Florida 2025 Regular Session

Florida House Bill H6523 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 Darline Angervil and J.R., a 2
14	14	minor, by the South Broward Hospital District; 3
15	15	providing an appropriation to compensate Darline 4
16	16	Angervil, individually and as parent and natural 5
17	17	guardian of J.R., for injuries and damages sustained 6
18	18	as a result of negligence of the South Broward 7
19	19	Hospital District; providing a limitation on 8
20	20	compensation and the payment of attorney fees; 9
21	21	providing an effective da te. 10
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23	23	WHEREAS, on the afternoon of January 14, 2014, Darline 12
24	24	Angervil, then known as Darline Rocher, was admitted to Memorial 13
25	25	Hospital West, operated by the South Broward Hospital District, 14
26	26	when she was 30.3 weeks pregnant, with complaints of decreased 15
27	27	fetal movement, pregnancy -induced hypertension, and headaches, 16
28	28	and 17
29	29	WHEREAS, due to Ms. Angervil's presenting conditions and 18
30	30	complaints, Dr. Emil Abdalla, Ms. Angervil's obstetrician, 19
31	31	ordered continuous monitoring of the fetal heart rate and rhythm 20
32	32	and entered an order that Ms. Angervil's vital signs be taken at 21
33	33	least every 2 hours, and 22
34	34	WHEREAS, Ms. Angervil's vital sign flowsheets showed 23
35	35	elevated blood pressure levels throughout the afternoon and 24
36	36	evening hours of January 14, including a systolic blood pr essure 25 
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47	47	of 160 mm Hg or higher on at least two occasions at least 4 26
48	48	hours apart while resting in bed, indicating preeclampsia with 27
49	49	severe features, and 28
50	50	WHEREAS, the only way to treat preeclampsia is to deliver 29
51	51	the baby, and, therefore, the patient and baby must be monitored 30
52	52	regularly until it is safe and prudent to deliver, and 31
53	53	WHEREAS, at 2 a.m. on January 15, due to the diagnosis of 32
54	54	preeclampsia, magnesium sulfate was ordered for neuroprotection, 33
55	55	which also secondarily stabilized Ms. Angervil's blood pre ssure, 34
56	56	and 35
57	57	WHEREAS, Ms. Angervil's medical records for January 15 36
58	58	include complaints of headache and the results from a 24 -hour 37
59	59	urine protein analysis showing 743 mg, both of which are 38
60	60	consistent with preeclampsia, and 39
61	61	WHEREAS, at 9:34 a.m. on January 16 , an order was entered 40
62	62	to discontinue the magnesium sulfate, and, shortly thereafter, 41
63	63	Ms. Angervil's blood pressure began to rise, and 42
64	64	WHEREAS, Ms. Angervil continued to complain of headache 43
65	65	during the day shift on January 16, including a 4:01 p.m. 44
66	66	complaint of a headache that she rated 7 out of 10 on the 45
67	67	severity scale, and, at 5:30 p.m., Ms. Angervil's vital sign 46
68	68	flowsheets began to show abnormal blood pressure readings, and 47
69	69	WHEREAS, at 7 p.m. on January 16, Ms. Melanie Wells, a 48
70	70	nurse employed by the So uth Broward Hospital District in the 49
71	71	Labor and Delivery Department at Memorial Hospital West, began 50 
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82	82	her shift and was assigned to Ms. Angervil, who continued to 51
83	83	complain of headache, and 52
84	84	WHEREAS, at approximately 8:25 p.m. on January 16, as Ms. 53
85	85	Angervil continued to complain of headache at shift change, 54
86	86	maintained consecutive abnormal blood pressure readings, and had 55
87	87	an electronic fetal monitoring strip showing a prolonged 56
88	88	deceleration some 9 minutes earlier, Ms. Wells contacted Dr. 57
89	89	Abdalla to request an o rder to remove the continuous electronic 58
90	90	fetal monitor, and 59
91	91	WHEREAS, at 8:27 p.m., Dr. Abdalla entered the order to 60
92	92	remove the continuous electronic fetal monitor, and Ms. Angervil 61
93	93	continued to have consecutive abnormal blood pressure readings 62
94	94	at 8:29, 9:07, 9:24, and 10:33 p.m.; however, Ms. Wells did not 63
95	95	replace the electronic fetal monitor on Ms. Angervil, and 64
96	96	WHEREAS, shortly before 2:24 a.m. on January 17, Ms. 65
97	97	Angervil contacted her nurse, complaining of headache, chest 66
98	98	pain, and difficulty breathing , at which time Ms. Wells 67
99	99	initiated oxygen and checked Ms. Angervil's vital signs, and 68
100	100	WHEREAS, at 2:26 a.m., Ms. Angervil's blood pressure 69
101	101	reading was dangerously high, a second blood pressure reading at 70
102	102	2:28 a.m. confirmed a hypertensive crisis, and add itional 71
103	103	consecutive extremely high blood pressure readings were recorded 72
104	104	at 2:32, 2:37, and 2:40 a.m., and 73
105	105	WHEREAS, at 2:43 a.m., 17 minutes after the initial spike 74
106	106	in blood pressure, and with no record of performance of any 75 
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117	117	fetal assessment, Ms. Wells co ntacted Dr. Abdalla, and, at 2:50 76
118	118	a.m., Dr. Abdalla ordered the administration of hydralazine to 77
119	119	lower Ms. Angervil's blood pressure, at which time Ms. Wells 78
120	120	attempted to find fetal heart tones but was unable to do so, and 79
121	121	WHEREAS, due to the difficulty in finding fetal heart 80
122	122	tones, at 2:54 a.m., the nurse manager contacted another 81
123	123	obstetrician who was working on the floor to assist in detecting 82
124	124	fetal heart tones with an ultrasound machine, and, at 2:56 a.m., 83
125	125	critically low heart tones were visualized, re sulting in the 84
126	126	need for an emergency cesarean section, and 85
127	127	WHEREAS, at 2:59 a.m., Ms. Wells contacted Dr. Abdalla to 86
128	128	address the difficulty in finding fetal heart tones, at which 87
129	129	time Dr. Abdalla advised he was on his way to the hospital to 88
130	130	perform an emergency cesarean section, and medical records 89
131	131	reflect that the cesarean section began at 3:05 a.m., with 90
132	132	delivery at 3:17 a.m. by Dr. Abdalla, and 91
133	133	WHEREAS, the delivery note completed by Ms. Wells 92
134	134	documented delivery at 3:17 a.m. of a 2 pound, 5.2 ounce fe male, 93
135	135	J.R., with an Apgar score of 0 -1-3, who at delivery was noted to 94
136	136	be flaccid, cyanotic, apneic, and asystolic, essentially 95
137	137	lifeless, and 96
138	138	WHEREAS, neonatal resuscitation was led by ARNP Donna 97
139	139	Durham, a blue alert code was called at 3:19 a.m., and Ms. 98
140	140	Durham initiated chest compressions with bag mask ventilation, 99
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152	152	WHEREAS, J.R.'s birth record, resuscitation, and subsequent 101
153	153	course of NICU treatment are entirely consistent with a hypoxic 102
154	154	injury around the time of delivery, and her medical records are 103
155	155	replete with discussions of her "birth -related hypoxia," and 104
156	156	WHEREAS, J.R.'s treating physicians provided assessment 105
157	157	notes describing the profound nature of J.R.'s catastrophic 106
158	158	injuries and constant needs, including mixed quadriparetic 107
159	159	cerebral palsy related to hypoxic ischemic encephalopathy, 108
160	160	global profound developmental delay, periventricular 109
161	161	leukomalacia, constipation, dysphagia, failure to thrive, 110
162	162	gastrostomy tube placement, seizure disorder, esophagitis, 111
163	163	dystonia and dyskinesias, and impairment of mo bility and 112
164	164	impairment of communication and cognition, resulting in her need 113
165	165	for nursing care 24 hours a day, and 114
166	166	WHEREAS, on March 7, 2016, Ms. Angervil, individually and 115
167	167	as parent and natural guardian of J.R., a minor, filed a legal 116
168	168	action in the Circuit Court of the Seventeenth Judicial Circuit, 117
169	169	in and for Broward County, Case No. 2016 -CA-4209, against the 118
170	170	South Broward Hospital District, Dr. Abdalla and his employer, 119
171	171	and neonatologist Dr. Vicki Johnston and her ARNP and their 120
172	172	employer, alleging, in part , negligence of the district in 121
173	173	failing to meet the standard of care for the monitoring, the 122
174	174	evaluation of both Ms. Angervil and J.R., and the timely 123
175	175	notification of medical specialists regarding the change in Ms. 124
176	176	Angervil's medical condition, and 125 
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187	187	WHEREAS, Ms. Angervil and the South Broward Hospital 126
188	188	District agreed to a consent judgment entered into on or about 127
189	189	October 19, 2023, for $6.4 million, in which the district agreed 128
190	190	to pay Ms. Angervil $300,000 pursuant to the statutory limit 129
191	191	imposed under s. 768. 28, Florida Statutes, leaving a balance of 130
192	192	$6.1 million, and 131
193	193	WHEREAS, the South Broward Hospital District has agreed to 132
194	194	support this claim bill for the remaining $6.1 million, NOW, 133
195	195	THEREFORE, 134
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197	197	Be It Enacted by the Legislature of the State of Florida: 136
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199	199	Section 1. The facts stated in the preamble to this act 138
200	200	are found and declared to be true. 139
201	201	Section 2. The South Broward Hospital District is 140
202	202	authorized and directed to appropriate from funds not otherwise 141
203	203	encumbered and to draw a warrant in the sum of $6.1 million 142
204	204	payable to Darline Angervil as compensation for injuries and 143
205	205	damages sustained. 144
206	206	Section 3. The amount paid by the South Broward Hospital 145
207	207	District pursuant to s. 768.28, Florida Statutes, and the amount 146
208	208	awarded under this act are intende d to provide the sole 147
209	209	compensation for all present and future claims arising out of 148
210	210	the factual situation described in this act which resulted in 149
211	211	injuries and damages to Darline Angervil, individually and as 150 
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220	220	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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222	222	parent and natural guardian of J.R. The total am ount paid for 151
223	223	attorney fees relating to this claim may not exceed 25 percent 152
224	224	of the total amount awarded under this act. 153
225	225	Section 4. This act shall take effect upon becoming a law. 154