Under the current version of § 768.21, when a deceased parent is unmarried and has no minor children, adult children are barred from recovering non-economic damages for pain and suffering—even in cases of proven medical negligence. As a result, families like mine are left without accountability, without closure, and without a meaningful civil remedy.

I respectfully believe this is wrong.

Importantly, this concern is not new to the Florida Legislature. In the 2025 session, House Bill 6017, sponsored by Representative Dana Trabulsy and Representative Johanna López, and its Senate companion SB 734, sought to repeal the provision of § 768.21 that bars adult children from recovery in medical malpractice wrongful death cases. That legislation passed multiple committees and was approved by both chambers of the Legislature with bipartisan support before ultimately being vetoed by the Governor.

Similar efforts have been introduced in prior sessions, including SB 248 (2024) and HB 129 (2024), demonstrating a consistent recognition that the current statute creates an unfair and arbitrary distinction among grieving families.

The value of a parent’s life does not end when a child turns 18. The emotional loss, financial disruption, and devastation to a family are just as real. Florida’s statute, as currently written, denies justice to adult children while effectively shielding negligent actors from accountability based solely on the age of the survivor.

I am respectfully asking you to consider sponsoring or supporting a narrowly tailored amendment to Florida Statute § 768.21 that would allow adult children of unmarried decedents to pursue non-economic damages in cases of medical malpractice and wrongful death, consistent with the reforms proposed in prior legislative sessions.

This is not about excessive litigation. It is about fairness, accountability, and ensuring that no Florida family is told that their loss “does not count” under the law.