"It benefits every physician by removing these big-ticket verdicts or settlements from the pool," he said. "When you pay your premiums, it’s not like your premiums just go to your specialty. The insurance company operates one big pool. When hits to the pool are prevented, everyone benefits."
According to a 2006 NICA actuarial study, the fund saves all Florida physicians an estimated $1,477 in premiums per year.
States considering similar birth injury funds should expect controversy and challenges, medical experts said. In New York, the New York State Academy of Trial Lawyers continues to fight the fund legislation, operating an ongoing campaign to challenge the program. Virginia’s program came under scrutiny in early 2000 by doctors, attorneys, and state officials who were concerned about the fund’s stability. The worries prompted the Joint Legislative Audit and Review Commission’s 2002 review and led to some assessment restructuring. Florida fund advocates, meanwhile, have faced several constitutional challenges, including a recent dispute that ended with a Florida Supreme Court victory for the fund in May 2013.
"It can be complex program to run," Mr. Jurgensen said. "You’re putting patients in the program for fundamentally a lifetime, and you don’t know how long that lifetime is going to be. It’s a daunting challenge to consider. A lot of states don’t want to take this up because of that complexity."