Florida Senate - 2015 (NP) CS for SB 60 By the Committee on Judiciary; and Senator Simpson 590-01674-15 201560c1 1 A bill to be entitled 2 An act for the relief of Roy Wright and Ashley Wright 3 by the North Brevard County Hospital District; 4 providing for an appropriation to compensate Roy 5 Wright and Ashley Wright, individually and as 6 guardians of Tucker Wright, for injuries and damages 7 sustained by Tucker Wright as a result of the 8 negligence of Parrish Medical Center; providing a 9 limitation on the payment of fees and costs; providing 10 that certain payments and the appropriation satisfy 11 all present and future claims related to the negligent 12 act; providing an effective date. 13 14 WHEREAS, on July 15, 2009, Ashley Wright, suffering from 15 gestational diabetes, was admitted as a high-risk obstetrical 16 patient at Parrish Medical Center, operated by the North Brevard 17 County Hospital District, in Titusville, Florida, and 18 WHEREAS, mothers with gestational diabetes are classified 19 as high-risk obstetrical patients because their fetuses tend to 20 be larger than normal and large fetuses are at risk for 21 complications during the birth process, and 22 WHEREAS, Ashley Wright’s care at Parrish Medical Center was 23 provided by Vidya Hate, M.D., an obstetrician, and Cara Starkey, 24 R.N., a midwife, both employees of Parrish Medical Center, and 25 WHEREAS, on July 16, 2009, Ashley Wright was in labor with 26 her unborn child, Tucker Wright, and Nurse Starkey failed to 27 notify Dr. Hate of the impending delivery as previously 28 instructed and delivered Tucker Wright herself without the 29 presence, supervision, or assistance of Dr. Hate, and 30 WHEREAS, complications arose during the delivery, and 31 Tucker Wright developed shoulder dystocia, a condition in which 32 the shoulder of a fetus becomes wedged on the mother’s pelvic 33 bone as the fetus transits the birth canal, which condition is a 34 known and recognized risk for mothers with gestational diabetes, 35 and 36 WHEREAS, Nurse Starkey attempted to resolve the shoulder 37 dystocia by performing a McRoberts maneuver and a procedure in 38 which the shoulders of a fetus are gently rotated by hand 39 underneath the shoulders, allowing the shoulders to pass 40 underneath the pelvic bone and out through the birth canal, and 41 WHEREAS, Nurse Starkey negligently rotated the head of the 42 fetus on the perineum, causing a brachial plexus injury to 43 Tucker Wright which injured his right arm and will limit his 44 activities and future career options, and 45 WHEREAS, all parties to this claim agree that rotation of 46 the head of a fetus on the perineum is an improper maneuver 47 because rotation of the head with pressure can stretch and 48 damage the nerves in a fetus’s neck which control the use of 49 muscles in the arm, and 50 WHEREAS, Tucker Wright has undergone two surgeries on his 51 right shoulder and regained some use of his right arm but 52 continues to be challenged with functional deficits that may be 53 permanent, and 54 WHEREAS, Roy Wright and Ashley Wright have incurred medical 55 expenses on behalf of Tucker Wright in the amount of $320,016.91 56 due to the injury caused by the negligence of Parrish Medical 57 Center, and may incur additional expenses for surgeries needed 58 as Tucker Wright grows older, and 59 WHEREAS, on January 11, 2012, Roy Wright and Ashley Wright, 60 individually and as guardians of Tucker Wright, filed suit 61 against the North Brevard County Hospital District in the 62 Circuit Court for Brevard County, Case No. 05-2012-CA-024060, to 63 recover damages for the injuries sustained by Tucker Wright as a 64 result of the negligence of Parrish Medical Center, and 65 WHEREAS, the North Brevard County Hospital District, Roy 66 Wright, and Ashley Wright agreed to settle the lawsuit for 67 $595,000, and 68 WHEREAS, the North Brevard County Hospital District paid 69 $200,000 of the settlement pursuant to the statutory limits of 70 liability set forth in s. 768.28, Florida Statutes, and there 71 remains $395,000 of the settlement unsatisfied, and 72 WHEREAS, the North Brevard County Hospital District does 73 not oppose passage of this claim bill, NOW, THEREFORE, 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. The facts stated in the preamble to this act are 78 found and declared to be true. 79 Section 2. The North Brevard County Hospital District is 80 authorized and directed to appropriate from funds of the 81 district not otherwise appropriated and to draw a warrant, 82 payable to Roy Wright and Ashley Wright, individually and as 83 guardians for Tucker Wright, for the total amount of $395,000 as 84 compensation for injuries and damages sustained by Tucker Wright 85 as a result of the negligence of Parrish Medical Center. 86 Section 3. The total amount paid for attorney fees, 87 lobbying fees, costs, and other similar expenses relating to 88 this claim may not exceed 25 percent of the amount awarded under 89 this act. 90 Section 4. The amount paid by the North Brevard County 91 Hospital District pursuant to s. 768.28, Florida Statutes, and 92 the amount awarded under this act are intended to provide the 93 sole compensation for all present and future claims arising out 94 of the factual situation described in this act which resulted in 95 the injuries to Tucker Wright. 96 Section 5. This act shall take effect upon becoming a law.