HB 1135

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

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