Senate Bill sb0036

    Florida Senate - 2001        (NP)                        SB 36

    By Senator Campbell





    33-49A-01

  1                      A bill to be entitled

  2         An act relating to Halifax Hospital Medical

  3         Center, a special taxing district in Volusia

  4         County d/b/a Halifax Medical Center; providing

  5         for the relief of Steven Mitchell; authorizing

  6         and directing Halifax Hospital Medical Center

  7         to compensate Mr. Mitchell for personal

  8         injuries that he suffered while at Halifax

  9         Medical Center; providing an effective date.

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11         WHEREAS, on March 8, 1995, Steven Mitchell, who had

12  traveled from his home in Nashville, Tennessee, to Daytona

13  Beach to attend bike week, was riding his Harley Davidson

14  northbound on County Road 415 in West Volusia County when a

15  motorist pulled out of a side road immediately into Mr.

16  Mitchell's path, causing an accident, and

17         WHEREAS, emergency medical personnel stabilized Mr.

18  Mitchell's neck appropriately and transported him to Halifax

19  Hospital's emergency room, where he was diagnosed incorrectly,

20  discharged prematurely, and left on a gurney in a hallway of

21  the emergency room for nearly 7 hours until some friends could

22  pick him up, and

23         WHEREAS, when his friends picked him up, they found him

24  unable to control his arms in a meaningful way and, after they

25  protested that it was inappropriate to discharge him, medical

26  personnel nevertheless discharged him without an evaluation

27  and without due care, and

28         WHEREAS, by the next day, Mr. Mitchell was experiencing

29  respiratory problems and severe pain and could not move his

30  legs, and

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    Florida Senate - 2001        (NP)                        SB 36
    33-49A-01




  1         WHEREAS, after he was subsequently readmitted to the

  2  emergency department, it was immediately determined that his

  3  spinal cord had been damaged so as to cause quadriplegia, and

  4         WHEREAS, neurosurgeons who have reviewed his case agree

  5  that if Mr. Mitchell had been properly evaluated before his

  6  initial discharge from the Halifax Hospital emergency room, he

  7  clearly would not have been discharged and surgical

  8  intervention would have occurred immediately, thus preventing

  9  the devastating injury that has resulted, and

10         WHEREAS, Steven Mitchell currently resides in Tennessee

11  and is in need of significant care and medical equipment and

12  24-hour-a-day attendant care, and

13         WHEREAS, a life-care plan has been prepared, and the

14  present value of the plan is between $5.5 million and $10

15  million, and

16         WHEREAS, a lawsuit was filed against the Halifax

17  Hospital Medical Center, alleging that the negligence of

18  hospital employees caused the injuries to Steven Mitchell, and

19         WHEREAS, after years of litigation but prior to trial,

20  the parties began settlement negotiations in an effort to

21  resolve this matter, and

22         WHEREAS, the parties have reached an agreement whereby

23  the Halifax Hospital Medical Center would pay a total of

24  $2,500,000 to resolve this claim, and

25         WHEREAS, the agreement between the parties has been

26  reviewed and approved by the circuit court, and

27         WHEREAS, pursuant to the agreement and in accordance

28  with the limits set forth in section 768.28, Florida Statutes,

29  the Halifax Hospital Medical Center has paid Steven Mitchell

30  $200,000, leaving a total of $2,300,000 to be paid pursuant to

31  a claim bill, NOW, THEREFORE,

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    Florida Senate - 2001        (NP)                        SB 36
    33-49A-01




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

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

  4  act are found and declared to be true.

  5         Section 2.  Halifax Hospital Medical Center, a special

  6  taxing district in Volusia County d/b/a Halifax Medical

  7  Center, is authorized and directed to appropriate from funds

  8  of the medical center not otherwise appropriated and to draw a

  9  warrant payable to Steven Mitchell in the amount of $2.3

10  million to compensate him for injuries and damages he

11  sustained as a result of the negligence of employees of

12  Halifax Medical Center. After payment of attorney's fees,

13  costs, and other authorized expenses, the balance of the

14  moneys appropriated shall be used to purchase annuities that

15  will fund the Special Needs Trust created for the benefit of

16  Steven Mitchell.

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

18  law.

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