HB 457

A bill to be entitled
2An act for the relief of Denise Gordon Brown and David
3Brown by the North Broward Hospital District;
4providing for an appropriation to compensate Denise
5Gordon Brown and David Brown, parents of Darian Brown,
6for injuries and damages sustained by Darian Brown as
7result of the negligence of Broward General Medical
8Center; providing a limitation on the payment of fees
9and costs; providing an effective date.
11     WHEREAS, on January 10, 2000, Denise Gordon Brown was
12admitted as a high-risk obstetrical patient at Broward General
13Medical Center in Fort Lauderdale, Florida, and
14     WHEREAS, Denise Gordon Brown's physicians at Broward
15General Medical Center ordered continuous fetal monitoring, and
16     WHEREAS, on the evening of January 14, 2000, the fetal
17monitoring showed significant risk to the fetus, and
18     WHEREAS, on January 15, 2000, the monitoring indicated
19continued fetal tachycardia and loss of reactivity,
20necessitating immediate delivery, and
21     WHEREAS, Denise Gordon Brown's unborn child, Darian Brown,
22was not delivered immediately and sustained a hypoxic brain
23injury as a result of the delay, and
24     WHEREAS, Denise Gordon Brown and David Brown, the parents
25of Darian Brown, sought medical care and treatment that
26determined that Darian Brown's condition is permanent, has
27resulted in severe neurological damage, and requires a lifetime
28of round-the-clock care and treatment, and
29     WHEREAS, after a trial, a jury returned a verdict in favor
30of Denise Gordon Brown and David Brown, as parents and guardians
31of Darian Brown, in the amount of $35,236,000, for the cost of
32care for Darian Brown, resulting in a final judgment, less
33setoffs and costs, in the amount of $34,418,577, and
34     WHEREAS, the jury's verdict was affirmed on appeal, and
35     WHEREAS, pursuant to an agreement between the parties to
36the lawsuit, the judgment has been partially satisfied in the
37amount of $10,550,000, and
38     WHEREAS, pursuant to the agreement, the claim shall be
39considered fully satisfied by the stipulation that the North
40Broward Hospital District will seek its self-insured retention
41in the amount of $2 million as authorized by the Florida
42Legislature through a claim bill, NOW, THEREFORE,
44Be It Enacted by the Legislature of the State of Florida:
46     Section 1.  The facts stated in the preamble to this act
47are found and declared to be true.
48     Section 2.  The sum of $2 million is appropriated out of
49funds not otherwise encumbered for payment by the North Broward
50Hospital District for the relief of Denise Gordon Brown and
51David Brown, as guardians of Darian Brown, for injuries and
52damages sustained by Darian Brown due to the negligence of
53Broward General Medical Center.
54     Section 3.  A warrant shall be drawn in favor of Denise
55Gordon Brown and David Brown, as guardians of Darian Brown, in
56the amount of $2 million.
57     Section 4.  The amount paid pursuant to s. 768.28, Florida
58Statutes, and the amount awarded under this act are intended to
59provide the sole compensation for all present and future claims
60arising out of the factual situation described in this act which
61resulted in injuries sustained by Darian Brown. The total amount
62paid for attorney's fees, lobbying fees, costs, and other
63similar expenses relating to this claim may not exceed 25
64percent of the total amount awarded under this act.
65     Section 5.  This act shall take effect upon becoming a law.

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