CS/HB 483

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

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