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.