In a medical malpractice wrongful death suit, the defendant of the United States of America asserted that Floridas cap on non-economic damages were valid and constitutional. The survivors of the deceased patient move to strike the affirmative defense on a number of constitutional grounds. Siting a opinion from the Federal Court in the Northern District of Florida, the Federal Middle District Court denied the motion to strike and ruled that the non-economic damages cap does not violate access to courts.
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