HB 609

1	A bill to be entitled
2	An act for the relief of Laron S. Harris, Jr., by and
3	through his parents, Melinda Williams and Laron S. Harris,
4	Sr., and Melinda Williams and Laron S. Harris, Sr.,
5	individually, by the North Broward Hospital District,
6	d/b/a Coral Springs Medical Center; providing for an
7	appropriation to compensate them for injuries sustained as
8	a result of the negligence of the Coral Springs Medical
9	Center; providing a limitation on the payment of fees and
10	costs; providing an effective date.
11
12	WHEREAS, Laron S. Harris, Jr., was born at the Coral
13	Springs Medical Center on April 1, 2003, suffering from severe
14	perinatal asphyxia and severe hypoperfusion, and has significant
15	brain damage as a result of those conditions, and
16	WHEREAS, Laron's mother, Melinda Williams, who was
17	approximately 8 months pregnant, arrived by ambulance at the
18	medical center at or around 5:45 a.m. on April 1, 2003, and was
19	bleeding significantly and having abdominal pain, and
20	WHEREAS, at 7:55 a.m., Dr. Richard Spira performed an
21	ultrasound and strongly suspected that a placental abruption had
22	occurred and recommended that another sonogram be performed in
23	the ultrasound department of the medical center, and
24	WHEREAS, at 8:45 a.m., a registered nurse performed a
25	bedside ultrasound on Ms. Williams using a portable ultrasound
26	machine rather than the more reliable ultrasound equipment
27	recommended by Dr. Spira in the ultrasound department, and
28	WHEREAS, Ms. Williams was not taken to the ultrasound
29	department for the further examinations as requested by Dr.
30	Spira until after 9:20 a.m., and
31	WHEREAS, Ms. Williams finally was sent to the operating
32	room at 9:45 a.m. for an emergency cesarean section that was
33	performed by Dr. Desouza; however, the surgery, which showed
34	that the placenta was 40 to 50 percent abrupt, did not begin
35	until 10:14 a.m., and
36	WHEREAS, the injuries Laron sustained were foreseeable and
37	preventable and the medical center had a duty to prevent his
38	injuries, and
39	WHEREAS, the medical center breached its duties to Laron
40	and Ms. Williams by failing to timely diagnose the existence of
41	the placental abruption and to timely perform an emergency
42	cesarean section upon diagnosing the placental abruption, and
43	WHEREAS, if the doctors at the medical center had promptly
44	diagnosed the placental abruption and timely performed the
45	emergency cesarean section, Laron most likely would not have
46	suffered from severe perinatal asphyxia and would not have
47	developed permanent neurological damage, and
48	WHEREAS, Laron S. Harris, Jr., and his parents Melinda
49	Williams and Laron S. Harris, Sr., filed a lawsuit against the
50	North Broward Hospital District, d/b/a Coral Springs Medical
51	Center, which was resolved through a mediated consent judgment
52	for the sum of $2.2 million, the payment of $200,000 authorized
53	by the state's limited waiver of sovereign immunity under s.
54	768.28, Florida Statutes, and an agreement to support a claim
55	bill for the remaining amount of $2 million, NOW, THEREFORE,
56
57	Be It Enacted by the Legislature of the State of Florida:
58
59	Section 1.  The facts stated in the preamble to this act
60	are found and declared to be true.
61	Section 2.  The North Broward Hospital District, d/b/a
62	Coral Springs Medical Center, is authorized and directed to
63	appropriate from funds of the district not otherwise
64	appropriated and to draw a warrant in the sum of $2 million
65	payable to Laron S. Harris, Jr., by and through his parents
66	Melinda Williams and Laron S. Harris, Sr., and to Melinda
67	Williams and Laron S. Harris, Sr., individually, as compensation
68	for injuries and damages sustained.
69	Section 3.  The amount paid by the North Broward Hospital
70	District pursuant to s. 768.28, Florida Statutes, and this award
71	are intended to provide the sole compensation for all present
72	and future claims arising out of the factual situation that
73	resulted in the injuries to Laron S. Harris, Jr., and his
74	parents Melinda Williams and Laron S. Harris, Sr. The total
75	amount paid for attorney's fees, lobbying fees, costs, and other
76	similar expenses relating to this claim may not exceed 25
77	percent of the amount awarded under this act.
78	Section 4.  This act shall take effect upon becoming a law.

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