House Bill hb0189e1

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                                           HB 189, First Engrossed



  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, was riding his motorcycle northbound on County Road 415

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

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

16  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, treated,

20  and released, 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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                                           HB 189, First Engrossed



  1  hospital employees caused or contributed to the injuries to

  2  Steven Mitchell, and

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

  4  the parties began settlement negotiations in an effort to

  5  resolve this matter, and

  6         WHEREAS, the parties have reached an agreement whereby

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

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

  9         WHEREAS, the agreement between the parties has been

10  reviewed and approved by the circuit court, and

11         WHEREAS, pursuant to the agreement and in accordance

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

13  the Halifax Hospital Medical Center has paid Steven Mitchell

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

15  $2,300,000 to be paid pursuant to a claim bill, NOW,

16  THEREFORE,

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

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

21  act are found and declared to be true.

22         Section 2.  Halifax Hospital Medical Center, a special

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

24  Center, is authorized and directed to appropriate from funds

25  of the medical center not otherwise appropriated and to draw

26  warrants payable as follows:

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

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

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

30  will be administered based upon his needs;

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                                           HB 189, First Engrossed



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

  2  the Special Needs Trust;

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

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

  5  of attorney's fees; and

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

  7  as payment of costs incurred.

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

  9  law.

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