1

A bill to be entitled

2

An act relating to Memorial Healthcare System of Broward,

3

Inc., d/b/a Memorial Regional Hospital; providing for the

4

relief of Janaria Miller, a minor child, to compensate her

5

for injuries sustained as a result of the negligence of

6

employees of the hospital; providing an appropriation;

7

providing a limitation on the payment of fees and costs;

8

providing an effective date.

9

10

     WHEREAS, on December 13 and 14, 2002, Janaria Miller

11

suffered fetal distress for more than 3 ½ hours and, as a result,

12

sustained permanent and irreversible brain damage, and

13

     WHEREAS, doctors at the hospital had ordered that nurses

14

oversee 24-hour monitoring of Shakima Brown, Janaria's mother,

15

during her labor and that the nurses immediately report to Ms.

16

Brown's doctor any signs of abnormal fetal heart rate, and

17

     WHEREAS, beginning at approximately 11:57 p.m. on December

18

13, 2002, the fetal monitor strips depicted dangerous drops in

19

Janaria's heart rate, and the late decelerations and drops in the

20

fetal heart rate continued for several hours into the early

21

morning of December 14, and

22

     WHEREAS, despite the doctor's order to call him, the nurses

23

failed to advise a physician of the fetal distress and, instead,

24

acknowledged the alert and turned it off, and

25

     WHEREAS, in addition, the nurses failed to initiate

26

necessary intrauterine resuscitative measures, and

27

     WHEREAS, even after physicians were finally notified, the

28

nursing staff failed to timely carry out the orders provided by

29

the physician, and

30

     WHEREAS, as a result of the nurses' failure to take

31

appropriate measures during her birth, Janaria presently suffers

32

from permanent and irreversible brain damage causing partial

33

paralysis, seizures, and delayed cognitive impairment,

34

development, and speech, and

35

     WHEREAS, she also has deficits in reasoning, decisionmaking,

36

and expressive and respective language, and

37

     WHEREAS, Janaria has a significant permanent functional

38

impairment rating and acute functional decline, resulting in

39

total dependence on others; will require lifelong attendant care;

40

and will be unable to participate in gainful employment, and

41

     WHEREAS, suit was brought in the Broward County Circuit

42

Court, a settlement was reached, and, on December 13, 2006, the

43

court entered a consent judgment in favor of Shakima Brown,

44

individually, and on behalf of Janaria Miller, in the amount of

45

$500,000, and

46

     WHEREAS, the hospital has paid to the plaintiff the sum of

47

$200,000, pursuant to the statutory limits of liability set forth

48

in s. 768.28, Florida Statutes, leaving the sum of $300,000

49

unpaid, NOW, THEREFORE,

50

51

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

52

53

     Section 1. The facts stated in the preamble to this act are

54

found and declared to be true.

55

     Section 2. The Memorial Healthcare System of Broward, Inc.,

56

d/b/a Memorial Regional Hospital, is authorized and directed to

57

appropriate the sum of $300,000 from funds not otherwise

58

appropriated and to draw a warrant payable to Shakima Brown,

59

parent and legal guardian of Janaria Miller, to be placed in a

60

special needs trust created for the exclusive use and benefit of

61

Janaria Miller, a minor, to compensate Janaria Miller for

62

injuries and damages sustained. Upon the death of Janaria Miller,

63

the trust balance shall revert to Memorial Regional Hospital.

64

     Section 3. This award is intended to provide the sole

65

compensation for all present and future claims arising out of the

66

factual situation that resulted in the injury to Janaria Miller

67

described in this act. The total amount paid for attorney's fees,

68

lobbying fees, costs, and other similar expenses relating to this

69

claim may not exceed 25 percent of the amount awarded under this

70

act.

71

     Section 4.  This act shall take effect upon becoming a law.