Senate Bill sb0032e1

    CS for SB 32                                   First Engrossed



  1                      A bill to be entitled

  2         An act for the relief of Sharon Jurgrau, wife

  3         of Mark Jurgrau, deceased, and Megan Jurgrau,

  4         minor child of Mark and Sharon Jurgrau, by the

  5         South Broward Hospital District; providing for

  6         an appropriation to compensate them for the

  7         death of Mark Jurgrau as a result of the

  8         negligence of the South Broward Hospital

  9         District; providing for attorney's fees,

10         lobbyist's fees, and costs; providing an

11         effective date.

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13         WHEREAS, in the summer of 1999, Mark Jurgrau, an

14  architect, 38 years of age and a resident of Broward County,

15  underwent medical tests after exhibiting weakness and

16  shortness of breath while engaging in athletic activity, and

17         WHEREAS, the tests revealed that Mark Jurgrau had a

18  problem with the aortic valve of the heart, and as a result of

19  the diagnosis, he was advised to have surgery to replace the

20  aortic valve, and

21         WHEREAS, Mark Jurgrau's doctors recommended a surgical

22  procedure known as the "Ross procedure" in which the patient's

23  own pulmonic valve is used to replace the aortic valve, and

24         WHEREAS, the procedure, commonly used in younger

25  patients, was chosen due to the fact that it is effective for

26  a very long period of time and does not require the patient to

27  take medications subsequent to surgery, and

28         WHEREAS, the Ross procedure was performed on Mark

29  Jurgrau on September 2, 1999, at Memorial Hospital, part of

30  the South Broward Hospital District, and

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    CS for SB 32                                   First Engrossed



 1         WHEREAS, Mark Jurgrau tolerated the procedure well and

 2  appeared to be doing fine, and

 3         WHEREAS, the decision to replace Mark Jurgrau's aortic

 4  valve was a good decision, the choice of the Ross procedure

 5  was a sound choice, and the operation was performed ably and

 6  correctly, and

 7         WHEREAS, however, one of the risks of this procedure is

 8  the possible occurrence of internal bleeding at the location

 9  of the operation, and

10         WHEREAS, internal bleeding following this procedure

11  does occur from time to time, is easily recognizable and

12  readily treatable, and is not an indication of negligence per

13  se, and

14         WHEREAS, one of the primary reasons patients are kept

15  in the hospital following this type of surgery is so they can

16  be observed for complications, and

17         WHEREAS, the negligence in this case occurred in the

18  failure of the employees of Memorial Hospital to provide Mark

19  Jurgrau with appropriate postoperative care, and

20         WHEREAS, following his operation, the management of

21  Mark Jurgrau's care was entrusted to a nurse, Kathy Kater,

22  ARNP, and

23         WHEREAS, the surgeon who operated on Mark Jurgrau never

24  saw him again, and Kathy Kater and the other hospital nurses

25  became Mark Jurgrau's health care team, and

26         WHEREAS, from the time of Mark Jurgrau's operation on

27  September 2, 1999, to the time of his death on September 6,

28  1999, Mark Jurgrau exhibited signs and symptoms of internal

29  bleeding, and

30         WHEREAS, in order to monitor for internal bleeding,

31  blood is drawn from a patient daily, and


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    CS for SB 32                                   First Engrossed



 1         WHEREAS, when a person is losing blood, laboratory

 2  values drop as blood contents are used up, and

 3         WHEREAS, Mark Jurgrau's hematocrit, hemoglobin, and

 4  platelets were all dropping, each day registering much lower

 5  than the day before, and

 6         WHEREAS, in the 5 days he was in Memorial Hospital,

 7  Mark Jurgrau's blood values fell to less than 30 percent of

 8  normal, and

 9         WHEREAS, also, in order to determine if blood is

10  accumulating in a patient's chest, X-rays are taken daily and

11  the patient's breathing is monitored daily, and

12         WHEREAS, Mark Jurgrau's X-rays showed his lungs filling

13  with blood, more each day than the day before, and

14         WHEREAS, his breathing decreased each day as the

15  portions of his lungs which were full of blood could no longer

16  transfer oxygen, and

17         WHEREAS, as Mark Jurgrau's blood became depleted and

18  his lungs filled with blood, he became deprived of oxygen,

19  which made him weak, dizzy, and disoriented, as evidenced by

20  the fact that his oxygen saturation fell precipitously, and

21         WHEREAS, despite the fact that all appropriate tests

22  were administered and all the results of those tests indicated

23  problems, no intervention was ordered based upon Mark

24  Jurgrau's test results, and

25         WHEREAS, by September 5, 1999, Mark Jurgrau was dying,

26  slowly bleeding to death and drowning in his own blood, and

27         WHEREAS, as he became disoriented from lack of oxygen,

28  the hospital nurses called Nurse Kater, and

29         WHEREAS, without coming in to the hospital to observe

30  Mark Jurgrau, Nurse Kater diagnosed him as having a panic

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    CS for SB 32                                   First Engrossed



 1  attack and, over the telephone, ordered Xanax to be

 2  administered to Mr. Jurgrau, and

 3         WHEREAS, on September 6, 1999, Mark Jurgrau's condition

 4  became critical, and

 5         WHEREAS, Mark Jurgrau was gasping for air, turning pale

 6  and cold, and writhing in pain, and

 7         WHEREAS, Nurse Kater was again contacted, and again,

 8  via telephone, Nurse Kater diagnosed Mark Jurgrau as having a

 9  panic attack, and

10         WHEREAS, Mark Jurgrau arrested and a code blue was

11  called, but it was too late, and

12         WHEREAS, Mark Jurgrau died at the age of 38, leaving

13  his wife of 8 years, Sharon Jurgrau, and a 4-year-old

14  daughter, Megan Jurgrau, and

15         WHEREAS, upon performing an autopsy, the medical

16  examiner confirmed that Mark Jurgrau died from undiagnosed

17  internal bleeding, and

18         WHEREAS, the case was also reviewed by a recognized

19  authority in cardiac surgery, Dr. Dudley Johnson, regarded as

20  the father of cardiac surgery and, along with Dr. Michael

21  DeBakey, the co-inventor of the modern coronary bypass

22  operation, and

23         WHEREAS, Dr. Johnson confirmed that Mark Jurgrau's

24  death was unnecessary and unreasonable, and

25         WHEREAS, at the time of his death, Mark Jurgrau was in

26  the beginning stages of a very successful career as an

27  architect, and

28         WHEREAS, based on his age and proven earning potential,

29  economic damages alone were over $10 million, and

30  

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    CS for SB 32                                   First Engrossed



 1         WHEREAS, Mark and Sharon Jurgrau's daughter, Megan

 2  Jurgrau, now 11 years of age, has experienced emotional

 3  distress as a result of the death of her father, and

 4         WHEREAS, recognizing this as a case involving

 5  malpractice and catastrophic damages, the South Broward

 6  Hospital District settled the matter, tendering $200,000

 7  pursuant to the limits of liability established pursuant to

 8  section 768.28, Florida Statutes, and agreeing to support a

 9  claim bill in the amount of $500,000, NOW, THEREFORE,

10  

11  Be It Enacted by the Legislature of the State of Florida:

12  

13         Section 1.  The facts stated in the preamble to this

14  act are found and declared to be true.

15         Section 2.  The South Broward Hospital District is

16  authorized and directed to appropriate from funds of the

17  district not otherwise appropriated and to draw a warrant in

18  the sum of $500,000 payable to Sharon Jurgrau, wife of Mark

19  Jurgrau, deceased, as compensation for the death of Mark

20  Jurgrau as a result of the negligence of the South Broward

21  Hospital District. After payment of fees, costs, and

22  authorized expenses, 75 percent of the proceeds recovered

23  through the passage of this act shall be apportioned to Sharon

24  Jurgrau, wife of Mark Jurgrau, and 25 percent of the proceeds

25  recovered through the passage of this act shall be deposited

26  into the guardianship account of Megan Jurgrau, minor child of

27  Mark and Sharon Jurgrau, for the exclusive use and benefit of

28  Megan Jurgrau.

29         Section 3.  Payment for attorney's fees and costs

30  incurred by the claimant's attorneys shall not exceed $77,781.

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    CS for SB 32                                   First Engrossed



 1  Payment for the professional services and costs of lobbyists

 2  advocating for passage of this claim shall not exceed $5,000.

 3         Section 4.  This act shall take effect upon becoming a

 4  law.

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