In Estate of Michelle Evette McCall v. USA (09-16375), the Eleventh Circuit released a published opinion addressing the constitutionality of the limits in Florida on noneconomic medical malpractice damages. The Court held the limit on noneconomic damages is constitutional under the United States Constitution and the takings clause of the Florida Constitution but certified other issues to be determined by the Florida Supreme Court. The court stated:

The central question presented in this appeal is whether Floridas cap on noneconomic medical malpractice damages, Fla. Stat. 766.118, violates the Florida or United States Constitutions. The Estate of Michelle McCall, Ms. McCalls parents, and the father of Ms. McCalls son (collectively Plaintiffs) also appeal the District Courts application of that statutory cap. After thorough review and having had the benefit of oral argument, we conclude that the District Court did not err in applying the cap. We also conclude that Floridas statutory cap passes muster under the Equal Protection Clause of the Fourteenth Amendment and the Takings Clause of the Fifth Amendment of the United States Constitution as well as the Takings Clause of Article X, 6(a) of the Florida Constitution. Because no Florida Supreme Court decisions provide controlling guidance to resolve Plaintiffs other challenges to this cap on noneconomic medical malpractice damages under that states Constitution, we grant, in part, Plaintiffs motion to certify questions to the Florida Supreme Court.

VI.

We affirm the district courts application of Floridas statutory cap on noneconomic damages. We also conclude that the cap comports with the Equal Protection and Takings Clauses of the United States Constitution. We conclude that the statute does not constitute a taking in violation of the Takings Clause of the Florida Constitution, and we grant Plaintiffs motion to certify questions regarding Plaintiffs remaining challenges to the cap under state constitutional law to the Florida Supreme Court.

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