Viñas DeLuca Law Blog

GlaxoSmithKline (GSK) first received reports of birth defects associated with Zofran use by pregnant women as early as 1992. Over 200 reports suggest it caused conditions such as cleft lips/palates, congenital heart defects, kidney malformation and stillbirth. It is believed that the number of reported birth-defects associated with Zofran is just a fraction of all cases.

Today, a Florida appellate court ruled that the caps on non-economic damages in Florida medical malpractice cases are unconstitutional. The case is North Broward Hospital District et al. v. Kalitan. Last year, the Florida Supreme Court ruled that caps in Florida medical malpractice cases were unconstitutional but limited its ruling to medical malpractice cases resulting in wrongful death. Given today’s opinion by the Florida Fourth District Court of Appeal, there is no longer a cap on non-economic damages in any Florida medical malpractice case.