House Bill hb0637

    Florida House of Representatives - 2002                 HB 637

        By Representative Romeo






  1                      A bill to be entitled

  2         An act relating to Hillsborough County;

  3         providing for the relief of James T. Edwards;

  4         providing for an appropriation to compensate

  5         him for injuries caused by the negligence of

  6         Hillsborough County; providing an effective

  7         date.

  8

  9         WHEREAS, on May 31, 1997, James T. Edwards was at a

10  party with friends, during which time he fell and injured his

11  head several times while drinking vodka, and

12         WHEREAS, James T. Edwards' friends placed him in the

13  bathtub to help him regain his sobriety and called

14  Hillsborough County Emergency Medical Services, and

15         WHEREAS, an operator received the call and, after

16  hearing that James T. Edwards had been placed in the bathtub,

17  instructed the caller to remove James T. Edwards from the tub

18  and place him on a chair, during which time James T. Edwards

19  was moving his arms and legs, and

20         WHEREAS, upon arriving at the scene, Hillsborough

21  County Emergency Medical Services personnel acted contrary to

22  protocol by failing to place James T. Edwards, who was in an

23  altered state of consciousness, on a backboard to immobilize

24  his spine, and

25         WHEREAS, Hillsborough County Emergency Medical Services

26  personnel lifted James T. Edwards under his arms and by his

27  feet so that his body dropped in a U-shaped position and threw

28  him onto a stretcher, rolled him to the ambulance, and threw

29  him carelessly into the ambulance, and

30         WHEREAS, at no time at the scene did Hillsborough

31  County Emergency Medical Services personnel note any paralysis

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    Florida House of Representatives - 2002                 HB 637

    792-110-02






  1  or priapism, but rather noted that James T. Edwards'

  2  extremities were within normal limits, and

  3         WHEREAS, contrary to protocol, James T. Edwards was

  4  taken to Brandon Hospital rather than to a trauma center, and

  5         WHEREAS, at the emergency room, James T. Edwards was

  6  found to have a priapism and to have suffered a subluxation of

  7  his spine at C6-7 with a complete spinal cord lesion at that

  8  level, resulting in quadriplegia, and

  9         WHEREAS, the two Hillsborough County Emergency Medical

10  Services personnel have admitted in depositions that, given

11  his condition, James T. Edwards' spine should have been

12  immobilized, and

13         WHEREAS, Dr. Henry E. Smoak, an expert in such

14  emergency procedures, has concluded that under the given

15  conditions there was a departure in the standard of care on

16  behalf of Hillsborough County Emergency Medical Services, and

17         WHEREAS, as a result of the negligence of the

18  Hillsborough County Emergency Medical Services, James T.

19  Edwards suffers from an inability to walk, bowel and bladder

20  incontinence, impotence, lower back pain, a decubitus ulcer on

21  the left buttock, a compromised functioning in both hands, and

22  pinholes on the side of his tracheotomy, and

23         WHEREAS, a lawsuit was filed and this case was

24  submitted to an arbitrator to assess the amount of damages,

25  which amount has not been finalized, NOW, THEREFORE,

26

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

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29         Section 1.  The facts stated in the preamble of this

30  act are found and declared to be true.

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    Florida House of Representatives - 2002                 HB 637

    792-110-02






  1         Section 2.  The Board of County Commissioners of

  2  Hillsborough County is authorized and directed to appropriate

  3  from funds of the county not otherwise appropriated and to

  4  draw a warrant in the sum of $8 million, which amount includes

  5  statutory attorney's fees and costs, payable to James T.

  6  Edwards to compensate him for injuries and damages sustained

  7  as a result of the negligence of Emergency Medical Services

  8  personnel of Hillsborough County.

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

10  law.

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CODING: Words stricken are deletions; words underlined are additions.