THE FLORIDA SENATE
SPECIAL MASTER ON CLAIM BILLS
Location
409 The Capitol
Mailing Address
404 South Monroe Street
Tallahassee, Florida 32399-1100
(850) 487-5229
DATE COMM ACTION
3/14/25 SM Favorable
JU
AEG
AP
March 14, 2025
The Honorable Ben Albritton
President, The Florida Senate
Suite 409, The Capitol
Tallahassee, Florida 32399-1100
Re: SB 26 – Senator Gruters
HB 6513 – Representative Busatta
Relief of Kristen and Lia McIntosh by the Department of Agriculture and
Consumer Services
SPECIAL MASTER’S FINAL REPORT
THIS IS AN UNCONTESTED CLAIM BILL FOR $2.252
MILLION IN ACCORDANCE WITH A CONSENT
JUDGMENT RENDERED BY THE CIRCUIT COURT.
KRISTEN AND LIA MCINTOSH SEEK DAMAGES FROM
GENERAL REVENUE FUNDS FOR PERSONAL INJURIES
CAUSED BY THE NEGLIGENT OPERATION OF A VEHICLE
DRIVEN BY AN EMPLOYEE OF THE DEPARTMENT OF
AGRICULTURE AND CONSUMER SERVICES .
FINDINGS OF FACT: Accident and Investigation
On February 12, 2022, Ronald Thornton was driving his
2010 Ford F-150 on I-95 South in Nassau County.
1
Ronald
Thornton’s wife Elizabeth Thornton was seated in the front
passenger seat, and their daughters, Kristen and Lia
McIntosh (Claimants), who were 17 and 13 years old at the
time, respectively, were in the rear seats.
2
Lia was sitting on
1
Claimants’ Ex. Deposition of Ronald Thornton at 23-24 (Sept. 15, 2023).
2
Id. at 24. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 2
the left behind Ronald Thornton and Kristen was on the right
behind Elizabeth Thornton.
3
Both were wearing seatbelts.
4
At approximately 8:33 p.m., James Michael McWhorter, a
law enforcement officer with the Department of Agriculture
and Consumer Services’ (DACS) Office of Agricultural Law
Enforcement (OALE), was driving his patrol vehicle from an
OALE inspection station on the northbound side of I-95 to an
inspection station on the southbound side.
5
The OALE officer
drove over the paved median and crossed the southbound
lanes directly in the path of Ronald Thornton’s vehicle.
6
The
front of Ronald Thornton’s vehicle collided with the
passenger side of the officer’s vehicle.
7
The officer passed
away at the scene.
8
All four occupants of Ronald Thornton’s
vehicle were transported by ambulance to Shands Hospital
(UF Health) in Jacksonville.
9
Kristen and Lia’s injuries are
discussed in more detail below.
Following an investigation, the Florida Highway Patrol (FHP)
determined that neither driver was under the influence of
drugs or alcohol at the time of the accident.
10
FHP concluded
that the OALE officer violated section 316.1925(1), of the
Florida Statutes, (careless driving), and section
316.614(4)(b), of the Florida Statutes, (Florida Safety Belt
Law) and was responsible for his own untimely death and
the injuries to Kristen and Lia McIntosh.
11
Physical Injuries: Kristen McIntosh
The responding ambulance transported Kristen to UF Health
in Jacksonville,
12
where she was treated for injuries, including:
• Concussion;
• Cervical ligamentous sprain;
• Small intestine injury;
• Unstable compression and burst fractures in her
lumbar spine; and
3
Claimants’ Ex. 43, Deposition of Ronald Thornton (Sept. 15, 2023).
4
Claimants’ Ex. 1, Florida Highway Patrol (FHP) Traffic Homicide Report, 17 (Sept. 22, 2022).
5
Id. at 4, 13.
6
Id. at 13.
7
Id. at 13, 31.
8
Id. at 33.
9
Id. at 11.
10
Id. at 8.
11
Id. at 33.
12
See Claimants’ Ex. 27, Nassau County Fire Rescue Medical Records for Kristen McIntosh at 1. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 3
• Dislocation of facet joints in her thoracic-lumbar
spine.
13
Kristen underwent emergency lumbar spinal fusion surgery
and had hardware inserted into her spine.
14
She remained in
the hospital until February 16, 2022.
15
Thereafter she received
follow-up care at First Coast Medical Center from September
2022 through November 2022 where she was treated for her
ongoing pain and received trigger point injections.
16
Medical Expenses: Kristen McIntosh
Kristen has been billed $376,495 for medical expenses
related to the accident,
17
with her insurance providing benefits
of $143,724.
18
Kristen was insured under their family
automobile policy through State Farm, which provided
uninsured motorist coverage with limits of $50,000 per person
or $100,000 per accident. State Farm tendered the $100,000
per accident limit to the family. This was distributed evenly
between the four injured family members. Of the total amount
sought and agreed to by Kristen and DACS, only $1,000 has
been paid to Kristen.
19
DACS paid the statutory cap of
$300,000 to Ronald and Elizabeth Thornton, who each
received $150,000.
20
In November 2023, Craig Lichtblau, M.D., conducted a
comprehensive rehabilitation evaluation of Kristen
McIntosh.
21
Based on this evaluation, he determined that
Kristen’s injuries, including lumbar myofascial pain syndrome
and an acute chance fracture, would result in chronic pain;
when she experiences a flare up of that pain, she will require
short courses in an outpatient physical medication program,
trigger point injections, and medications.
22
He explained she
will likely need to see a neurosurgeon once a year for five
years, an orthopedic surgeon once a year for five years, and
13
Claimants’ Ex. 28, UF Health Jacksonville Medical Records for Kristen McIntosh.
14
Id.
15
Id.
16
Claimants’ Ex. 30, First Coast Medical Care medical records for Kristen McIntosh, 9, 18, 37.
17
Claimants’ Exs. 33-38, Kristen’s Medical Bills; Claimants’ Ex. 39, BlueCross BlueShield of Illinois Lien at 4.
18
Claimants’ Ex. 39, BlueCross BlueShield of Illinois Lien.
19
Claimants’ Attorney’s Affidavit, Attachment A.
20
Claimants’ Ex. 48, Mediation Settlement Agreement at 1-2.
21
Claimants’ Ex. 41, Preliminary Comprehensive Rehabilitation Evaluation of Kristen McIntosh (Craig H.
Lichtblau, MD) (Nov. 18, 2023).
22
Claimants’ Ex. 45, Deposition Transcript of Craig H. Lichtblau, MD, 17, 18, 20 (Dec. 17, 2024). SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 4
a physical therapist at least twice a year.
23
She will also
require an MRI scan every five to ten years and will need
treatment from a physical medicine and rehabilitation
physician or chronic pain specialist.
24
Dr. Lichtblau opined that
Kristen will eventually develop adjacent segment disease that
will require future surgical intervention and post-operative
therapy.
25
Due to her injuries, Dr. Lichtblau determined that
Kristen had an eight percent partial impairment of her whole
person (one percent impairment for a cervical soft tissue injury
and seven percent for posterior fusion, secondary to a chance
fracture).
26
Based on a life expectancy of 61.6 more years, Dr. Lichtblau
estimated Kristen’s future medical expense will be between
$278,122 (best-case scenario) and $492,627 (worst-case
scenario).
27
Below is a breakdown of the estimated medical
expenses under the worst-case scenario:
Kristen’s Estimated Future
Medical Expenses
28
Best-Case
Scenario
Worst-Case
Scenario
Neurosurgeon $1,000 $3,000
Orthopedic Surgeon $1,000 $2,500
Physiatrist $34,466 $66,498
MRI Scan Lumbar $3,080 $6,160
Physical Therapy Evaluation $14,784 $14,784
Physical Therapy Treatments $118,272 $118,272
Trigger Point Injections $13,860 $138,600
Epidural Steroid Injections $18,000 $27,000
Microdiscectomy and Fusion $67,140 $107,692
Post-op Physical Therapy Eval. $120 $120
Post-op Protocol $6,400 $8,000
TOTAL $278,122 $492,627
23
Id. at 17-18; Claimants’ Ex. 41, Preliminary Comprehensive Rehabilitation Evaluation of Kristen McIntosh (Craig
H. Lichtblau, MD).
24
Claimants’ Ex. 45, Deposition Transcript of Craig H. Lichtblau, MD, 17 (Dec. 17, 2024).
25
Id. at 19.
26
Claimants’ Ex. 41, Preliminary Comprehensive Rehabilitation Evaluation of Kristen McIntosh (Craig H.
Lichtblau, MD) at 15-17. This does not include any impairment for depression (as a component of chronic pain),
which the doctor opined exists.
27
Claimants’ Ex. 41, Preliminary Comprehensive Rehabilitation Evaluation of Kristen McIntosh (Craig H.
Lichtblau, MD) at 24-25; Claimants’ Ex. 42, Amended Comprehensive Rehabilitation Evaluation of Kristen
McIntosh, 8-11 (Dec. 6, 2024); Claimants’ Ex. 45, Deposition Transcript of Craig. H. Lichtblau, MD, at 17-19;
Claimants’ Ex. 58, Opening Statement Presentation, 51-52.
28
Claimants’ Ex. 58, Opening Statement Presentation at 50-51; Claimants’ Ex. 42, Amended Comprehensive
Evaluation of Kristen McIntosh (Craig H. Lichtblau, MD) at 8-9. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 5
Non-Economic Damages: Kristen McIntosh
During a hearing held before the Senate and House Special
Masters, Ronald and Elizabeth Thornton testified about how
the accident impacted their daughters’ lives. They testified
that Kristen and Lia were bedridden for a period of time
following the accident and needed assistance with everyday
tasks such as bathing, eating, and getting around the house.
They also needed help putting on and removing the back
braces they were required to wear for four months after the
accident. Elizabeth Thornton, who was herself injured from
the accident, took six months off work to care for her
daughters.
Ronald Thornton testified about the mental impact of the
accident as well. He explained that Kristen used to be
outgoing and happy before the accident, but her limited ability
to do physical activity has left her depressed.
During the hearing, Kristen testified that before the accident
she wanted to become a combat nurse in the military after
graduating high school. However, she learned from an army
recruiter that the hardware in her back and physical limitations
would prevent her from being recruited. Kristen testified that
she then decided to pursue a nursing career outside the
military, but she soon discovered that she would be unable to
meet the physical demands of such a position, which would
require standing for long periods of time and physically
moving patients and medical supplies.
Kristen testified that future injuries or falls could cause further
damage to her back or paralyze her. She avoids strenuous
activity and lifting heavy objects, and she can no longer enjoy
her hobbies for fear of paralysis. Prior to sustaining the injuries
in the car accident, Kristen enjoyed driving her dirt bike, riding
rollercoasters, and playing volleyball and flag football. She is
no longer able to participate in these activities due to her
ongoing pain and fear of exacerbating her injuries. She
testified that this fear and the knowledge that she may require
more surgery in the future has caused her to suffer from
anxiety.
Kristen testified that she still lives with constant neck and back
pain, rating her pain as 10 out of 10, and numbness in her
right hip. She testified that she has not had a pain-free day
since the accident. In his report on his evaluation of Kristen, SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 6
Dr. Lichtblau opined that Kristen is going to suffer from acute,
intermittent exacerbations of chronic pain; he concluded that
she will have good days, bad days, and missed days of
work.
29
Physical Injuries: Lia McIntosh
Like Kristen, the responding ambulance transported Lia to
Shands Hospital in Jacksonville,
30
where she was treated for
injuries, including:
• A broken sternum;
• Compressed vertebrae in her lower (lumbar) spine;
• An intestinal tear (i.e., a serosal and partial thickness
mesenteric tear);
• A collapsed right lung.
31
Lia was taken to the operating room for a diagnostic
laparoscopy and to repair the tear in her intestine.
32
She was
discharged from the hospital on February 16, 2022.
33
Thereafter she received follow-up care for ongoing knee pain
and headaches at Baptist Health.
34
An x-ray in May 2022
revealed she had a small effusion (excess fluid) in her right
knee, and she later received a cortisone injection.
35
She also
received treatment at Jacksonville Orthopedic Institute for her
knee pain.
36
In November 2023, Craig Lichtblau, M.D., conducted a
comprehensive rehabilitation evaluation of Lia. Dr. Lichtblau
reported that Lia was suffering from intermittent low back and
right knee pain and constant abdominal pain where the
surgical incision was made.
37
Dr. Lichtblau opined that, like
Kristen, Lia would have to live with chronic pain that will
require short courses in an outpatient physical medicine
program, trigger point injections, and medications for flareups
29
Claimants’ Ex. 41, Preliminary Comprehensive Rehabilitation Evaluation of Kristen McIntosh (Craig H.
Lichtblau, MD) (Nov. 18, 2023).
30
See Claimants’ Ex. 13, Medical Records: Lia McIntosh (Nassau County Fire Rescue) at 1.
31
Claimants’ Ex. 14, Medical Records: Lia McIntosh (UF Health) at 5.
32
Id. at 58-59.
33
See generally id.
34
Claimants’ Ex. 16, Baptist Health Medical Records for Lia McIntosh at 5.
35
Id. at 5, 37.
36
Claimants’ Ex. 17, Jacksonville Orthopedic Institute Medical Records for Lia McIntosh; Claimants’ Ex. 18,
Jacksonville Orthopedic Institute Rehabilitation.
37
Claimants’ Ex. 40, Comprehensive Rehabilitation Evaluation of Lia McIntosh (Craig H. Lichtblau, MD), 1 (Nov.
18, 2023). SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 7
of her pain.
38
He determined that Lia’s future treatment would
include the need to see a physical therapist twice a year and
a chronic pain specialist, whether it is a physiatrist, a
neurologist, or an internist, at least one to two times a year.
39
She will also need an MRI of her lumbar spine every five to
ten years.
40
Dr. Lichtblau opined that Lia has an eight percent
permanent partial impairment of her whole person.
41
Medical Expenses: Lia McIntosh
Lia has been billed $140,659 for medical expenses related to
the accident,
42
with her insurance providing benefits of
$70,555.
43
Lia was insured under Mr. Thornton’s automobile policy
through State Farm, which provided uninsured motorist
coverage with limits of $50,000 per person or $100,000 per
accident. As noted above, State Farm tendered the $100,000
per accident limit to the family, which was distributed evenly
between the four injured family members. Of the total amount
sought and agreed to by Lia McIntosh and DACS, DACS has
paid a total of $1,000 to Lia for this claim ($2,000 total,
including the payment to Kristen).
44
DACS paid the statutory
cap of $300,000 to Ronald and Elizabeth Thornton, who each
received $150,000.
45
Dr. Lichtblau estimated that Lia’s future medical requirements
will cost between approximately $191,427 (best case
scenario) and $283,427 (worst case scenario) based on a life
expectancy of 65.5 more years.
46
This does not include the
cost of surgery to remove abdominal adhesions that Lia likely
suffered from her laparotomy surgery to repair her intestinal
injuries.
47
After laparotomy, almost 95 percent of patients
38
Id. at 21-24; Claimants’ Ex. 45, Deposition Transcript of Craig H. Lichtblau, MD, at 28.
39
Id.
40
Id.
41
Claimants’ Ex. 40, Comprehensive Rehabilitation Evaluation of Lia McIntosh (Craig H. Lichtblau, MD) at 13-14;
Claimants’ Ex. 45, Deposition Transcript of Craig H. Lichtblau, MD, at 28.
42
Claimants’ Exs. 19-25, Lia’s Medical Bills; Claimants’ Ex. 26, BlueCross BlueShield of Illinois Lien at 4. The lien
indicates that Lia was billed $265,147.22; however, Claimants’ attorney advised the correct figure is $140,659.
See Claimants’ Ex. 58, Opening Statement Presentation at 28.
43
Claimants’ Attorney’s Affidavit, Attachment A.
44
Id.
45
Claimants’ Ex. 48, Mediation Settlement Agreement at 1-2.
46
Claimants’ Ex. 40, Comprehensive Rehabilitation Evaluation of Lia McIntosh (Craig H. Lichtblau, MD) at 21-24;
Claimants’ Ex. 58, Opening Statement Presentation at 30-31.
47
Id. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 8
develop abdominal adhesions.
48
Adhesions are internal
“scars” that form after trauma through complex processes,
involving injured tissues and the peritoneum.
49
Dr. Lichtblau
opined that Lia was at a much greater risk than the general
population to develop such adhesions and bowel obstruction
that will require treatment and surgery.
50
Below is a breakdown of the estimated medical expenses
under the worst-case scenario:
Lia’s Estimated Future
Medical Expenses
51
Best-Case
Scenario
Worst-Case
Scenario
Orthopedic Surgeon $200 $500
Physiatrist $36,647 $36,647
MRI Scan Lumbar $3,275 $6,550
Physical Therapy Evaluation $15,720 $15,720
Physical Therapy Treatments $125,760 $125,760
Trigger Point Injections $9,825 $98,250
Surgery for removal of
abdominal adhesions
Undetermined Undetermined
TOTAL $191,427 $283,427
Dr. Lichtblau opined that Lia is too young to determine
whether she will experience any physical deficits in her ability
to participate in gainful employment in the competitive open
labor market.
52
Non-Economic Damages: Lia McIntosh
During a hearing held before the Senate and House Special
Masters, Ronald and Elizabeth Thornton testified about how
the accident impacted their daughters’ lives. As discussed
above, they testified that Kristen and Lia were bedridden for a
period of time following the accident and needed assistance
with everyday tasks such as bathing, eating, and getting
around the house. They also needed help putting on and
removing the back braces they were required to wear for four
months after the accident.
48
Claimants’ Ex. 40, Comprehensive Rehabilitation Evaluation of Lia McIntosh (Craig H. Lichtblau, MD) at 5.
49
Id.
50
Claimants’ Ex. 45, Deposition Transcript of Craig H. Lichtblau, MD, at 31.
51
Claimants’ Ex. 40, Comprehensive Rehabilitation Evaluation of Lia McIntosh (Craig H. Lichtblau, MD) at 21-24;
Claimants’ Ex. 58, Opening Statement Presentation at 30-31.
52
Claimants’ Ex. 40, Comprehensive Rehabilitation Evaluation of Lia McIntosh (Craig H. Lichtblau, MD) at 11. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 9
Ronald Thornton testified that Lia now suffers from
nightmares and rarely leaves the house. He explained that,
for a while, she refused to ride in cars, except to go to doctors’
appointments, and even now she is always hyper vigilante for
the presence of other vehicles on the road.
Lia testified that, prior to sustaining the injuries in the car
accident, she attended school and enjoyed riding her dirt bike
and swimming but is no longer able to enjoy these activities
and has attended school virtually (rather than in-person) since
the accident.
Since the accident, Lia occasionally has difficulty falling and
staying asleep, often resulting in feeling tired in the
afternoon.
53
Her back pain has caused her to feel depressed
about her situation.
54
Lia also testified at a hearing before the
Senate and House Special Masters that she still experiences
back and stomach pain, rating her pain as six to seven out of
ten.
55
LITIGATION HISTORY: Litigation and Settlement
On January 12, 2023, Claimants filed a complaint in the
Fourth Judicial Circuit, in and for Nassau County, against the
Florida Department of Agriculture and Consumer Services
(DACS). The case went to mediation on January 29, 2024,
and the parties reached a settlement agreement.
56
The
parties agreed, among other things, that DACS would pay
Ronald and Elizabeth Thornton $150,000 each and support a
claim bill filed by Kristen McIntosh and Elizabeth Thornton (as
parent and natural guardian of Lia McIntosh).
57
On May 7,
2024, the court entered a consent judgment for the following
amounts:
• Elizabeth Thornton (as parent and natural guardian of
Lia McIntosh): $1,251,000
• Kristen McIntosh: $1,001,000.
58
53
Id. at 1.
54
Id.
55
See generally Claimants’ Ex. 18, Jacksonville Orthopedic Institute Rehabilitation; Claimants’ Ex. 17,
Jacksonville Orthopedic Institute; Claimants’ Ex. 16, Baptist Health; and Lia’s Final Hearing Testimony.
56
Claimants’ Ex. 48, Mediation Settlement Agreement at 1.
57
Id. at 1-2.
58
Claimants’ Ex. 49, Consent Final Judgment at 1-2. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 10
On January 8, 2025, a hearing was held before the House and
Senate special masters. Kristen and Lia McIntosh submitted
57 exhibits for consideration, including, among other things,
the FHP traffic report, Kristen and Lia’s medical records, and
video deposition testimony of Craig Lichtblau, MD. The
exhibits were received without objection by DACS.
Both Kristen and Lia McIntosh, as well as Elizabeth and
Ronald Thornton, testified at the hearing regarding the
Claimants’ injuries, their quality of life before the accident, and
their decreased quality of life after the accident. Their
testimony is discussed in detail above.
The attorney for DACS did not present any evidence at the
hearing but stated DACS supported the relief sought through
the claim bill for Kristen and Lia McIntosh.
CONCLUSIONS OF LAW: A de novo hearing was held as the Legislature is not bound
by settlements or jury verdicts when considering a claim bill,
passage of which is an act of legislative grace.
Section 768.28, of the Florida Statutes, waives sovereign
immunity for tort liability up to $200,000 per person and
$300,000 for all claims or judgments arising out of the same
incident. Sums exceeding this amount are payable by the
State and its agencies or subdivisions by further act of the
Legislature.
In this matter, Kristen and Lia McIntosh allege that Officer
James McWhorter, a DACS employee who drove the vehicle
that injured Kristen and Lia, was negligent. DACS is liable for
a negligent act committed by an employee acting within the
scope of employment. Officer McWhorter was driving from
one inspection station to another within the scope of his
employment with DACS. Thus, if Officer McWhorter was
negligent when driving into the path of Ronald Thornton’s
vehicle, Officer McWhorter’s negligence is imputed to DACS.
After completing its investigation, the Florida Highway Patrol
cited the DACS officer for careless driving pursuant to section
316.1925(1), of the Florida Statutes.
59
DACS agreed to a
59
Claimants’ Ex. 1, FHP Homicide Traffic Report, 33 (Sept. 22, 2022). SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 11
judgment entered in favor of Kristen and Lia McIntosh and
against DACS in the amount of $2,252,000.
60
No evidence suggests that Ronald Thornton or Claimants
failed to exercise due care with regard to the accident.
Negligence
There are four elements to a negligence claim: (1) duty–
where the defendant has a legal obligation to protect others
against unreasonable risks; (2) breach–which occurs when
the defendant has failed to conform to the required standard
of conduct; (3) causation–where the defendant’s conduct is
foreseeably and substantially the cause of the resulting
damages; and (4) damages–actual harm.
61
Duty
Motorists have a duty to use reasonable care on the
roadways to avoid accidents and injury to themselves or
others.
62
Breach
The DACS officer carelessly operated his vehicle, in violation
of section 316.1925(1), of the Florida Statutes, and drove
directly into the path of Ronald Thornton’s vehicle. The
officer, and therefore DACS, breached its duty of care
toward Kristen and Lia McIntosh.
Causation
The DACS officer’s failure to exercise due care directly
caused the collision with Ronald Thornton’s vehicle, which
did not have time to stop before striking the officer’s vehicle.
It is foreseeable that driving directly into the path of
oncoming traffic would cause injury and subject a survivor to
the medical expenses and pain and suffering experienced by
Kristen and Lia McIntosh.
Damages
The standard jury instruction for personal injury guides the
determination of damages for non-economic loss and
includes “[a]ny bodily injury sustained by [name] and any
resulting pain and suffering, disability or physical impairment,
60
Claimants’ Ex. 49, Consent Final Judgment.
61
Williams v. Davis, 974 So. 2d 1052,1056–57 (Fla. 2007).
62
Id. at 1063. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 12
disfigurement, mental anguish, inconvenience or loss of
capacity for the enjoyment of life experienced in the past, or
to be experienced in the future. There is no exact standard
for measuring such damage. The amount should be fair and
just, in the light of the evidence.”
63
The evidence presented at the hearing established that as a
direct consequence of the accident: (1) Kristen McIntosh
suffered damages in the form of current and anticipated
medical expenses of $869,122, and will suffer from chronic
pain for the rest of her life; and (2) Lia McIntosh suffered
damages in the form of current and anticipated medical
expenses of $424,086 and will suffer from chronic pain for
the rest of her life. Claimants have also incurred $42,637 in
outstanding costs related to this litigation.
64
DACS agreed to the consent judgment of $2,252,000
($1,001,000 for Kristen and $1,251,000 for Lia) against
DACS.
65
This amount is conservative in comparison with
other jury verdicts that have considered similar injuries. The
amount is reasonable in light of the Claimants’ past and
present injuries, their persistent pain and fear of the need for
future surgeries, and their continuing diminished physical
abilities as reported through the testimony at the hearing and
the deposition of and evidence prepared by Craig Lichtblau,
MD.
ATTORNEY FEES: Language in the bill states attorney fees may not exceed 25
percent of the amount awarded. Counsel for Claimants
indicates attorney fees will be 25 percent of the total funds
awarded through the claim bill, and lobbying fees will be 7.5
percent.
66
It appears from the affidavit of costs and fees
submitted by counsel for Claimants that the lobbying fees are
in addition to the attorney fees.
RECOMMENDATIONS: Based upon the information provided before, during, and after
the special master hearing, the undersigned finds that Kristen
and Lia McIntosh have demonstrated negligence on behalf of
the Department of Agriculture and Consumer Services, and
that the amount sought is reasonable. Based upon the
63
Fla. Std. Jury Instr. (Civ.) 501.3d, Injury, pain, disability, disfigurement, loss of capacity for enjoyment of life.
64
Claimants’ Attorney’s Affidavit, Attachments A and C.
65
Claimants’ Ex. 49, Consent Final Judgment at 1.
66
Claimants’ Attorney’s Affidavit as to Costs and Fees. SPECIAL MASTER’S FINAL REPORT – SB 26
March 14, 2025
Page 13
foregoing, the undersigned recommends that SB 26 be
reported FAVORABLY.
Respectfully submitted,
Janelle Barriero
Senate Special Master
cc: Secretary of the Senate