Florida Senate - 2007                 SPECIAL MASTER AMENDMENT
    Bill No. SB 504
                        Barcode 070744
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       03/27/2007 02:37 PM         .                    
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11  The Special Master on Claim Bills recommended the following
12  amendment:
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14         Senate Amendment (with title amendment) 
15         Delete everything after the enacting clause
16  
17  and insert:  
18         Section 1.  The facts stated in the preamble to this
19  act are found and declared to be true.
20         Section 2.  The South Broward Hospital District, d/b/a
21  Memorial Regional Hospital, is authorized and directed to
22  appropriate the sum of $550,000 from funds not otherwise
23  appropriated and to draw a warrant payable to Shakima Brown,
24  parent and legal guardian of Janaria Miller, to compensate
25  Shakima Brown and Janaria Miller for injuries and damages
26  sustained. Of this total amount, $207,000 shall be used to
27  purchase an appropriate structured financial plan, the
28  proceeds of which shall be deposited in a Special Needs Trust
29  created for the exclusive use and benefit of Janaria Miller. 
30         Section 3.  This act shall take effect upon becoming a
31  law.
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    4:17 PM   03/23/07                                s0504.sm.00a

Florida Senate - 2007 SPECIAL MASTER AMENDMENT Bill No. SB 504 Barcode 070744 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 Delete everything before the enacting clause 4 5 and insert: 6 An act relating to South Broward Hospital 7 District, d/b/a Memorial Regional Hospital; 8 providing for the relief of Shakima Brown and 9 Janaria Miller, her minor child, to compensate 10 them for injuries sustained by Janaria Miller 11 as a result of the negligence of employees of 12 the hospital; providing an appropriation; 13 providing an effective date. 14 15 WHEREAS, on December 13, 2002, Shakima Brown went to 16 Memorial Regional Hospital complaining of abdominal pain and 17 was admitted for observation because she was 8 months 18 pregnant, and 19 WHEREAS,a doctor at the hospital ordered 24-hour fetal 20 heart rate monitoring, and 21 WHEREAS, in the early morning hours of December 14, 22 2002, the fetal monitor strips showed dangerous drops in the 23 fetus's heart rate, and the low fetal heart rate continued for 24 2 or 3 hours, and 25 WHEREAS, the attending nurse failed to immediately 26 notify aphysician of the fetal distress and, failed to 27 initiate intrauterine resuscitative measures, and 28 WHEREAS, as a result of the nurse's failure to take 29 appropriate measures in response to thelow fetal heart rate 30 date, Janaria Miller was born with permanent and irreversible 31 brain damage causing partial paralysis, seizures, delayed 2 4:17 PM 03/23/07 s0504.sm.00a
Florida Senate - 2007 SPECIAL MASTER AMENDMENT Bill No. SB 504 Barcode 070744 1 cognitive impairment, development, and speech, and 2 WHEREAS, Janaria has a significant permanent functional 3 impairment rating and acute functional decline, resulting in 4 total dependence on others; will require lifelong attendant 5 care; and will be unable to participate in gainful employment, 6 and 7 WHEREAS, suit was brought in the Broward County Circuit 8 Court, a settlement was reached, and, on December 13, 2006, 9 the court entered a consent judgment in favor of Shakima 10 Brown, individually, and on behalf of Janaria Miller, in the 11 amount of $500,000, and 12 WHEREAS, the hospital has paid to the plaintiff the sum 13 of $200,000, pursuant to the statutory limits of liability set 14 forth in s. 768.28, Florida Statutes, leaving the sum of 15 $300,000 unpaid, and 16 WHEREAS, increasing the amount by $250,000 is justified 17 by the damages sustained by Janaria and her mother, NOW, 18 THEREFORE, 19 20 21 22 23 24 25 26 27 28 29 30 31 3 4:17 PM 03/23/07 s0504.sm.00a