Florida Senate - 2011             (Corrected Copy)(NP)    SB 306
       
       
       
       By Senator Rich
       
       
       
       
       35-00458-11                                            2011306__
    1                        A bill to be entitled                      
    2         An act for the relief of Denise Gordon Brown and David
    3         Brown by the North Broward Hospital District;
    4         providing for an appropriation to compensate Denise
    5         Gordon Brown and David Brown, parents of Darian Brown,
    6         for injuries and damages sustained by Darian Brown as
    7         result of the negligence of Broward General Medical
    8         Center; providing a limitation on the payment of fees
    9         and costs; providing an effective date.
   10  
   11         WHEREAS, on January 10, 2000, Denise Gordon Brown was
   12  admitted as a high-risk obstetrical patient at Broward General
   13  Medical Center in Fort Lauderdale, Florida, and
   14         WHEREAS, Denise Gordon Brown’s physicians at Broward
   15  General Medical Center ordered continuous fetal monitoring, and
   16         WHEREAS, on the evening of January 14, 2000, the fetal
   17  monitoring showed significant risk to the fetus, and
   18         WHEREAS, on January 15, 2000, the monitoring indicated
   19  continued fetal tachycardia and loss of reactivity,
   20  necessitating immediate delivery, and
   21         WHEREAS, Denise Gordon Brown’s unborn child, Darian Brown,
   22  was not delivered immediately and sustained a hypoxic brain
   23  injury as a result of the delay, and
   24         WHEREAS, Denise Gordon Brown and David Brown, the parents
   25  of Darian Brown, sought medical care and treatment that
   26  determined that Darian Brown’s condition is permanent, has
   27  resulted in severe neurological damage, and requires a lifetime
   28  of round-the-clock care and treatment, and
   29         WHEREAS, after a trial, a jury returned a verdict in favor
   30  of Denise Gordon Brown and David Brown, as parents and guardians
   31  of Darian Brown, in the amount of $35,236,000, for the cost of
   32  care for Darian Brown, resulting in a final judgment, less
   33  setoffs and costs, in the amount of $34,418,577, and
   34         WHEREAS, the jury’s verdict was affirmed on appeal, and
   35         WHEREAS, pursuant to an agreement between the parties to
   36  the lawsuit, the judgment has been partially satisfied in the
   37  amount of $10,550,000, and
   38         WHEREAS, pursuant to the agreement, the claim shall be
   39  considered fully satisfied by the stipulation that the North
   40  Broward Hospital District will seek its self-insured retention
   41  in the amount of $2 million as authorized by the Florida
   42  Legislature through a claim bill, NOW, THEREFORE,
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. The facts stated in the preamble to this act are
   47  found and declared to be true.
   48         Section 2. The sum of $2 million is appropriated out of
   49  funds not otherwise encumbered for payment by the North Broward
   50  Hospital District for the relief of Denise Gordon Brown and
   51  David Brown, as guardians of Darian Brown, for injuries and
   52  damages sustained by Darian Brown due to the negligence of
   53  Broward General Medical Center.
   54         Section 3. A warrant shall be drawn in favor of Denise
   55  Gordon Brown and David Brown, as guardians of Darian Brown, in
   56  the amount of $2 million.
   57         Section 4. The amount paid pursuant to s. 768.28, Florida
   58  Statutes, and the amount awarded under this act are intended to
   59  provide the sole compensation for all present and future claims
   60  arising out of the factual situation described in this act which
   61  resulted in injuries sustained by Darian Brown. The total amount
   62  paid for attorney’s fees, lobbying fees, costs, and other
   63  similar expenses relating to this claim may not exceed 25
   64  percent of the total amount awarded under this act.
   65         Section 5. This act shall take effect upon becoming a law.