Florida Senate - 2014                              (NP)    SB 20
       
       
        
       By Senator Montford
       
       
       
       
       
       3-00106-14                                              201420__
    1                        A bill to be entitled                      
    2         An act for the relief of Yvonne Morton; providing an
    3         appropriation to compensate her for injuries and
    4         damages sustained as a result of the negligence of an
    5         employee of the Department of Health; providing a
    6         limitation on the payment of fees and costs; providing
    7         an effective date.
    8  
    9         WHEREAS, on January 2, 2007, Yvonne Morton was driving her
   10  automobile on Pinellas Avenue South in Tarpon Springs, Pinellas
   11  County, when she was struck by William Herbert, a pharmacy
   12  inspector for the Division of Medical Quality Assurance in the
   13  Department of Health, and
   14         WHEREAS, Mr. Herbert was driving an automobile owned by the
   15  Department of Health in the course and scope of his employment,
   16  and
   17         WHEREAS, Mr. Herbert failed to yield at a stop sign and
   18  pulled out in front of Ms. Morton’s vehicle, causing a
   19  substantial collision, after which Mr. Herbert was issued a
   20  traffic citation for failure to yield at a stop sign and
   21  violating Ms. Morton’s right of way, and
   22         WHEREAS, Ms. Morton was transported by air to Bayfront
   23  Medical Center in St. Petersburg and remained a patient at
   24  Bayfront until January 31, 2007, and
   25         WHEREAS, Ms. Morton, who was 85 years old at the time of
   26  the collision, was determined to have sustained multiple
   27  injuries, including multiple fractured ribs, a scalp hematoma,
   28  and neck injuries later diagnosed as central cord syndrome, and
   29         WHEREAS, during her hospital stay, Ms. Morton’s
   30  neurosurgeon, David M. McKalip, M.D., performed surgery on her
   31  neck and, during the surgical procedure, described as a C5-C6
   32  lateral mass instrumentation and fusion, metal hardware,
   33  including screws, rods, and a crosslink, were implanted, and
   34         WHEREAS, upon discharge, Ms. Morton was transported by
   35  ambulance to Manor Care of Palm Harbor, a nursing facility,
   36  where she resided until February 6, 2007, at which time she was
   37  transported by ambulance to Mease Countryside Hospital for
   38  dyspnea with the suspected cause being a pulmonary embolus due
   39  to lengthy bed rest, and
   40         WHEREAS, Ms. Morton remained at Mease until February 17,
   41  2007, when she was discharged to a new nursing facility, Orchard
   42  Ridge Rehabilitation in New Port Richey, for continued
   43  rehabilitation of her injuries, and
   44         WHEREAS, Ms. Morton resided at Orchard Ridge until August
   45  9, 2007, when she was transported to La Casa Grande, an assisted
   46  living facility also located in New Port Richey, where she
   47  continues to reside. Ms. Morton’s average monthly living
   48  expenses at the facility are $3,531.60, and
   49         WHEREAS, before the accident, Ms. Morton was independent
   50  and self-sufficient, living on her own in her own home, driving
   51  her own car, and exercising regularly, and since the accident,
   52  has been confined to hospitals, nursing homes, and, now, an
   53  assisted living facility, and
   54         WHEREAS, the injuries sustained by Ms. Morton have caused
   55  her to depend on others for the performance of most of the
   56  activities of daily living, and have caused such difficulty and
   57  inability to ambulate that she now is confined to a wheelchair,
   58  and
   59         WHEREAS, as of July 31, 2009, Ms. Morton’s total medical
   60  expenses incurred as a result of the accident, including
   61  hospitalizations, physician services, surgical services,
   62  diagnostic imaging studies, air and ambulance transportation,
   63  nursing home residency fees, and assisted living facility fees,
   64  totaled approximately $570,000, and
   65         WHEREAS, Ms. Morton’s personal automobile insurer, State
   66  Farm Mutual Automobile Insurance Company, paid $10,000 toward
   67  her medical bills through personal injury protection benefits
   68  and $100,000 in uninsured/underinsured motorist benefits, and
   69         WHEREAS, Humana, the American Association of Retired
   70  Persons, and Medicare have also paid portions of Ms. Morton’s
   71  bills and these organizations retain subrogation interests on
   72  any recovery made by Ms. Morton, and
   73         WHEREAS, a lawsuit was filed on behalf of Yvonne Morton by
   74  the law firm of Lucas, Green, and Magazine in the Circuit Court
   75  of Pinellas County, Case No. 07-9114-C-13, against the State of
   76  Florida, Department of Health, and
   77         WHEREAS, in that lawsuit, the department admitted
   78  liability, taking the position that its employee, William
   79  Hebert, was solely at fault for the accident, and the parties
   80  entered into a settlement under which the department agreed to
   81  pay its statutory limit of liability of $100,000 pursuant to s.
   82  768.28, Florida Statutes, and agreed not to contest or oppose
   83  any claim bill filed on behalf of Yvonne Morton so long as it
   84  did not seek compensation in excess of an additional $650,000,
   85  NOW, THEREFORE,
   86  
   87  Be It Enacted by the Legislature of the State of Florida:
   88  
   89         Section 1. The facts stated in the preamble to this act are
   90  found and declared to be true.
   91         Section 2. The sum of $650,000 is appropriated from the
   92  General Revenue Fund to the Department of Health for the relief
   93  of Yvonne Morton for injuries and damages sustained as a result
   94  of the negligence of an employee of the Department of Health.
   95         Section 3. The Chief Financial Officer is directed to draw
   96  a warrant in favor of Yvonne Morton in the sum of $650,000 upon
   97  funds of the Department of Health in the State Treasury, and to
   98  pay that amount out of such funds.
   99         Section 4. The amount paid by the Department of Health
  100  pursuant to s. 768.28, Florida Statutes, and the amount awarded
  101  under this act are intended to provide the sole compensation for
  102  all present and future claims arising out of the factual
  103  situation described in this act which resulted in the injuries
  104  and damages to Yvonne Morton. The total amount paid for attorney
  105  fees, lobbying fees, and related costs may not exceed 15 percent
  106  of the amount awarded under this act, absent a waiver of this
  107  fee limitation executed by the claimant, and in such event, the
  108  fee may not exceed 25 percent of the total amount awarded under
  109  this act.
  110         Section 5. This act shall take effect upon becoming a law.