1 | A bill to be entitled |
2 | An act for the relief of Laron S. Harris, Jr., by and |
3 | through his parents, Melinda Williams and Laron S. Harris, |
4 | Sr., and Melinda Williams and Laron S. Harris, Sr., |
5 | individually, by the North Broward Hospital District, |
6 | d/b/a Coral Springs Medical Center; providing for an |
7 | appropriation to compensate them for injuries sustained as |
8 | a result of the negligence of the Coral Springs Medical |
9 | Center; providing a limitation on the payment of fees and |
10 | costs; providing an effective date. |
11 |
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12 | WHEREAS, Laron S. Harris, Jr., was born at the Coral |
13 | Springs Medical Center on April 1, 2003, suffering from severe |
14 | perinatal asphyxia and severe hypoperfusion, and has significant |
15 | brain damage as a result of those conditions, and |
16 | WHEREAS, Laron's mother, Melinda Williams, who was |
17 | approximately 8 months pregnant, arrived by ambulance at the |
18 | medical center at or around 5:45 a.m. on April 1, 2003, and was |
19 | bleeding significantly and having abdominal pain, and |
20 | WHEREAS, at 7:55 a.m., Dr. Richard Spira performed an |
21 | ultrasound and strongly suspected that a placental abruption had |
22 | occurred and recommended that another sonogram be performed in |
23 | the ultrasound department of the medical center, and |
24 | WHEREAS, at 8:45 a.m., a registered nurse performed a |
25 | bedside ultrasound on Ms. Williams using a portable ultrasound |
26 | machine rather than the more reliable ultrasound equipment |
27 | recommended by Dr. Spira in the ultrasound department, and |
28 | WHEREAS, Ms. Williams was not taken to the ultrasound |
29 | department for the further examinations as requested by Dr. |
30 | Spira until after 9:20 a.m., and |
31 | WHEREAS, Ms. Williams finally was sent to the operating |
32 | room at 9:45 a.m. for an emergency cesarean section that was |
33 | performed by Dr. Desouza; however, the surgery, which showed |
34 | that the placenta was 40 to 50 percent abrupt, did not begin |
35 | until 10:14 a.m., and |
36 | WHEREAS, the injuries Laron sustained were foreseeable and |
37 | preventable and the medical center had a duty to prevent his |
38 | injuries, and |
39 | WHEREAS, the medical center breached its duties to Laron |
40 | and Ms. Williams by failing to timely diagnose the existence of |
41 | the placental abruption and to timely perform an emergency |
42 | cesarean section upon diagnosing the placental abruption, and |
43 | WHEREAS, if the doctors at the medical center had promptly |
44 | diagnosed the placental abruption and timely performed the |
45 | emergency cesarean section, Laron most likely would not have |
46 | suffered from severe perinatal asphyxia and would not have |
47 | developed permanent neurological damage, and |
48 | WHEREAS, Laron S. Harris, Jr., and his parents Melinda |
49 | Williams and Laron S. Harris, Sr., filed a lawsuit against the |
50 | North Broward Hospital District, d/b/a Coral Springs Medical |
51 | Center, which was resolved through a mediated consent judgment |
52 | for the sum of $2.2 million, the payment of $200,000 authorized |
53 | by the state's limited waiver of sovereign immunity under s. |
54 | 768.28, Florida Statutes, and an agreement to support a claim |
55 | bill for the remaining amount of $2 million, NOW, THEREFORE, |
56 |
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57 | Be It Enacted by the Legislature of the State of Florida: |
58 |
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59 | Section 1. The facts stated in the preamble to this act |
60 | are found and declared to be true. |
61 | Section 2. The North Broward Hospital District, d/b/a |
62 | Coral Springs Medical Center, is authorized and directed to |
63 | appropriate from funds of the district not otherwise |
64 | appropriated and to draw a warrant in the sum of $2 million |
65 | payable to Laron S. Harris, Jr., by and through his parents |
66 | Melinda Williams and Laron S. Harris, Sr., and to Melinda |
67 | Williams and Laron S. Harris, Sr., individually, as compensation |
68 | for injuries and damages sustained. |
69 | Section 3. The amount paid by the North Broward Hospital |
70 | District pursuant to s. 768.28, Florida Statutes, and this award |
71 | are intended to provide the sole compensation for all present |
72 | and future claims arising out of the factual situation that |
73 | resulted in the injuries to Laron S. Harris, Jr., and his |
74 | parents Melinda Williams and Laron S. Harris, Sr. The total |
75 | amount paid for attorney's fees, lobbying fees, costs, and other |
76 | similar expenses relating to this claim may not exceed 25 |
77 | percent of the amount awarded under this act. |
78 | Section 4. This act shall take effect upon becoming a law. |