HB 0705

CS

CHAMBER ACTION

1	The Justice Council recommends the following:
2
3	Council/Committee Substitute
4	Remove the entire bill and insert:
5
6	A bill to be entitled
7	An act for the relief of Sharon Jurgrau, wife of Mark
8	Jurgrau, deceased, and Megan Jurgrau, minor child of Mark
9	and Sharon Jurgrau, by the South Broward Hospital
10	District; providing for an appropriation to compensate
11	them for the death of Mark Jurgrau as a result of the
12	negligence of the South Broward Hospital District;
13	providing an effective date.
14
15	WHEREAS, in the summer of 1999, Mark Jurgrau, an architect,
16	38 years of age and a resident of Broward County, underwent
17	medical tests after exhibiting weakness and shortness of breath
18	while engaging in athletic activity, and
19	WHEREAS, the tests revealed that Mark Jurgrau had a problem
20	with the aortic valve of the heart, and as a result of the
21	diagnosis, he was advised to have surgery to replace the aortic
22	valve, and
23	WHEREAS, Mark Jurgrau's doctors recommended a surgical
24	procedure known as the "Ross procedure" in which the patient's
25	own pulmonic valve is used to replace the aortic valve, and
26	WHEREAS, the procedure, commonly used in younger patients,
27	was chosen due to the fact that it is effective for a very long
28	period of time and does not require the patient to take
29	medications subsequent to surgery, and
30	WHEREAS, the Ross procedure was performed on Mark Jurgrau
31	on September 2, 1999, at Memorial Hospital, part of the South
32	Broward Hospital District, and
33	WHEREAS, Mark Jurgrau tolerated the procedure well and
34	appeared to be doing fine, and
35	WHEREAS, the decision to replace Mark Jurgrau's aortic
36	valve was a good decision, the choice of the Ross procedure was
37	a sound choice, and the operation was performed ably and
38	correctly, and
39	WHEREAS, however, one of the risks of this procedure is the
40	possible occurrence of internal bleeding at the location of the
41	operation, and
42	WHEREAS, internal bleeding following this procedure does
43	occur from time to time, is easily recognizable and readily
44	treatable, and is not an indication of negligence per se, and
45	WHEREAS, one of the primary reasons patients are kept in
46	the hospital following this type of surgery is so they can be
47	observed for complications, and
48	WHEREAS, the negligence in this case occurred in the
49	failure of the employees of Memorial Hospital to provide Mark
50	Jurgrau with appropriate postoperative care, and
51	WHEREAS, following his operation, the management of Mark
52	Jurgrau's care was entrusted to a nurse, Kathy Kater, ARNP, and
53	WHEREAS, the surgeon who operated on Mark Jurgrau never saw
54	him again, and Kathy Kater and the other hospital nurses became
55	Mark Jurgrau's health care team, and
56	WHEREAS, from the time of Mark Jurgrau's operation on
57	September 2, 1999, to the time of his death on September 6,
58	1999, Mark Jurgrau exhibited signs and symptoms of internal
59	bleeding, and
60	WHEREAS, in order to monitor for internal bleeding, blood
61	is drawn from a patient daily, and
62	WHEREAS, when a person is losing blood, laboratory values
63	drop as blood contents are used up, and
64	WHEREAS, Mark Jurgrau's hematocrit, hemoglobin, and
65	platelets were all dropping, each day registering much lower
66	than the day before, and
67	WHEREAS, in the 5 days he was in Memorial Hospital, Mark
68	Jurgrau's blood values fell to less than 30 percent of normal,
69	and
70	WHEREAS, also, in order to determine if blood is
71	accumulating in a patient's chest, X-rays are taken daily and
72	the patient's breathing is monitored daily, and
73	WHEREAS, Mark Jurgrau's X-rays showed his lungs filling
74	with blood, more each day than the day before, and
75	WHEREAS, his breathing decreased each day as the portions
76	of his lungs which were full of blood could no longer transfer
77	oxygen, and
78	WHEREAS, as Mark Jurgrau's blood became depleted and his
79	lungs filled with blood, he became deprived of oxygen, which
80	made him weak, dizzy, and disoriented, as evidenced by the fact
81	that his oxygen saturation fell precipitously, and
82	WHEREAS, despite the fact that all appropriate tests were
83	administered and all the results of those tests indicated
84	problems, no intervention was ordered based upon Mark Jurgrau's
85	test results, and
86	WHEREAS, by September 5, 1999, Mark Jurgrau was dying,
87	slowly bleeding to death and drowning in his own blood, and
88	WHEREAS, as he became disoriented from lack of oxygen, the
89	hospital nurses called Nurse Kater, and
90	WHEREAS, without coming in to the hospital to observe Mark
91	Jurgrau, Nurse Kater diagnosed him as having a panic attack and,
92	over the telephone, ordered Xanax to be administered to Mr.
93	Jurgrau, and
94	WHEREAS, on September 6, 1999, Mark Jurgrau's condition
95	became critical, and
96	WHEREAS, Mark Jurgrau was gasping for air, turning pale and
97	cold, and writhing in pain, and
98	WHEREAS, Nurse Kater was again contacted, and again, via
99	telephone, Nurse Kater diagnosed Mark Jurgrau as having a panic
100	attack, and
101	WHEREAS, Mark Jurgrau arrested and a code blue was called,
102	but it was too late, and
103	WHEREAS, Mark Jurgrau died at the age of 38, leaving his
104	wife of 8 years, Sharon Jurgrau, and a 4-year-old daughter,
105	Megan Jurgrau, and
106	WHEREAS, upon performing an autopsy, the medical examiner
107	confirmed that Mark Jurgrau died from undiagnosed internal
108	bleeding, and
109	WHEREAS, the case was also reviewed by a recognized
110	authority in cardiac surgery, Dr. Dudley Johnson, regarded as
111	the father of cardiac surgery and, along with Dr. Michael
112	DeBakey, the co-inventor of the modern coronary bypass
113	operation, and
114	WHEREAS, Dr. Johnson confirmed that Mark Jurgrau's death
115	was unnecessary and unreasonable, and
116	WHEREAS, at the time of his death, Mark Jurgrau was in the
117	beginning stages of a very successful career as an architect,
118	and
119	WHEREAS, based on his age and proven earning potential,
120	economic damages alone were over $10 million, and
121	WHEREAS, Mark and Sharon Jurgrau's daughter, Megan Jurgrau,
122	now 9 years of age, has experienced emotional distress as a
123	result of the death of her father, and
124	WHEREAS, recognizing this as a case involving malpractice
125	and catastrophic damages, the South Broward Hospital District
126	settled the matter, tendering $200,000 pursuant to the limits of
127	liability established pursuant to section 768.28, Florida
128	Statutes, and agreeing to support a claim bill in the amount of
129	$500,000, NOW, THEREFORE,
130
131	Be It Enacted by the Legislature of the State of Florida:
132
133	Section 1.  The facts stated in the preamble to this act
134	are found and declared to be true.
135	Section 2.  The South Broward Hospital District is
136	authorized and directed to appropriate from funds of the
137	district not otherwise appropriated and to draw a warrant in the
138	sum of $500,000 payable to Sharon Jurgrau, wife of Mark Jurgrau,
139	deceased, as compensation for the death of Mark Jurgrau as a
140	result of the negligence of the South Broward Hospital District.
141	After payment of fees, costs, and authorized expenses, 75
142	percent of the proceeds recovered through the passage of this
143	act shall be apportioned to Sharon Jurgrau, wife of Mark
144	Jurgrau, and 25 percent of the proceeds recovered through the
145	passage of this act shall be deposited into the guardianship
146	account of Megan Jurgrau, minor child of Mark and Sharon
147	Jurgrau, for the exclusive use and benefit of Megan Jurgrau.
148	Section 3.  This act shall take effect upon becoming a law.

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