1 | A bill to be entitled |
2 | An act for the relief of Yvonne Morton; providing an |
3 | appropriation to compensate her for injuries and damages |
4 | sustained as a result of the negligence of the Department |
5 | of Health; providing a limitation on the payment of fees |
6 | and costs; providing an effective date. |
7 |
|
8 | WHEREAS, on January 2, 2007, Yvonne Morton was driving her |
9 | automobile on Pinellas Avenue South in Tarpon Springs, Pinellas |
10 | County, when she was struck by William Herbert, a pharmacy |
11 | inspector for the Division of Medical Quality Assurance in the |
12 | Department of Health. Mr. Herbert was driving an automobile |
13 | owned by the Department of Health in the course and scope of his |
14 | employment, and |
15 | WHEREAS, Mr. Herbert failed to yield at a stop sign and |
16 | pulled out in front of Ms. Morton's vehicle, causing a |
17 | substantial collision. Mr. Herbert was issued a traffic citation |
18 | for failure to yield at a stop sign and violating Ms. Morton's |
19 | right of way, and |
20 | WHEREAS, Ms. Morton was transported by air to the Bayfront |
21 | Medical Center in St. Petersburg and remained a patient at |
22 | Bayfront until January 31, 2007. Ms. Morton, who was 85 years |
23 | old at the time of the collision, was determined to have |
24 | sustained multiple injuries, including multiple fractured ribs, |
25 | a scalp hematoma, and neck injuries later diagnosed as central |
26 | cord syndrome. During her hospital stay, her neurosurgeon, David |
27 | M. McKalip, M.D., performed surgery on her neck. During the |
28 | surgical procedure, described as a C5-C6 lateral mass |
29 | instrumentation and fusion, metal hardware, including screws, |
30 | rods, and a crosslink, were implanted, and |
31 | WHEREAS, upon discharge, Ms. Morton was transported by |
32 | ambulance to Manor Care of Palm Harbor, a nursing facility in |
33 | Palm Harbor, Florida. Ms. Morton resided at Manor Care until |
34 | February 6, 2007, when she was transported by ambulance to Mease |
35 | Countryside Hospital for dyspnea with the suspected cause being |
36 | a pulmonary embolus due to lengthy bed rest. She remained at |
37 | Mease until February 17, 2007, when she was discharged to a new |
38 | nursing facility, Orchard Ridge Rehabilitation in New Port |
39 | Richey, for continued rehabilitation of her injuries, and |
40 | WHEREAS, Ms. Morton resided at Orchard Ridge until August |
41 | 9, 2007, when she was transported to La Casa Grande, an assisted |
42 | living facility also located in New Port Richey, where she |
43 | continues to reside. Her average monthly living expenses at the |
44 | facility are currently $3,531.60, and |
45 | WHEREAS, prior to the accident, Ms. Morton was independent |
46 | and self-sufficient, living on her own in her own home, driving |
47 | her own car, and exercising regularly. Following the accident, |
48 | she has been confined to hospitals, nursing homes, and, now, an |
49 | assisted living facility. The injuries she sustained have caused |
50 | her to depend on others for the performance of most of the |
51 | activities of daily living, and have caused such difficulty and |
52 | inability to ambulate that she now is confined to a wheelchair, |
53 | and |
54 | WHEREAS, Ms. Morton's total medical expenses incurred as a |
55 | result of the accident, including hospitalizations, physician |
56 | services, surgical services, diagnostic imaging studies, air and |
57 | ambulance transportation, nursing home residency fees, and |
58 | assisted living facility fees, through July 31, 2009, amount to |
59 | approximately $570,000, and |
60 | WHEREAS, Ms. Morton's personal automobile insurer, State |
61 | Farm Mutual Automobile Insurance Company, has paid $10,000 |
62 | toward her medical bills in personal injury protection benefits |
63 | and $100,000 in uninsured/underinsured motorist benefits. |
64 | Humana, the American Association of Retired Persons, and |
65 | Medicare have also paid toward her bills. These organizations |
66 | retain subrogation interests on any recovery made by Ms. Morton, |
67 | and |
68 | WHEREAS, a lawsuit was filed by the law firm of Lucas, |
69 | Green, and Magazine on behalf of Ms. Morton in the Circuit Court |
70 | of Pinellas County, Case No. 07-9114-C-13, against the State of |
71 | Florida, Department of Health. In that lawsuit, the department |
72 | admitted liability and took the position that its employee, |
73 | William Hebert, was solely at fault for the accident. The |
74 | parties entered into a settlement under which the department |
75 | will pay its statutory limit of liability of $100,000 pursuant |
76 | to s. 768.28, Florida Statutes, and the department agreed not to |
77 | contest or oppose any claim bill on behalf of Ms. Morton as long |
78 | as the claim bill did not seek compensation in excess of an |
79 | additional $650,000, NOW, THEREFORE, |
80 |
|
81 | Be It Enacted by the Legislature of the State of Florida: |
82 |
|
83 | Section 1. The facts stated in the preamble to this act |
84 | are found and declared to be true. |
85 | Section 2. The sum of $650,000 is appropriated from the |
86 | General Revenue Fund to the Department of Health for the relief |
87 | of Yvonne Morton for injuries and damages sustained. |
88 | Section 3. The Chief Financial Officer is directed to draw |
89 | a warrant in favor of Yvonne Morton in the sum of $650,000 upon |
90 | funds of the Department of Health in the State Treasury, and to |
91 | pay the same out of such funds in the State Treasury. |
92 | Section 4. The amount paid by the Department of Health |
93 | pursuant to s. 768.28, Florida Statutes, and the amount awarded |
94 | under this act are intended to provide the sole compensation for |
95 | all present and future claims arising out of the factual |
96 | situation described in this act which resulted in the injuries |
97 | and damages to Yvonne Morton. The total amount paid for |
98 | attorney's fees, lobbying fees, costs, and other expenses |
99 | relating to this claim may not exceed 25 percent of the total |
100 | amount awarded under this act. |
101 | Section 5. This act shall take effect upon becoming a law. |