Senate Bill sb0070

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    Florida Senate - 2002        (NP)  (Corrected Copy)      SB 70

    By Senator Crist





    13-155A-02

  1                      A bill to be entitled

  2         An act relating to Hillsborough County;

  3         providing for the relief of James T. Edwards;

  4         providing an appropriation to compensate him

  5         for injuries caused by the negligence of

  6         Hillsborough County; providing an effective

  7         date.

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  9         WHEREAS, on May 31, 1997, James T. Edwards was partying

10  with friends, during which time he fell and injured his head

11  several times while drinking vodka, and

12         WHEREAS, James T. Edwards' friends placed him in the

13  bathtub to sober him up and called Hillsborough County EMS,

14  and

15         WHEREAS, an operator received the call and, after

16  hearing that James T. Edwards had been placed in the bathtub

17  to sober him up, instructed the caller to remove Mr. Edwards

18  from the tub and place him on a chair, during which time Mr.

19  Edwards was moving his arms and legs, and

20         WHEREAS, upon arriving at the scene, EMS personnel

21  acted contrary to protocol by failing to place Mr. Edwards,

22  who was in an altered state of consciousness, on a backboard

23  to immobilize his spine, and

24         WHEREAS, EMS personnel lifted Mr. Edwards under his

25  arms and by his feet so that his body dropped in a U-shaped

26  position and threw him onto a stretcher, rolled him to the

27  ambulance, and threw him carelessly into the ambulance, and

28         WHEREAS, at no time at the scene did EMS personnel note

29  any paralysis or priapism, but rather noted that Mr. Edwards'

30  extremities were within normal limits, and

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    Florida Senate - 2002        (NP)  (Corrected Copy)      SB 70
    13-155A-02




  1         WHEREAS, contrary to protocol, Mr. Edwards was taken to

  2  Brandon Hospital rather than to a trauma center, and

  3         WHEREAS, at the emergency room, Mr. Edwards was found

  4  to have a priapism and to have suffered a subluxation of his

  5  spine at C6-7 with a complete spinal cord lesion at that

  6  level, resulting in quadriplegia, and

  7         WHEREAS, the two EMS personnel have admitted in

  8  depositions that, given his condition, Mr. Edwards' spine

  9  should have been immobilized, and

10         WHEREAS, Dr. Henry E. Smoak, an expert in such

11  emergency procedures, has concluded that under the given

12  conditions there was a departure in the standard of care on

13  behalf of the Hillsborough County EMS, and

14         WHEREAS, as a result of the negligence of the

15  Hillsborough County EMS, Mr. Edwards suffers from an inability

16  to walk, bowel and bladder incontinence, impotence, lower back

17  pain, a decubitus ulcer on the left buttock, a compromised

18  functioning in both hands, and pinholes on the side of his

19  tracheotomy, and

20         WHEREAS, a lawsuit was filed and this case was

21  submitted to an arbitrator to assess the amount of damages,

22  and the amount of the damages has not been finalized, NOW,

23  THEREFORE,

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

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27         Section 1.  The facts stated in the preamble of this

28  act are found and declared to be true.

29         Section 2.  The Board of Commissioners of Hillsborough

30  County is authorized and directed to appropriate from funds of

31  the county not otherwise appropriated and to draw a warrant in

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    Florida Senate - 2002        (NP)  (Corrected Copy)      SB 70
    13-155A-02




  1  the total amount of $8 million, which amount includes

  2  statutory attorney's fees and costs, payable to James T.

  3  Edwards to compensate him for injuries and damages sustained

  4  as a result of the negligence of EMS personnel of Hillsborough

  5  County.

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

  7  law.

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