Florida Senate - 2012 (Corrected Copy) SB 6 By Senator Negron 28-00084-12 20126__ 1 A bill to be entitled 2 An act for the relief of Denise Gordon Brown and David 3 Brown by the North Broward Hospital District; 4 providing for an appropriation to compensate Denise 5 Gordon Brown and David Brown, parents of Darian Brown, 6 for injuries and damages sustained by Darian Brown as 7 result of the negligence of Broward General Medical 8 Center; providing a limitation on the payment of fees 9 and costs; providing an effective date. 10 11 WHEREAS, on January 10, 2000, Denise Gordon Brown was 12 admitted as a high-risk obstetrical patient at Broward General 13 Medical Center in Fort Lauderdale, Florida, and 14 WHEREAS, Denise Gordon Brown’s physicians at Broward 15 General Medical Center ordered continuous fetal monitoring, and 16 WHEREAS, on the evening of January 14, 2000, the fetal 17 monitoring showed significant risk to the fetus, and 18 WHEREAS, on January 15, 2000, the monitoring indicated 19 continued fetal tachycardia and loss of reactivity, 20 necessitating immediate delivery, and 21 WHEREAS, Denise Gordon Brown’s unborn child, Darian Brown, 22 was not delivered immediately and sustained a hypoxic brain 23 injury as a result of the delay, and 24 WHEREAS, Denise Gordon Brown and David Brown, the parents 25 of Darian Brown, sought medical care and treatment that 26 determined that Darian Brown’s condition is permanent, has 27 resulted in severe neurological damage, and requires a lifetime 28 of round-the-clock care and treatment, and 29 WHEREAS, after a trial, a jury returned a verdict in favor 30 of Denise Gordon Brown and David Brown, as parents and guardians 31 of Darian Brown, in the amount of $35,236,000, for the cost of 32 care for Darian Brown, resulting in a final judgment, less 33 setoffs and costs, in the amount of $34,418,577, and 34 WHEREAS, the jury’s verdict was affirmed on appeal, and 35 WHEREAS, pursuant to an agreement between the parties to 36 the lawsuit, the judgment has been partially satisfied in the 37 amount of $10,550,000, and 38 WHEREAS, pursuant to the agreement, the claim shall be 39 considered fully satisfied by the stipulation that the North 40 Broward Hospital District will seek its self-insured retention 41 in the amount of $2 million as authorized by the Florida 42 Legislature through a claim bill, NOW, THEREFORE, 43 44 Be It Enacted by the Legislature of the State of Florida: 45 46 Section 1. The facts stated in the preamble to this act are 47 found and declared to be true. 48 Section 2. The sum of $2 million is appropriated out of 49 funds not otherwise encumbered for payment by the North Broward 50 Hospital District for the relief of Denise Gordon Brown and 51 David Brown, as guardians of Darian Brown, for injuries and 52 damages sustained by Darian Brown due to the negligence of 53 Broward General Medical Center. 54 Section 3. A warrant shall be drawn in favor of Denise 55 Gordon Brown and David Brown, as guardians of Darian Brown, in 56 the amount of $2 million. 57 Section 4. The amount paid pursuant to s. 768.28, Florida 58 Statutes, and the amount awarded under this act are intended to 59 provide the sole compensation for all present and future claims 60 arising out of the factual situation described in this act which 61 resulted in injuries sustained by Darian Brown. The total amount 62 paid for attorney’s fees, lobbying fees, costs, and other 63 similar expenses relating to this claim may not exceed 25 64 percent of the total amount awarded under this act. 65 Section 5. This act shall take effect upon becoming a law.