House Bill hb0893

    Florida House of Representatives - 2001                 HB 893

        By Representative Siplin






  1                      A bill to be entitled

  2         An act relating to Halifax Hospital Medical

  3         Center, a special taxing district in Volusia

  4         County d/b/a Halifax Medical Center; providing

  5         for the relief of Steven Mitchell; authorizing

  6         and directing Halifax Hospital Medical Center

  7         to compensate Steven Mitchell for personal

  8         injuries that he suffered while at Halifax

  9         Medical Center; providing an effective date.

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11         WHEREAS, on March 8, 1995, Steven Mitchell, who had

12  traveled from his home in Nashville, Tennessee, to Daytona

13  Beach to attend Bike Week, was riding his Harley Davidson

14  motorcycle northbound on County Road 415 in West Volusia

15  County when a motorist pulled out of a side road immediately

16  into Steven Mitchell's path, causing an accident, and

17         WHEREAS, following the accident of March 8, 1995,

18  emergency medical personnel stabilized Steven Mitchell's neck

19  appropriately and transported him to Halifax Medical Center's

20  emergency room, where he was diagnosed incorrectly, discharged

21  prematurely, and left on a gurney in a hallway of the

22  emergency room for hours until some friends could pick him up,

23  and

24         WHEREAS, when his friends picked him up, they found him

25  unable to control his arms in a meaningful way and, after they

26  protested that it was inappropriate to discharge him, medical

27  personnel nevertheless discharged him without an evaluation

28  and without due care, and

29         WHEREAS, by the next day, Mr. Mitchell was experiencing

30  respiratory problems and severe pain and could not move his

31  legs, and

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    Florida House of Representatives - 2001                 HB 893

    796-105-01






  1         WHEREAS, after he was subsequently readmitted to the

  2  emergency department, it was immediately determined that his

  3  spinal cord had been damaged so as to cause quadriplegia, and

  4         WHEREAS, Steven Mitchell currently resides in Tennessee

  5  and is in need of significant care and medical equipment and

  6  24-hour-a-day attendant care, and

  7         WHEREAS, a lawsuit was filed against the Halifax

  8  Hospital Medical Center, alleging that the negligence of

  9  hospital employees caused the injuries to Steven Mitchell, and

10         WHEREAS, after years of litigation but prior to trial,

11  the parties to this action began settlement negotiations in an

12  effort to resolve this matter, and

13         WHEREAS, the parties have reached an agreement whereby

14  the Halifax Hospital Medical Center would pay a total of

15  $2,500,000 to resolve this claim, and

16         WHEREAS, pursuant to the agreement and in accordance

17  with the limits set forth in section 768.28, Florida Statutes,

18  the Halifax Hospital Medical Center has paid Steven Mitchell

19  $200,000, leaving a total of $2,300,000 to be paid pursuant to

20  a claim bill, NOW, THEREFORE,

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22  Be It Enacted by the Legislature of the State of Florida:

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24         Section 1.  The facts stated in the preamble to this

25  act are found and declared to be true.

26         Section 2.  Halifax Hospital Medical Center, a special

27  taxing district in Volusia County d/b/a Halifax Medical

28  Center, is authorized and directed to appropriate from funds

29  of the medical center not otherwise appropriated to compensate

30  Steven Mitchell for injuries and damages he sustained as a

31  result of the negligence of employees of Halifax Medical

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    Florida House of Representatives - 2001                 HB 893

    796-105-01






  1  Center and to draw a warrant payable to the trustee for the

  2  special needs trust created for the benefit of Steven Mitchell

  3  in the amount of $50,000 and to pay the trustee for the

  4  special needs trust fund created for the benefit of Steven

  5  Mitchell a sum of $15,000 per month for the rest of Steven

  6  Mitchell's life; and to draw a warrant in the amount of

  7  $825,000, of which $200,000 is for reimbursement of the law

  8  firm of Searcy, Denney, Scarola, Barnhart and Shipley, P.A.,

  9  Steven Mitchell's attorneys, for costs incurred by the firm,

10  and $625,000 is for compensation of the law firm of Searcy,

11  Denney, Scarola, Barnhart, and Shipley, P.A., for professional

12  fees incurred by Steven Mitchell in litigation on this claim.

13         Section 3.  This act shall take effect upon becoming a

14  law.

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