HB 1135

1
A bill to be entitled
2An act for the relief of Sharon Jurgrau, wife of Mark
3Jurgrau, deceased, and Megan Jurgrau, minor child of Mark
4and Sharon Jurgrau, by the South Broward Hospital
5District; providing for an appropriation to compensate
6them for the death of Mark Jurgrau as a result of the
7negligence of the South Broward Hospital District;
8providing an effective date.
9
10     WHEREAS, in the summer of 1999, Mark Jurgrau, an architect,
1138 years of age and a resident of Broward County, underwent
12medical tests after exhibiting weakness and shortness of breath
13while engaging in athletic activity, and
14     WHEREAS, the tests revealed that Mark Jurgrau had a problem
15with the aortic valve of the heart, and as a result of the
16diagnosis, he was advised to have surgery to replace the aortic
17valve, and
18     WHEREAS, Mark Jurgrau's doctors recommended a surgical
19procedure known as the "Ross procedure" in which the patient's
20own pulmonic valve is used to replace the aortic valve, and
21     WHEREAS, the procedure, commonly used in younger patients,
22was chosen due to the fact that it is effective for a very long
23period of time and does not require the patient to take
24medications subsequent to surgery, and
25     WHEREAS, the Ross procedure was performed on Mark Jurgrau
26on September 2, 1999, at Memorial Hospital, part of the South
27Broward Hospital District, and
28     WHEREAS, Mark Jurgrau tolerated the procedure well and
29appeared to be doing fine, and
30     WHEREAS, the decision to replace Mark Jurgrau's aortic
31valve was a good decision, the choice of the Ross procedure was
32a sound choice, and the operation was performed ably and
33correctly, and
34     WHEREAS, however, one of the risks of this procedure is the
35possible occurrence of internal bleeding at the location of the
36operation, and
37     WHEREAS, internal bleeding following this procedure does
38occur from time to time, is easily recognizable and readily
39treatable, and is not an indication of negligence per se, and
40     WHEREAS, one of the primary reasons patients are kept in
41the hospital following this type of surgery is so they can be
42observed for complications, and
43     WHEREAS, the negligence in this case occurred in the
44failure of the employees of Memorial Hospital to provide Mark
45Jurgrau with appropriate postoperative care, and
46     WHEREAS, following his operation, the management of Mark
47Jurgrau's care was entrusted to a nurse, Kathy Kater, ARNP, and
48     WHEREAS, the surgeon who operated on Mark Jurgrau never saw
49him again, and Kathy Kater and the other hospital nurses became
50Mark Jurgrau's health care team, and
51     WHEREAS, from the time of Mark Jurgrau's operation on
52September 2, 1999, to the time of his death on September 6,
531999, Mark Jurgrau exhibited signs and symptoms of internal
54bleeding, and
55     WHEREAS, in order to monitor for internal bleeding, blood
56is drawn from a patient daily, and
57     WHEREAS, when a person is losing blood, laboratory values
58drop as blood contents are used up, and
59     WHEREAS, Mark Jurgrau's hematocrit, hemoglobin, and
60platelets were all dropping, each day registering much lower
61than the day before, and
62     WHEREAS, in the 5 days he was in Memorial Hospital, Mark
63Jurgrau's blood values fell to less than 30 percent of normal,
64and
65     WHEREAS, also, in order to determine if blood is
66accumulating in a patient's chest, X-rays are taken daily and
67the patient's breathing is monitored daily, and
68     WHEREAS, Mark Jurgrau's X-rays showed his lungs filling
69with blood, more each day than the day before, and
70     WHEREAS, his breathing decreased each day as the portions
71of his lungs which were full of blood could no longer transfer
72oxygen, and
73     WHEREAS, as Mark Jurgrau's blood became depleted and his
74lungs filled with blood, he became deprived of oxygen, which
75made him weak, dizzy, and disoriented, as evidenced by the fact
76that his oxygen saturation fell precipitously, and
77     WHEREAS, despite the fact that all appropriate tests were
78administered and all the results of those tests indicated
79problems, no intervention was ordered based upon Mark Jurgrau's
80test results, and
81     WHEREAS, by September 5, 1999, Mark Jurgrau was dying,
82slowly bleeding to death and drowning in his own blood, and
83     WHEREAS, as he became disoriented from lack of oxygen, the
84hospital nurses called Nurse Kater, and
85     WHEREAS, without coming in to the hospital to observe Mark
86Jurgrau, Nurse Kater diagnosed him as having a panic attack and,
87over the telephone, ordered Xanax to be administered to Mr.
88Jurgrau, and
89     WHEREAS, on September 6, 1999, Mark Jurgrau's condition
90became critical, and
91     WHEREAS, Mark Jurgrau was gasping for air, turning pale and
92cold, and writhing in pain, and
93     WHEREAS, Nurse Kater was again contacted, and again, via
94telephone, Nurse Kater diagnosed Mark Jurgrau as having a panic
95attack, and
96     WHEREAS, Mark Jurgrau arrested and a code blue was called,
97but it was too late, and
98     WHEREAS, Mark Jurgrau died at the age of 38, leaving his
99wife of 8 years, Sharon Jurgrau, and a 4-year-old daughter,
100Megan Jurgrau, and
101     WHEREAS, upon performing an autopsy, the medical examiner
102confirmed that Mark Jurgrau died from undiagnosed internal
103bleeding, and
104     WHEREAS, the case was also reviewed by a recognized
105authority in cardiac surgery, Dr. Dudley Johnson, regarded as
106the father of cardiac surgery and, along with Dr. Michael
107DeBakey, the co-inventor of the modern coronary bypass
108operation, and
109     WHEREAS, Dr. Johnson confirmed that Mark Jurgrau's death
110was unnecessary and unreasonable, and
111     WHEREAS, at the time of his death, Mark Jurgrau was in the
112beginning stages of a very successful career as an architect,
113and
114     WHEREAS, based on his age and proven earning potential,
115economic damages alone were over $10 million, and
116     WHEREAS, Mark and Sharon Jurgrau's daughter, Megan Jurgrau,
117now 11 years of age, has experienced emotional distress as a
118result of the death of her father, and
119     WHEREAS, recognizing this as a case involving malpractice
120and catastrophic damages, the South Broward Hospital District
121settled the matter, tendering $200,000 pursuant to the limits of
122liability established pursuant to section 768.28, Florida
123Statutes, and agreeing to support a claim bill in the amount of
124$500,000, NOW, THEREFORE,
125
126Be It Enacted by the Legislature of the State of Florida:
127
128     Section 1.  The facts stated in the preamble to this act
129are found and declared to be true.
130     Section 2.  The South Broward Hospital District is
131authorized and directed to appropriate from funds of the
132district not otherwise appropriated and to draw a warrant in the
133sum of $500,000 payable to Sharon Jurgrau, wife of Mark Jurgrau,
134deceased, as compensation for the death of Mark Jurgrau as a
135result of the negligence of the South Broward Hospital District.
136After payment of fees, costs, and authorized expenses, 75
137percent of the proceeds recovered through the passage of this
138act shall be apportioned to Sharon Jurgrau, wife of Mark
139Jurgrau, and 25 percent of the proceeds recovered through the
140passage of this act shall be deposited into the guardianship
141account of Megan Jurgrau, minor child of Mark and Sharon
142Jurgrau, 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.