MIZRAHI v. NORTH MIAMI MEDICAL CENTER, LTD.

Nos. SC93649, SC93650.

761 So.2d 1040 (2000)

Nathan MIZRAHI, et al., Petitioners, v. NORTH MIAMI MEDICAL CENTER, LTD., etc., et al., Respondents. Lynn Garber, etc., Petitioner, v. Lawrence Snetman, M.D., et al., Respondents.

Supreme Court of Florida.

Rehearing Denied July 5, 2000.


Attorney(s) appearing for the Case

Arnold R. Ginsberg of Ginsberg & Schwartz, Miami, Florida; Gaebe, Murphy, Mullen & Antonelli, Coral Gables, Florida, and Spector, Levine & Zimmerman, Miami, Florida, for Petitioner.

Janis Brustares Keyser of Gay, Ramsey & Warren, P.A., West Palm Beach, Florida; Hinda Klein of Conroy, Simberg & Ganon, P.A., Hollywood, Florida; John D. Kelner of the Law Offices of Kelner & King, LLP, Hollywood, Florida; Esther E. Galica of George, Hartz, Lundeen, Flagg & Fulmer, Fort Lauderdale, Florida; and W. Sam Holland of Hinshaw & Culbertson, Miami, Florida, for Respondent.

Harriet Rae Freeman, West Palm Beach, Florida, and Barbara Scheffer, Palm Beach Gardens, Florida, for Association for Responsible Medicine, Amicus Curiae.

Douglas M. McIntosh, and Jack Heda of McIntosh, Sawran & Craven, P.A., Fort Lauderdale, Florida, for Florida League of Healthsystems, Florida Hospital Association, Florida Medical Association, and The Association of Community Hospitals and Health Systems of Florida, Amicus Curiae.


PER CURIAM.

We have for review two decisions that pass upon the following question certified to be of great public importance:

DOES SECTION 768.21(8), FLORIDA STATUTES (1995), WHICH IS PART OF FLORIDA'S WRONGFUL DEATH ACT, VIOLATE THE EQUAL PROTECTION CLAUSE OF THE FLORIDA AND FEDERAL CONSTITUTIONS, IN THAT IT PRECLUDES RECOVERY OF NONPECUNIARY DAMAGES BY A DECEDENT'S ADULT CHILDREN WHERE THE CAUSE OF DEATH WAS MEDICAL MALPRACTICE WHILE ALLOWING SUCH CHILDREN...

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