HOUSE AMENDMENT

                                                   Bill No. HB 189

    Amendment No. 1 (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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  5                                           ORIGINAL STAMP BELOW

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10  ______________________________________________________________

11  The Committee on Claims offered the following:

12

13         Amendment (with title amendment) 

14  Remove everything after the enacting clause

15

16  and insert:

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

18  act are found and declared to be true.

19         Section 2.  Halifax Hospital Medical Center, a special

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

21  Center, is authorized and directed to appropriate from funds

22  of the medical center not otherwise appropriated and to draw

23  warrants payable as follows:

24         (1)  To Steven Mitchell in the amount of $15,000 per

25  month into a Special Needs Trust for the remainder of his life

26  to compensate him for injuries and damages he sustained, which

27  will be administered based upon his needs;

28         (2)  To Steven Mitchell in the amount of $50,000 into

29  the Special Needs Trust;

30         (3)  To claimant's attorneys, Searcy, Denney, Scarola,

31  Barnhart & Shipley, P.A., in the amount of $625,000 as payment

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    File original & 9 copies    01/30/02
    hcla002                     05:33 pm         00189-cl  -132523




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 189

    Amendment No. 1 (for drafter's use only)





  1  of attorney's fees; and

  2         (4)  To claimant's attorneys in the amount of $200,000

  3  as payment of costs incurred.

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

  5  law.

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  7

  8  ================ T I T L E   A M E N D M E N T ===============

  9  And the title is amended as follows:

10  remove:  the entire title

11

12  and insert:

13         An act relating to Halifax Hospital Medical

14         Center, a special taxing district in Volusia

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

16         for the relief of Steven Mitchell; authorizing

17         and directing Halifax Hospital Medical Center

18         to compensate Mr. Mitchell for personal

19         injuries that he suffered while at Halifax

20         Medical Center; providing an effective date.

21

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

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

24  Beach, was riding his motorcycle northbound on County Road 415

25  in West Volusia County when a motorist pulled out of a side

26  road immediately into Mr. Mitchell's path, causing an

27  accident, and

28         WHEREAS, emergency medical personnel stabilized Mr.

29  Mitchell's neck appropriately and transported him to Halifax

30  Hospital's emergency room, where he was diagnosed, treated,

31  and released, and

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    File original & 9 copies    01/30/02
    hcla002                     05:33 pm         00189-cl  -132523




                                                   HOUSE AMENDMENT

                                                   Bill No. HB 189

    Amendment No. 1 (for drafter's use only)





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

  2  respiratory problems and severe pain and could not move his

  3  legs, and

  4         WHEREAS, after he was subsequently readmitted to the

  5  emergency department, it was immediately determined that his

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

  7         WHEREAS, Steven Mitchell currently resides in Tennessee

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

  9  24-hour-a-day attendant care, and

10         WHEREAS, a lawsuit was filed against the Halifax

11  Hospital Medical Center, alleging that the negligence of

12  hospital employees caused or contributed to the injuries to

13  Steven Mitchell, and

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

15  the parties began settlement negotiations in an effort to

16  resolve this matter, and

17         WHEREAS, the parties have reached an agreement whereby

18  the Halifax Hospital Medical Center would pay a sum that has a

19  present total value of $2,500,000 to resolve this claim, and

20         WHEREAS, the agreement between the parties has been

21  reviewed and approved by the circuit court, and

22         WHEREAS, pursuant to the agreement and in accordance

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

24  the Halifax Hospital Medical Center has paid Steven Mitchell

25  and his emancipated daughter $200,000, leaving a total of

26  $2,300,000 to be paid pursuant to a claim bill, NOW,

27  THEREFORE,

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    File original & 9 copies    01/30/02
    hcla002                     05:33 pm         00189-cl  -132523