A Florida couple has been awarded $10.2 million for the negligent care they received during the birth of their son at the U.S. Naval Hospital in Jacksonville, according to an article on Law.com.
On June 11, 2003, Kevin Bravo Rodriguez, the son of Oscar Rodriguez and Raiza Bravo, was deprived of oxygen during his birth which resulted in severe brain damage.
Five years ago, U.S. District Senior Judge Jose Gonzalez Jr. awarded the family more than $60 million, which at the time was the largest federal tort claim under the Federal Tort Claims Act, which allows private citizens to sue the federal government if one of its employees is negligent. The money was intended to cover a lifetime of care for Kevin who had the brain functioning of a one-month-old.
But after the government appealed, the judge reduced the award to $40.5 million. When the boy died at the age of three from a brain seizure, the medical malpractice award for a lifetime of care became moot.
The couple refiled their case earlier this year as a Florida wrongful death claim. Judge Gonzales handed down his verdict after a two-day bench trial in Fort Lauderdale. Each parent is to receive $5 million along with $153,695 for medical and funeral expenses.
Legislation passed in Florida in 2003 capped pain and suffering damages in a wrongful death at $1 million. Judge Gonzalez predicted the award will be appealed.
The Jacksonville wrongful death attorneys at Farah & Farah are always available to discuss your negligent care case.