The Florida Justice Reform Institute has announced its opposition to House Bill 289, a legislative measure progressing in the Florida House of Representatives. This bill would permit prospective parents to file wrongful-death lawsuits concerning the loss of a developing fetus.
House Bill 289 and its Senate counterpart, Senate Bill 164, propose adding "unborn child" to Florida's Wrongful Death Act. This addition would enable parents to seek damages when negligence results in fetal death, intertwining debates on fetal personhood with ongoing discussions about tort policy. Presently, the law does not allow wrongful-death damages for an unborn child; however, a 1997 ruling by the Florida Supreme Court permits limited claims for mental anguish and pregnancy-related medical expenses due to negligent stillbirths. According to staff analysis, expanding the Wrongful Death Act could have an "indeterminate" but potentially adverse fiscal impact on state and local governments as well as private entities. This is because it might lead to an increase in medical malpractice and other negligence lawsuits filed over fetal deaths.
The Civil Justice & Claims Subcommittee advanced HB 289 with a 13–3 vote despite opposition from Democratic members. Business-aligned groups, including the Florida Justice Reform Institute, expressed concerns that broadening liability could exacerbate costs in an already expensive medical market.
The House panel's decision has moved HB 289 forward to the Judiciary Committee. Meanwhile, SB 164 passed through the Senate Judiciary Committee by a narrow margin of 5–4 and awaits further hearings in two additional committees. This progression underscores how small shifts in voting can significantly influence changes in liability law.
Opponents such as the Florida Justice Reform Institute contextualize HB 289 within a national trend of increasing jury awards in injury and medical liability cases. A major medical liability carrier reports that from 2013 to 2023, U.S. medical malpractice verdicts awarding $10 million or more rose by approximately 67%, with over half of recent large verdicts exceeding $25 million. Analysis based on data from the National Practitioner Data Bank indicates that Florida recorded around 1,217 malpractice cases with $389 million in payouts in 2023 alone.
The Florida Justice Reform Institute was established by the Florida Chamber of Commerce and operates out of Tallahassee as a 501(c)(4) advocacy organization dedicated to reforming Florida’s civil justice system. The group aims to improve court efficiency by opposing what it considers wasteful litigation while promoting fair legal practices and providing insights into lawsuit trends and liability costs. It collaborates with business associations, insurers, and right-of-center policymakers to support measures like tightening bad-faith standards and reforming attorney-fee rules while resisting expansions of wrongful-death liability that could lead to more high-value lawsuits.