HB 179

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