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Senate Bill 0008

Florida Senate - 1998 (NP) SB 8 By Senator Grant 13-64-98 1 A bill to be entitled 2 An act for the relief of Heather Roszell, a 3 minor; providing appropriations to compensate 4 her for injuries and damages sustained as a 5 result of the negligence of the State of 6 Florida, Board of Regents and the Hillsborough 7 County Hospital Authority, d.b.a. Tampa General 8 Hospital; providing an effective date. 9 10 WHEREAS, Heather Roszell, a minor, was born with a 11 genetic syndrome known as achondroplastic dwarfism, and 12 WHEREAS, at approximately one year of age, Heather 13 Roszell developed certain neurological problems which required 14 a surgical procedure commonly performed on children with 15 achondroplastic dwarfism to decompress her spinal column, and 16 WHEREAS, the surgical procedure required by Heather 17 Roszell was performed at Shands Hospital in Gainesville, 18 Florida, and 19 WHEREAS, as a result of undergoing this surgical 20 procedure, Heather Roszell developed in a fairly normal manner 21 over the next eleven years, with the exception that she 22 developed sleep apnea, a common problem for children with 23 achondroplastic dwarfism, and 24 WHEREAS, at approximately 11 or 12 years of age, 25 Heather Roszell developed a progressive neurologic condition 26 which resulted in her having a small degree of spasticity in 27 her left lower extremity and other associated minor problems, 28 and 29 WHEREAS, in June 1991, Heather's family sought the help 30 of Dr. David W. Cahill, a neurosurgeon in Tampa, Florida, who 31 1 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 8 13-64-98 1 was an employee of the Board of Regents and on the staff of 2 Tampa General Hospital, and 3 WHEREAS, Dr. Cahill scheduled Heather for surgery at 4 Tampa General Hospital for a decompressive laminectomy on July 5 10, 1991, and 6 WHEREAS, on that date Heather Roszell successfully 7 underwent the decompressive laminectomy and was admitted to 8 the pediatric intensive care unit for postoperative care, and 9 WHEREAS, during postoperative recovery Heather Roszell 10 was cared for by residents and fellows (physicians in training 11 at the University of South Florida College of Medicine), a 12 pediatric intensive employed by the Board of Regents, and 13 nurses employed by Tampa General Hospital, and 14 WHEREAS, during the first two days of postoperative 15 recovery, Heather Roszell received pain medication consisting 16 of Morphine and Tylenol with Codeine, and 17 WHEREAS, it was noted in hospital records that Heather 18 Roszell was neurologically intact on the first day following 19 surgery, and 20 WHEREAS, during the early morning hours of July 11, 21 1991, Heather Roszell experienced an episode of sleep apnea 22 which required resuscitative efforts which were performed by 23 employees of both the Board of Regents and Tampa General 24 Hospital, and 25 WHEREAS, following this episode of sleep apnea, Heather 26 Roszell was noted to have neurological deficits that had not 27 been present previously, and 28 WHEREAS, Heather Roszell had sustained a significant 29 injury to her spinal cord which rendered her permanently and 30 totally disabled, and 31 2 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 8 13-64-98 1 WHEREAS, as a result of her spinal cord injury, Heather 2 Roszell cannot perform any of the normal functions of daily 3 life independently and is confined to a wheelchair, and 4 WHEREAS, the injuries sustained by Heather Roszell 5 formed the basis of legal action brought against the State of 6 Florida, Board of Regents and Tampa General Hospital, and 7 WHEREAS, because Heather Roszell's history of sleep 8 apnea was not appropriately addressed during the preoperative 9 or postoperative periods of her care, and because she was 10 placed on potentially dangerous medication such as morphine, 11 which is a respiratory depressant, the plaintiffs alleged that 12 the injury to Heather Roszell's spinal cord was completely 13 avoidable had the appropriate medical decisions been made by 14 the agents and employees of the Board of Regents and the 15 employees of Tampa General Hospital, and 16 WHEREAS, in October 1996, a settlement was reached 17 between the plaintiffs, Hillsborough County Hospital 18 Authority, d.b.a. Tampa General Hospital, and the State of 19 Florida, Board of Regents, and 20 WHEREAS, the parties agreed to enter into a judgment in 21 favor of the plaintiff, totaling $3,950,000, to be evenly 22 divided between the two defendants, and 23 WHEREAS, the Hillsborough County Hospital Authority and 24 the State of Florida, Board of Regents have each paid $200,000 25 and further agree that a claim bill will be introduced in the 26 Florida Legislature for payment of the remaining $3,550,000, 27 and 28 WHEREAS, both the Hillsborough County Hospital 29 Authority and the State of Florida, Board of Regents fully 30 support the settlement and have agreed to assist in the 31 passage of this claim bill, NOW, THEREFORE, 3 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 8 13-64-98 1 Be It Enacted by the Legislature of the State of Florida: 2 3 Section 1. The facts stated in the preamble to this 4 act are found and declared to be true. 5 Section 2. The Executive Office of the Governor is 6 directed to transfer existing spending authority or establish 7 spending authority from unappropriated trust fund balances in 8 the Board of Regents in the amount of $1,775,000 to a new 9 category titled "Relief - Heather Roszell" as relief for 10 damages sustained. 11 Section 3. The Comptroller is directed to draw his 12 warrant in favor of Heather Roszell in the sum of $1,775,000 13 upon funds of the Board of Regents in the State Treasury and 14 the State Treasurer is directed to pay the same out of such 15 funds in the State Treasury. 16 Section 4. The Hillsborough County Hospital Authority, 17 d.b.a. Tampa General Hospital, is authorized and directed to 18 appropriate from funds of the district not otherwise 19 appropriated and to draw a warrant in the sum of $1,775,000 20 payable to Terry Michael Roszell, as father and legal guardian 21 of Heather Roszell, for the benefit of Heather Roszell, a 22 minor, to compensate her for injuries and damages sustained as 23 a result of the negligence of the Hillsborough County Hospital 24 Authority, d.b.a. Tampa General Hospital. 25 Section 5. This act shall take effect July 1, 1998. 26 27 28 29 30 31 4 CODING: Words stricken are deletions; words underlined are additions. Florida Senate - 1998 (NP) SB 8 13-64-98 1 ***************************************** 2 LEGISLATIVE SUMMARY 3 Provides a $1,775,000 appropriation for the relief of 4 Heather Roszell as relief for injuries and damages sustained as a result of the negligence of the State of 5 Florida, Board of Regents, and a $1,775,000 appropriation for the relief of Heather Roszell as relief for injuries 6 and damages sustained as a result of the negligence of the Hillsborough County Hospital Authority, d.b.a. Tampa 7 General Hospital. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 5