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.