House Bill hb1113

    Florida House of Representatives - 2001                HB 1113

        By Representative Seiler






  1                      A bill to be entitled

  2         An act relating to the North Broward Hospital

  3         District; providing for the relief of Mark

  4         Schwartz, a minor, for injuries sustained as a

  5         result of the negligence of employees of the

  6         Coral Springs Medical Center; providing an

  7         effective date.

  8

  9         WHEREAS, on april 29, 1997, Lori Schwartz, who was nine

10  months pregnant and in labor, presented herself at the Coral

11  Springs Medical Center, and

12         WHEREAS, Lori Schwartz was admitted to the hospital,

13  where her difficult labor continued for many hours, and

14         WHEREAS, the nurses who cared for Lori Schwartz during

15  her labor were aware of the difficulties of the labor and of

16  the indications of fetal distress, and

17         WHEREAS, the nurses caring for Lori Schwartz during her

18  labor failed to timely assess the situation and communicate

19  the difficulties of the labor and the fetal distress to the

20  obstetrician in a timely manner, and

21         WHEREAS, as a result of the nurses' failure to timely

22  assess the situation and timely notify the physician of the

23  fetal distress, Lori Schwartz's baby, Mark Schwartz, suffered

24  anoxic encephalopathy during delivery, and

25         WHEREAS, as a result of the lack of oxygen during his

26  birth, Mark Schwartz suffers from serious and irreversible

27  brain damage, which has left him profoundly disabled with

28  severe cognitive and motor dysfunction necessitating full-time

29  care for the rest of his life, and

30         WHEREAS, a lawsuit was filed against the North Broward

31  Hospital District and others for compensation, and

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    Florida House of Representatives - 2001                HB 1113

    794-103-01






  1         WHEREAS, during the litigation but prior to trial, the

  2  parties reached a settlement, and

  3         WHEREAS, pursuant to the settlement, the North Broward

  4  Hospital District has agreed to pay a total of $600,000 to

  5  compensate Mark Schwartz for his injuries, and

  6         WHEREAS, the hospital district has paid $200,000,

  7  pursuant to section 768.28, Florida Statutes, and agrees to

  8  affirmatively support a claim bill in the amount of $400,000,

  9  NOW, THEREFORE,

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

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

14  act are found and declared to be true.

15         Section 2.  The North Broward Hospital District is

16  authorized and directed to appropriate from funds of the

17  district not otherwise appropriated and to draw a warrant in

18  the amount of $400,000 payable to Lori Schwartz and Larry

19  Schwartz, parents and legal guardians of Mark Schwartz, a

20  minor, for the benefit of Mark Schwartz, as compensation for

21  injuries and damages sustained by Mark Schwartz during his

22  birth. After payment of attorney's fees and costs, the

23  remaining proceeds shall be placed in the restricted

24  guardianship account that has been created for the benefit of

25  Mark Schwartz.

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

27  law.

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