American Tort Reform Association warns Gov. DeSantis against repealing ‘free kill’

Florida Politics
Friday, May 9, 2025

By Jesse Scheckner

Less than two years after it removed Florida from its Judicial Hellholes list, a group dedicated to limiting damages plaintiffs can recover in civil lawsuits is warning Gov. Ron DeSantis that his state will go right back on the list if he repeals its “free kill” law.

Free kill,” as its detractors refer to it, is a carve-out in Florida Statutes exempting hospitals and health care providers from liability for noneconomic damages in certain cases of wrongful death.

For all other types of wrongful death, the loved ones of the deceased can sue in Florida for pain, suffering and grief. But for adult children over 25 and their parents, “free kill” blocks them from doing so when the death was due to medical negligence.…

According to the Center for Justice & Democracy at New York Law School, ATRA’s members are largely Fortune 500 companies — including representatives of the tobacco, insurance, chemical, auto and pharmaceutical industries — “with a direct financial stake in restricting lawsuits.”

“Although sponsored by major industries,” a “fact sheet” about the organization said, “ATRA has worked hard to present a dramatically different public image of itself.”

For the full article, click here.

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