A Florida jury has awarded $19.2 million to the family of a child who suffers from cerebral palsy and other life-altering conditions after being given a nearly lethal overdose of neonatal nutrients and trace elements in the hospital.

But now, the plaintiffs must ask the Florida state legislature to lift the $200,000 damages cap that limits recovery because the hospital is covered by sovereign immunity.

"They have a full understanding that at the end of the day they may not see anything," said Craig R. Stevens, the Fort Myers, Fla. attorney who represented the plaintiffs. "And $200,000 isn't going to make a difference in [the child's] care."

'Enough for a 160-pound person'

Kiarra Smith was born prematurely - just shy of 25 weeks - at HealthPark Medical Center in Fort Myers. During her hospitalization, she was given a combination of nutrients and trace elements often given to preemies.

But due to an error, the dosage of the formula was 100 times the proper amount.

"It was enough for a 160-pound person," Stevens said.

Subsequently, Kiarra suffered pulmonary arrest and cardiac arrest, and underwent 13 minutes of resuscitation efforts. She survived, but due to the prolonged lack of oxygen, she suffered cortical blindness, spastic quadriplegia and cerebral palsy, and was left developmentally delayed.

"She will never get better," Stevens said. "She will need constant care for the rest of her life."

Her parents, Jeffrey and Melissa Smith, sued the medical center for negligence. While the hospital admitted an error occurred, it asserted that the cause of Kiarra's injuries was her premature birth, not the overdose.

Kiarra's family and their attorneys wanted to pursue the claim, though they were fully aware that they may get little to no recovery due to the state's sovereign immunity statute, which limits negligence damage awards to $200,000.

"We thought it was a really bad injustice, and we thought the family deserved to get something in court," Stevens said. "We thought we had a good case, and the family wanted us to pursue it."

Treating doctors' testimony key

Because of the cap on damages, Stevens said, the hospital never made any settlement offers before or during trial.

Of all the experts, exhibits and other evidence offered during the two-week trial, Stevens said the most persuasive thing the jury members heard were the words of the doctors that cared for Kiarra.

"The [testimony of] the treating doctors supported our claim that the majority of [Kiarra's] injuries were due to the overdose," Stevens said. "That testimony was because they were the doctors that treated her. They said the majority of the damage - not 100 percent, but the majority - was due to the overdose."

It took the six-person jury only four hours to reach a verdict of $19.2 million in the Smiths' favor - $5.2 million in economic damages for Kiarra's care and $14 million for pain and suffering.

The win was important to the family, despite their knowledge that the verdict may never be collected. And after the post-trial motions are completed, the next step will be going to the Florida state house.

The plaintiffs must submit a proposed legislative measure called a claims bill to state lawmakers, who must vote to approve the measure lifting the damages cap for the plaintiffs to receive the full verdict amount, Stevens said.

Messages seeking comment from the defense attorneys in the case were not returned.

After the verdict, Lee Memorial Health System, which includes HealthPark Medical Center, issued a statement.

"We acknowledge that a serious error occurred," the statement read. "Medical experts who reviewed the matter at our request believe that the child's condition is a result of complications related to her extreme prematurity because she was born three months early and weighed one-and-a-half pounds."

Plaintiffs' attorneys: Craig R. Stevens and Chad T. Brazzeal of Morgan & Morgan in Fort Myers, Fla.

Defense attorneys: Douglas B. Lumpkin and Mark A. Haskins of Lumpkin & Haskins in Sarasota, Fla.

The case: Smith v. Lee Memorial Health System; Feb. 4, 2011, Lee County Circuit Court, Fort Myers, Fla.; Judge Michael T. McHugh.