HB 183

1	A bill to be entitled
2	An act relating to the South Broward Hospital District;
3	providing for the relief of Adrian Fuentes, a minor, by
4	and through his parents and natural guardians, Luz Fuentes
5	and Jose Fuentes; providing for an appropriation to
6	compensate him for injuries and damages sustained as a
7	result of the negligence of the South Broward Hospital
8	District, d/b/a Memorial Hospital Primary Care Center;
9	providing a limitation on the payment of attorney's fees,
10	lobbying fees, costs, and other similar expenses relating
11	to the claim; providing an effective date.
12
13	WHEREAS, beginning in December 2001, Luz Fuentes received
14	prenatal medical care for her first pregnancy at Memorial
15	Hospital Primary Care Center, an entity operated by the South
16	Broward Hospital District, and
17	WHEREAS, although the attending physician supervising her
18	care was Andreas Spyridakis, D.O., all examinations of Luz
19	Fuentes were conducted by certified nurse midwives, and
20	WHEREAS, on April 18, 2002, during an examination at 36
21	weeks' gestation, a discrepancy was noted between the weeks of
22	gestation and the fundal height of the fetus, and an obstetrical
23	ultrasound to determine the estimated fetal weight was ordered
24	by Sharon Harrison, C.N.M., and scheduled for April 23, 2002,
25	and
26	WHEREAS, during or following Luz Fuentes' April 18th visit,
27	Nurse Harrison did not consult with Dr. Spyridakis regarding the
28	possibility of intrauterine growth retardation being present nor
29	did she order a nonstress test or a biophysical profile or call
30	for an immediate consultation to evaluate the possibility of
31	intrauterine growth retardation or determine whether
32	intervention was necessary, and
33	WHEREAS, the obstetrical ultrasound was performed on April
34	23, 2002, and was interpreted by Leonard Rosendorf, M.D., whose
35	findings showed an amniotic fluid index of 9, which is a normal
36	reading, and indicated a low abdominal circumference, which
37	possibly indicated intrauterine growth restriction, and Dr.
38	Rosendorf suggested clinical follow-up, and
39	WHEREAS, on April 23, 2002, Dr. Rosendorf faxed a report
40	detailing the ultrasound findings to Memorial Hospital Primary
41	Care Center, and
42	WHEREAS, the report from Dr. Rosendorf was reviewed and
43	signed by Rosanne Wohlman, C.N.M., on April 25, 2002, during a
44	scheduled follow-up examination of Luz Fuentes, and
45	WHEREAS, during the April 25th examination at Memorial
46	Hospital's Primary Care Center, Nurse Wohlman ordered a
47	nonstress test with results that she described as prolonged
48	decelerations, a fetal heart rate of 90 beats per minute, and
49	decelerations lasting 60 seconds, and
50	WHEREAS, based upon these findings, Nurse Wohlman then had
51	Luz Fuentes transported to Memorial Hospital, where it was
52	determined that the fetus was in serious distress, and
53	WHEREAS, within 32 minutes of Luz Fuentes' arrival at
54	Memorial Hospital, Adrian Fuentes was delivered by emergency
55	cesarean section, and
56	WHEREAS, the actions of the medical providers constituted
57	negligence and, as a result of such negligence, Adrian Fuentes
58	was born with severe brain damage, neurological dysfunction, and
59	other serious and permanent injuries, and
60	WHEREAS, a medical malpractice claim and legal action on
61	behalf of Adrian Fuentes was instituted in the Circuit Court of
62	the 17th Judicial Circuit, in and for Broward County, Florida,
63	Case No. 04-15033(13), styled Luz Fuentes and Jose Fuentes, as
64	parents and natural guardians of Adrian Fuentes, their minor
65	child, and individually, v. South Broward Hospital District, et
66	al., against the South Broward Hospital District and certain
67	other persons and legal entities, including Memorial Hospital
68	Primary Care Center, Andreas Spyridakis, D.O., Sharon Harrison,
69	C.N.M., Rosanne Wohlman, C.N.M., Broward Women's Healthcare,
70	Inc., Sheridan Healthcorp, Inc., Leonard Rosendorf, M.D.,
71	Radiology Associates of Hollywood, P.A., and others, and
72	WHEREAS, the claim against the South Broward Hospital
73	District and related defendants was settled prior to trial and a
74	settlement was approved by the court on July 10, 2007, and
75	WHEREAS, the settlement agreement provides for the payment
76	of $200,000 by the South Broward Hospital District to the
77	plaintiffs, pursuant to the limits of liability in s. 768.28,
78	Florida Statutes, the entry of consent judgment in the amount of
79	$1,600,000, and the hospital district's agreement not to contest
80	the filing of a claim bill that does not exceed $1,600,000, NOW,
81	THEREFORE,
82
83	Be It Enacted by the Legislature of the State of Florida:
84
85	Section 1.  The facts stated in the preamble to this act
86	are found and declared to be true.
87	Section 2.  (1)  The South Broward Hospital District is
88	authorized and directed to appropriate from funds of the
89	hospital district not otherwise encumbered and to draw a warrant
90	in the sum of $1,600,000, payable to the special needs trust
91	established for the care and benefit of Adrian Fuentes, as
92	compensation for injuries and damages sustained by Adrian
93	Fuentes as a result of the negligence of the South Broward
94	Hospital District.
95	(2)  The amount awarded under this act is intended to
96	provide the sole compensation for all present and future claims
97	arising out of the factual situation described in this act which
98	resulted in injury to Adrian Fuentes. The total amount paid for
99	attorney's fees, lobbying fees, costs, and other similar
100	expenses relating to this claim may not exceed 25 percent of the
101	amount awarded under this act.
102	Section 3.  This act shall take effect upon becoming a law.

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