SENATE AMENDMENT
Bill No. SB 36 Barcode 885512
Amendment No. 1
CHAMBER ACTION
Senate House
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11 The Committee on Health, Aging and Long-Term Care recommended
12 the following amendment:
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14 Senate Amendment (with title amendment)
15 On page 3, lines 5-16, delete those lines
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17 and insert:
18 Section 2. Halifax Hospital Medical Center, a special
19 taxing district in Volusia County d/b/a Halifax Medical
20 Center, is authorized and directed to appropriate from funds
21 of the medical center not otherwise appropriated to compensate
22 Steven Mitchell for injuries and damages he sustained as a
23 result of the negligence of employees of Halifax Medical
24 Center and to draw a warrant payable to the trustee for the
25 special needs trust created for the benefit of Steven Mitchell
26 in the amount of $50,000 and to pay the trustee for the
27 special needs trust fund created for the benefit of Steven
28 Mitchell a sum of $15,000 per month for the rest of Steven
29 Mitchell's life; and to draw a warrant in the amount of
30 $825,000, of which $200,000 is for reimbursement of the law
31 firm of Searcy, Denney, Scarola, Barnhart and Shipley, P.A.,
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SENATE AMENDMENT
Bill No. SB 36 Barcode 885512
Amendment No. 1
1 Steven Mitchell's attorneys, for costs incurred by the firm,
2 and $625,000 is for compensation of the law firm of Searcy,
3 Denney, Scarola, Barhart, and Shipley, P.A., for professional
4 fees incurred by Steven Mitchell in litigation on this claim.
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7 ================ T I T L E A M E N D M E N T ===============
8 And the title is amended as follows:
9 On page 1, line 21, through
10 page 2, line 26, delete those lines
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14 the emergency room for hours until some friends could pick him
15 up, and
16 WHEREAS, when his friends picked him up, they found him
17 unable to control his arms in a meaningful way and, after they
18 protested that it was inappropriate to discharge him, medical
19 personnel nevertheless discharged him without an evaluation
20 and without due care, and
21 WHEREAS, by the next day, Mr. Mitchell was experiencing
22 respiratory problems and severe pain and could not move his
23 legs, and
24 WHEREAS, after he was subsequently readmitted to the
25 emergency department, it was immediately determined that his
26 spinal cord had been damaged so as to cause quadriplegia, and
27 WHEREAS, Steven Mitchell currently resides in Tennessee
28 and is in need of significant care and medical equipment and
29 24-hour-a-day attendant care, and
30 WHEREAS, a lawsuit was filed against the Halifax
31 Hospital Medical Center, alleging that the negligence of
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SENATE AMENDMENT
Bill No. SB 36 Barcode 885512
Amendment No. 1
1 hospital employees caused the injuries to Steven Mitchell, and
2 WHEREAS, after years of litigation but prior to trial,
3 the parties began settlement negotiations in an effort to
4 resolve this matter, and
5 WHEREAS, the parties have reached an agreement whereby
6 the Halifax Hospital Medical Center would pay a total of
7 $2,500,000 to resolve this claim, and
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