsuit was filed against Coloplast Corp., which manufactures and sells surgical mesh products that MSP contends caused injuries to some Florida residents.

The appeals court affirmed the trial court’s dismissal order of MSP’s second amended complaint but did not comment in detail about the trial court’s finding that MSP failed to state a cause of action for a pure bill of discovery. That’s a rarely used legal action which seeks the disclosure of facts and information known to a defendant. The lower court concluded that it lacked jurisdiction over Coloplast.

“The appellate court was correct to affirm the dismissal of the complaint,” William Large, president of the Florida Justice Reform Institute, said in an email to the Florida Record. “Litigation should work as follows: sue first, discover second. MSP has a business model of discover first, sue second. That business model is no longer tenable in Florida.”

MSP argued that the trial court had personal jurisdiction over Coloplast based on provisions of Florida’s long-arm statute, which grants state courts authority over defendants in other states provided the defendants take part in “substantial” activities in Florida. 

MSP also alleged that Coloplast caused personal injury to state residents as well as torts. But the appeals court rejected those arguments, saying Coloplast did not “commit any torts against Medicare individually” and describing the lawsuit as a Medicare reimbursement case as opposed to a personal injury action.

“MSP Recovery is nothing more than a litigation shell company,” Large said. “It provides no medical or insurance services to Medicare beneficiaries. MSP Recovery acquires claims from its assignors and utilizes its data analytics services to identify alleged improper payments for health care services.”

He also agreed with the appeals court that MSP practices failed to establish jurisdiction under Florida law.

“In this case, MSP has conflated the alleged physical injuries suffered by individuals, who were not parties to the case, with the alleged financial injuries that MSP claims to have been assigned,” Large said. “This is insufficient to secure jurisdiction under Florida’s long-arm statute.”

https://flarecord.com/stories/639057794-court-ruling-casts-doubt-on-sue-first-discover-second-business-model 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-01-26 15:54:502024-12-06 11:49:00Court ruling casts doubt on ‘sue first, discover second’ business model
Florida Justice Reform Institute

Florida’s high court rejects ‘excessive’ $16 million damages award in wrongful death case

January 10, 2023/in Florida Record

FLORIDA RECORD

Friday, January 13, 2023

William Large

Florida Justice Reform Institute President William Large called the state Supreme Court ruling a victory for textualism. | Florida Justice Reform Institute

By Michael Carroll – Jan 10, 2023

The Florida Supreme Court has struck down a $16 million punitive damages award in a wrongful death case, concluding that the award was out of sync with the jury’s compensatory damages award of just $150,000.

In a Jan. 5 ruling in the case of Brinda Coates vs. R.J. Reynolds Tobacco Co., the high court said trial courts abuse their discretion when they reject a party’s request to reduce punitive damages awards which appear unreasonable when compared with compensatory damages and the plaintiff’s injury.

In turn, the state Supreme Court affirmed a state appeals court’s ruling in the case, in which R.J. Reynolds was accused of being partly liable for the death of Coates’ sister, Lois Stucky, as a result of Stucky’s use of the company’s tobacco products.

“We approve the Fifth District’s decision reversing the punitive damages award and remanding for further proceedings to the extent the district court’s decision is consistent with this opinion,” the Supreme Court’s opinion states.

The Florida Justice Reform Institute (FJRI) and American Tort Reform Association (ATRA) view the high court’s decision as a victory for the rule of law.

“As the court noted in its opinion, ‘judicial discretion must be constrained by statutory criteria in determining whether an award is excessive,’ ” William Large, FJRI’s president, said in a statement emailed to the Florida Record. “This is a huge win for textualism and the notion that the judiciary’s role is to say what the law is and not what it should be.”

The FJRI, ATRA and the U.S. Chamber of Commerce previously filed an amicus brief in the case. The brief argues that a 1997 state law makes a punitive damages award greater than three times the compensatory damages award “presumptively invalid.” In the Coates case, the ratio of the two awards was 106.7 to 1.

The high court did acknowledge the possibility that a trial judge could make a finding that a punitive damages award reasonably exceeds the 3:1 ratio based on the facts and circumstances of a case. But such a finding has to show a reasonable relationship between “the amount of damages proved and the injury suffered,” the justices said.

The Record is owned by the U.S. Chamber of Commerce’s Institute for Legal Reform.

https://flarecord.com/stories/638662238-florida-s-high-court-rejects-excessive-16-million-damages-award-in-wrongful-death-case 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2023-01-10 15:53:472024-12-06 11:52:13Florida’s high court rejects ‘excessive’ $16 million damages award in wrongful death case
Florida Justice Reform Institute

Governor signs property insurance reform bill that would end one-way attorney fees

December 16, 2022/in Florida Record

 

FLORIDA RECORD

William Large

Governor signs property insurance reform bill that would end one-way attorney fees

By Michael Carroll
Dec 16, 2022

Gov. Ron DeSantis on Friday signed a bill that tort-reform supporters say is a landmark measure to shore up the state’s property insurance market, ban the heavily criticized one-way attorney-fee provision and eliminate the assignment of benefits (AOB) in property claims.

Senate Bill 2A passed the Florida Senate on a vote of 27-13, and the state House of Representatives approved the measure 84-33. The Legislature’s action occurred during a special legislative session on property insurance reform in which tort-reform supporters and insurance industry insiders called on lawmakers to pass robust reforms.

“This is a pro-consumer bill that should drive down litigation abuse and put the property insurance market on a path to stability,” Michael Carlson, president and CEO of the Personal Insurance Federation of Florida (PIFF), said in a statement emailed to the Florida Record. “The Legislature is right to focus on lawsuits, and Senate Bill 2A includes bold provisions, including the prohibition of the one-way attorney fee, to fully address the property insurance litigation environment in Florida.”

The Florida Justice Reform Institute also applauded the lawmakers’ action.

“SB 2A includes substantial reforms that remove the incentive to file lawsuits over questionable claims,” William Large, president of the Florida Justice Reform Institute, said in a statement emailed to the Record. “The Florida Justice Reform Institute commends Gov. DeSantis and the Florida Legislature for working together on common-sense solutions that will hold all parties accountable and deliver real results.”

According to PIFF, Florida laws have been exploited to the extent that litigation costs are driving property insurers to exit the Florida market, even without major storms striking the state. Data from the Florida Office of Insurance Regulation shows that last year, Florida represented 7% of U.S. property claims but more than three-quarters of litigated property insurance claims.

SB 2A bans AOB within the property insurance system. Critics have said the assignment of homeowner policy benefits to unscrupulous third-party contractors have led to inflated roof repair bill submissions statewide.

The reform bill would also end what PIFF says is the heavily abused one-way attorney-fee law.

“Florida’s unique one-way attorney-fee statute is intended to shield policyholders against legal bills if they need to sue their insurers,” PIFF said in a statement. “However, unscrupulous attorneys and contractors exploit the law to file unnecessary lawsuits against insurers.”

In addition, SB 2A tightens the process for filing bad-faith claims against insurers, shortens the initial claims filing period from two years to one and allows for alternative measures to resolve claims disputes, including arbitration.

https://flarecord.com/stories/637557592-governor-signs-property-insurance-reform-bill-that-would-end-one-way-attorney-fees 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2022-12-16 15:53:482024-11-24 22:05:29Governor signs property insurance reform bill that would end one-way attorney fees
Florida Justice Reform Institute

‘Fix the Cracks’ campaign warns Floridians about abusive auto glass lawsuits

November 29, 2022/in Florida Record

FLORIDA RECORD

William Large

Florida Justice Reform Institute President William Large says auto glass litigation has led to inflated claims. | Florida Justice Reform Institute
By Michael Carroll
Nov 28, 2022

Insurance and tort reform groups have launched a campaign to warn consumers about the explosive growth in auto glass litigation in Florida  – a phenomenon that some observers say contributes to rising claims costs and insurance policy rates.

The campaign, called “Fix the Cracks,” was launched by the National Insurance Crime Bureau (NICB), Florida Justice Reform Institute and Personal Insurance Federation of Florida (PIFF).

The initiative aims to warn drivers of increasingly aggressive attempts by vendors to get drivers to sign over their car insurance benefits in return for windshield repairs and other incentives, such as gift cards. Vendors working with attorneys can then file inflated claims with the car insurer and take advantage of the state’s one-way attorney fee laws – a process that drives up the cost of insurance, those involved in “Fix the Cracks” say.

The campaign’s goal is to protect consumers from predatory auto glass claims, ensure vehicle passenger safety and advocate for legislative changes.

“It is a crime to file a fraudulent insurance claim in Florida, such as auto glass repairs or windshield replacements where no damage existed,” Eric De Campos, the NICB’s government affairs director, said in a prepared statement. “This is occurring often in Florida as consumers are being solicited and offered incentives to file false or fraudulently inflated auto glass insurance claims.”

Campaign supporters say the practice of assignment of benefits (AOB), whereby policyholders sign over their insurance rights to a vendor, is to blame for much of the current crisis.

“The Florida Legislature passed AOB property insurance reform in 2019, but auto glass claims abuse was left out,” Michael Carlson, president and CEO of PIFF, said in a statement emailed to the Florida Record. “The AOB auto glass loophole, supported by the one-way attorney fee law, is the latest machine for some to profit at the expense of auto insurance consumers.”

During the decade ending in 2021, the number of auto glass lawsuits in Florida jumped by more than 4,000%, from 591 in 2011 to 28,156 in 2021, according to a database maintained by the state Department of Financial Services.

An NICB analysis found that Florida and Arizona had the highest number of questionable auto glass claims among the 50 states in 2020, accounting for nearly three-quarters of the total number of questionable auto glass claims in the nation. Florida topped the ranking with 497,251 claims, with Arizona following with 394,163 such claims.

Research carried out by the Florida Justice Reform Institute indicates that only a handful of law firms are behind the auto-glass AOB litigation in Florida, with filings occurring in a small number of counties where these law firms operate.

“Vendors use these assignments to seize the policyholder’s special one-way attorney fee right under statute and file expensive lawsuits based on inflated claims,” William Large, the institute’s president, said in a statement. “Many of these lawsuits happen without the policyholder’s knowledge or informed consent.”

https://flarecord.com/stories/635471190-fix-the-cracks-campaign-warns-floridians-about-abusive-auto-glass-lawsuits 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2022-11-29 15:53:412024-12-06 17:09:16‘Fix the Cracks’ campaign warns Floridians about abusive auto glass lawsuits
Florida Justice Reform Institute

Leon County judge dismisses contractors’ challenge to property insurance reform law

September 8, 2022/in Florida Record

 

Florida Record

William Large

Leon County judge dismisses contractors’ challenge to property insurance reform law

By Michael Carroll
Sep 8, 2022
A Leon County judge has dismissed a lawsuit filed by contractors who specialize in water, fire, and mold mitigation that argued a new property insurance reform measure trampled on their rights by restricting their ability to recover attorney fees.

Circuit Judge J. Lee Marsh handed down the opinion on Aug. 29, concluding that the defendants listed in the contractors’ lawsuit – the secretary of the Florida Department of Business and Professional Regulation, Melanie Griffin, and the executive director of the Construction Industry Licensing Board, Donald Shaw –  were not proper defendants.

In an action challenging the constitutionality of a statute, the defendant must be responsible for enforcing the law in question, have a broad constitutional duty with respect to the law and have a specific interest in the issue being litigated, according to Marsh. 

“Defendants Griffin and Shaw do not meet any of these elements,” he said. “As a result, neither are proper defendants.”

Marsh dismissed the case with prejudice, meaning the same claim cannot be refiled in the circuit court.

“The court properly dismissed the case without answering the underlying question: whether the Legislature can stop assignees – in this case water mitigation vendors – from taking and using an insured’s statutory advantage, the one-way attorney fee,”  William Large, president of the Florida Justice Reform Institute, told the Florida Record in an email. “This no-risk scheme is incentivizing the nonstop homeowner solicitation, questionable claims and litigation that’s enriching vendors and lawyers, but driving up insurance prices for the rest of us.”

The plaintiffs in the case, the Restoration Association of Florida and Air Quality Assessors, argued that the reform measure, Senate Bill 2-D, treats them differently than homeowners and insurers, in violation of the state constitution. The new law prevents contractors working under an assignment-of-benefits (AOB) situation from recovering attorney fees when they prevail in litigated claims against insurers, according to the plaintiffs’ original complaint.

“Such disparate treatment of contractors performing work under an AOB is unconstitutional under the equal protection clause of the Florida Constitution,” the lawsuit stated.

The plaintiffs have given notice that they intend to appeal the decision to the First District Court of Appeal.

https://flarecord.com/stories/631404441-leon-county-judge-dismisses-contractors-challenge-to-property-insurance-reform-law 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2022-09-08 15:53:422024-11-24 22:14:17Leon County judge dismisses contractors’ challenge to property insurance reform law
Florida Justice Reform Institute

DeSantis moves to extend COVID-19 legal liability shield for health care facilities

March 2, 2022/in Florida Record

 

FLORIDA RECORD

By Michael Carroll
William Large

William Large, president of the Florida Justice Reform Institute, supported the passage of SB 7014. | Florida Justice Reform Institute

DeSantis moves to extend COVID-19 legal liability shield for health care facilities

By Michael Carroll – Mar 2, 2022

Gov. Ron DeSantis signed an extension of COVID-19 legal liability protections for health care providers such as nursing homes last week, gaining applause from business groups and supporters of tort reform alike.

The governor’s action means that the legal liability protections the state has provided to nursing homes, physicians and acute-care facilities will be extended to June 1 of next year. Lawmakers in 2021 approved protections that were set to expire at the end of this month, but the supporters of Senate Bill 7014 say health care workers will remain vulnerable to coronavirus-related lawsuits.

“Governor DeSantis is to be commended for his decisive leadership,” William Large, president of the Florida Justice Reform Institute, told the Florida Record in an email. “He sought out to protect our heroic health care providers from unwarranted COVID 19 exposure lawsuits. Through sheer will, he was able to get this legislation passed and to his desk for signature.”

The legislation passed the state House of Representatives last month in a 87-31 vote, with many Democrats registering their disapproval. It will continue to help shield health care facilities from civil litigation relating to COVID-19 by raising the pleading requirements for such legal actions. Plaintiffs who file lawsuits over issues relating to coronavirus treatments and care must show the facility or health care professional engaged in gross negligence or purposeful misconduct to win in court, according to an analysis of the bill by the state legislative staff.

Moreover, defendants in such civil litigation can prevail if they show that they were simply following the recommendations of government agencies in treating patients.

The state’s National Federation of Independent Business executive director, Bill Herrle, said Florida health care workers deserve the extended protections provided by SB 7014.

“We can’t afford to have predatory trial attorneys try to exploit the pandemic for financial gain,” Herrle said in a prepared statement. “Doctors, nurses, hospitals and clinics can’t be distracted from their goal of keeping people well so they can work and go about their daily routines.”

https://flarecord.com/stories/621197735-desantis-moves-to-extend-covid-19-legal-liability-shield-for-health-care-facilities 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2022-03-02 15:53:302024-11-24 22:49:58DeSantis moves to extend COVID-19 legal liability shield for health care facilities
Florida Justice Reform Institute

Property insurance reform backers see new attorney fee rules as far-reaching

June 18, 2021/in Florida Record

 

FLORIDA RECORD

Property insurance reform backers see new attorney fee rules as far-reaching

LEGISLATION

By Michael Carroll | Jun 18, 2021

William Large

William Large, president of the Florida Justice Reform Institute, says the property insurance reforms will create sensible attorney fee rules. | Florida Justice Reform Institute

Florida’s property insurance market should stabilize in the wake of recent double-digit rate hikes as a reform bill’s new rules governing attorney fees take effect, according to those familiar with the reforms.

Gov. Ron DeSantis signed Senate Bill 76 into law earlier this month, putting in place new guard rails on the filing of property insurance lawsuits and restrictions on roofing contractor behavior. Under provisions of the new law, those planning to file property insurance lawsuits must give 10 business days notice prior to the filing, allowing insurers more time to find a path to settle disputes.

The bill will also bar contractors and public adjusters from using advertisements that encourage consumers to contact them in order to file property insurance claims for roof damage, and it creates new rules governing when insurers have to pay claimants’ insurance fees.

Under the reforms, when the amount won by the claimant above the presuit settlement offer is 50 percent or more of the disputed amount, the insurer has to pay all of the claimant’s attorney fees. If the difference is between at least 20 percent but less than 50 percent of the disputed amount, the insurer will be required to pay only a portion of the claimant’s lawyer fees – one equaling the percentage of the disputed amount.

And a difference of 20 percent or less would mean that each side would pay its own attorney fees, under the terms of SB 76.

“SB 76 is a revolutionary piece of legislation,” William Large, president of the Florida Justice Reform Institute, said in an email to the Florida Record. “Gov. DeSantis drew inspiration from Texas and adopted an attorney fee schedule that gets rid of the pernicious one-way attorneys’ fee schedule that allowed for fees, even if the plaintiff’s attorney collected a low dollar amount.

“Now, there will finally be a rational relationship between attorney fees and the amount recovered. Gov. DeSantis was able to accomplish something no previous governor has been able to do.” 

Rep. Bob Rommel (R-Naples), who helped to craft the legislation, said the reforms would help the insurance industry emerge from a crisis created by bad actors and destructive weather events.

“Over the past seven years, insurance companies have paid out over $15 billion in claims, out of which over $10 billion went to attorneys’ fees,” Rommel said in a prepared statement. “SB 76 is a big step toward stopping the abusive practices of these few bad actors, where they encourage homeowners to file insurance claims or even lawsuits.”

https://flarecord.com/stories/603791901-property-insurance-reform-backers-see-new-attorney-fee-rules-as-far-reaching 

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2021-06-18 15:50:392024-11-25 07:49:40Property insurance reform backers see new attorney fee rules as far-reaching
Florida Justice Reform Institute

Appointment of Francis, Couriel expands Florida high court’s diversity

May 27, 2020/in Florida Record

 

FLORIDA RECORD
Appointment of Francis, Couriel expands Florida high court’s diversity
By Michael Carroll | May 27, 2020

Judge Renatha Francis

Judge Renatha Francis will take her seat on the Florida Supreme Court in September.

MIAMI – Gov. Ron DeSantis expanded cultural diversity on the Florida Supreme Court and highlighted the concept of judicial restraint Monday when he named Caribbean-American Renatha Francis and Cuban-American John Couriel to fill two judicial vacancies.

At a press conference, both Francis and Couriel signaled they share the governor’s view that judges should play a limited role within the state’s constitutional system of government. Judges should apply laws as they are written by the people’s duly elected representatives, Francis said in her remarks.

DeSantis selected Francis, a Palm Beach circuit judge, and Couriel, an attorney with Kobre & Kim LLP, from a list of nine finalists assembled by the Supreme Court Judicial Nominating Commission. The process to fill the two seats vacated by the elevation of justices Barbara Lagoa and Robert Luck to the 11th U.S. Circuit Court of Appeals got under way in December, but the selection was delayed two months due to the coronavirus pandemic.

“Judge Francis will be the first Caribbean-American to sit on the Florida Supreme Court, and she may be the first Caribbean-American to sit on any state supreme court,” DeSantis said.

John Couriel John Couriel

The governor also honored the values of the state’s Cuban-American community during his comments about Couriel, a Harvard Law School graduate and an adjunct professor at Florida International University. Couriel is the son of a Cuban exile who escaped from Cuba when it was led by Fidel Castro.

“They understand the importance of having a society based on rule of law rather than on the whim of an individual dictator,” DeSantis said.

Francis, who will take office in September once she completes the required 10 years as a member of the Florida Bar, described her mom as a Jamaican small farmer who imparted grit, determination and hard work.

“I am truly the epitome of the American dream,” she said.

Couriel, who had the backing of former Gov. Jeb Bush, will bring extensive business experience to the high court.

“My prayer today is that your judgment will have been good,” Couriel told DeSantis during the press conference, “and that my judgment will not let you down.”

Reaction to the governor’s announcement was positive among a number of observers, including the Florida Justice Reform Institute, which fights against wasteful civil litigation in the state.

The institute “applauds Gov. DeSantis for his thoughtful and decisive leadership as he continues to reshape the Florida Supreme Court,” William Large, the institute’s president, said in a statement emailed to the Florida Record. “The governor’s appointments of John Couriel and Renatha Francis as the 90th and 91st justices continue his mission to restore the court to its proper role as the interpreter of our laws, not the author.”

The Florida Chamber of Commerce also praised the appointments of Couriel and Francis.

“Today’s appointments are certainly welcome news as they continue Gov. DeSantis’ track record of selecting highly qualified legal minds that have proven capable of resisting the urge to legislate from the bench and limit their role to the interpretation of duly passed laws,” David Hart, the chamber’s executive vice president, said in an email.

https://flarecord.com/stories/537950478-appointment-of-francis-couriel-expands-florida-high-court-s-diversity

https://www.fljustice.org/wp-content/uploads/2024/11/fjri-news.jpg 800 800 RAD Tech https://www.fljustice.org/wp-content/uploads/2024/11/Florida-Justice-Reform-Institute.jpg RAD Tech2020-05-27 15:56:082024-11-25 09:40:22Appointment of Francis, Couriel expands Florida high court’s diversity
Florida Justice Reform Institute

Advocates are hopeful Gov. DeSantis will expand liability protection to medical providers

April 10, 2020/in Florida Record

 

FLORIDA RECORD

Advocates are hopeful Gov. DeSantis will expand liability protection to medical providers

By Juliette Fairley | Apr 10, 2020

William Large

William Large

MIAMI – COVID-19 advocates are hopeful that Gov. Ron DeSantis will expand liability protections for health care professionals on the front lines of the COVID-19 outbreak after receiving a letter signed by a coalition of healthcare providers and facilities outlining the dangers.

“Most hospital intensive care units have specialists and pulmonologists responding to COVID-19 infections but there are so many cases that we need other specialists responding in the ICU,” said William Large, president of the Florida Justice Reform Institute (FJRI). “These providers deserve to be protected from any potential lawsuits.”

The coalition, which includes the presidents of the Florida Medical Association (FMA) and the Florida Osteopathic Medical Association as well as FJRI, has not yet received an official response to their letter from the governor’s office.

According to Florida’s Department of Health, there have been a total of 16,826 reported COVID-19 cases and 371 deaths statewide.

“We have been asking for new innovative techniques, which we hope will have positive outcomes but if there are any negative outcomes and they lead to lawsuits, healthcare providers need protections,”  Large told the Florida Record.

However, trial attorney Daniel Uhlfelder said healthcare providers, such as physicians, have an obligation to their oath.

“I hope they continue to recognize it,” Uhlfelder said. “Most practicing healthcare providers already carry some kind of malpractice insurance. They need to do what they can to save lives because making changes to their situation in the middle of a pandemic is hard to do.”

The governor’s office did not immediately respond to requests for comment from the Florida Record.

“This virus is unprecedented,” Uhlfelder said. “The last thing we need is for doctors, nurses and other healthcare providers to stop working out of fear that they will be sued.”

As previously reported, the letter recommends that the sovereign immunity that public officials, such as Gov. DeSantis and President Trump, enjoy could be extended to health care workers by deeming them agents of the Department of Health. But such immunity would require an executive order from Gov. DeSantis.

“We hope he will address it this week,” Large said. “It’s critical it happens in short order and that it has a longer-term impact because the statute of limitations for professional malpractice is two years if an incident happened at this time.”

https://flarecord.com/stories/530104427-advocates-are-hopeful-gov-desantis-will-expand-liability-protection-to-medical-providers

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