Senate Judiciary Committee advances bill to restore non‑economic damages in some medical wrongful‑death cases

The Senate Judiciary Committee voted 9-2 to report favorably on Senate Bill 734, a measure by Senator Clay Yarborough that would repeal subsection 8 of Florida Statute 768.21 and restore the ability of some parents and adult children to recover non‑economic damages for wrongful deaths caused by medical negligence.

Yarborough, the bill sponsor, told the committee the statute’s carve‑outs adopted in 1990 conflict with the original 1972 wrongful‑death law and “this bill is about accountability and ensuring our laws are just.” He described the 1990 changes as exceptions that prevent certain survivors from recovering pain and suffering awards in medical negligence cases even though they could recover those damages for other types of wrongful death.

The bill drew extensive public testimony. More than a dozen relatives of patients who died after medical care described families left without civil remedies because of the statute. Sarah Franqui, who identified herself as a parent who lost an adult daughter, said the state’s rule prevented her family from pursuing claims after what she described as preventable medical errors. Marcy Shepler, who said her adult, nonverbal son JoJo died after being turned away from care, told senators, “My son Jojo died. His death was entirely preventable.” Other speakers described delayed transfers, missed diagnoses, and federal findings of regulatory violations.

Advocates for repeal argued the exception creates unequal access to the courts and can shield negligent providers from accountability. Speakers who support the bill included families of people they said died from medical errors and organizations such as AARP and the Florida Justice Association.

Opponents — including hospital and insurer representatives, some physicians, and industry groups — said the change would increase medical‑malpractice litigation and premiums and could worsen physician shortages and service availability in high‑risk specialties such as obstetrics and emergency medicine. Andy Boland of the Florida Justice Reform Institute said a previous compromise had paired broader recovery with caps on non‑economic damages for providers; he urged Congress and the committee to consider reciprocal protections for providers, which SB 734 does not include.

Committee debate reflected divided views. Senator Hooper said he had discussed the bill with Yarborough and praised Yarborough’s motives, and announced his support at the committee stage; other senators expressed sympathy for victims while warning about potential impacts on health‑care costs. President Passadoma (senator) said penalties and professional discipline, not only civil damages, should be considered as ways to keep unsafe practitioners from treating patients.

On the roll call, Senators Berman, DeSigley, Gates, Hooper, Osgood, Polsky, Trumbull, Yarborough and Chair Burton voted yes; Senators Leake and Pasadomoe voted no. The committee reported SB 734 favorably for further Senate consideration.

The committee hearing record shows multiple written appearance forms both supporting and opposing the bill. Senator Yarborough said he remains open to changes that could garner broader support but stressed the need to remove the statutory exceptions that have stood for decades.