CS/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 for attorney's fees, lobbyist's fees, and costs;
9	providing an effective date.
10
11	WHEREAS, in the summer of 1999, Mark Jurgrau, an architect,
12	38 years of age and a resident of Broward County, underwent
13	medical tests after exhibiting weakness and shortness of breath
14	while engaging in athletic activity, and
15	WHEREAS, the tests revealed that Mark Jurgrau had a problem
16	with the aortic valve of the heart, and as a result of the
17	diagnosis, he was advised to have surgery to replace the aortic
18	valve, and
19	WHEREAS, Mark Jurgrau's doctors recommended a surgical
20	procedure known as the "Ross procedure" in which the patient's
21	own pulmonic valve is used to replace the aortic valve, and
22	WHEREAS, the procedure, commonly used in younger patients,
23	was chosen due to the fact that it is effective for a very long
24	period of time and does not require the patient to take
25	medications subsequent to surgery, and
26	WHEREAS, the Ross procedure was performed on Mark Jurgrau
27	on September 2, 1999, at Memorial Hospital, part of the South
28	Broward Hospital District, and
29	WHEREAS, Mark Jurgrau tolerated the procedure well and
30	appeared to be doing fine, and
31	WHEREAS, the decision to replace Mark Jurgrau's aortic
32	valve was a good decision, the choice of the Ross procedure was
33	a sound choice, and the operation was performed ably and
34	correctly, and
35	WHEREAS, however, one of the risks of this procedure is the
36	possible occurrence of internal bleeding at the location of the
37	operation, and
38	WHEREAS, internal bleeding following this procedure does
39	occur from time to time, is easily recognizable and readily
40	treatable, and is not an indication of negligence per se, and
41	WHEREAS, one of the primary reasons patients are kept in
42	the hospital following this type of surgery is so they can be
43	observed for complications, and
44	WHEREAS, the negligence in this case occurred in the
45	failure of the employees of Memorial Hospital to provide Mark
46	Jurgrau with appropriate postoperative care, and
47	WHEREAS, following his operation, the management of Mark
48	Jurgrau's care was entrusted to a nurse, Kathy Kater, ARNP, and
49	WHEREAS, the surgeon who operated on Mark Jurgrau never saw
50	him again, and Kathy Kater and the other hospital nurses became
51	Mark Jurgrau's health care team, and
52	WHEREAS, from the time of Mark Jurgrau's operation on
53	September 2, 1999, to the time of his death on September 6,
54	1999, Mark Jurgrau exhibited signs and symptoms of internal
55	bleeding, and
56	WHEREAS, in order to monitor for internal bleeding, blood
57	is drawn from a patient daily, and
58	WHEREAS, when a person is losing blood, laboratory values
59	drop as blood contents are used up, and
60	WHEREAS, Mark Jurgrau's hematocrit, hemoglobin, and
61	platelets were all dropping, each day registering much lower
62	than the day before, and
63	WHEREAS, in the 5 days he was in Memorial Hospital, Mark
64	Jurgrau's blood values fell to less than 30 percent of normal,
65	and
66	WHEREAS, also, in order to determine if blood is
67	accumulating in a patient's chest, X-rays are taken daily and
68	the patient's breathing is monitored daily, and
69	WHEREAS, Mark Jurgrau's X-rays showed his lungs filling
70	with blood, more each day than the day before, and
71	WHEREAS, his breathing decreased each day as the portions
72	of his lungs which were full of blood could no longer transfer
73	oxygen, and
74	WHEREAS, as Mark Jurgrau's blood became depleted and his
75	lungs filled with blood, he became deprived of oxygen, which
76	made him weak, dizzy, and disoriented, as evidenced by the fact
77	that his oxygen saturation fell precipitously, and
78	WHEREAS, despite the fact that all appropriate tests were
79	administered and all the results of those tests indicated
80	problems, no intervention was ordered based upon Mark Jurgrau's
81	test results, and
82	WHEREAS, by September 5, 1999, Mark Jurgrau was dying,
83	slowly bleeding to death and drowning in his own blood, and
84	WHEREAS, as he became disoriented from lack of oxygen, the
85	hospital nurses called Nurse Kater, and
86	WHEREAS, without coming in to the hospital to observe Mark
87	Jurgrau, Nurse Kater diagnosed him as having a panic attack and,
88	over the telephone, ordered Xanax to be administered to Mr.
89	Jurgrau, and
90	WHEREAS, on September 6, 1999, Mark Jurgrau's condition
91	became critical, and
92	WHEREAS, Mark Jurgrau was gasping for air, turning pale and
93	cold, and writhing in pain, and
94	WHEREAS, Nurse Kater was again contacted, and again, via
95	telephone, Nurse Kater diagnosed Mark Jurgrau as having a panic
96	attack, and
97	WHEREAS, Mark Jurgrau arrested and a code blue was called,
98	but it was too late, and
99	WHEREAS, Mark Jurgrau died at the age of 38, leaving his
100	wife of 8 years, Sharon Jurgrau, and a 4-year-old daughter,
101	Megan Jurgrau, and
102	WHEREAS, upon performing an autopsy, the medical examiner
103	confirmed that Mark Jurgrau died from undiagnosed internal
104	bleeding, and
105	WHEREAS, the case was also reviewed by a recognized
106	authority in cardiac surgery, Dr. Dudley Johnson, regarded as
107	the father of cardiac surgery and, along with Dr. Michael
108	DeBakey, the co-inventor of the modern coronary bypass
109	operation, and
110	WHEREAS, Dr. Johnson confirmed that Mark Jurgrau's death
111	was unnecessary and unreasonable, and
112	WHEREAS, at the time of his death, Mark Jurgrau was in the
113	beginning stages of a very successful career as an architect,
114	and
115	WHEREAS, based on his age and proven earning potential,
116	economic damages alone were over $10 million, and
117	WHEREAS, Mark and Sharon Jurgrau's daughter, Megan Jurgrau,
118	now 11 years of age, has experienced emotional distress as a
119	result of the death of her father, and
120	WHEREAS, recognizing this as a case involving malpractice
121	and catastrophic damages, the South Broward Hospital District
122	settled the matter, tendering $200,000 pursuant to the limits of
123	liability established pursuant to section 768.28, Florida
124	Statutes, and agreeing to support a claim bill in the amount of
125	$500,000, NOW, THEREFORE,
126
127	Be It Enacted by the Legislature of the State of Florida:
128
129	Section 1.  The facts stated in the preamble to this act
130	are found and declared to be true.
131	Section 2.  The South Broward Hospital District is
132	authorized and directed to appropriate from funds of the
133	district not otherwise appropriated and to draw a warrant in the
134	sum of $500,000 payable to Sharon Jurgrau, wife of Mark Jurgrau,
135	deceased, as compensation for the death of Mark Jurgrau as a
136	result of the negligence of the South Broward Hospital District.
137	After payment of fees, costs, and authorized expenses, 75
138	percent of the proceeds recovered through the passage of this
139	act shall be apportioned to Sharon Jurgrau, wife of Mark
140	Jurgrau, and 25 percent of the proceeds recovered through the
141	passage of this act shall be deposited into the guardianship
142	account of Megan Jurgrau, minor child of Mark and Sharon
143	Jurgrau, for the exclusive use and benefit of Megan Jurgrau.
144	Section 3.  Payment for attorney's fees and costs incurred
145	by the claimant's attorneys shall not exceed $77,781. Payment
146	for the professional services and costs of lobbyists advocating
147	for passage of this claim shall not exceed $5,000.
148	Section 4.  This act shall take effect upon becoming a law.

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