Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for SB 10
       
       
       
       
       
       
                                Barcode 495206                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 2/AD/2R         .                                
             03/07/2012 12:44 PM       .                                
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       Senator Flores moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. Lee Memorial Health System, formerly known as
    8  the Hospital Board of Directors of Lee County, is authorized and
    9  directed to appropriate from funds not otherwise appropriated
   10  and to draw a warrant as compensation for the injuries suffered
   11  by Aaron Edwards in the sum of $10,000,000 due by December 31,
   12  2012, plus an additional $1,000,000 by July 1 of each year
   13  beginning in 2013 through 2017, inclusive, for a total of
   14  $15,000,000, payable to the Guardianship of Aaron Edwards, to be
   15  placed in a special needs trust created for the exclusive use
   16  and benefit of Aaron Edwards, a minor.
   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’s
   23  fees, lobbying fees, costs, and other similar expenses relating
   24  to this claim may not exceed $100,000.
   25         Section 4. This act shall take effect upon becoming a law.
   26  
   27  ================= T I T L E  A M E N D M E N T ================
   28         And the title is amended as follows:
   29         Delete everything before the enacting clause
   30  and insert:
   31                        A bill to be entitled                      
   32         An act for the relief of Aaron Edwards, a minor, by
   33         Lee Memorial Health System of Lee County; providing
   34         for an appropriation to compensate Aaron Edwards for
   35         damages sustained as a result of medical negligence by
   36         employees of Lee Memorial Health System of Lee County;
   37         providing a limitation on the payment of fees and
   38         costs; providing an effective date.
   39  
   40         WHEREAS, Aaron Edwards was born on September 5, 1997, at
   41  Lee Memorial Hospital, and
   42         WHEREAS, Aaron Edwards suffered permanent injuries to his
   43  brain as a consequence of an acute hypoxic ischemic episode at
   44  birth, and
   45         WHEREAS, after a 6-week trial, a jury in Lee County
   46  returned a verdict in favor of Aaron Edwards, finding Lee
   47  Memorial Health System 100 percent responsible for Aaron
   48  Edwards’ injuries, and awarded a total of $28,477,966.48 to the
   49  Guardianship of Aaron Edwards, and
   50         WHEREAS, the court also awarded $174,969.65 in taxable
   51  costs, and
   52         WHEREAS, Lee Memorial Health System tendered $200,000
   53  toward payment of this claim, in accordance with the statutory
   54  limits of liability set forth in s. 768.28, Florida Statutes,
   55  NOW, THEREFORE,