HB 6523 2025
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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 Darline Angervil and J.R., a 2
minor, by the South Broward Hospital District; 3
providing an appropriation to compensate Darline 4
Angervil, individually and as parent and natural 5
guardian of J.R., for injuries and damages sustained 6
as a result of negligence of the South Broward 7
Hospital District; providing a limitation on 8
compensation and the payment of attorney fees; 9
providing an effective da te. 10
11
WHEREAS, on the afternoon of January 14, 2014, Darline 12
Angervil, then known as Darline Rocher, was admitted to Memorial 13
Hospital West, operated by the South Broward Hospital District, 14
when she was 30.3 weeks pregnant, with complaints of decreased 15
fetal movement, pregnancy -induced hypertension, and headaches, 16
and 17
WHEREAS, due to Ms. Angervil's presenting conditions and 18
complaints, Dr. Emil Abdalla, Ms. Angervil's obstetrician, 19
ordered continuous monitoring of the fetal heart rate and rhythm 20
and entered an order that Ms. Angervil's vital signs be taken at 21
least every 2 hours, and 22
WHEREAS, Ms. Angervil's vital sign flowsheets showed 23
elevated blood pressure levels throughout the afternoon and 24
evening hours of January 14, including a systolic blood pr essure 25
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of 160 mm Hg or higher on at least two occasions at least 4 26
hours apart while resting in bed, indicating preeclampsia with 27
severe features, and 28
WHEREAS, the only way to treat preeclampsia is to deliver 29
the baby, and, therefore, the patient and baby must be monitored 30
regularly until it is safe and prudent to deliver, and 31
WHEREAS, at 2 a.m. on January 15, due to the diagnosis of 32
preeclampsia, magnesium sulfate was ordered for neuroprotection, 33
which also secondarily stabilized Ms. Angervil's blood pre ssure, 34
and 35
WHEREAS, Ms. Angervil's medical records for January 15 36
include complaints of headache and the results from a 24 -hour 37
urine protein analysis showing 743 mg, both of which are 38
consistent with preeclampsia, and 39
WHEREAS, at 9:34 a.m. on January 16 , an order was entered 40
to discontinue the magnesium sulfate, and, shortly thereafter, 41
Ms. Angervil's blood pressure began to rise, and 42
WHEREAS, Ms. Angervil continued to complain of headache 43
during the day shift on January 16, including a 4:01 p.m. 44
complaint of a headache that she rated 7 out of 10 on the 45
severity scale, and, at 5:30 p.m., Ms. Angervil's vital sign 46
flowsheets began to show abnormal blood pressure readings, and 47
WHEREAS, at 7 p.m. on January 16, Ms. Melanie Wells, a 48
nurse employed by the So uth Broward Hospital District in the 49
Labor and Delivery Department at Memorial Hospital West, began 50
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her shift and was assigned to Ms. Angervil, who continued to 51
complain of headache, and 52
WHEREAS, at approximately 8:25 p.m. on January 16, as Ms. 53
Angervil continued to complain of headache at shift change, 54
maintained consecutive abnormal blood pressure readings, and had 55
an electronic fetal monitoring strip showing a prolonged 56
deceleration some 9 minutes earlier, Ms. Wells contacted Dr. 57
Abdalla to request an o rder to remove the continuous electronic 58
fetal monitor, and 59
WHEREAS, at 8:27 p.m., Dr. Abdalla entered the order to 60
remove the continuous electronic fetal monitor, and Ms. Angervil 61
continued to have consecutive abnormal blood pressure readings 62
at 8:29, 9:07, 9:24, and 10:33 p.m.; however, Ms. Wells did not 63
replace the electronic fetal monitor on Ms. Angervil, and 64
WHEREAS, shortly before 2:24 a.m. on January 17, Ms. 65
Angervil contacted her nurse, complaining of headache, chest 66
pain, and difficulty breathing , at which time Ms. Wells 67
initiated oxygen and checked Ms. Angervil's vital signs, and 68
WHEREAS, at 2:26 a.m., Ms. Angervil's blood pressure 69
reading was dangerously high, a second blood pressure reading at 70
2:28 a.m. confirmed a hypertensive crisis, and add itional 71
consecutive extremely high blood pressure readings were recorded 72
at 2:32, 2:37, and 2:40 a.m., and 73
WHEREAS, at 2:43 a.m., 17 minutes after the initial spike 74
in blood pressure, and with no record of performance of any 75
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fetal assessment, Ms. Wells co ntacted Dr. Abdalla, and, at 2:50 76
a.m., Dr. Abdalla ordered the administration of hydralazine to 77
lower Ms. Angervil's blood pressure, at which time Ms. Wells 78
attempted to find fetal heart tones but was unable to do so, and 79
WHEREAS, due to the difficulty in finding fetal heart 80
tones, at 2:54 a.m., the nurse manager contacted another 81
obstetrician who was working on the floor to assist in detecting 82
fetal heart tones with an ultrasound machine, and, at 2:56 a.m., 83
critically low heart tones were visualized, re sulting in the 84
need for an emergency cesarean section, and 85
WHEREAS, at 2:59 a.m., Ms. Wells contacted Dr. Abdalla to 86
address the difficulty in finding fetal heart tones, at which 87
time Dr. Abdalla advised he was on his way to the hospital to 88
perform an emergency cesarean section, and medical records 89
reflect that the cesarean section began at 3:05 a.m., with 90
delivery at 3:17 a.m. by Dr. Abdalla, and 91
WHEREAS, the delivery note completed by Ms. Wells 92
documented delivery at 3:17 a.m. of a 2 pound, 5.2 ounce fe male, 93
J.R., with an Apgar score of 0 -1-3, who at delivery was noted to 94
be flaccid, cyanotic, apneic, and asystolic, essentially 95
lifeless, and 96
WHEREAS, neonatal resuscitation was led by ARNP Donna 97
Durham, a blue alert code was called at 3:19 a.m., and Ms. 98
Durham initiated chest compressions with bag mask ventilation, 99
and 100
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WHEREAS, J.R.'s birth record, resuscitation, and subsequent 101
course of NICU treatment are entirely consistent with a hypoxic 102
injury around the time of delivery, and her medical records are 103
replete with discussions of her "birth -related hypoxia," and 104
WHEREAS, J.R.'s treating physicians provided assessment 105
notes describing the profound nature of J.R.'s catastrophic 106
injuries and constant needs, including mixed quadriparetic 107
cerebral palsy related to hypoxic ischemic encephalopathy, 108
global profound developmental delay, periventricular 109
leukomalacia, constipation, dysphagia, failure to thrive, 110
gastrostomy tube placement, seizure disorder, esophagitis, 111
dystonia and dyskinesias, and impairment of mo bility and 112
impairment of communication and cognition, resulting in her need 113
for nursing care 24 hours a day, and 114
WHEREAS, on March 7, 2016, Ms. Angervil, individually and 115
as parent and natural guardian of J.R., a minor, filed a legal 116
action in the Circuit Court of the Seventeenth Judicial Circuit, 117
in and for Broward County, Case No. 2016 -CA-4209, against the 118
South Broward Hospital District, Dr. Abdalla and his employer, 119
and neonatologist Dr. Vicki Johnston and her ARNP and their 120
employer, alleging, in part , negligence of the district in 121
failing to meet the standard of care for the monitoring, the 122
evaluation of both Ms. Angervil and J.R., and the timely 123
notification of medical specialists regarding the change in Ms. 124
Angervil's medical condition, and 125
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WHEREAS, Ms. Angervil and the South Broward Hospital 126
District agreed to a consent judgment entered into on or about 127
October 19, 2023, for $6.4 million, in which the district agreed 128
to pay Ms. Angervil $300,000 pursuant to the statutory limit 129
imposed under s. 768. 28, Florida Statutes, leaving a balance of 130
$6.1 million, and 131
WHEREAS, the South Broward Hospital District has agreed to 132
support this claim bill for the remaining $6.1 million, NOW, 133
THEREFORE, 134
135
Be It Enacted by the Legislature of the State of Florida: 136
137
Section 1. The facts stated in the preamble to this act 138
are found and declared to be true. 139
Section 2. The South Broward Hospital District is 140
authorized and directed to appropriate from funds not otherwise 141
encumbered and to draw a warrant in the sum of $6.1 million 142
payable to Darline Angervil as compensation for injuries and 143
damages sustained. 144
Section 3. The amount paid by the South Broward Hospital 145
District pursuant to s. 768.28, Florida Statutes, and the amount 146
awarded under this act are intende d to provide the sole 147
compensation for all present and future claims arising out of 148
the factual situation described in this act which resulted in 149
injuries and damages to Darline Angervil, individually and as 150
HB 6523 2025
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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
parent and natural guardian of J.R. The total am ount paid for 151
attorney fees relating to this claim may not exceed 25 percent 152
of the total amount awarded under this act. 153
Section 4. This act shall take effect upon becoming a law. 154