Senate Bill sb0002
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 2
By Senator Sebesta
16-27-03
1 A bill to be entitled
2 An act for the relief of Joseph G. Donahey,
3 Jr., and Tena Donahey, his spouse; providing an
4 appropriation to compensate them for injuries
5 received by Joseph Donahey, Jr., and for
6 damages sustained by Mr. and Mrs. Donahey as a
7 result of the negligence of the Board of
8 Regents of the State of Florida; providing an
9 effective date.
10
11 WHEREAS, Joseph G. Donahey, Jr., a circuit judge of the
12 State of Florida, has for years suffered a continually
13 worsening condition of the back which caused him significant
14 pain and suffering and was beginning to affect his ability to
15 serve as a circuit judge, and
16 WHEREAS, Joseph G. Donahey, Jr., consulted with his
17 personal physician and was referred by his personal physician
18 to Dr. David W. Cahill, who was reputed to be skilled in
19 orthopedic surgery, and
20 WHEREAS, Joseph G. Donahey, Jr., consulted with Dr.
21 Cahill and was advised that a surgical procedure could be
22 performed on his back which would probably significantly
23 improve the condition of his back, and
24 WHEREAS, Joseph G. Donahey, Jr., consented to surgery
25 by Dr. David W. Cahill, to be conducted at Tampa General
26 Hospital in Tampa, Florida, and
27 WHEREAS, Joseph G. Donahey, Jr., was advised that the
28 surgery would likely last approximately 4-1/2 hours, and
29 WHEREAS, unknown to Joseph G. Donahey, Jr., Dr. Cahill
30 was performing such surgery as an employee of the Board of
31 Regents of the State of Florida, and
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 2
16-27-03
1 WHEREAS, the surgery was performed on January 11, 1999,
2 at Tampa General Hospital, and
3 WHEREAS, unknown to Joseph G. Donahey, Jr., the surgery
4 was not performed solely by David W. Cahill but, in fact, was
5 performed in part by a different doctor, who was only a
6 resident physician employed by the University of South Florida
7 and who, as part of his training, was employed by the Board of
8 Regents and received training by observing and participating
9 in surgery conducted by Dr. David W. Cahill, a professor at
10 the University of South Florida, and
11 WHEREAS, unknown to Joseph G. Donahey, Jr., the
12 anesthesiologist was also a resident student at the University
13 of South Florida and, as such, performed anesthesiology
14 services on patients who were being operated on by Dr. Cahill
15 and others while under only partial supervision by a
16 board-certified anesthesiologist who was a professor at the
17 University of South Florida, and
18 WHEREAS, the surgery lasted for approximately 10 hours,
19 instead of the estimated 4-1/2 hours, during which time Dr.
20 David W. Cahill supervised or performed surgery on two other
21 patients in addition to Joseph G. Donahey, Jr., and
22 WHEREAS, by reason of the length and complexity of the
23 surgery, the blood pressure of Joseph G. Donahey, Jr., was
24 kept at a minimal level for an excessive period of time and
25 was not adequately monitored by the anesthesiologist, and
26 whole blood of Joseph G. Donahey, Jr., which was available to
27 the doctors was not appropriately used; and, as a result of
28 both of these events, negligently performed by employees or
29 agents of the Board of Regents, Judge Donahey was injured, and
30 WHEREAS, as a result of the actions of the agents of
31 the Board of Regents and the above-described surgery, Judge
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 2
16-27-03
1 Joseph G. Donahey, Jr., became permanently blind in both eyes,
2 and
3 WHEREAS, the employees and agents of the Board of
4 Regents knew or, by the exercise of reasonable care, should
5 have known that there were numerous reports of blindness
6 occurring in situations of excessively long surgeries and knew
7 or should have known, by reason of such fact, that special
8 care and monitoring should be undertaken regarding the blood
9 pressure of the patient while undergoing surgery and, further,
10 that surgical procedures involving operations at two levels of
11 the spine, as in the case of Judge Donahey, would unduly
12 lengthen the surgery time and, therefore, should not be
13 attempted when it was possible to do such surgical procedures
14 in two surgeries, and
15 WHEREAS, although agents of the Board of Regents were
16 knowledgeable about such risks of blindness, they failed to
17 warn or notify Joseph G. Donahey, Jr., of the risks involved
18 and to seek his informed consent to such surgeries under such
19 circumstances, and
20 WHEREAS, if he had been informed of the risks of
21 blindness involved, Joseph G. Donahey, Jr., would not have
22 undergone the surgeries attempted by David W. Cahill, and
23 WHEREAS, in accordance with the Florida Medical
24 Malpractice Act, Joseph G. Donahey, Jr., joined by his wife,
25 Tena Donahey, filed a notice of intent to commence litigation
26 and took statements of the physicians and the
27 anesthesiologists involved and supported their notice of
28 intent to commence litigation with the requisite affidavits
29 required by law, and all of such proceedings are confidential
30 and privileged under the Florida Statutes, and
31
3
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 2
16-27-03
1 WHEREAS, the Board of Regents of the State of Florida
2 denied liability as authorized by the Florida Medical
3 Malpractice Act, and
4 WHEREAS, Joseph G. Donahey, Jr., filed a lawsuit
5 against the Board of Regents of the State of Florida in the
6 Thirteenth Judicial Circuit of Hillsborough County, Florida,
7 and took discovery depositions of the physicians involved and
8 obtained the records relating to the care and treatment
9 involved and fully complied with all pretrial requirements of
10 law, and
11 WHEREAS, the Board of Regents offered to Joseph and
12 Tena Donahey the sum of $100,000 each, which is the maximum
13 amount payable under section 768.28, Florida Statutes, except
14 pursuant to a legislative claim bill, and
15 WHEREAS, the Board of Regents submitted for signature
16 to Joseph and Tena Donahey a proposed release that would have
17 prevented them from seeking relief from the Legislature, and
18 WHEREAS, Joseph and Tena Donahey refused to sign a
19 release containing such a limitation and, thereafter, executed
20 a release to the Board of Regents which did not contain such a
21 requirement, and
22 WHEREAS, thereafter, the Board of Regents tendered to
23 Joseph and Tena Donahey a release that did not contain any
24 restriction on their right to request compensation from the
25 Legislature, and
26 WHEREAS, Joseph and Tena Donahey signed that release,
27 and
28 WHEREAS, Joseph G. Donahey, Jr., has suffered
29 significant mental pain and suffering and loss of the
30 enjoyment of his life by reason of his blindness and has
31 continued to serve as a circuit judge with great difficulty,
4
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 2
16-27-03
1 and, upon his retirement from the bench, his earning capacity
2 either as a teacher or as a lawyer will be significantly and
3 adversely affected by his blindness, and
4 WHEREAS, Joseph G. Donahey, Jr., has incurred economic
5 expenses in his attempt to seek relief from his blindness not
6 compensated by insurance, and
7 WHEREAS, Tena Donahey has suffered an economic loss by
8 reason of her husband's injuries by her need to assist him in
9 his daily life and has also suffered a significant loss of
10 consortium, NOW, THEREFORE,
11
12 Be It Enacted by the Legislature of the State of Florida:
13
14 Section 1. The facts stated in the preamble to this
15 act are found and declared to be true.
16 Section 2. There is appropriated from the General
17 Revenue Fund to the Board of Regents the sum of $1 million for
18 the relief of Joseph G. Donahey, Jr., for injuries and damages
19 sustained.
20 Section 3. The Comptroller is directed to draw a
21 warrant in favor of Joseph G. Donahey, Jr., in the sum of $1
22 million upon the funds of the Board of Regents in the State
23 Treasury, and the State Treasurer is directed to pay the same
24 out of such funds in the State Treasury.
25 Section 4. The sum of $500,000 is appropriated from
26 the General Revenue Fund to the Board of Regents for the
27 relief of Tena Donahey, for injuries and damages sustained.
28 Section 5. The Comptroller is directed to draw a
29 warrant in favor of Tena Donahey in the sum of $500,000 upon
30 the funds of the Board of Regents in the State Treasury, and
31
5
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 (NP) (Corrected Copy) SB 2
16-27-03
1 the State Treasurer is directed to pay the same out of such
2 funds in the State Treasury.
3 Section 6. This act shall take effect upon becoming a
4 law.
5
6 *****************************************
7 SENATE SUMMARY
8 Provides an appropriation to compensate Joseph G.
Donahey, Jr., and his spouse, Tena Donahey, for injuries
9 sustained by Joseph G. Donahey, Jr., and for damages
sustained by Mr. and Mrs. Donahey as a result of the
10 negligence of the Board of Regents of the State of
Florida.
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
6
CODING: Words stricken are deletions; words underlined are additions.