House Bill hb0187

    Florida House of Representatives - 2002                 HB 187

        By Representative Attkisson






  1                      A bill to be entitled

  2         An act for the relief of Towanna Denise

  3         Hopkins, incompetent, by and through Willie Lee

  4         Hopkins, her father and legally appointed

  5         guardian, Robert Keith Bowman, Jr., son of

  6         Towanna Denise Hopkins, and Willie Lee Hopkins,

  7         individually; authorizing and directing the

  8         Florida Board of Regents, the University of

  9         South Florida, and the USF Health Sciences

10         Center Insurance Company to compensate them for

11         injuries and damages sustained as a result of

12         the negligence of agents of the Florida Board

13         of Regents by and through the University of

14         South Florida College of Medicine; providing an

15         effective date.

16

17         WHEREAS, on April 25, 1996, Towanna Denise Hopkins was

18  a 31-year-old single mother raising her 15-year-old son,

19  Robert Keith Bowman, Jr., and

20         WHEREAS, Towanna Denise Hopkins, who was otherwise in

21  good health, underwent surgery to remove a benign liver tumor

22  on April 25, 1996, and

23         WHEREAS, physicians, including residents from the

24  University of South Florida, who were agents and employees of

25  the Board of Regents of the State of Florida were charged with

26  the responsibility for the surgery performed on Towanna Denise

27  Hopkins, as well as for her post-surgical care and management,

28  and

29         WHEREAS, the surgical techniques that were employed

30  resulted in substantial abdominal blood loss of approximately

31  21 liters during the course of the surgery, and

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    Florida House of Representatives - 2002                 HB 187

    743-102A-02






  1         WHEREAS, immediately following her surgery, Towanna

  2  Denise Hopkins continued to experience significant blood loss,

  3  which continued through the evening after the surgery, as well

  4  as the next morning, and

  5         WHEREAS, on the morning of April 26, 1996, immediate or

  6  emergency surgery was scheduled to correct post-surgical

  7  bleeding, and

  8         WHEREAS, emergency surgery did not take place, and

  9  surgery was not performed until 1:30 p.m. on April 26, 1996,

10  and

11         WHEREAS, as a result of uncorrected or uncontrolled

12  post-operative bleeding, Ms. Hopkins went into cardiac and

13  respiratory arrest during the surgery that was conducted on

14  April 26, 1996, resulting in profound and substantial

15  irreversible anoxic brain damage, and

16         WHEREAS, as a result of these injuries, Towanna Denise

17  Hopkins is in a minimally conscious or comatose state with

18  little or no cognitive function and has been and remains a

19  patient at University Village Nursing Home and requires

20  continuous 24-hour-a-day care, and

21         WHEREAS, Towanna Denise Hopkins has been caused to

22  suffer physical incapacitation, mental pain and suffering,

23  disfigurement, loss of the enjoyment of life, past and future

24  medical expenses, loss of past wages and of future earning

25  capacity, disability, and expenses for medical and nursing

26  care and treatment, and

27         WHEREAS, Towanna Denise Hopkins' son, Robert Keith

28  Bowman, Jr., sustained damages, including permanent loss of

29  the services, comfort, companionship, and society of his

30  mother, and

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    Florida House of Representatives - 2002                 HB 187

    743-102A-02






  1         WHEREAS, a lawsuit was brought against the Florida

  2  Board of Regents and the insurer for the University of South

  3  Florida's Medical School, the USF Health Sciences Center

  4  Insurance Company, and

  5         WHEREAS, this matter was scheduled for jury trial

  6  during the week of June 19, 2000, and

  7         WHEREAS, prior to trial, the parties began negotiations

  8  in an effort to settle this matter and provide adequate

  9  compensation to Ms. Hopkins and her family for their losses,

10  and

11         WHEREAS, on July 19, 2000, the parties signed a

12  settlement agreement, in which they agreed to a compromise

13  settlement to be paid pursuant to the settlement agreement,

14  and

15         WHEREAS, the Florida Board of Regents and the USF

16  Health Sciences Center Insurance Company support the claim

17  bill and have agreed to assist in the passage of the claim

18  bill, NOW, THEREFORE,

19

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

21

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

23  act are found and declared to be true.

24         Section 2.  The Florida Board of Regents, the

25  University of South Florida, and the USF Health Sciences

26  Center Insurance Company, collectively, are authorized and

27  directed to appropriate from funds not otherwise appropriated

28  and to draw a warrant in the sum of $3,260,563 payable to

29  Towanna Denise Hopkins, incompetent, by and through her father

30  and legally appointed guardian, Willie Lee Hopkins, as

31  compensation for past and future damages arising out of

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    Florida House of Representatives - 2002                 HB 187

    743-102A-02






  1  injuries she sustained as a result of the negligence of agents

  2  of the Florida Board of Regents by and through the University

  3  of South Florida College of Medicine.

  4         Section 3.  The Florida Board of Regents, the

  5  University of South Florida, and the USF Health Sciences

  6  Center Insurance Company, collectively, are authorized and

  7  directed to appropriate from funds not otherwise appropriated

  8  and to draw a warrant in the sum of $333,333 payable to Robert

  9  Keith Bowman, Jr., son of Towanna Denise Hopkins, as

10  compensation for past and future damages arising out of

11  injuries sustained by his mother, Towanna Denise Hopkins.

12         Section 4.  The Florida Board of Regents, the

13  University of South Florida, and the USF Health Sciences

14  Center Insurance Company, collectively, are authorized and

15  directed to appropriate from funds not otherwise appropriated

16  and to draw a warrant in the sum of $100,000 payable to Willie

17  Lee Hopkins, individually, as compensation for past and future

18  medical expenses incurred in providing care for his daughter,

19  Towanna Denise Hopkins.

20         Section 5.  The Comptroller is directed to draw a

21  warrant in favor of Willie Lee Hopkins, father and legally

22  appointed guardian of Towanna Denise Hopkins, for the benefit

23  of Towanna Denise Hopkins, in the sum of $3,260,563 upon funds

24  of the Florida Board of Regents, the University of South

25  Florida, and the USF Health Sciences Insurance Company,

26  collectively, in the State Treasury not otherwise appropriated

27  and the State Treasurer is directed to pay the same out of

28  such funds in the State Treasury.

29         Section 6.  The Comptroller is directed to draw a

30  warrant in favor of Robert Keith Bowman, Jr., in the sum of

31  $333,333 upon funds of the Florida Board of Regents, the

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    Florida House of Representatives - 2002                 HB 187

    743-102A-02






  1  University of South Florida, and the USF Health Sciences

  2  Insurance Company, collectively, in the State Treasury not

  3  otherwise appropriated and the State Treasurer is directed to

  4  pay the same out of such funds in the State Treasury.

  5         Section 7.  The Comptroller is directed to draw a

  6  warrant in favor of Willie Lee Hopkins in the sum of $100,000

  7  upon funds of the Florida Board of Regents, the University of

  8  South Florida, and the USF Health Sciences Insurance Company,

  9  collectively, in the State Treasury not otherwise appropriated

10  and the State Treasurer is directed to pay the same out of

11  such funds in the State Treasury.

12         Section 8.  This act shall take effect upon becoming a

13  law.

14

15            *****************************************

16                       LEGISLATIVE SUMMARY

17
      Authorizes and directs the Florida Board of Regents, the
18    USF Health Sciences Center Insurance Company, and the
      University of South Florida to compensate Towanna Denise
19    Hopkins, her son, Robert Keith Bowman, Jr., and her
      father, Willie Lee Hopkins, for injuries and damages they
20    sustained due to the negligence of agents of the Florida
      Board of Regents by and through the University of South
21    Florida College of Medicine.

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