DeSantis's Cruel Veto Ensures Families Cannot Seek Full Justice for Their Loss

On May 29, 2025, Florida Governor Ron DeSantis vetoed HB 6017, a bill that promised to restore dignity to families shattered by negligence. Passed with strong bipartisan backing, the measure aimed to repeal a $1 million cap on pain and suffering damages in wrongful death cases. By rejecting it, DeSantis prioritized insurance companies over the anguish of real people. This decision stings like a betrayal of basic fairness.

Picture a family mourning an adult child lost to medical error, only to find the law dismisses their grief as unworthy of full compensation. That’s the cruelty of Florida’s 'free kill' loophole, a 1990 rule that bars parents of adult decedents or adult children of deceased parents from seeking non-economic damages. HB 6017, named the Keith Davis Family Protection Act, sought to fix this. DeSantis’s veto keeps families trapped in injustice.

This fight matters because it’s about real lives. Groups like the Florida Justice Association have spent years advocating for victims, demanding that hospitals and corporations face accountability. DeSantis’s choice tells these families their pain is secondary to corporate profits. It’s a gut-wrenching reminder of who holds power in Florida.

The veto reflects a broader struggle. For decades, insurers and business groups have fought to limit liability, claiming caps on damages stabilize costs. But the cost of this stability falls on families, whose losses are reduced to numbers. When grief is capped at $1 million, the system fails everyone but the powerful.

Who does this serve? Not Floridians seeking justice. DeSantis’s decision protects a system that values profit over people. It forces us to confront a stark question: when did human loss become a bargaining chip?

DeSantis argues that lifting damage caps would raise healthcare costs and scare off doctors. This reasoning echoes the insurance industry’s well-worn script. In 2024–2025, medical liability insurers poured over $75 million into state lobbying, supporting groups like the American Tort Reform Association. Their mission is clear: preserve caps that protect profits, even at the expense of grieving families.

Data shows that damage caps can reduce malpractice premiums by 12–15% and boost physician numbers, with states like California seeing 10–15% more doctors per capita after reforms. Yet the benefits are overstated. Caps don’t improve care quality—hospital readmission rates stay flat, and patient satisfaction barely shifts. The real winner is the insurance industry, which avoids accountability for negligence.

Florida’s 'free kill' loophole is especially unjust. By denying certain families pain and suffering damages, it shields hospitals and corporations from responsibility. Victims’ rights advocates highlight how this harms low-income and minority families most, as their losses are systematically undervalued. DeSantis’s veto entrenches this unfairness, favoring wealthy defendants over ordinary Floridians.

Some, including DeSantis, claim uncapped damages would lead to chaotic verdicts. But cases like the $6 billion 3M earplug settlement or BP’s $20 billion Deepwater Horizon payout prove otherwise. Large awards target systemic failures, not petty claims. Fair compensation strengthens accountability. Why deny Florida families that right?

The battle over wrongful death laws exposes a legal system skewed toward the powerful. Since the 1980s, over 30 states have adopted damage caps, driven by a wave of insurance-backed tort reforms. Florida’s 1990 loophole emerged from this push, sold as a way to control malpractice costs. But years of evidence show these caps erode justice while delivering little in return.

Studies reveal that improving care standards, not limiting damages, enhances treatment quality. States adopting national benchmarks see better outcomes without losing doctors. Meanwhile, caps like Florida’s create gaps in accountability, letting negligent providers escape scrutiny. This protects corporations, not small businesses or patients.

Advocates for victims’ rights have long argued that caps violate equal treatment under the law. Low-income families, often unable to afford top-tier legal help, suffer most. DeSantis’s veto ignores their struggle, upholding a system where justice hinges on wealth. How can we accept a system so blatantly unfair?

DeSantis’s veto isn’t the final word. Florida’s legislature, which backed HB 6017 with broad support, can override this decision with a two-thirds vote. Families across the state deserve that effort. They need a system that honors their loss, not one that sacrifices it to appease insurers.

This fight extends beyond Florida. From Georgia to Oklahoma, advocates are challenging outdated caps and loopholes, refusing to let corporate influence silence them. Each setback fuels their resolve. We must amplify their voices, ensuring the law serves people, not profits.

The choice is ours. Do we want a society that shields the powerful or one that uplifts the vulnerable? DeSantis has shown where he stands. Now, it’s our turn to demand a system that puts justice first—for families, for fairness, for all of us.