Florida Senate - 2016                              (NP)    SB 54
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00173-16                                             201654__
    1                        A bill to be entitled                      
    2         An act for the relief of Ashaunti Seay by the Public
    3         Health Trust of Miami-Dade County; providing for an
    4         appropriation to compensate her for injuries and
    5         damages sustained as a result of the negligence of the
    6         Public Health Trust of Miami-Dade County; providing a
    7         limitation on the payment of compensation, fees, and
    8         costs; providing an effective date.
    9  
   10         WHEREAS, on October 16, 2014, Ashaunti Seay saw an
   11  optometrist, Mark Rogers, O.D., and his examination of her eyes
   12  demonstrated swelling of the optic nerve, and
   13         WHEREAS, Ashaunti Seay was referred directly to the
   14  Northwest Medical Center where she was seen in the emergency
   15  room and underwent a CT scan of the brain, and
   16         WHEREAS, the CT scan revealed the presence of a colloid
   17  cyst at the foramen of Monro with associated ventriculomegaly,
   18  and
   19         WHEREAS, Ashaunti Seay was then transferred to Westside
   20  Regional Medical Center where she was admitted overnight for
   21  further evaluation and underwent an MRI of the brain, which
   22  confirmed the diagnosis of a colloid cyst, and
   23         WHEREAS, Ashaunti Seay was seen in consultation by a
   24  neuroophthalmologist and a neurosurgeon and the decision was
   25  made that she would be best served by having her transferred to
   26  Jackson Memorial Hospital, and
   27         WHEREAS, after her transfer to Jackson Memorial Hospital,
   28  Ashaunti Seay was placed under the care of Sarah C. Jernigan,
   29  M.D., who recommended the performance of an endoscopic resection
   30  of the colloid cyst, and
   31         WHEREAS, on October 20, 2014, Dr. Jernigan performed an
   32  endoscopic resection of the third ventricle colloid mass on
   33  Ashaunti Seay at Jackson Memorial Hospital and, during the
   34  course of the procedure, Ashaunti Seay suffered permanent and
   35  irreversible brain damage, and
   36         WHEREAS, Ashaunti Seay now has significant, permanent, and
   37  lifelong neurological injuries and damages, and
   38         WHEREAS, this claim was presented to the Public Health
   39  Trust of Miami-Dade County, and
   40         WHEREAS, the University of Miami Miller School of Medicine
   41  entered into a Basic Affiliation Agreement dated November 11,
   42  2013, with respect to the university’s responsibility to
   43  indemnify the Public Health Trust of Miami-Dade County for
   44  certain claims, and
   45         WHEREAS, based on the specific facts and circumstances of
   46  this case and the nature of the medical care rendered to
   47  Ashaunti Seay, the University of Miami Miller School of Medicine
   48  is legally bound to indemnify the Public Health Trust of Miami
   49  Dade County with respect to the amount required to be paid upon
   50  this bill becoming law, and
   51         WHEREAS, Ashaunti Seay is hereby requesting that an
   52  appropriation be made through this act for relief in the amount
   53  of $10 million, NOW, THEREFORE,
   54  
   55  Be It Enacted by the Legislature of the State of Florida:
   56  
   57         Section 1. The facts stated in the preamble to this act are
   58  found and declared to be true.
   59         Section 2.  The Public Health Trust of Miami-Dade County is
   60  authorized and directed to appropriate from funds not otherwise
   61  encumbered and to draw a warrant in the sum of $10 million
   62  payable to Ashaunti Seay as compensation for the catastrophic
   63  injuries and damages she sustained as a result of the nature of
   64  her medical care. The University of Miami Miller School of
   65  Medicine shall forthwith indemnify the Public Health Trust of
   66  Miami-Dade County with respect to the payment of these funds.
   67  After deductions for attorney fees, lobbyist fees and costs as
   68  specified in this act, the net proceeds shall be paid into a
   69  Special Needs Trust for the use and benefit of Ashaunti Seay.
   70         Section 3. The amount paid by the Public Health Trust of
   71  Miami-Dade County pursuant to s. 768.28, Florida Statutes, and
   72  the amount awarded under this act are intended to provide the
   73  sole compensation for all present and future claims arising out
   74  of the factual situation described in this act which resulted in
   75  the catastrophic injuries and damages to Ashaunti Seay. The
   76  total amount paid for attorney fees, lobbying fees, costs, and
   77  similar expenses relating to this claim may not exceed 25
   78  percent of the amount awarded under this act.
   79         Section 4. This act shall take effect upon becoming a law.