CS/HB 6015 2023
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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 Jamiyah Mitchell for injuries and damages 5
sustained as a result of the negligence of the South 6
Broward Hospital District; providing a limitation on 7
the payment of compensation and attorney fees, 8
lobbying fees, and other similar expenses; providi ng 9
an effective date. 10
11
WHEREAS, on October 8, 2008, Latricia Mitchell, who was 12
pregnant, went to Memorial Hospital West, operated by the South 13
Broward Hospital District, with pain, vaginal bleeding, and 14
contractions, and 15
WHEREAS, fetal monitoring tra cings, which began at 4:33 16
p.m., reflected a fetal tachycardia, minimal fetal heart rate 17
variability, and the absence of accelerations, and 18
WHEREAS, at approximately 5:54 p.m., Mrs. Mitchell was 19
admitted to Memorial Hospital West, and 20
WHEREAS, medical records reflect that, at 6:29 p.m., 21
continued fetal tachycardia, minimal fetal heart rate 22
variability, the absence of accelerations, and variable 23
decelerations were present, and 24
WHEREAS, the minimal variability and absence of 25
CS/HB 6015 2023
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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
acceleration observations conti nued until approximately 8:44 26
p.m., when Jamiyah Mitchell was finally delivered by caesarean 27
section, and 28
WHEREAS, the hospital's records indicate that the caesarean 29
section was performed due to a nonreassuring fetal heart rate, 30
and 31
WHEREAS, upon Jamiyah 's birth, there was a presence of 32
meconium-stained fluids, a sign of fetal asphyxiation, and her 33
Apgar score was 3 out of 10, and 34
WHEREAS, Jamiyah suffered a left hemisphere stroke, began 35
having seizures immediately at birth, and was cared for in the 36
neonatal intensive care unit for 7 days after her birth for 37
respiratory distress and seizure activity, and 38
WHEREAS, Jamiyah was also diagnosed with fetal hypoxic -39
ischemic encephalopathy, and magnetic resonance imaging of her 40
brain at 4 days old showed objecti ve findings of a stroke in the 41
left hemisphere of the brain and a hemorrhage of the occipital 42
horn of the right lateral ventricle, and 43
WHEREAS, Jamiyah is now a teenager and while she is able to 44
walk and function in most aspects of everyday life in a mann er 45
typical for an average girl her age, she suffers from attention -46
deficit/hyperactivity disorder and has a learning disability, 47
and 48
WHEREAS, on or about October 10, 2013, Mrs. Mitchell and 49
Jerald Mitchell, Mrs. Mitchell's spouse and Jamiyah's father, 50
CS/HB 6015 2023
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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
individually and on behalf of Jamiyah, filed a legal action in 51
the Circuit Court of the 17th Judicial Circuit, in and for 52
Broward County, Case No. 14 -005044, against the South Broward 53
Hospital District and other parties, alleging, in part, 54
negligence of the district in failing to establish adequate 55
protocols and procedures for the admission, monitoring, 56
evaluation, testing, and referral to medical specialists of 57
mothers presenting with risk factors for fetal distress, 58
including timely caesarean section and app ropriate oxygenation 59
and ventilation, and 60
WHEREAS, on or about July 3, 2019, Mr. and Mrs. Mitchell, 61
individually and as legal guardians of Jamiyah, and the South 62
Broward Hospital District entered into a settlement agreement, 63
and 64
WHEREAS, the settlement a greement provides for the payment 65
of $200,000 by the South Broward Hospital District to Mr. and 66
Mrs. Mitchell, individually and as legal guardians of Jamiyah, 67
pursuant to the statutory limit under s. 768.28, Florida 68
Statutes; the entry of a consent judgmen t in the amount of 69
$995,000 which limits execution to $795,000; and the South 70
Broward Hospital District's agreement that it supports a claim 71
bill in the amount of $795,000, NOW, THEREFORE, 72
73
Be It Enacted by the Legislature of the State of Florida: 74
75
CS/HB 6015 2023
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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
Section 1. The facts stated in the preamble to this act 76
are 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, Trustee of the Special Needs Trust for the 81
Benefit of Jamiyah Mitchell. 82
Section 3. The amount paid by the South Broward Hospital 83
District pursuant to s. 768.28, Florida Statutes, and the amount 84
awarded under this act ar e intended to provide the sole 85
compensation for all present and future claims arising out of 86
the factual situation described in this act which resulted in 87
injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 88
Jerald Mitchell. Of the amount award ed under this act, the total 89
amount paid for attorney fees may not exceed $143,100, the total 90
amount paid for lobbying fees may not exceed $55,650, and the 91
total amount for costs and other similar expenses may not exceed 92
$35,240.66. 93
Section 4. This act shall take effect upon becoming a law. 94