| 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 |
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| 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 |
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| 44 | Be It Enacted by the Legislature of the State of Florida: |
| 45 |
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| 46 | Section 1. The facts stated in the preamble to this act |
| 47 | are 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. |