Florida 2022 Regular Session

Florida House Bill H6519 Compare Versions

Only one version of the bill is available at this time.

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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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12	12	A bill to be entitled 1
13	13	An act for the relief of Jamiyah Mitchell, Latricia 2
14	14	Mitchell, and Jerald Mitchell by the South Broward 3
15	15	Hospital District; providing an appropriation to 4
16	16	compensate Latricia Mitchell and Jerald Mitchell, 5
17	17	individually and as legal guardians of Jamiyah 6
18	18	Mitchell, for injuries and damages sustained as a 7
19	19	result of the negligence of the South Broward Hospital 8
20	20	District; providing a limitation on the payment of 9
21	21	compensation and attorney fees; providing an effective 10
22	22	date. 11
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24	24	WHEREAS, on October 8, 2008, Latricia Mitchell, who was 13
25	25	pregnant, went to Memorial Hospital West, operated by the South 14
26	26	Broward Hospital District, with pain, vaginal bleeding, and 15
27	27	contractions, and 16
28	28	WHEREAS, fetal monitoring tracings, which began at 4:33 17
29	29	p.m., reflected a fetal tachycardia, minimal fetal heart rate 18
30	30	variability, and the absence of accelerations, and 19
31	31	WHEREAS, at approximately 5:54 p.m., Latricia Mitchell was 20
32	32	admitted to Memorial Hospital West, and 21
33	33	WHEREAS, medical records reflect that, at 6:29 p.m., 22
34	34	continued fetal tachycardia, minimal fetal heart rate 23
35	35	variability, the absence of accelerations, and variable 24
36	36	decelerations were present, and 25 
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38	38	HB 6519 2022
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45	45	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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47	47	WHEREAS, the minimal variability and ab sence of 26
48	48	acceleration observations continued until approximately 8:44 27
49	49	p.m., when Jamiyah Mitchell was finally delivered by caesarean 28
50	50	section, and 29
51	51	WHEREAS, the hospital's records indicate that the caesarean 30
52	52	section was performed due to a nonreassuring feta l heart rate, 31
53	53	and 32
54	54	WHEREAS, upon Jamiyah's birth, there was a presence of 33
55	55	meconium-stained fluids, a sign of fetal asphyxiation, and her 34
56	56	Apgar score was 3 out of 10, and 35
57	57	WHEREAS, Jamiyah suffered a left hemisphere stroke, began 36
58	58	having seizures immediately at birth, and was cared for in the 37
59	59	neonatal intensive care unit for 7 days after her birth for 38
60	60	respiratory distress and seizure activity, and 39
61	61	WHEREAS, Jamiyah was also diagnosed with fetal hypoxic -40
62	62	ischemic encephalopathy, and magnetic resonance imaging o f her 41
63	63	brain at 4 days old showed objective findings of a stroke in the 42
64	64	left hemisphere of the brain and a hemorrhage of the occipital 43
65	65	horn of the right lateral ventricle, and 44
66	66	WHEREAS, today, Jamiyah is 12 years old and, while she is 45
67	67	able to walk and funct ion in most aspects of everyday life for 46
68	68	an average girl her age, she suffers from attention -47
69	69	deficit/hyperactivity disorder and has a learning disability, 48
70	70	and 49
71	71	WHEREAS, on or about October 10, 2013, Latricia Mitchell 50 
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82	82	and Jerald Mitchell, Latricia Mitchell' s spouse and Jamiyah's 51
83	83	father, individually and on behalf of Jamiyah Mitchell, filed a 52
84	84	legal action in the Circuit Court of the 17th Judicial Circuit, 53
85	85	in and for Broward County, Case No. 14 -005044, against the South 54
86	86	Broward Hospital District and other part ies, alleging, in part, 55
87	87	negligence of the district in failing to establish adequate 56
88	88	protocols and procedures for the admission, monitoring, 57
89	89	evaluation, testing, and referral to medical specialists of 58
90	90	mothers presenting with risk factors for fetal distress, 59
91	91	including timely caesarean section and appropriate oxygenation 60
92	92	and ventilation, and 61
93	93	WHEREAS, on or about July 3, 2019, Latricia and Jerald 62
94	94	Mitchell, individually and as legal guardians of Jamiyah 63
95	95	Mitchell, and the South Broward Hospital District entered into a 64
96	96	settlement agreement, and 65
97	97	WHEREAS, the settlement agreement provides for the payment 66
98	98	of $200,000 by the South Broward Hospital District to Latricia 67
99	99	and Jerald Mitchell, individually and as legal guardians of 68
100	100	Jamiyah Mitchell, pursuant to the statut ory limit under s. 69
101	101	768.28, Florida Statutes; the entry of a consent judgment in the 70
102	102	amount of $995,000 which limits execution to $795,000; and the 71
103	103	South Broward Hospital District's agreement that it supports a 72
104	104	claim bill in the amount of $795,000, NOW, THE REFORE, 73
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106	106	Be It Enacted by the Legislature of the State of Florida: 75 
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108	108	HB 6519 2022
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115	115	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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118	118	Section 1. The facts stated in the preamble to this act 77
119	119	are found and declared to be true. 78
120	120	Section 2. The South Broward Hospital District is 79
121	121	authorized and directed to appropriate from funds not otherwise 80
122	122	encumbered and to draw a warrant in the sum of $795,000 payable 81
123	123	to Latricia and Jerald Mitchell, individually and as legal 82
124	124	guardians of Jamiyah Mitchell, as compensation for injuries and 83
125	125	damages sustained. 84
126	126	Section 3. The amount paid by the South Broward Hospital 85
127	127	District pursuant to s. 768.28, Florida Statutes, and the amount 86
128	128	awarded under this act are intended to provide the sole 87
129	129	compensation for all present and future claims arising out of 88
130	130	the factual situation des cribed in this act which resulted in 89
131	131	injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 90
132	132	Jerald Mitchell. The total amount paid for attorney fees 91
133	133	relating to this claim may not exceed 25 percent of the amount 92
134	134	awarded under this act. 93
135	135	Section 4. This act shall take effect upon becoming a law. 94