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A bill to be entitled

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An act for the relief of Daniel and Amara Estrada;

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providing an appropriation to compensate Daniel and Amara

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Estrada, parents and guardians of Caleb Estrada, for the

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wrongful birth of Caleb Estrada and for damages sustained

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by Daniel and Amara Estrada as a result of negligence by

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employees of the University of South Florida Board of

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Trustees; providing a limitation on the payment of fees

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and costs; providing an effective date.

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     WHEREAS, Amara and Daniel Estrada's first child, Aiden, was

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born on on June 28, 2002, at Tampa General Hospital, and

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     WHEREAS, Aiden was born with numerous birth defects

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including 2-3 syndactyly, hypospadias, cryptorchidism, small for

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gestational age, cleft palate, simian creases in both hands, ears

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low set and rotated, micropenis, micronathia, intrauterine growth

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retardation, microcephaly, and dysmorphic face, and

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     WHEREAS, these defects and conditions should have caused a

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geneticist to suspect and then confirm the diagnosis of Smith-

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Lemli-Opitz disease, and

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     WHEREAS, on June 28, 2002, the newborn nursery of Tampa

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General Hospital called for a genetic consultation concerning

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Aiden Estrada by Boris Kousseff, M.D., Director of Medical

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Genetics of the University of South Florida College of Medicine,

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and

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     WHEREAS, Dr. Kousseff examined Aiden in St. Joseph's

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Hospital on July 1, 2002, but failed to suspect or diagnose

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Smith-Lemli-Opitz disease, and

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     WHEREAS, Dr. Kousseff undertook to follow Aiden Estrada as

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his treating geneticist and made an appointment for the Estradas

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to bring Aiden to his office at the University of South Florida

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Genetics Clinic on August 29, 2002, and

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     WHEREAS, at the time of the appointment, Dr. Kousseff failed

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once again to suspect or diagnose Smith-Lemli-Opitz disease, and

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     WHEREAS, Dr. Kousseff next saw Aiden and his parents at the

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University of South Florida Genetics Clinic on September 15,

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2003, at which time it was apparent that Aiden was severely

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developmentally delayed, had severe psychomotor retardation, and

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was unable to take nutrition or hydration by mouth, requiring

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Aiden to depend on a gastrostomy tube that was surgically

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implanted through the abdominal and stomach wall in order to

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deliver nutrition and hydration, and

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     WHEREAS, Dr. Kousseff continued to fail to suspect or

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diagnose Smith-Lemli-Opitz disease, and

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     WHEREAS, Dr. Kousseff told Daniel and Amara Estrada that he

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believed Aiden's problems were just some fluke of nature that was

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probably related to an environmental cause, and their chances

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were were good for having a "normal" baby the next time the

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parents attempted to have a child, and

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     WHEREAS, the standard of care calls for a geneticist under

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this situation, when he or she does not know the diagnosis, to

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advise parents that there is at least a 25 percent chance of

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recurrence of the defects in the next child, and

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     WHEREAS, if the Estradas been told the truth of the

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possibility of recurrence of the birth defects in a subsequent

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child, the Estradas would have chosen not to conceive again but

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to adopt, and

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     WHEREAS, instead, the parents relied on Dr. Kousseff's

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advice and, after following all of the recommendations of Dr.

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Kousseff, conceived a second child, and

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     WHEREAS, Amara Estrada gave birth to Caleb Estrada on

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November 18, 2004, at Shands Teaching Hospital of the University

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of Florida, and

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     WHEREAS, Caleb had the same or similar symptoms as his older

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brother, Aiden, and

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     WHEREAS, within hours after his birth, the geneticist at the

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University of Florida diagnosed Caleb as having Smith-Lemli-Opitz

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disease, and

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     WHEREAS, on the next day, November 19, 2004, Daniel and

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Amara Estrada brought Aiden to Shands Hospital to meet with the

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geneticist who diagnosed Aiden as having Smith-Lemli-Opitz

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disease, and

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     WHEREAS, the parents now had a second child who is severely

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impaired and who also would be totally reliant on a gastrostomy

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tube for nutrition and hydration and who would also require 24-

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hour care and supervision, and

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     WHEREAS, the physical, emotional, and financial resources of

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Daniel and Amara Estrada have been exhausted in trying to care

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for the severely impaired Aiden, who has needed 24-hour care and

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supervision and could not survive without a gastrostomy tube, and

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     WHEREAS, the evidence at trial was unanimous that Daniel and

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Amara Estrada have been absolutely heroic in their efforts to

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care for both of their severely disabled children, and

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     WHEREAS, their extended family fears that Daniel and Amara

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Estrada will not be able to continue the exhausting pace they

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have kept for the past 2 years and 8 months, and

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     WHEREAS, the testimony of witnesses, testifying on behalf of

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the Estradas, as well as the witnesses testifying on behalf the

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University of South Florida, agreed that the care provided by

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Boris Kousseff, M.D., was completely below any acceptable

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standard in his failure to recognize and diagnose Smith-Lemli-

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Opitz disease from Aiden's many symptoms, and

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     WHEREAS, Robert Steiner, M.D., a leading geneticist in

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Smith-Lemli-Opitz disease, testified he could not comprehend how

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Dr. Kousseff could possibly tell the parents on September 15,

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2003, that their chances of having a normal child were the same

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as anybody else's, and

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     WHEREAS, Dr. Steiner testified that the conduct of Dr.

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Kousseff was egregious, and

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     WHEREAS, the rehabilitation experts testifying on behalf of

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the Estradas and the rehabilitation experts testifying on behalf

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of the University of South Florida agreed that Caleb Estrada

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needs one-on-one care 24 hours a day, 7 days a week, and

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     WHEREAS, after a trial, the jury returned a verdict for

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Daniel and Amara Estrada, as parents and guardians of Caleb

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Estrada, in the amount of $16,697,700, for the cost of care for

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Caleb Estrada, and to Daniel Estrada, individually, and Amara

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Estrada, individually, $2,250,000, and

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     WHEREAS, the University of South Florida Board of Trustees

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have offered the parents $3 million as payment for the damages,

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NOW, 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. (1) The sum of $16,697,700 is appropriated from

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the General Revenue Fund to the University of South Florida Board

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of Trustees for the relief of Daniel and Amara Estrada, parents

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and guardians of Caleb Estrada, for the wrongful birth of Caleb

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Estrada.

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     (2) The Chief Financial Officer is directed to draw a

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warrant in favor of Daniel and Amara Estrada, as parents and

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guardians of Caleb Estrada, in the sum of $16,697,700 upon funds

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of the University of South Florida Board of Trustees and to pay

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the same out of such funds.

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     Section 3. (1) The sum of $2,250,000 is appropriated from

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the General Revenue Fund to the University of South Florida Board

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of Trustees for the relief of Daniel Estrada, individually, for

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damages sustained.

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     (2) The Chief Financial Officer is directed to draw a

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warrant in favor of Daniel Estrada in the sum of $2,250,000 upon

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funds of the University of South Florida Board of Trustees and to

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pay the same out of such funds.

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     Section 4. (1) The sum of $2,250,000 is appropriated from

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the General Revenue Fund to the University of South Florida Board

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of Trustees for the relief of Amara Estrada, individually, for

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damages sustained.

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     (2) The Chief Financial Officer is directed to draw a

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warrant in favor of Amara Estrada in the sum of $2,250,000 upon

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funds of the University of South Florida Board of Trustees and to

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pay the same out of such funds.

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     Section 5. The amounts awarded in this act are intended to

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provide the sole compensation for all present and future claims

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arising out of the factual situation described in this act which

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resulted in the wrongful birth of Caleb Estrada. The total amount

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paid for attorney's fees, lobbying fees, costs, and other similar

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expenses relating to this claim may not exceed 25 percent of the

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total amount awarded under this act.

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     Section 6.  This act shall take effect upon becoming a law.