HB 179

1
A bill to be entitled
2An act for the relief of Stephen and Meredith Kirby,
3parents and natural guardians of their daughter, Harper
4Kirby, by the University of South Florida; providing for
5an appropriation to compensate Stephen and Meredith Kirby,
6parents and natural guardians of Harper Kirby, for damages
7sustained due to the negligence of an employee of the
8University of South Florida; providing a limitation on the
9payment of attorney's fees and costs; providing an
10effective date.
11
12     WHEREAS, Stephen and Meredith Kirby are carriers of the
13cystic fibrosis gene, and
14     WHEREAS, in 2006 the Kirbys desired to have a second child,
15and
16     WHEREAS, before conceiving a second child, the Kirbys
17sought genetics counseling on October 18, 2006, from a physician
18at the University of South Florida to assess their risks of
19having a child with cystic fibrosis, and
20     WHEREAS, the physician informed Mr. and Mrs. Kirby that
21they were not at risk and their second child would not be born
22with cystic fibrosis, and
23     WHEREAS, based on the physician's assertion that the Kirbys
24were not at risk for conceiving a child that has cystic
25fibrosis, Mr. and Mrs. Kirby chose to conceive a second child,
26who was born on August 22, 2007, and
27     WHEREAS, newborn screening tests revealed that the Kirbys'
28new baby, Harper Kirby, had cystic fibrosis, and
29     WHEREAS, Harper currently requires medical care and
30treatment for cystic fibrosis and will require such care and
31treatment for the rest of her life, and
32     WHEREAS, Mr. and Mrs. Kirby filed a medical negligence
33lawsuit for wrongful birth on December 5, 2008, in the Circuit
34Court of the Thirteenth Judicial District, Hillsborough County,
35case number 08-CA-027501, against the Board of Trustees of the
36University of South Florida for damages related to the
37extraordinary expenses of raising a child who has cystic
38fibrosis, and
39     WHEREAS, on July 20, 2010, the parties mediated the case
40and reached a settlement of all claims, and
41     WHEREAS, the University of South Florida has paid Stephen
42and Meredith Kirby $200,000 pursuant to the statutory limits of
43liability set forth in s. 768.28, Florida Statutes, and
44     WHEREAS, the University of South Florida and Stephen and
45Meredith Kirby agreed to jointly seek a claim bill in the amount
46of $1.8 million in favor of Stephen and Meredith Kirby to
47provide for compensation for the medical care and treatment
48associated with raising and caring for a child who has cystic
49fibrosis, NOW, THEREFORE,
50
51Be It Enacted by the Legislature of the State of Florida:
52
53     Section 1.  The facts stated in the preamble to this act
54are found and declared to be true.
55     Section 2.  The University of South Florida is authorized
56and directed to appropriate from funds of the university not
57otherwise appropriated and to draw a warrant in the sum of $1.8
58million, payable to Stephen and Meredith Kirby, parents and
59guardians of Harper Kirby, a minor, as compensation for the
60extraordinary expenses of raising and caring for Harper Kirby, a
61child who has cystic fibrosis, due to the negligence of the
62University of South Florida.
63     Section 3.  The amount paid by the University of South
64Florida pursuant to s. 768.28, Florida Statutes, and the amount
65awarded under this act are intended to provide the sole
66compensation for all present and future claims arising out of
67the factual situation described in this act which resulted in
68the wrongful birth of Harper Kirby. The total amount paid for
69attorney's fees, lobbying fees, costs, and other similar
70expenses relating to this claim may not exceed 25 percent of the
71amount awarded under this act.
72     Section 4.  This act shall take effect upon becoming a law.


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