Florida Senate - 2021 (NP) CS for SB 26 By the Committee on Judiciary; and Senator Cruz 590-03196-21 202126c1 1 A bill to be entitled 2 An act for the relief of the Estate of Crystle Marie 3 Galloway by the Hillsborough County Board of County 4 Commissioners; providing for an appropriation to 5 compensate the estate for injuries sustained by 6 Crystle Marie Galloway and her survivors as a result 7 of the negligence of employees of the Hillsborough 8 County Board of County Commissioners; providing a 9 limitation on the payment of fees; providing an 10 effective date. 11 12 WHEREAS, on or about June 27, 2018, Crystle Marie Galloway 13 gave birth to her son, Jacob Aiden Flowers, via caesarean 14 section and was discharged from the hospital on or about June 15 29, 2018, and 16 WHEREAS, on or about July 4, 2018, at approximately 3:02 17 a.m., Ms. Galloway’s mother, Nicole Black, contacted the 18 Hillsborough County Fire Rescue emergency dispatch center via 19 911 to request medical assistance for Ms. Galloway, and 20 WHEREAS, during the 911 call, Ms. Black requested an 21 ambulance for her daughter, advising the dispatcher that Ms. 22 Galloway had recently given birth and that she was found 23 unconscious in the bathroom with swollen lips and drool coming 24 out of her mouth, and 25 WHEREAS, the nature of the emergency was classified as a 26 stroke or cerebrovascular accident, and at approximately 3:05 27 a.m., four paramedics employed by Hillsborough County Fire 28 Rescue were dispatched to Ms. Galloway’s home and arrived at 29 approximately 3:17 a.m., and 30 WHEREAS, two deputies from the Hillsborough County 31 Sheriff’s office who first arrived at Ms. Galloway’s home in 32 response to the 911 call advised the paramedics employed by 33 Hillsborough County Fire Rescue that Ms. Galloway was 34 complaining of a headache and sensitivity to light and sound, 35 had not consumed any medication or alcohol, and had given birth 36 via caesarean section a few days earlier, and 37 WHEREAS, although the paramedics employed by Hillsborough 38 County Fire Rescue observed Ms. Galloway crying, complaining of 39 a headache, and vomiting, they did not take Ms. Galloway’s 40 vitals or perform any physical examination of her, and 41 WHEREAS, at 3:30 a.m., approximately 13 minutes after 42 arriving at Ms. Galloway’s home, the paramedics employed by 43 Hillsborough County Fire Rescue left without Ms. Galloway and 44 reported the incident as “Nontransport/No Patient Found” and 45 “Nontransport/Cancel,” and 46 WHEREAS, while Ms. Black was transporting Ms. Galloway to 47 the hospital in her personal vehicle, Ms. Galloway began having 48 seizures, and a CT scan of her brain performed at the emergency 49 room later revealed an acute subarachnoid hemorrhage, most 50 likely secondary to an aneurysm, and 51 WHEREAS, as the facility where Ms. Galloway was first 52 admitted was not equipped to handle the required neurological 53 interventions, Ms. Galloway was later transported to Tampa 54 General Hospital, where she underwent a cerebral angiogram with 55 coil placement into the aneurysm, and 56 WHEREAS, despite efforts by physicians at Tampa General 57 Hospital to treat Ms. Galloway, she passed away on July 9, 2018, 58 and 59 WHEREAS, as the Hillsborough County Board of County 60 Commissioners provides emergency medical and health care 61 services to its residents through entities that include 62 Hillsborough County Fire Rescue, paramedics employed by 63 Hillsborough County Fire Rescue are employees and agents of the 64 Hillsborough County Board of County Commissioners, and 65 WHEREAS, such employees of the Hillsborough County Board of 66 County Commissioners had a duty to use reasonable care in the 67 treatment of Ms. Galloway, and 68 WHEREAS, such employees of the Hillsborough County Board of 69 County Commissioners breached that duty by deviating from the 70 acceptable and appropriate standards of care in providing 71 inadequate care to Ms. Galloway, and 72 WHEREAS, the Estate of Crystle Marie Galloway alleged, 73 through a lawsuit filed October 17, 2019, in the Circuit Court 74 of the Thirteenth Judicial Circuit in and for Hillsborough 75 County, that the negligence of the Hillsborough County Board of 76 County Commissioners, through its employees, was the proximate 77 cause of Ms. Galloway’s death, and 78 WHEREAS, following the filing of the lawsuit, the 79 Hillsborough County Board of County Commissioners and the Estate 80 of Crystle Marie Galloway reached a settlement agreement in the 81 amount of $2.75 million, of which $300,000 has been paid to the 82 Estate of Crystle Marie Galloway pursuant to the limits of 83 liability set forth in s. 768.28, Florida Statutes, and the 84 remainder is conditioned upon the passage of a claim bill, which 85 is agreed to by the Hillsborough County Board of County 86 Commissioners, in the amount of $2.45 million, NOW, THEREFORE, 87 88 Be It Enacted by the Legislature of the State of Florida: 89 90 Section 1. The facts stated in the preamble to this act are 91 found and declared to be true. 92 Section 2. The Hillsborough County Board of County 93 Commissioners is authorized and directed to appropriate from 94 funds of the county not otherwise encumbered and to draw a 95 warrant in the sum of $2.45 million payable to Nicole Black as 96 personal representative of the Estate of Crystle Marie Galloway 97 as compensation for injuries and damages sustained. 98 Section 3. The amount paid by the Hillsborough County Board 99 of County Commissioners pursuant to s. 768.28, Florida Statutes, 100 and the amount awarded under this act are intended to provide 101 the sole compensation for all present and future claims arising 102 out of the factual situation described in this act which 103 resulted in the death of Crystle Marie Galloway, including 104 injuries and damages to the Estate of Crystle Marie Galloway and 105 her survivors. Of the amount awarded under this act, the total 106 amount paid for attorney fees relating to this claim may not 107 exceed $612,500, the total amount paid for lobbying fees may not 108 exceed $122,500, and the total amount paid for costs or other 109 similar expenses may not exceed $20,906.04. 110 Section 4. This act shall take effect upon becoming a law.