Boyd & Jenerette Shareholder Kansas Gooden Quoted in Florida Record Article – Florida appeals court upholds cap on medical malpractice awards in arbitration

December 23, 2019 by on News

Kansas R. Gooden was recently quoted in an article published by Florida Record titled, "Florida appeals court upholds cap on medical malpractice awards in arbitration."

Click on the link to read the full Florida Record article.

Excerpts from the article appear below:

A southern Florida appeals court this week affirmed that the state’s limits on punitive damages in certain medical malpractice cases do not violate the state constitution’s guarantees of equal protection.

In a decision written by Judge Vance Salter, a three-judge panel of Florida’s 3rd District Court of Appeal partially reversed a circuit court ruling in the case of Taylor Poole, M.D., et al., vs. Deborah DeFranko, et al. Wednesday’s decision reduced a jury award to DeFranko from $450,000 to $350,000.

“The statutes presently under review ... are within a voluntary arbitration remedy that was not considered by the Florida Supreme Court or subject to the holdings” in two previous cases, Judge Salter wrote in his decision.

An attorney who co-authored an amicus brief filed in the case on behalf of the Florida Defense Lawyers Association said the appeals court decision would help keep the lid on future medical malpractice court costs.

““The current medical malpractice arbitration process is effective and efficient by reducing attorney’s fees, litigation costs and delay,” Kansas Gooden of Boyd & Jenerette P.A. told the Florida Record in an email. “It creates reciprocal statutory obligations and benefits for both parties and is fair. The 3rd District Court of Appeal’s decision correctly upheld its constitutionality and ensured its continued existence.”

Kansas R. Gooden
Shareholder / Practice Group Leader
Direct: 305.537.1238

About Kansas R. Gooden:

Kansas R. Gooden is a Board Certified Appellate Specialist, AV rated, and serves as the firm’s appellate practice group leader. She has extensive experience handling all types of civil appellate proceedings, including extraordinary writs and plenary appeals, in state and federal courts. She also provides trial and litigation support to attorneys throughout the state. Kansas is highly involved in the state and local bar associations and has served in many leadership roles.

She currently is the Chair of the FDLA’s Amicus Committee and serves on the Board of Directors for the organization. She also serves on the Florida Bar’s Appellate Board Certification Committee, the Florida Bar’s Appellate Practice Section’s Executive Council, and as the Section’s Continuing Legal Education Chair. Kansas is a frequent lecturer and travels the state presenting seminars and presentations on various topics to both attorneys and adjusters.

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