HB 6519 2022
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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
A bill to be entitled 1
An act for the relief of Jamiyah Mitchell, Latricia 2
Mitchell, and Jerald Mitchell by the South Broward 3
Hospital District; providing an appropriation to 4
compensate Latricia Mitchell and Jerald Mitchell, 5
individually and as legal guardians of Jamiyah 6
Mitchell, for injuries and damages sustained as a 7
result of the negligence of the South Broward Hospital 8
District; providing a limitation on the payment of 9
compensation and attorney fees; providing an effective 10
date. 11
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., Latricia 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
HB 6519 2022
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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
WHEREAS, the minimal variability and ab sence 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 feta l 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 o f 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, today, Jamiyah is 12 years old and, while she is 45
able to walk and funct ion in most aspects of everyday life for 46
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, Latricia Mitchell 50
HB 6519 2022
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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
and Jerald Mitchell, Latricia Mitchell' s spouse and Jamiyah's 51
father, individually and on behalf of Jamiyah Mitchell, filed a 52
legal action in the Circuit Court of the 17th Judicial Circuit, 53
in and for Broward County, Case No. 14 -005044, against the South 54
Broward Hospital District and other part ies, 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, Latricia and Jerald 62
Mitchell, individually and as legal guardians of Jamiyah 63
Mitchell, and the South Broward Hospital District entered into a 64
settlement agreement, and 65
WHEREAS, the settlement agreement provides for the payment 66
of $200,000 by the South Broward Hospital District to Latricia 67
and Jerald Mitchell, individually and as legal guardians of 68
Jamiyah Mitchell, pursuant to the statut ory limit under s. 69
768.28, Florida Statutes; the entry of a consent judgment in the 70
amount of $995,000 which limits execution to $795,000; and the 71
South Broward Hospital District's agreement that it supports a 72
claim bill in the amount of $795,000, NOW, THE REFORE, 73
74
Be It Enacted by the Legislature of the State of Florida: 75
HB 6519 2022
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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
76
Section 1. The facts stated in the preamble to this act 77
are found and declared to be true. 78
Section 2. The South Broward Hospital District is 79
authorized and directed to appropriate from funds not otherwise 80
encumbered and to draw a warrant in the sum of $795,000 payable 81
to Latricia and Jerald Mitchell, individually and as legal 82
guardians of Jamiyah Mitchell, as compensation for injuries and 83
damages sustained. 84
Section 3. The amount paid by the South Broward Hospital 85
District pursuant to s. 768.28, Florida Statutes, and the amount 86
awarded under this act are intended to provide the sole 87
compensation for all present and future claims arising out of 88
the factual situation des cribed in this act which resulted in 89
injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 90
Jerald Mitchell. The total amount paid for attorney fees 91
relating to this claim may not exceed 25 percent of the amount 92
awarded under this act. 93
Section 4. This act shall take effect upon becoming a law. 94