Senate Bill sb0002

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    Florida Senate - 2003        (NP)  (Corrected Copy)       SB 2

    By Senator Sebesta





    16-27-03

  1                      A bill to be entitled

  2         An act for the relief of Joseph G. Donahey,

  3         Jr., and Tena Donahey, his spouse; providing an

  4         appropriation to compensate them for injuries

  5         received by Joseph Donahey, Jr., and for

  6         damages sustained by Mr. and Mrs. Donahey as a

  7         result of the negligence of the Board of

  8         Regents of the State of Florida; providing an

  9         effective date.

10  

11         WHEREAS, Joseph G. Donahey, Jr., a circuit judge of the

12  State of Florida, has for years suffered a continually

13  worsening condition of the back which caused him significant

14  pain and suffering and was beginning to affect his ability to

15  serve as a circuit judge, and

16         WHEREAS, Joseph G. Donahey, Jr., consulted with his

17  personal physician and was referred by his personal physician

18  to Dr. David W. Cahill, who was reputed to be skilled in

19  orthopedic surgery, and

20         WHEREAS, Joseph G. Donahey, Jr., consulted with Dr.

21  Cahill and was advised that a surgical procedure could be

22  performed on his back which would probably significantly

23  improve the condition of his back, and

24         WHEREAS, Joseph G. Donahey, Jr., consented to surgery

25  by Dr. David W. Cahill, to be conducted at Tampa General

26  Hospital in Tampa, Florida, and

27         WHEREAS, Joseph G. Donahey, Jr., was advised that the

28  surgery would likely last approximately 4-1/2 hours, and

29         WHEREAS, unknown to Joseph G. Donahey, Jr., Dr. Cahill

30  was performing such surgery as an employee of the Board of

31  Regents of the State of Florida, and

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    Florida Senate - 2003        (NP)  (Corrected Copy)       SB 2
    16-27-03




 1         WHEREAS, the surgery was performed on January 11, 1999,

 2  at Tampa General Hospital, and

 3         WHEREAS, unknown to Joseph G. Donahey, Jr., the surgery

 4  was not performed solely by David W. Cahill but, in fact, was

 5  performed in part by a different doctor, who was only a

 6  resident physician employed by the University of South Florida

 7  and who, as part of his training, was employed by the Board of

 8  Regents and received training by observing and participating

 9  in surgery conducted by Dr. David W. Cahill, a professor at

10  the University of South Florida, and

11         WHEREAS, unknown to Joseph G. Donahey, Jr., the

12  anesthesiologist was also a resident student at the University

13  of South Florida and, as such, performed anesthesiology

14  services on patients who were being operated on by Dr. Cahill

15  and others while under only partial supervision by a

16  board-certified anesthesiologist who was a professor at the

17  University of South Florida, and

18         WHEREAS, the surgery lasted for approximately 10 hours,

19  instead of the estimated 4-1/2 hours, during which time Dr.

20  David W. Cahill supervised or performed surgery on two other

21  patients in addition to Joseph G. Donahey, Jr., and

22         WHEREAS, by reason of the length and complexity of the

23  surgery, the blood pressure of Joseph G. Donahey, Jr., was

24  kept at a minimal level for an excessive period of time and

25  was not adequately monitored by the anesthesiologist, and

26  whole blood of Joseph G. Donahey, Jr., which was available to

27  the doctors was not appropriately used; and, as a result of

28  both of these events, negligently performed by employees or

29  agents of the Board of Regents, Judge Donahey was injured, and

30         WHEREAS, as a result of the actions of the agents of

31  the Board of Regents and the above-described surgery, Judge

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    Florida Senate - 2003        (NP)  (Corrected Copy)       SB 2
    16-27-03




 1  Joseph G. Donahey, Jr., became permanently blind in both eyes,

 2  and

 3         WHEREAS, the employees and agents of the Board of

 4  Regents knew or, by the exercise of reasonable care, should

 5  have known that there were numerous reports of blindness

 6  occurring in situations of excessively long surgeries and knew

 7  or should have known, by reason of such fact, that special

 8  care and monitoring should be undertaken regarding the blood

 9  pressure of the patient while undergoing surgery and, further,

10  that surgical procedures involving operations at two levels of

11  the spine, as in the case of Judge Donahey, would unduly

12  lengthen the surgery time and, therefore, should not be

13  attempted when it was possible to do such surgical procedures

14  in two surgeries, and

15         WHEREAS, although agents of the Board of Regents were

16  knowledgeable about such risks of blindness, they failed to

17  warn or notify Joseph G. Donahey, Jr., of the risks involved

18  and to seek his informed consent to such surgeries under such

19  circumstances, and

20         WHEREAS, if he had been informed of the risks of

21  blindness involved, Joseph G. Donahey, Jr., would not have

22  undergone the surgeries attempted by David W. Cahill, and

23         WHEREAS, in accordance with the Florida Medical

24  Malpractice Act, Joseph G. Donahey, Jr., joined by his wife,

25  Tena Donahey, filed a notice of intent to commence litigation

26  and took statements of the physicians and the

27  anesthesiologists involved and supported their notice of

28  intent to commence litigation with the requisite affidavits

29  required by law, and all of such proceedings are confidential

30  and privileged under the Florida Statutes, and

31  

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    Florida Senate - 2003        (NP)  (Corrected Copy)       SB 2
    16-27-03




 1         WHEREAS, the Board of Regents of the State of Florida

 2  denied liability as authorized by the Florida Medical

 3  Malpractice Act, and

 4         WHEREAS, Joseph G. Donahey, Jr., filed a lawsuit

 5  against the Board of Regents of the State of Florida in the

 6  Thirteenth Judicial Circuit of Hillsborough County, Florida,

 7  and took discovery depositions of the physicians involved and

 8  obtained the records relating to the care and treatment

 9  involved and fully complied with all pretrial requirements of

10  law, and

11         WHEREAS, the Board of Regents offered to Joseph and

12  Tena Donahey the sum of $100,000 each, which is the maximum

13  amount payable under section 768.28, Florida Statutes, except

14  pursuant to a legislative claim bill, and

15         WHEREAS, the Board of Regents submitted for signature

16  to Joseph and Tena Donahey a proposed release that would have

17  prevented them from seeking relief from the Legislature, and

18         WHEREAS, Joseph and Tena Donahey refused to sign a

19  release containing such a limitation and, thereafter, executed

20  a release to the Board of Regents which did not contain such a

21  requirement, and

22         WHEREAS, thereafter, the Board of Regents tendered to

23  Joseph and Tena Donahey a release that did not contain any

24  restriction on their right to request compensation from the

25  Legislature, and

26         WHEREAS, Joseph and Tena Donahey signed that release,

27  and

28         WHEREAS, Joseph G. Donahey, Jr., has suffered

29  significant mental pain and suffering and loss of the

30  enjoyment of his life by reason of his blindness and has

31  continued to serve as a circuit judge with great difficulty,

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    Florida Senate - 2003        (NP)  (Corrected Copy)       SB 2
    16-27-03




 1  and, upon his retirement from the bench, his earning capacity

 2  either as a teacher or as a lawyer will be significantly and

 3  adversely affected by his blindness, and

 4         WHEREAS, Joseph G. Donahey, Jr., has incurred economic

 5  expenses in his attempt to seek relief from his blindness not

 6  compensated by insurance, and

 7         WHEREAS, Tena Donahey has suffered an economic loss by

 8  reason of her husband's injuries by her need to assist him in

 9  his daily life and has also suffered a significant loss of

10  consortium, NOW, THEREFORE,

11  

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

13  

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

15  act are found and declared to be true.

16         Section 2.  There is appropriated from the General

17  Revenue Fund to the Board of Regents the sum of $1 million for

18  the relief of Joseph G. Donahey, Jr., for injuries and damages

19  sustained.

20         Section 3.  The Comptroller is directed to draw a

21  warrant in favor of Joseph G. Donahey, Jr., in the sum of $1

22  million upon the funds of the Board of Regents in the State

23  Treasury, and the State Treasurer is directed to pay the same

24  out of such funds in the State Treasury.

25         Section 4.  The sum of $500,000 is appropriated from

26  the General Revenue Fund to the Board of Regents for the

27  relief of Tena Donahey, for injuries and damages sustained.

28         Section 5.  The Comptroller is directed to draw a

29  warrant in favor of Tena Donahey in the sum of $500,000 upon

30  the funds of the Board of Regents in the State Treasury, and

31  

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    Florida Senate - 2003        (NP)  (Corrected Copy)       SB 2
    16-27-03




 1  the State Treasurer is directed to pay the same out of such

 2  funds in the State Treasury.

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

 4  law.

 5  

 6            *****************************************

 7                          SENATE SUMMARY

 8    Provides an appropriation to compensate Joseph G.
      Donahey, Jr., and his spouse, Tena Donahey, for injuries
 9    sustained by Joseph G. Donahey, Jr., and for damages
      sustained by Mr. and Mrs. Donahey as a result of the
10    negligence of the Board of Regents of the State of
      Florida.
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