Senate Bill 0034e1

    SB 34                                          First Engrossed



  1                      A bill to be entitled

  2         An act relating to the West Volusia Hospital

  3         Authority; providing for the relief of Jose

  4         Alberto Cruz, Jr., a minor, and his parents and

  5         natural guardians, Nelida Cruz and Jose Alberto

  6         Cruz, Sr., for injuries and damages caused by

  7         the hospital's negligence; specifying use of

  8         the funds; providing an effective date.

  9

10         WHEREAS, Nelida Cruz presented to West Volusia Memorial

11  Hospital in early labor on September 16, 1992, and

12         WHEREAS, approximately 4 hours later, she was placed on

13  an internal fetal monitor, and Pitocin was administered to her

14  to augment her labor, and

15         WHEREAS, 6 hours after the Pitocin was initiated, the

16  internal fetal monitor began evidencing prolonged variable

17  decelerations, and the fetus's baseline heart rate changed

18  from 150 to 110 beats per minute, and

19         WHEREAS, the fetal monitor demonstrated 1-1/2 hours of

20  ongoing fetal distress, but the nurse never reported the

21  information to the obstetrician, and

22         WHEREAS, at birth, baby Jose Alberto Cruz, Jr., had

23  Apgar scores of 2 and 4 and had suffered irreparable and

24  permanent brain damage due to hypoxic ischemic encephalopathy

25  from the ongoing fetal distress, and

26         WHEREAS, a jury trial ensued, and, on the second day of

27  the trial, the West Volusia Hospital Authority agreed to

28  settle for $2 million, and

29         WHEREAS, the settlement agreement requires the hospital

30  authority to pay $200,000 immediately and to pay the balance

31  over a 5-year period in equal annual payments of $360,000, and


                                  1

CODING: Words stricken are deletions; words underlined are additions.






    SB 34                                          First Engrossed



  1         WHEREAS, the payment structure will not involve any tax

  2  increase in the West Volusia Hospital Authority Special Taxing

  3  District, NOW, THEREFORE,

  4

  5  Be It Enacted by the Legislature of the State of Florida:

  6

  7         Section 1.  The facts stated in the preamble to this

  8  act are found and declared to be true.

  9         Section 2.  The West Volusia Hospital Authority is

10  directed to compensate Nelida Cruz and Jose Alberto Cruz, Sr.,

11  as parents and natural guardians of Jose Alberto Cruz, Jr., a

12  minor, in the amount of $1,800,000 for injuries and damages

13  caused by the negligence of the hospital, such payment to be

14  made in five equal annual installments of $360,000 each, out

15  of funds of the West Volusia Hospital Authority Special Taxing

16  District reserve account budgeted for such a purpose. After

17  payment of statutory attorney fees, and costs, the balance

18  shall be paid into the existing Special Needs Trust Fund

19  established for Jose A. Cruz, Jr.

20         Section 3.  This act shall take effect upon becoming a

21  law.

22

23

24

25

26

27

28

29

30

31


                                  2