Senate Bill sb0504c1

    Florida Senate - 2007                            CS for SB 504

    By the Committee on Health Regulation; and Senator Deutch





    588-2388-07

  1                      A bill to be entitled

  2         An act relating to Memorial Healthcare System

  3         of Broward, Inc., d/b/a Memorial Regional

  4         Hospital; providing for the relief of Shakima

  5         Brown and Janaria Miller, her minor child, to

  6         compensate them for injuries sustained by

  7         Janaria Miller as a result of the negligence of

  8         employees of the hospital; providing an

  9         appropriation; providing conditions for

10         payment; providing an effective date.

11  

12         WHEREAS, on December 13 and 14, 2002, Janaria Miller

13  suffered fetal distress for more than 3-1/2 hours and, as a

14  result, sustained permanent and irreversible brain damage, and

15         WHEREAS, doctors at the hospital had ordered that

16  nurses oversee 24-hour monitoring of Shakima Brown, Janaria's

17  mother, during her labor and that the nurses immediately

18  report to Ms. Brown's doctor any signs of abnormal fetal heart

19  rate, and

20         WHEREAS, beginning at approximately 11:57 p.m. on

21  December 13, 2002, the fetal monitor strips depicted dangerous

22  drops in Janaria's heart rate, and the late decelerations and

23  drops in the fetal heart rate continued for several hours into

24  the early morning of December 14, and

25         WHEREAS, despite the doctor's order to call him, the

26  nurses failed to advise a physician of the fetal distress and,

27  instead, acknowledged the alert and turned it off, and

28         WHEREAS, in addition, the nurses failed to initiate

29  necessary intrauterine resuscitative measures, and

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    Florida Senate - 2007                            CS for SB 504
    588-2388-07




 1         WHEREAS, even after physicians were finally notified,

 2  the nursing staff failed to timely carry out the orders

 3  provided by the physician, and

 4         WHEREAS, as a result of the nurses' failure to take

 5  appropriate measures during her birth, Janaria presently

 6  suffers from permanent and irreversible brain damage causing

 7  partial paralysis, seizures, delayed cognitive impairment,

 8  development, and speech, and

 9         WHEREAS, she also has deficits in reasoning,

10  decisionmaking, and expressive and respective language, and

11         WHEREAS, Janaria has a significant permanent functional

12  impairment rating and acute functional decline, resulting in

13  total dependence on others; will require lifelong attendant

14  care; and will be unable to participate in gainful employment,

15  and

16         WHEREAS, suit was brought in the Broward County Circuit

17  Court, a settlement was reached, and, on December 13, 2006,

18  the court entered a consent judgment in favor of Shakima

19  Brown, individually, and on behalf of Janaria Miller, in the

20  amount of $500,000, and

21         WHEREAS, the hospital has paid to the plaintiff the sum

22  of $200,000, pursuant to the statutory limits of liability set

23  forth in s. 768.28, Florida Statutes, leaving the sum of

24  $300,000 unpaid, NOW, THEREFORE,

25  

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

27  

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

29  act are found and declared to be true.

30         Section 2.  The Memorial Healthcare System of Broward,

31  Inc., d/b/a Memorial Regional Hospital, is authorized and

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    Florida Senate - 2007                            CS for SB 504
    588-2388-07




 1  directed to appropriate the sum of $300,000 from funds not

 2  otherwise appropriated and to draw a warrant payable to

 3  Shakima Brown, parent and legal guardian of Janaria Miller, to

 4  be placed in a special needs trust created for the exclusive

 5  use and benefit of Janaria Miller, a minor, to compensate

 6  Janaria Miller for injuries and damages sustained. Upon the

 7  death of Janaria Miller, the trust balance shall revert to the

 8  hospital.

 9         Section 3.  This award is intended to provide the sole

10  compensation for any and all present and future claims arising

11  out of the factual situation in connection with the injury to

12  the claimant. Not more than 25 percent of the award may be

13  paid by the claimant for attorney's fees, lobbying fees,

14  costs, or other similar expenses.

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

16  law.

17  

18          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
19                         Senate Bill 504

20                                 

21  The committee substitute provides that the award is intended
    to provide the sole compensation for claims arising out of the
22  factual situation in connection with the injury to the
    claimant. The committee substitute restricts attorney's fees,
23  lobbying fees, costs, or other similar expenses to no more
    than 25 percent of the amount awarded.
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