Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 10
Barcode 279324
LEGISLATIVE ACTION
Senate . House
Comm: UNFAV .
02/27/2012 .
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The Committee on Rules (Richter) recommended the following:
1 Senate Substitute for Amendment (387752) (with title
2 amendment)
3
4 Delete everything after the enacting clause
5 and insert:
6 Section 1. The facts stated in the preamble to this act are
7 found and declared to be true.
8 Section 2. Lee Memorial Health System, formerly known as
9 the Hospital Board of Directors of Lee County, is authorized and
10 directed to appropriate from its funds and to draw the following
11 warrants as compensation for the medical malpractice committed
12 against Aaron Edwards:
13 (1) The sum of $5 million, payable to the Guardianship of
14 Aaron Edwards;
15 (2) This sum shall be payable in five equal payments of $1
16 million made annually over 5 years.
17 Section 3. The amount paid by Lee Memorial Health System
18 pursuant to s. 768.28, Florida Statutes, and the amount awarded
19 under this act are intended to provide the sole compensation for
20 all present and future claims arising out of the factual
21 situation described in this act which resulted in the injuries
22 suffered by Aaron Edwards. The total amount paid for attorney
23 fees, lobbying fees, costs, and other similar expenses relating
24 to this claim may not exceed 25 percent of the total amount
25 awarded under this act.
26 Section 4. This act shall take effect upon becoming a law.
27
28 ================= T I T L E A M E N D M E N T ================
29 And the title is amended as follows:
30 Delete everything before the enacting clause
31 and insert:
32 A bill to be entitled
33 An act for the relief of Aaron Edwards, a minor, by
34 Lee Memorial Health System of Lee County; providing
35 for an appropriation to compensate Aaron Edwards for
36 damages sustained as a result of the medical
37 negligence by employees of Lee Memorial Health System
38 of Lee County; providing a limitation on the payment
39 of fees and costs; providing an effective date.
40
41 WHEREAS, Aaron Edwards was born on September 5, 2007, at
42 Lee Memorial Hospital, and
43 WHEREAS, Aaron Edwards suffered permanent injuries to his
44 brain as a consequence of an acute hypoxic ischemic episode at
45 birth, and
46 WHEREAS, after a 6-week trial, a jury in Lee County
47 returned a verdict in favor of Aaron Edwards, finding Lee
48 Memorial Health System 100 percent responsible for Aaron
49 Edwards’ preventable injuries and awarded a total of
50 $28,477,966.48 to the Guardianship of Aaron Edwards, and
51 WHEREAS, the court also awarded $174,969.65 in taxable
52 costs, and
53 WHEREAS, Lee Memorial Health System tendered $200,000
54 toward payment of this claim, in accordance with the statutory
55 limits of liability set forth in s. 768.28, Florida Statutes,
56 NOW, THEREFORE,