Samples v. Florida Birth-Related Neurological Injury Compensation Ass'n
Supreme Court of Florida
1Per curiam
In this case, we consider a certified question concerning the award of compensation under the Florida Birth-Related Neurological Injury Compensation Plan (the Plan). We have for review the decision of the Fifth District Court of Appeal in Samples v. Florida Birth-Related Neurological, 40 So.3d 18 (Fla. 5th DCA 2010). The Fifth District upheld the constitutionality of section 766.31(l)(b)l, Florida Statutes (2010), which provides for an award not exceeding $100,000 to the parents or legal guardians of an infant found to have sustained a birth-related neurological injury. The court held that…
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