Mindy McLaughlin and Carissa Brumby secured another significant victory in Hillsborough County, where the Court granted partial summary judgment upholding the statutory Medicaid damages cap in a medical malpractice case. Plaintiffs opposed the motion, asserting that the issue was not yet ripe for summary judgment and additionally challenging the statute’s constitutionality on Equal Protection grounds. The Court rejected those arguments and adopted the Defendants’ position, finding that, consistent with applicable statutes, legislative history, controlling case law, and trial court rulings across the state, the Medicaid cap under § 766.118(6), Fla. Stat., was properly addressed at the summary judgment stage and withstands constitutional scrutiny under the rational basis test. This significant ruling establishes persuasive authority within the Thirteenth Judicial Circuit on the ripeness, constitutionality, and enforceability of § 766.118(6), reinforcing the statutory damages cap in cases involving Medicaid recipients.
July, 2025