HB 753

1	A bill to be entitled
2	An act for the relief of Janaria Miller, minor child of
3	Shakima Brown, by and through her parent and natural
4	guardian, Shakima Brown, and Shakima Brown, individually,
5	by Memorial Healthcare System of Broward, Inc., d/b/a
6	Memorial Regional Hospital; providing for an appropriation
7	to compensate them for injuries sustained by Janaria
8	Miller as a result of the negligence of employees of the
9	hospital; providing for the deposit of funds in a special
10	needs trust; providing for the reversion of funds;
11	providing an effective date.
12
13	WHEREAS, on December 13 and 14, 2002, Janaria Miller
14	suffered fetal distress for more than 3 1/2 hours and, as a
15	result, sustained permanent and irreversible brain damage, and
16	WHEREAS, doctors at the hospital had ordered that nurses
17	oversee 24-hour monitoring of Shakima Brown, Janaria's mother,
18	during her labor and that the nurses immediately report to Ms.
19	Brown's doctor any signs of abnormal fetal heart rate, and
20	WHEREAS, beginning at approximately 11:57 p.m. on December
21	13, 2002, the fetal monitor strips depicted dangerous drops in
22	Janaria's heart rate, and the late decelerations and drops in
23	the fetal heart rate continued for several hours into the early
24	morning of December 14, and
25	WHEREAS, despite the doctor's order to call him, the nurses
26	failed to advise a physician of the fetal distress and, instead,
27	acknowledged the alert and turned it off, and
28	WHEREAS, in addition, the nurses failed to initiate
29	necessary intrauterine resuscitative measures, and
30	WHEREAS, even after physicians were finally notified, the
31	nursing staff failed to timely carry out the orders provided by
32	the physician, and
33	WHEREAS, as a result of the nurses' failure to take
34	appropriate measures during her birth, Janaria presently suffers
35	from permanent and irreversible brain damage causing partial
36	paralysis, seizures, and delayed cognitive impairment,
37	development, and speech, and
38	WHEREAS, she also has deficits in reasoning,
39	decisionmaking, and expressive and respective language, and
40	WHEREAS, Janaria has a significant permanent functional
41	impairment rating and acute functional decline, resulting in
42	total dependence on others; will require lifelong attendant
43	care; and will be unable to participate in gainful employment,
44	and
45	WHEREAS, suit was brought in the Broward County Circuit
46	Court, a settlement was reached, and, on December 13, 2006, the
47	court entered a consent judgment in favor of Shakima Brown,
48	individually, and on behalf of Janaria Miller, in the amount of
49	$500,000, and
50	WHEREAS, the hospital has paid to the plaintiff the sum of
51	$200,000, pursuant to the statutory limits of liability set
52	forth in s. 768.28, Florida Statutes, leaving the sum of
53	$300,000 unpaid, NOW, THEREFORE,
54
55	Be It Enacted by the Legislature of the State of Florida:
56
57	Section 1.  The facts stated in the preamble to this act
58	are found and declared to be true.
59	Section 2.  The Memorial Healthcare System of Broward,
60	Inc., d/b/a Memorial Regional Hospital, is authorized and
61	directed to appropriate the sum of $300,000 from funds not
62	otherwise appropriated and to draw a warrant payable to Shakima
63	Brown, parent and legal guardian of Janaria Miller, to be placed
64	in a special needs trust created for the exclusive use and
65	benefit of Janaria Miller, a minor, to compensate Janaria Miller
66	for injuries and damages sustained. Upon the death of Janaria
67	Miller, the trust balance shall revert to Memorial Regional
68	Hospital.
69	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.