FL
Florida House Bill H6015

Florida 2023 Regular Session

Florida House Bill H6015 Compare Versions

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1010 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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1212 A bill to be entitled 1
1313 An act for the relief of Jamiyah Mitchell, Latricia 2
1414 Mitchell, and Jerald Mitchell by the South Broward 3
1515 Hospital District; providing an appropriation to 4
16-compensate Jamiyah Mitchell for injuries and damages 5
17-sustained as a result of the negligence of the South 6
18-Broward Hospital District; providing a limitation on 7
19-the payment of compensation and attorney fees, 8
20-lobbying fees, and other similar expenses; providi ng 9
21-an effective date. 10
22- 11
23- WHEREAS, on October 8, 2008, Latricia Mitchell, who was 12
24-pregnant, went to Memorial Hospital West, operated by the South 13
25-Broward Hospital District, with pain, vaginal bleeding, and 14
26-contractions, and 15
27- WHEREAS, fetal monitoring tra cings, which began at 4:33 16
28-p.m., reflected a fetal tachycardia, minimal fetal heart rate 17
29-variability, and the absence of accelerations, and 18
30- WHEREAS, at approximately 5:54 p.m., Mrs. Mitchell was 19
31-admitted to Memorial Hospital West, and 20
32- WHEREAS, medical records reflect that, at 6:29 p.m., 21
33-continued fetal tachycardia, minimal fetal heart rate 22
34-variability, the absence of accelerations, and variable 23
35-decelerations were present, and 24
36- WHEREAS, the minimal variability and absence of 25 
16+compensate Latricia Mitchell and Jerald Mitchell, 5
17+individually and as legal guardians of Jamiyah 6
18+Mitchell, for injuries and damages sustained as a 7
19+result of the negligence of the South Broward Hospital 8
20+District; providing a limitation on the payment of 9
21+compensation and attorney fees; providing an effective 10
22+date. 11
23+ 12
24+ WHEREAS, on October 8, 2008, Latricia Mitchell, who was 13
25+pregnant, went to Memorial Hospital West, operated by the South 14
26+Broward Hospital District, with pain, vaginal bleeding, and 15
27+contractions, and 16
28+ WHEREAS, fetal monitoring tracings, which began at 4:33 17
29+p.m., reflected a fetal tachycardia, minimal fetal heart rate 18
30+variability, and the absence of accelerations, and 19
31+ WHEREAS, at approximately 5:54 p.m., Mrs. Mitchell was 20
32+admitted to Memorial Hos pital West, and 21
33+ WHEREAS, medical records reflect that, at 6:29 p.m., 22
34+continued fetal tachycardia, minimal fetal heart rate 23
35+variability, the absence of accelerations, and variable 24
36+decelerations were present, and 25 
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4545 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-acceleration observations conti nued until approximately 8:44 26
48-p.m., when Jamiyah Mitchell was finally delivered by caesarean 27
49-section, and 28
50- WHEREAS, the hospital's records indicate that the caesarean 29
51-section was performed due to a nonreassuring fetal heart rate, 30
52-and 31
53- WHEREAS, upon Jamiyah 's birth, there was a presence of 32
54-meconium-stained fluids, a sign of fetal asphyxiation, and her 33
55-Apgar score was 3 out of 10, and 34
56- WHEREAS, Jamiyah suffered a left hemisphere stroke, began 35
57-having seizures immediately at birth, and was cared for in the 36
58-neonatal intensive care unit for 7 days after her birth for 37
59-respiratory distress and seizure activity, and 38
60- WHEREAS, Jamiyah was also diagnosed with fetal hypoxic -39
61-ischemic encephalopathy, and magnetic resonance imaging of her 40
62-brain at 4 days old showed objecti ve findings of a stroke in the 41
63-left hemisphere of the brain and a hemorrhage of the occipital 42
64-horn of the right lateral ventricle, and 43
65- WHEREAS, Jamiyah is now a teenager and while she is able to 44
66-walk and function in most aspects of everyday life in a mann er 45
67-typical for an average girl her age, she suffers from attention -46
68-deficit/hyperactivity disorder and has a learning disability, 47
69-and 48
70- WHEREAS, on or about October 10, 2013, Mrs. Mitchell and 49
71-Jerald Mitchell, Mrs. Mitchell's spouse and Jamiyah's father, 50 
47+ WHEREAS, the minimal variability and absenc e of 26
48+acceleration observations continued until approximately 8:44 27
49+p.m., when Jamiyah Mitchell was finally delivered by caesarean 28
50+section, and 29
51+ WHEREAS, the hospital's records indicate that the caesarean 30
52+section was performed due to a nonreassuring fetal he art rate, 31
53+and 32
54+ WHEREAS, upon Jamiyah's birth, there was a presence of 33
55+meconium-stained fluids, a sign of fetal asphyxiation, and her 34
56+Apgar score was 3 out of 10, and 35
57+ WHEREAS, Jamiyah suffered a left hemisphere stroke, began 36
58+having seizures immediately at birth, and was cared for in the 37
59+neonatal intensive care unit for 7 days after her birth for 38
60+respiratory distress and seizure activity, and 39
61+ WHEREAS, Jamiyah was also diagnosed with fetal hypoxic -40
62+ischemic encephalopathy, and magnetic resonance imaging of he r 41
63+brain at 4 days old showed objective findings of a stroke in the 42
64+left hemisphere of the brain and a hemorrhage of the occipital 43
65+horn of the right lateral ventricle, and 44
66+ WHEREAS, Jamiyah is now a teenager and while she is able to 45
67+walk and function in mos t aspects of everyday life in a manner 46
68+typical for an average girl her age, she suffers from attention -47
69+deficit/hyperactivity disorder and has a learning disability, 48
70+and 49
71+ WHEREAS, on or about October 10, 2013, Mrs. Mitchell and 50 
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8080 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
8181
82-individually and on behalf of Jamiyah, filed a legal action in 51
83-the Circuit Court of the 17th Judicial Circuit, in and for 52
84-Broward County, Case No. 14 -005044, against the South Broward 53
85-Hospital District and other parties, alleging, in part, 54
86-negligence of the district in failing to establish adequate 55
87-protocols and procedures for the admission, monitoring, 56
88-evaluation, testing, and referral to medical specialists of 57
89-mothers presenting with risk factors for fetal distress, 58
90-including timely caesarean section and app ropriate oxygenation 59
91-and ventilation, and 60
92- WHEREAS, on or about July 3, 2019, Mr. and Mrs. Mitchell, 61
93-individually and as legal guardians of Jamiyah, and the South 62
94-Broward Hospital District entered into a settlement agreement, 63
95-and 64
96- WHEREAS, the settlement a greement provides for the payment 65
97-of $200,000 by the South Broward Hospital District to Mr. and 66
98-Mrs. Mitchell, individually and as legal guardians of Jamiyah, 67
99-pursuant to the statutory limit under s. 768.28, Florida 68
100-Statutes; the entry of a consent judgmen t in the amount of 69
101-$995,000 which limits execution to $795,000; and the South 70
102-Broward Hospital District's agreement that it supports a claim 71
103-bill in the amount of $795,000, NOW, THEREFORE, 72
104- 73
105-Be It Enacted by the Legislature of the State of Florida: 74
106- 75 
82+Jerald Mitchell, Mrs. Mitchel l's spouse and Jamiyah's father, 51
83+individually and on behalf of Jamiyah, filed a legal action in 52
84+the Circuit Court of the 17th Judicial Circuit, in and for 53
85+Broward County, Case No. 14 -005044, against the South Broward 54
86+Hospital District and other parties, al leging, in part, 55
87+negligence of the district in failing to establish adequate 56
88+protocols and procedures for the admission, monitoring, 57
89+evaluation, testing, and referral to medical specialists of 58
90+mothers presenting with risk factors for fetal distress, 59
91+including timely caesarean section and appropriate oxygenation 60
92+and ventilation, and 61
93+ WHEREAS, on or about July 3, 2019, Mr. and Mrs. Mitchell, 62
94+individually and as legal guardians of Jamiyah, and the South 63
95+Broward Hospital District entered into a settlement agree ment, 64
96+and 65
97+ WHEREAS, the settlement agreement provides for the payment 66
98+of $200,000 by the South Broward Hospital District to Mr. and 67
99+Mrs. Mitchell, individually and as legal guardians of Jamiyah, 68
100+pursuant to the statutory limit under s. 768.28, Florida 69
101+Statutes; the entry of a consent judgment in the amount of 70
102+$995,000 which limits execution to $795,000; and the South 71
103+Broward Hospital District's agreement that it supports a claim 72
104+bill in the amount of $795,000, NOW, THEREFORE, 73
105+ 74
106+Be It Enacted by the Legisla ture of the State of Florida: 75 
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115115 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
116116
117- Section 1. The facts stated in the preamble to this act 76
118-are found and declared to be true. 77
119- Section 2. The South Broward Hospital District is 78
120-authorized and directed to appropriate from funds not otherwise 79
121-encumbered and to draw a warrant in the sum of $795,000 payable 80
122-to Mikel Taft, Trustee of the Special Needs Trust for the 81
123-Benefit of Jamiyah Mitchell. 82
124- Section 3. The amount paid by the South Broward Hospital 83
125-District pursuant to s. 768.28, Florida Statutes, and the amount 84
126-awarded under this act ar e intended to provide the sole 85
127-compensation for all present and future claims arising out of 86
128-the factual situation described in this act which resulted in 87
129-injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 88
130-Jerald Mitchell. Of the amount award ed under this act, the total 89
131-amount paid for attorney fees may not exceed $143,100, the total 90
132-amount paid for lobbying fees may not exceed $55,650, and the 91
133-total amount for costs and other similar expenses may not exceed 92
134-$35,240.66. 93
117+ 76
118+ Section 1. The facts stated in the preamble to this act 77
119+are found and declared to be true. 78
120+ Section 2. The South Broward Hospital District is 79
121+authorized and directed to appropriate from funds not otherwise 80
122+encumbered and to draw a warrant in the sum of $795,000 payable 81
123+to Latricia Mitchell and Jerald Mitchell, individually and as 82
124+legal guardians of Jamiyah Mitchell, as compensation for 83
125+injuries and damages sustained. 84
126+ Section 3. The amount paid by the South Broward Hospital 85
127+District pursuant to s. 768.28, Florida Statutes, and the amount 86
128+awarded under this act are intended to provide the sole 87
129+compensation for all present and future claims arising out of 88
130+the factual situation described in this act which resulted in 89
131+injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 90
132+Jerald Mitchell. The total amount paid for attorney fees 91
133+relating to this claim may not exceed 25 percent of the amount 92
134+awarded under this act. 93
135135 Section 4. This act shall take effect upon becoming a law. 94