Florida Senate - 2017 (NP) CS for SB 46
By the Committee on Judiciary; and Senator Montford
590-02993-17 201746c1
1 A bill to be entitled
2 An act for the relief of Mary Mifflin-Gee by the City
3 of Miami; providing for an appropriation to compensate
4 her for injuries and damages sustained as a result of
5 the negligence of employees of the City of Miami
6 Department of Fire-Rescue; providing a limitation on
7 the payment of attorney fees; providing an effective
8 date.
9
10 WHEREAS, on October 25, 2012, Mary Mifflin-Gee was in her
11 vehicle located in a parking lot at 1498 NW 54th Street in Miami
12 when, according to eyewitness statements, she exhibited seizure
13 like symptoms and foamed from the mouth, and
14 WHEREAS, a call was placed to 911, and paramedics Eric
15 Hough, Marc Alexandre, and Steven Mason of the City of Miami
16 Department of Fire-Rescue responded to treat Mary Mifflin-Gee,
17 and
18 WHEREAS, the fire rescue personnel removed Mary Mifflin-Gee
19 from her vehicle, and, even though it is a basic Emergency
20 Medical Technician (EMT) requirement to secure an unconscious
21 patient to the gurney with the seatbelt, the fire rescue
22 personnel placed Mary Mifflin-Gee on a gurney without securing
23 her with the seatbelt and attempted to transfer her into the
24 ambulance, and
25 WHEREAS, because of the fire personnel’s failure to follow
26 the basic EMT requirement, Mary Mifflin-Gee fell off the gurney
27 and struck her head and, as a result, suffered a severe
28 traumatic brain injury, and
29 WHEREAS, Mary Mifflin-Gee was transported to Jackson
30 Memorial Hospital, where she underwent a left craniectomy and
31 cranioplasty as well as a posttraumatic hydrocephalus
32 ventriculoperitoneal shunt placement for her head injury, and
33 WHEREAS, Mary Mifflin-Gee became tracheostomy dependent and
34 suffered numerous complications, such as dysphagia,
35 hypertension, anemia of chronic disease, acute renal failure,
36 respiratory distress, urinary tract infections, rectal bleeding,
37 and deep vein thrombosis, and
38 WHEREAS, Mary Mifflin-Gee was transferred to Jackson
39 Memorial Long-Term Care Center, where she now depends on nursing
40 staff for all daily activities and all levels of care and
41 remains in a persistent vegetative state, and
42 WHEREAS, Mary Mifflin-Gee was treated by Dr. Craig
43 Lichtblau, a specialist certified by the American Board of
44 Physical Medicine and Rehabilitation, who determined that she is
45 93 percent impaired as a result of the accident in question and
46 that her future medical care will cost several million dollars,
47 and
48 WHEREAS, additionally, Mary Mifflin-Gee’s past medical
49 expenses amount to $1,168,857.93, and
50 WHEREAS, before the accident, Mary Mifflin-Gee lived alone,
51 had no significant health issues, and was completely
52 independent, and
53 WHEREAS, Marilyn Jelks, as legal guardian of the person and
54 property of Mary Mifflin-Gee, filed a claim and lawsuit against
55 the City of Miami in the Circuit Court of the 11th Judicial
56 Circuit of Florida, Case No. 13-026644 CA 01, for compensation
57 for the injuries, alleging negligence in the care and treatment
58 by the EMT workers who attended to Mary Mifflin-Gee, and
59 WHEREAS, mediation was conducted on February 6, 2015, and
60 the case was settled for $2.5 million, and
61 WHEREAS, the insurance company of the City of Miami,
62 Lloyd’s of London, which has a policy that provides for a
63 $500,000 self-insured retention before the company is
64 responsible for any excess amount, has agreed to pay $2 million,
65 and
66 WHEREAS, the City of Miami has agreed to pay $200,000 in
67 satisfaction of the sovereign immunity limits under s. 768.28,
68 Florida Statutes, NOW, THEREFORE,
69
70 Be It Enacted by the Legislature of the State of Florida:
71
72 Section 1. The facts stated in the preamble to this act are
73 found and declared to be true.
74 Section 2. The City of Miami is authorized and directed to
75 appropriate from funds not otherwise encumbered and to draw a
76 warrant in the sum of $2,300,000 payable to Marilyn Jelks, as
77 legal guardian of Mary Mifflin-Gee. This sum shall be placed in
78 the Special Needs Trust created for the exclusive use and
79 benefit of Mary Mifflin-Gee, to compensate her for injuries and
80 damages sustained as a result of the negligence of employees of
81 the City of Miami.
82 Section 3. The amount paid by the City of Miami pursuant to
83 s. 768.28, Florida Statutes, and the amount awarded under this
84 act are intended to provide the sole compensation for all
85 present and future claims arising out of the factual situation
86 described in this act which resulted in injuries and damages to
87 Mary Mifflin-Gee. The total amount paid for attorney fees
88 relating to this claim may not exceed 25 percent of the amount
89 awarded under this act.
90 Section 4. This act shall take effect upon becoming a law.