Florida Senate - 2012                        COMMITTEE AMENDMENT
       Bill No. SB 10
                                Barcode 279324                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Comm: UNFAV           .                                
                  02/27/2012           .                                

       The Committee on Rules (Richter) recommended the following:
    1         Senate Substitute for Amendment (387752) (with title
    2  amendment)
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. The facts stated in the preamble to this act are
    7  found and declared to be true.
    8         Section 2. Lee Memorial Health System, formerly known as
    9  the Hospital Board of Directors of Lee County, is authorized and
   10  directed to appropriate from its funds and to draw the following
   11  warrants as compensation for the medical malpractice committed
   12  against Aaron Edwards:
   13         (1) The sum of $5 million, payable to the Guardianship of
   14  Aaron Edwards;
   15         (2) This sum shall be payable in five equal payments of $1
   16  million made annually over 5 years.
   17         Section 3. The amount paid by Lee Memorial Health System
   18  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   19  under this act are intended to provide the sole compensation for
   20  all present and future claims arising out of the factual
   21  situation described in this act which resulted in the injuries
   22  suffered by Aaron Edwards. The total amount paid for attorney
   23  fees, lobbying fees, costs, and other similar expenses relating
   24  to this claim may not exceed 25 percent of the total amount
   25  awarded under this act.
   26         Section 4. This act shall take effect upon becoming a law.
   28  ================= T I T L E  A M E N D M E N T ================
   29         And the title is amended as follows:
   30         Delete everything before the enacting clause
   31  and insert:
   32                        A bill to be entitled                      
   33         An act for the relief of Aaron Edwards, a minor, by
   34         Lee Memorial Health System of Lee County; providing
   35         for an appropriation to compensate Aaron Edwards for
   36         damages sustained as a result of the medical
   37         negligence by employees of Lee Memorial Health System
   38         of Lee County; providing a limitation on the payment
   39         of fees and costs; providing an effective date.
   41         WHEREAS, Aaron Edwards was born on September 5, 2007, at
   42  Lee Memorial Hospital, and
   43         WHEREAS, Aaron Edwards suffered permanent injuries to his
   44  brain as a consequence of an acute hypoxic ischemic episode at
   45  birth, and
   46         WHEREAS, after a 6-week trial, a jury in Lee County
   47  returned a verdict in favor of Aaron Edwards, finding Lee
   48  Memorial Health System 100 percent responsible for Aaron
   49  Edwards’ preventable injuries and awarded a total of
   50  $28,477,966.48 to the Guardianship of Aaron Edwards, and
   51         WHEREAS, the court also awarded $174,969.65 in taxable
   52  costs, and
   53         WHEREAS, Lee Memorial Health System tendered $200,000
   54  toward payment of this claim, in accordance with the statutory
   55  limits of liability set forth in s. 768.28, Florida Statutes,