Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 504
Barcode 242426
CHAMBER ACTION
Senate House
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04/10/2007 10:23 PM .
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11 The Committee on Health Regulation (Aronberg) recommended the
12 following amendment:
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14 Senate Amendment (with title amendment)
15 Delete everything after the enacting clause
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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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12:24 PM 04/01/07 s0504d-hr27-j02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 504
Barcode 242426
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
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5 and insert:
6 A bill to be entitled
7 An act relating to South Broward Hospital
8 District, d/b/a Memorial Regional Hospital;
9 providing for the relief of Shakima Brown and
10 Janaria Miller, her minor child, to compensate
11 them for injuries sustained by Janaria Miller
12 as a result of the negligence of employees of
13 the hospital; providing an appropriation;
14 providing an effective date.
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16 WHEREAS, on December 13, 2002, Shakima Brown went to
17 Memorial Regional Hospital complaining of abdominal pain and
18 was admitted for observation because she was 8 months
19 pregnant, and
20 WHEREAS, a doctor at the hospital ordered 24-hour fetal
21 heart rate monitoring, and
22 WHEREAS, in the early morning hours of December 14,
23 2002, the fetal monitor strips showed dangerous drops in the
24 fetus's heart rate, and the low fetal heart rate continued for
25 2 or 3 hours, and
26 WHEREAS, the attending nurse failed to immediately
27 notify a physician of the fetal distress and, failed to
28 initiate intrauterine resuscitative measures, and
29 WHEREAS, as a result of the nurse's failure to take
30 appropriate measures in response to the low fetal heart rate
31 date, Janaria Miller was born with permanent and irreversible
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12:24 PM 04/01/07 s0504d-hr27-j02
Florida Senate - 2007 COMMITTEE AMENDMENT
Bill No. SB 504
Barcode 242426
1 brain damage causing partial paralysis, seizures, delayed
2 cognitive impairment, development, and speech, and
3 WHEREAS, Janaria has a significant permanent functional
4 impairment rating and acute functional decline, resulting in
5 total dependence on others; will require lifelong attendant
6 care; and will be unable to participate in gainful employment,
7 and
8 WHEREAS, suit was brought in the Broward County Circuit
9 Court, a settlement was reached, and, on December 13, 2006,
10 the court entered a consent judgment in favor of Shakima
11 Brown, individually, and on behalf of Janaria Miller, in the
12 amount of $500,000, and
13 WHEREAS, the hospital has paid to the plaintiff the sum
14 of $200,000, pursuant to the statutory limits of liability set
15 forth in s. 768.28, Florida Statutes, leaving the sum of
16 $300,000 unpaid, and
17 WHEREAS, increasing the amount by $250,000 is justified
18 by the damages sustained by Janaria and her mother, NOW,
19 THEREFORE,
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