CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
hbd-27 Bill No. HB 61
Amendment No. ___ (for drafter's use only)
CHAMBER ACTION
Senate House
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5 ORIGINAL STAMP BELOW
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11 Representative(s) Rubio offered the following:
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13 Amendment (with title amendment)
14 Remove everything after the enacting clause
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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. The North Broward Hospital District is
20 directed to compensate Lori Schwartz and Larry Schwartz as
21 parents and legal guardians of Mark Schwartz, a minor, in the
22 amount of $400,000 for injuries and damages caused by the
23 negligence of the district, such payment to be made out of the
24 district's Self Insured Trust. After payment of statutory
25 attorney's fees and costs, the balance shall be paid into the
26 guardianship account established for Mark Schwartz.
27 Section 3. This act shall take effect upon becoming a
28 law.
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HOUSE AMENDMENT
hbd-27 Bill No. HB 61
Amendment No. ___ (for drafter's use only)
1 ================ T I T L E A M E N D M E N T ===============
2 And the title is amended as follows:
3 remove: the entire title
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5 and insert:
6 A bill to be entitled
7 An act relating to the North Broward Hospital
8 District; providing for the relief of Mark
9 Schwartz, a minor, for injuries sustained as a
10 result of the negligence of employees of the
11 Coral Springs Medical Center; providing an
12 effective date.
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14 WHEREAS, on April 29, 1997, Lori Schwartz, who was nine
15 months pregnant and in labor, presented herself at the Coral
16 Springs Medical Center, and
17 WHEREAS, Ms. Schwartz was admitted to the hospital,
18 where her difficult labor continued for many hours, and
19 WHEREAS, the nurses who cared for Ms. Schwartz during
20 her labor were aware of the difficulties of the labor and of
21 the indication of fetal distress, and
22 WHEREAS, the nurses caring for Ms. Schwartz during her
23 labor failed to assess the situation and communicate the
24 difficulties of the labor and the fetal distress to the
25 obstetrician in a timely manner, and
26 WHEREAS, as a result of the nurses' failure to timely
27 assess the situation and timely notify the physician of the
28 fetal distress, Ms. Schwartz's baby, Mark Schwartz, suffered
29 anoxic encephalopathy during deliver, and
30 WHEREAS, as a result of the lack of oxygen during his
31 birth, Mark Schwartz suffers from serious and irreversible
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File original & 9 copies 02/25/02
hbd0005 03:27 pm 00061-0111-472683
HOUSE AMENDMENT
hbd-27 Bill No. HB 61
Amendment No. ___ (for drafter's use only)
1 brain damage, which has left him profoundly disabled with
2 severe cognitive and motor dysfunction necessitating full-time
3 care for the rest of his life, and
4 WHEREAS, a lawsuit was filed against the North Broward
5 Hospital District and others for compensation, and
6 WHEREAS, during the litigation but before trial, the
7 parties reached a settlement, and
8 WHEREAS, pursuant to the settlement, the North Broward
9 Hospital District has agreed to pay a total of $600,000 to
10 compensate Mark Schwartz for his injuries, and
11 WHEREAS, the hospital district has paid $200,000,
12 pursuant to section 768.28, Florida Statutes, and agrees to
13 affirmatively support a claim bill in the amount of $400,000,
14 NOW, THEREFORE,
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File original & 9 copies 02/25/02
hbd0005 03:27 pm 00061-0111-472683