Florida Senate - 2007                      COMMITTEE AMENDMENT
    Bill No. SB 38
                        Barcode 453336
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       04/10/2007 10:27 PM         .                    
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11  The Committee on Health Regulation (Jones) recommended the
12  following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 5, line 6, delete that line
16  
17  and insert:  warrant in the sum of $668,781.96, plus the
18  interest that has accrued on those funds in the account
19  maintained by the district, payable to the special needs
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22  ================ T I T L E   A M E N D M E N T ===============
23  And the title is amended as follows:
24         On page 2, line 23, through
25            page 4, line 25, delete those lines
26  
27  and insert:
28         WHEREAS, that biophysical profile yielded abnormal
29  indications, although not reported by the nurses, the
30  obstetricians were aware of the abnormal results. Despite
31  this, the obstetricians allowed Judith Susser's labor to
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    12:05 PM   04/01/07                            s0038c-hr13-j01

Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 38 Barcode 453336 1 continue, and 2 WHEREAS, finally, on the early morning of the 5th day 3 of labor, Judith Susser was taken to the operating room for 4 delivery, and 5 WHEREAS, the physician in charge was insistent on 6 performing a vaginal delivery despite all the obvious needs 7 for an emergency cesarean section, and 8 WHEREAS, when Dr. Kuhn reached the delivery room, he 9 asked for fetal monitoring to be commenced and the nurses 10 indicated that they could not bring the fetal monitoring 11 machine into the delivery room because they did not have a 12 fetal monitor for twins available, and 13 WHEREAS, Gary Susser then asked the nurses to get the 14 fetal monitoring machine from the room that Judith Susser had 15 previously been in for 4 days, which demand was also made by 16 Dr. Kuhn, and the nurses said they could not remove the 17 monitoring machine from the wall, and 18 WHEREAS, for the next hour there was only manual 19 monitoring on Adam Susser, and Dr. Kuhn continued to wait, and 20 WHEREAS, on July 10, 2000, Adam Susser was born by 21 vaginal delivery, and 22 WHEREAS, tragically, as a result of the extraordinary 23 and egregious malpractice by the physicians and nurses at the 24 Coral Springs Medical Center, Adam Susser was born severely 25 depressed and oxygen-deprived, which led to severe brain 26 damage, and 27 WHEREAS, Adam Susser cannot walk and will never be able 28 to walk, cannot sit up on his own, cannot use his hands or 29 arms, is cortically blind, needs to be fed through a feeding 30 tube, and is severely mentally and physically impaired, and 31 WHEREAS, though by all accounts Adam Susser will have a 2 12:05 PM 04/01/07 s0038c-hr13-j01
Florida Senate - 2007 COMMITTEE AMENDMENT Bill No. SB 38 Barcode 453336 1 normal life expectancy, which means that he should live into 2 his 70's, Adam Susser will require medical care and treatment 3 for the remainder of his life, and 4 WHEREAS, the negligent care administered by the Coral 5 Springs Medical Center formed the basis of legal action 6 against the North Broward Hospital District, d.b.a. Coral 7 Springs Medical Center, and 8 WHEREAS, the matter was settled prior to trial with the 9 overall settlement amount being $9.8 million, and 10 WHEREAS, the hospital's private insurer, the Zurich 11 Insurance Company, paid the claimants the amount of 12 $3,831,218.04 on behalf of the North Broward Hospital 13 District, and 14 WHEREAS, the North Broward Hospital District paid 15 $200,000 for the benefit of Adam Susser pursuant to the limits 16 of liability set forth in s. 768.28, Florida Statutes, and 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 12:05 PM 04/01/07 s0038c-hr13-j01