FLORIDA MEDICAL CENTER, INC., d/b/a Florida Medical Center and Florida Patient's Compensation Fund, Appellants,
v.
Susan Ann VON STETINA, by and through Her Parents, Legal Guardians and Next Friends, Mary VON STETINA and Leo Von Stetina, Appellee.
District Court of Appeal of Florida, Fourth District.https://leagle.com/images/logo.png
August 10, 1983.
Motions to Stay Mandate Granted August 24, 1983.
Rehearing Denied August 30, 1983.
Attorney(s) appearing for the Case
David M. Orshefsky, G. Michael Keenan and William H. Lefkowitz of Ruden, Barnett, McClosky, Schuster & Russell, P.A., Bernard & O'Brien, Fort Lauderdale, and Steven R. Berger of Steven R. Berger, P.A., Miami, for appellant Florida Medical Center.
Talbot D'Alemberte and Jeffrey B. Crockett of Steel Hector & Davis; Samuel J. Dubbin, Miami, Charles W. Ehrhardt, Richard B. Collins of Perkins & Collins, Tallahassee, for appellant Florida Patient's Compensation Fund.
Sheldon J. Schlesinger of Sheldon J. Schlesinger, P.A., Fort Lauderdale, and Joel D. Eaton of Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin, P.A., Miami, for appellee.
Bruce Culpepper of Culpepper, Beatty & Turner, P.A., Tallahassee, and Richard A. Sherman of Wicker, Smith, Blomqvist, Tutan, O'Hara, McCoy, Graham & Lane, Miami, amicus curiae, for Florida Medical Malpractice Joint Underwriting Ass'n.
John D. Buchanan, Jr., of Henry, Buchanan, Mick & English, P.A., Tallahassee, amicus curiae, for Florida Hosp. Ass'n.
James E. Tribble and Diane H. Tutt of Blackwell, Walker, Gray, Powers, Flick & Hoehl, Miami, amicus curiae, for Florida Defense Lawyers Ass'n.
District Court of Appeal of Florida, Fourth District.
LETTS, Judge.
Before us is the consolidation of eight appeals, all emanating from a 12.47 million dollar compensatory damage award in a medical malpractice case. That sum is appealed as reversibly excessive, as is the trial judge's ruling that Section 768.54(3)(e)(3) of the Florida statute limiting the payout of the award is unconstitutional. Further, Section 768.54(2)(b) limiting the liability of the health care provider...
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