Bill Text: FL H0603 | 2011 | Regular Session | Introduced

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Bill Title: Relief/Yvonne Morton/Department of Health

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H0603 Detail]

Download: Florida-2011-H0603-Introduced.html

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HB 603

1	A bill to be entitled
2	An act for the relief of Yvonne Morton; providing an
3	appropriation to compensate her for injuries and damages
4	sustained as a result of the negligence of the Department
5	of Health; providing a limitation on the payment of fees
6	and costs; providing an effective date.
7
8	WHEREAS, on January 2, 2007, Yvonne Morton was driving her
9	automobile on Pinellas Avenue South in Tarpon Springs, Pinellas
10	County, when she was struck by William Herbert, a pharmacy
11	inspector for the Division of Medical Quality Assurance in the
12	Department of Health. Mr. Herbert was driving an automobile
13	owned by the Department of Health in the course and scope of his
14	employment, and
15	WHEREAS, Mr. Herbert failed to yield at a stop sign and
16	pulled out in front of Ms. Morton's vehicle, causing a
17	substantial collision. Mr. Herbert was issued a traffic citation
18	for failure to yield at a stop sign and violating Ms. Morton's
19	right of way, and
20	WHEREAS, Ms. Morton was transported by air to the Bayfront
21	Medical Center in St. Petersburg and remained a patient at
22	Bayfront until January 31, 2007. Ms. Morton, who was 85 years
23	old at the time of the collision, was determined to have
24	sustained multiple injuries, including multiple fractured ribs,
25	a scalp hematoma, and neck injuries later diagnosed as central
26	cord syndrome. During her hospital stay, her neurosurgeon, David
27	M. McKalip, M.D., performed surgery on her neck. During the
28	surgical procedure, described as a C5-C6 lateral mass
29	instrumentation and fusion, metal hardware, including screws,
30	rods, and a crosslink, were implanted, and
31	WHEREAS, upon discharge, Ms. Morton was transported by
32	ambulance to Manor Care of Palm Harbor, a nursing facility in
33	Palm Harbor, Florida. Ms. Morton resided at Manor Care until
34	February 6, 2007, when she was transported by ambulance to Mease
35	Countryside Hospital for dyspnea with the suspected cause being
36	a pulmonary embolus due to lengthy bed rest. She remained at
37	Mease until February 17, 2007, when she was discharged to a new
38	nursing facility, Orchard Ridge Rehabilitation in New Port
39	Richey, for continued rehabilitation of her injuries, and
40	WHEREAS, Ms. Morton resided at Orchard Ridge until August
41	9, 2007, when she was transported to La Casa Grande, an assisted
42	living facility also located in New Port Richey, where she
43	continues to reside. Her average monthly living expenses at the
44	facility are currently $3,531.60, and
45	WHEREAS, prior to the accident, Ms. Morton was independent
46	and self-sufficient, living on her own in her own home, driving
47	her own car, and exercising regularly. Following the accident,
48	she has been confined to hospitals, nursing homes, and, now, an
49	assisted living facility. The injuries she sustained have caused
50	her to depend on others for the performance of most of the
51	activities of daily living, and have caused such difficulty and
52	inability to ambulate that she now is confined to a wheelchair,
53	and
54	WHEREAS, Ms. Morton's total medical expenses incurred as a
55	result of the accident, including hospitalizations, physician
56	services, surgical services, diagnostic imaging studies, air and
57	ambulance transportation, nursing home residency fees, and
58	assisted living facility fees, through July 31, 2009, amount to
59	approximately $570,000, and
60	WHEREAS, Ms. Morton's personal automobile insurer, State
61	Farm Mutual Automobile Insurance Company, has paid $10,000
62	toward her medical bills in personal injury protection benefits
63	and $100,000 in uninsured/underinsured motorist benefits.
64	Humana, the American Association of Retired Persons, and
65	Medicare have also paid toward her bills. These organizations
66	retain subrogation interests on any recovery made by Ms. Morton,
67	and
68	WHEREAS, a lawsuit was filed by the law firm of Lucas,
69	Green, and Magazine on behalf of Ms. Morton in the Circuit Court
70	of Pinellas County, Case No. 07-9114-C-13, against the State of
71	Florida, Department of Health. In that lawsuit, the department
72	admitted liability and took the position that its employee,
73	William Hebert, was solely at fault for the accident. The
74	parties entered into a settlement under which the department
75	will pay its statutory limit of liability of $100,000 pursuant
76	to s. 768.28, Florida Statutes, and the department agreed not to
77	contest or oppose any claim bill on behalf of Ms. Morton as long
78	as the claim bill did not seek compensation in excess of an
79	additional $650,000, NOW, THEREFORE,
80
81	Be It Enacted by the Legislature of the State of Florida:
82
83	Section 1.  The facts stated in the preamble to this act
84	are found and declared to be true.
85	Section 2.  The sum of $650,000 is appropriated from the
86	General Revenue Fund to the Department of Health for the relief
87	of Yvonne Morton for injuries and damages sustained.
88	Section 3.  The Chief Financial Officer is directed to draw
89	a warrant in favor of Yvonne Morton in the sum of $650,000 upon
90	funds of the Department of Health in the State Treasury, and to
91	pay the same out of such funds in the State Treasury.
92	Section 4.  The amount paid by the Department of Health
93	pursuant to s. 768.28, Florida Statutes, and the amount awarded
94	under this act are intended to provide the sole compensation for
95	all present and future claims arising out of the factual
96	situation described in this act which resulted in the injuries
97	and damages to Yvonne Morton. The total amount paid for
98	attorney's fees, lobbying fees, costs, and other expenses
99	relating to this claim may not exceed 25 percent of the total
100	amount awarded under this act.
101	Section 5.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.