Florida Senate - 2016 (NP) SB 54 By Senator Flores 37-00173-16 201654__ 1 A bill to be entitled 2 An act for the relief of Ashaunti Seay by the Public 3 Health Trust of Miami-Dade County; providing for an 4 appropriation to compensate her for injuries and 5 damages sustained as a result of the negligence of the 6 Public Health Trust of Miami-Dade County; providing a 7 limitation on the payment of compensation, fees, and 8 costs; providing an effective date. 9 10 WHEREAS, on October 16, 2014, Ashaunti Seay saw an 11 optometrist, Mark Rogers, O.D., and his examination of her eyes 12 demonstrated swelling of the optic nerve, and 13 WHEREAS, Ashaunti Seay was referred directly to the 14 Northwest Medical Center where she was seen in the emergency 15 room and underwent a CT scan of the brain, and 16 WHEREAS, the CT scan revealed the presence of a colloid 17 cyst at the foramen of Monro with associated ventriculomegaly, 18 and 19 WHEREAS, Ashaunti Seay was then transferred to Westside 20 Regional Medical Center where she was admitted overnight for 21 further evaluation and underwent an MRI of the brain, which 22 confirmed the diagnosis of a colloid cyst, and 23 WHEREAS, Ashaunti Seay was seen in consultation by a 24 neuroophthalmologist and a neurosurgeon and the decision was 25 made that she would be best served by having her transferred to 26 Jackson Memorial Hospital, and 27 WHEREAS, after her transfer to Jackson Memorial Hospital, 28 Ashaunti Seay was placed under the care of Sarah C. Jernigan, 29 M.D., who recommended the performance of an endoscopic resection 30 of the colloid cyst, and 31 WHEREAS, on October 20, 2014, Dr. Jernigan performed an 32 endoscopic resection of the third ventricle colloid mass on 33 Ashaunti Seay at Jackson Memorial Hospital and, during the 34 course of the procedure, Ashaunti Seay suffered permanent and 35 irreversible brain damage, and 36 WHEREAS, Ashaunti Seay now has significant, permanent, and 37 lifelong neurological injuries and damages, and 38 WHEREAS, this claim was presented to the Public Health 39 Trust of Miami-Dade County, and 40 WHEREAS, the University of Miami Miller School of Medicine 41 entered into a Basic Affiliation Agreement dated November 11, 42 2013, with respect to the university’s responsibility to 43 indemnify the Public Health Trust of Miami-Dade County for 44 certain claims, and 45 WHEREAS, based on the specific facts and circumstances of 46 this case and the nature of the medical care rendered to 47 Ashaunti Seay, the University of Miami Miller School of Medicine 48 is legally bound to indemnify the Public Health Trust of Miami 49 Dade County with respect to the amount required to be paid upon 50 this bill becoming law, and 51 WHEREAS, Ashaunti Seay is hereby requesting that an 52 appropriation be made through this act for relief in the amount 53 of $10 million, NOW, THEREFORE, 54 55 Be It Enacted by the Legislature of the State of Florida: 56 57 Section 1. The facts stated in the preamble to this act are 58 found and declared to be true. 59 Section 2. The Public Health Trust of Miami-Dade County is 60 authorized and directed to appropriate from funds not otherwise 61 encumbered and to draw a warrant in the sum of $10 million 62 payable to Ashaunti Seay as compensation for the catastrophic 63 injuries and damages she sustained as a result of the nature of 64 her medical care. The University of Miami Miller School of 65 Medicine shall forthwith indemnify the Public Health Trust of 66 Miami-Dade County with respect to the payment of these funds. 67 After deductions for attorney fees, lobbyist fees and costs as 68 specified in this act, the net proceeds shall be paid into a 69 Special Needs Trust for the use and benefit of Ashaunti Seay. 70 Section 3. The amount paid by the Public Health Trust of 71 Miami-Dade County pursuant to s. 768.28, Florida Statutes, and 72 the amount awarded under this act are intended to provide the 73 sole compensation for all present and future claims arising out 74 of the factual situation described in this act which resulted in 75 the catastrophic injuries and damages to Ashaunti Seay. The 76 total amount paid for attorney fees, lobbying fees, costs, and 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.