HB 609

1
A bill to be entitled
2An act for the relief of Laron S. Harris, Jr., by and
3through his parents, Melinda Williams and Laron S. Harris,
4Sr., and Melinda Williams and Laron S. Harris, Sr.,
5individually, by the North Broward Hospital District,
6d/b/a Coral Springs Medical Center; providing for an
7appropriation to compensate them for injuries sustained as
8a result of the negligence of the Coral Springs Medical
9Center; providing a limitation on the payment of fees and
10costs; providing an effective date.
11
12     WHEREAS, Laron S. Harris, Jr., was born at the Coral
13Springs Medical Center on April 1, 2003, suffering from severe
14perinatal asphyxia and severe hypoperfusion, and has significant
15brain damage as a result of those conditions, and
16     WHEREAS, Laron's mother, Melinda Williams, who was
17approximately 8 months pregnant, arrived by ambulance at the
18medical center at or around 5:45 a.m. on April 1, 2003, and was
19bleeding significantly and having abdominal pain, and
20     WHEREAS, at 7:55 a.m., Dr. Richard Spira performed an
21ultrasound and strongly suspected that a placental abruption had
22occurred and recommended that another sonogram be performed in
23the ultrasound department of the medical center, and
24     WHEREAS, at 8:45 a.m., a registered nurse performed a
25bedside ultrasound on Ms. Williams using a portable ultrasound
26machine rather than the more reliable ultrasound equipment
27recommended by Dr. Spira in the ultrasound department, and
28     WHEREAS, Ms. Williams was not taken to the ultrasound
29department for the further examinations as requested by Dr.
30Spira until after 9:20 a.m., and
31     WHEREAS, Ms. Williams finally was sent to the operating
32room at 9:45 a.m. for an emergency cesarean section that was
33performed by Dr. Desouza; however, the surgery, which showed
34that the placenta was 40 to 50 percent abrupt, did not begin
35until 10:14 a.m., and
36     WHEREAS, the injuries Laron sustained were foreseeable and
37preventable and the medical center had a duty to prevent his
38injuries, and
39     WHEREAS, the medical center breached its duties to Laron
40and Ms. Williams by failing to timely diagnose the existence of
41the placental abruption and to timely perform an emergency
42cesarean section upon diagnosing the placental abruption, and
43     WHEREAS, if the doctors at the medical center had promptly
44diagnosed the placental abruption and timely performed the
45emergency cesarean section, Laron most likely would not have
46suffered from severe perinatal asphyxia and would not have
47developed permanent neurological damage, and
48     WHEREAS, Laron S. Harris, Jr., and his parents Melinda
49Williams and Laron S. Harris, Sr., filed a lawsuit against the
50North Broward Hospital District, d/b/a Coral Springs Medical
51Center, which was resolved through a mediated consent judgment
52for the sum of $2.2 million, the payment of $200,000 authorized
53by the state's limited waiver of sovereign immunity under s.
54768.28, Florida Statutes, and an agreement to support a claim
55bill for the remaining amount of $2 million, NOW, THEREFORE,
56
57Be It Enacted by the Legislature of the State of Florida:
58
59     Section 1.  The facts stated in the preamble to this act
60are found and declared to be true.
61     Section 2.  The North Broward Hospital District, d/b/a
62Coral Springs Medical Center, is authorized and directed to
63appropriate from funds of the district not otherwise
64appropriated and to draw a warrant in the sum of $2 million
65payable to Laron S. Harris, Jr., by and through his parents
66Melinda Williams and Laron S. Harris, Sr., and to Melinda
67Williams and Laron S. Harris, Sr., individually, as compensation
68for injuries and damages sustained.
69     Section 3.  The amount paid by the North Broward Hospital
70District pursuant to s. 768.28, Florida Statutes, and this award
71are intended to provide the sole compensation for all present
72and future claims arising out of the factual situation that
73resulted in the injuries to Laron S. Harris, Jr., and his
74parents Melinda Williams and Laron S. Harris, Sr. The total
75amount paid for attorney's fees, lobbying fees, costs, and other
76similar expenses relating to this claim may not exceed 25
77percent of the amount awarded under this act.
78     Section 4.  This act shall take effect upon becoming a law.


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