Bill Text: FL S0016 | 2011 | Regular Session | Introduced
Bill Title: Relief/Harris & Williams/N. Broward Hospital Dist.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-05-06 - Placed on Special Order Calendar, 05/06/11 [S0016 Detail]
Download: Florida-2011-S0016-Introduced.html
Florida Senate - 2011 (NP) SB 16 By Senator Ring 32-00035-11 201116__ 1 A bill to be entitled 2 An act for the relief of Laron S. Harris, Jr., by and 3 through his parents, Melinda Williams and Laron S. 4 Harris, Sr., and Melinda Williams and Laron S. Harris, 5 Sr., individually, by the North Broward Hospital 6 District, d/b/a Coral Springs Medical Center; 7 providing for an appropriation to compensate them for 8 injuries sustained as a result of the negligence of 9 the Coral Springs Medical Center; providing a 10 limitation on the payment of fees and costs; providing 11 an effective date. 12 13 WHEREAS, Laron S. Harris, Jr., was born at the Coral 14 Springs Medical Center on April 1, 2003, suffering from severe 15 perinatal asphyxia and severe hypoperfusion, and has significant 16 brain damage as a result of those conditions, and 17 WHEREAS, Laron’s mother, Melinda Williams, who was 18 approximately 8 months pregnant, arrived by ambulance at the 19 medical center at or around 5:45 a.m. on April 1, 2003, and was 20 bleeding significantly and having abdominal pain, and 21 WHEREAS, at 7:55 a.m., Dr. Richard Spira performed an 22 ultrasound and strongly suspected that a placental abruption had 23 occurred and recommended that another sonogram be performed in 24 the ultrasound department of the medical center, and 25 WHEREAS, at 8:45 a.m., a registered nurse performed a 26 bedside ultrasound on Ms. Williams using a portable ultrasound 27 machine rather than the more reliable ultrasound equipment 28 recommended by Dr. Spira in the ultrasound department, and 29 WHEREAS, Ms. Williams was not taken to the ultrasound 30 department for the further examinations as requested by Dr. 31 Spira until after 9:20 a.m., and 32 WHEREAS, Ms. Williams finally was sent to the operating 33 room at 9:45 a.m. for an emergency cesarean section that was 34 performed by Dr. Desouza; however, the surgery, which showed 35 that the placenta was 40 to 50 percent abrupt, did not begin 36 until 10:14 a.m., and 37 WHEREAS, the injuries Laron sustained were foreseeable and 38 preventable and the medical center had a duty to prevent his 39 injuries, and 40 WHEREAS, the medical center breached its duties to Laron 41 and Ms. Williams by failing to timely diagnose the existence of 42 the placental abruption and to timely perform an emergency 43 cesarean section upon diagnosing the placental abruption, and 44 WHEREAS, if the doctors at the medical center had promptly 45 diagnosed the placental abruption and timely performed the 46 emergency cesarean section, Laron most likely would not have 47 suffered from severe perinatal asphyxia and would not have 48 developed permanent neurological damage, and 49 WHEREAS, Laron S. Harris, Jr., and his parents Melinda 50 Williams and Laron S. Harris, Sr., filed a lawsuit against the 51 North Broward Hospital District, d/b/a Coral Springs Medical 52 Center, which was resolved through a mediated consent judgment 53 for the sum of $2.2 million, the payment of $200,000 authorized 54 by the state’s limited waiver of sovereign immunity under s. 55 768.28, Florida Statutes, and an agreement to support a claim 56 bill for the remaining amount of $2 million, NOW, THEREFORE, 57 58 Be It Enacted by the Legislature of the State of Florida: 59 60 Section 1. The facts stated in the preamble to this act are 61 found and declared to be true. 62 Section 2. The North Broward Hospital District, d/b/a Coral 63 Springs Medical Center, is authorized and directed to 64 appropriate from funds of the district not otherwise 65 appropriated and to draw a warrant in the sum of $2 million 66 payable to Laron S. Harris, Jr., by and through his parents 67 Melinda Williams and Laron S. Harris, Sr., and to Melinda 68 Williams and Laron S. Harris, Sr., individually, as compensation 69 for injuries and damages sustained. 70 Section 3. The amount paid by the North Broward Hospital 71 District pursuant to s. 768.28, Florida Statutes, and this award 72 are intended to provide the sole compensation for all present 73 and future claims arising out of the factual situation that 74 resulted in the injuries to Laron S. Harris, Jr., and his 75 parents Melinda Williams and Laron S. Harris, Sr. The total 76 amount paid for attorney’s fees, lobbying fees, costs, and other 77 similar expenses relating to this claim may not exceed 25 78 percent of the amount awarded under this act. 79 Section 4. This act shall take effect upon becoming a law.