Mindy McLaughlin achieved another important victory in Pasco County, where the Court granted partial summary judgment enforcing the statutory Medicaid damages cap in a medical malpractice action. Plaintiffs opposed the motion, arguing that the cap was unconstitutional on Equal Protection grounds and should not be addressed at the summary judgment stage. The Court rejected those arguments, agreeing with the defense that § 766.118(6), Fla. Stat., is supported by established statutes, legislative history, and case law, that it is properly resolved on summary judgment, and that it satisfies the rational basis test. This ruling adds to the growing body of persuasive authority throughout Florida upholding the constitutionality and enforceability of § 766.118(6), further reinforcing the statutory damages cap in cases involving Medicaid recipients.
July, 2025