Florida Senate - 2023 CS for SB 16 By the Committee on Judiciary; and Senator Gruters 590-03295-23 202316c1 1 A bill to be entitled 2 An act for the relief of Jamiyah Mitchell, Latricia 3 Mitchell, and Jerald Mitchell by the South Broward 4 Hospital District; providing an appropriation to 5 compensate Latricia Mitchell and Jerald Mitchell, 6 individually and as legal guardians of Jamiyah 7 Mitchell, for injuries and damages sustained as a 8 result of the negligence of the South Broward Hospital 9 District; providing a limitation on the payment of 10 compensation and attorney fees; providing an effective 11 date. 12 WHEREAS, on October 8, 2008, Latricia Mitchell, who was 13 pregnant, went to Memorial Hospital West, operated by the South 14 Broward Hospital District, with pain, vaginal bleeding, and 15 contractions, and 16 WHEREAS, fetal monitoring tracings, which began at 4:33 17 p.m., reflected a fetal tachycardia, minimal fetal heart rate 18 variability, and the absence of accelerations, and 19 WHEREAS, at approximately 5:54 p.m., Mrs. Mitchell was 20 admitted to Memorial Hospital West, and 21 WHEREAS, medical records reflect that, at 6:29 p.m., 22 continued fetal tachycardia, minimal fetal heart rate 23 variability, the absence of accelerations, and variable 24 decelerations were present, and 25 WHEREAS, the minimal variability and absence of 26 acceleration observations continued until approximately 8:44 27 p.m., when Jamiyah Mitchell was finally delivered by caesarean 28 section, and 29 WHEREAS, the hospital’s records indicate that the caesarean 30 section was performed due to a nonreassuring fetal heart rate, 31 and 32 WHEREAS, upon Jamiyah’s birth, there was a presence of 33 meconium-stained fluids, a sign of fetal asphyxiation, and her 34 Apgar score was 3 out of 10, and 35 WHEREAS, Jamiyah suffered a left hemisphere stroke, began 36 having seizures immediately at birth, and was cared for in the 37 neonatal intensive care unit for 7 days after her birth for 38 respiratory distress and seizure activity, and 39 WHEREAS, Jamiyah was also diagnosed with fetal hypoxic 40 ischemic encephalopathy, and magnetic resonance imaging of her 41 brain at 4 days old showed objective findings of a stroke in the 42 left hemisphere of the brain and a hemorrhage of the occipital 43 horn of the right lateral ventricle, and 44 WHEREAS, Jamiyah is now a teenager and while she is able to 45 walk and function in most aspects of everyday life in a manner 46 typical for an average girl her age, she suffers from attention 47 deficit/hyperactivity disorder and has a learning disability, 48 and 49 WHEREAS, on or about October 10, 2013, Mrs. Mitchell and 50 Jerald Mitchell, Mrs. Mitchell’s spouse and Jamiyah’s father, 51 individually and on behalf of Jamiyah, filed a legal action in 52 the Circuit Court of the 17th Judicial Circuit, in and for 53 Broward County, Case No. 14-005044, against the South Broward 54 Hospital District and other parties, alleging, in part, 55 negligence of the district in failing to establish adequate 56 protocols and procedures for the admission, monitoring, 57 evaluation, testing, and referral to medical specialists of 58 mothers presenting with risk factors for fetal distress, 59 including timely caesarean section and appropriate oxygenation 60 and ventilation, and 61 WHEREAS, on or about July 3, 2019, Mr. and Mrs. Mitchell, 62 individually and as legal guardians of Jamiyah, and the South 63 Broward Hospital District entered into a settlement agreement, 64 and 65 WHEREAS, the settlement agreement provides for the payment 66 of $200,000, by the South Broward Hospital District to the 67 Special Needs Trust for the Benefit of Jamiyah Mitchell, 68 pursuant to the statutory limit under s. 768.28, Florida 69 Statutes; the entry of a consent judgment in the amount of 70 $995,000 which limits execution to $795,000; and the South 71 Broward Hospital District’s agreement that it supports a claim 72 bill in the amount of $795,000, NOW, THEREFORE, 73 Be It Enacted by the Legislature of the State of Florida: 74 75 Section 1. The facts stated in the preamble to this act are 76 found and declared to be true. 77 Section 2. The South Broward Hospital District is 78 authorized and directed to appropriate from funds not otherwise 79 encumbered and to draw a warrant in the sum of $795,000 payable 80 to Mikel Taft, as trustee of the Special Needs Trust for the 81 Benefit of Jamiyah Mitchell, as compensation for injuries and 82 damages sustained. 83 Section 3. The amount paid by the South Broward Hospital 84 District pursuant to s. 768.28, Florida Statutes, and the amount 85 awarded under this act are intended to provide the sole 86 compensation for all present and future claims arising out of 87 the factual situation described in this act which resulted in 88 injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 89 Jerald Mitchell. The total amount paid for attorney fees 90 relating to this claim may not exceed 25 percent of the amount 91 awarded under this act. 92 Section 4. This act shall take effect upon becoming a law.