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A bill to be entitled

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An act relating to the South Broward Hospital District;

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providing for the relief of Adrian Fuentes, a minor, by

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and through his parents and natural guardians, Luz Fuentes

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and Jose Fuentes; providing for an appropriation to

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compensate him for injuries and damages sustained as a

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result of the negligence of the South Broward Hospital

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District, d/b/a Memorial Hospital Primary Care Center;

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providing a limitation on the payment of fees and costs;

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providing an effective date.

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     WHEREAS, Luz Fuentes received prenatal medical care for her

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first pregnancy at Memorial Hospital Primary Care Center, an

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entity operated by the South Broward Hospital District, and

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     WHEREAS, the attending physician supervising her care was

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Andreas Spyridakis, D.O., although all examinations were

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conducted by certified nurse midwives, and

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     WHEREAS, on April 18, 2002, during an examination at 36

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weeks' gestation, a discrepancy was noted between the weeks of

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gestation and the fundal height of the fetus, and an obstetrical

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ultrasound to determine the estimated fetal weight was ordered by

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Sharon Harrison, C.N.M., and scheduled for April 23, 2002, and

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     WHEREAS, during or following the April 18 visit, Nurse

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Harrison did not consult with Dr. Spyridakis regarding the

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possibility of intrauterine growth retardation being present nor

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did she order a nonstress test or a biophysical profile or call

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for an immediate consultation to evaluate the possibility of

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intrauterine growth retardation or determine whether intervention

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was necessary, and

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     WHEREAS, the obstetrical ultrasound was performed on April

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23 and was interpreted by Leonard Rosendorf, M.D., whose findings

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showed an amniotic fluid index of 9, which is a normal reading,

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and indicated a low abdominal circumference, which possibly

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indicated intrauterine growth retardation, and Dr. Rosendorf

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suggested clinical follow-up, and

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     WHEREAS, on April 23, Dr. Rosendorf faxed a report detailing

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the ultrasound findings to Nurse Harrison but did not telephone

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or otherwise personally relay his findings to Nurse Harrison or

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anyone else at Memorial Hospital Primary Care Center, and

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     WHEREAS, the report from Dr. Rosendorf was reviewed and

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signed by Rosanne Wohlman, C.N.M., on April 25, 2002, during a

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scheduled follow-up examination of Luz Fuentes, and

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     WHEREAS, during the April 25 examination, Nurse Wohlman

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ordered a nonstress test with results that she described as

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prolonged decelerations, a fetal heart rate of 90 beats per

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minute, and decelerations lasting 60 seconds, and Nurse Wohlman

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then had Luz Fuentes transported to Memorial Hospital West, where

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it was determined that the fetus was in serious distress and

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Adrian Fuentes was derived by an emergency cesarean section that

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day, and

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     WHEREAS, the actions of the medical providers constituted

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negligence, and as a result of such negligence, Adrian Fuentes

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was born brain-injured and will remain so for the rest of his

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life, and

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     WHEREAS, a medical malpractice claim and legal action on

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behalf of Adrian Fuentes was instituted in the Circuit Court of

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the 17th Judicial Circuit, in and for Broward County, Florida,

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case no. 04-15033(13) styled Luz Fuentes and Jose Fuentes, as

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parents and natural guardians of Adrian Fuentes, their minor

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child, and individually, v. South Broward Hospital District, et

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al., against the South Broward Hospital District and certain

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other persons and legal entities, including Memorial Hospital

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Care Center, Andreas Spyridakis, D.O., Sharon Harrison, C.N.M.,

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Rosanne Wohlman, C.N.M., Broward Women's Healthcare, Inc.,

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Sheridan Healthcorp, Inc., Leonard Rosendorf, M.D., Radiology

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Associates of Hollywood, P.A., and others, and

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     WHEREAS, a prior claim against Leonard Rosendorf, M.D. and

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Radiology Associates of Hollywood, P.A., previously settled for

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$2 million, has been tendered and accepted by the plaintiffs, and

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     WHEREAS, the claim against the South Broward Hospital

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District and related defendants was settled prior to trial and a

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settlement was approved by the court on July 10, 2007, and

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     WHEREAS, the settlement agreement provides for the payment

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of $200,000 by the South Broward Hospital District to the

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plaintiffs, pursuant to the limits of liability in s. 768.28,

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Florida Statutes, the entry of consent judgment in the amount of

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$1,600,000, and the hospital district's agreement not to contest

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the filing of a claim bill that does not exceed $1,600,000, NOW,

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THEREFORE,

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

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The South Broward Hospital District is

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authorized and directed to appropriate from funds of the hospital

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district not otherwise encumbered and draw a warrant in the sum

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of $1,600,000, payable to a special needs trust established for

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the care and benefit of Adrian Fuentes, as compensation for

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injuries and damages sustained by Adrian Fuentes as a result of

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the negligence of the South Broward Hospital District.

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     Section 3. This award is intended to provide the sole

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compensation for all present and future claims arising out of the

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factual situation described in this act which resulted in injury

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to Adrian Fuentes. The total amount paid for attorney's fees,

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lobbying fees, costs, and other similar expenses relating to this

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claim may not exceed 25 percent of the amount awarded under this

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act.

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