A Florida couple was recently awarded $10.2 million in a high-profile Florida wrongful death case involving their child who suffered brain damage during birth at the U.S. Naval Hospital in Jacksonville, Fl. This ruling is the second judgment in favor of the Miami couple, which was handed down by U.S. District Senior Judge Jose Gonzalez Jr.
The court found that the death of Oscar Rodriguez and Raiza Bravo’s son, Kevin, was due to neurological damage caused by the negligence of the medical staff. According to a legal journal article on the case, this ruling is significant and unique because “it caps the award under a new standard set by the 11th U.S. Circuit of Appeals, which imposed caps based on state court actions.”

Initially, Judge Gonzalez awarded the family of the decreased child $60.5 million in 2005 on a medical malpractice complaint, which was the largest federal tort claim at the time. This award was intended to be used for the lifetime care of Kevin, “who never spoken, sat up, swallowed or showed any high function during his short life time.” Later, the judge lowered the award to 40.5 million on a government motion for reduction, but the medical malpractice “case became moot when the 3-year-old boy died five months after the ruling for a brain seizure.”

Following his death, the family revised the case as a wrongful death claim. The same judge heard a two-day bench trial in Fort Lauderdale personal injury case and handed down this verdict late last Thursday.

This is the first of a two part series on this case. Be sure to check back at the end of the week for the complete story.