HB 805

1	A bill to be entitled
2	An act for the relief of Yvonne Morton; providing an
3	appropriation to compensate her for injuries and
4	damages sustained as a result of the negligence of an
5	employee of the Department of Health; providing a
6	limitation on the payment of fees and costs; providing
7	an effective date.
8
9	WHEREAS, on January 2, 2007, Yvonne Morton was driving her
10	automobile on Pinellas Avenue South in Tarpon Springs, Pinellas
11	County, when she was struck by William Herbert, a pharmacy
12	inspector for the Division of Medical Quality Assurance in the
13	Department of Health. Mr. Herbert was driving an automobile
14	owned by the Department of Health in the course and scope of his
15	employment, and
16	WHEREAS, Mr. Herbert failed to yield at a stop sign and
17	pulled out in front of Ms. Morton's vehicle, causing a
18	substantial collision. Mr. Herbert was issued a traffic citation
19	for failure to yield at a stop sign and violating Ms. Morton's
20	right of way, and
21	WHEREAS, Ms. Morton was transported by air to the Bayfront
22	Medical Center in St. Petersburg and remained a patient at
23	Bayfront until January 31, 2007. Ms. Morton, who was 85 years
24	old at the time of the collision, was determined to have
25	sustained multiple injuries, including multiple fractured ribs,
26	a scalp hematoma, and neck injuries later diagnosed as central
27	cord syndrome. During her hospital stay, her neurosurgeon, David
28	M. McKalip, M.D., performed surgery on her neck. During the
29	surgical procedure, described as a C5-C6 lateral mass
30	instrumentation and fusion, metal hardware, including screws,
31	rods, and a crosslink, were implanted, and
32	WHEREAS, upon discharge, Ms. Morton was transported by
33	ambulance to Manor Care of Palm Harbor, a nursing facility in
34	Palm Harbor, Florida. Ms. Morton resided at Manor Care until
35	February 6, 2007, when she was transported by ambulance to Mease
36	Countryside Hospital for dyspnea with the suspected cause being
37	a pulmonary embolus due to lengthy bed rest. She remained at
38	Mease until February 17, 2007, when she was discharged to a new
39	nursing facility, Orchard Ridge Rehabilitation in New Port
40	Richey, for continued rehabilitation of her injuries, and
41	WHEREAS, Ms. Morton resided at Orchard Ridge until August
42	9, 2007, when she was transported to La Casa Grande, an assisted
43	living facility also located in New Port Richey, where she
44	continues to reside. Her average monthly living expenses at the
45	facility are currently $3,531.60, and
46	WHEREAS, prior to the accident, Ms. Morton was independent
47	and self-sufficient, living on her own in her own home, driving
48	her own car, and exercising regularly. Following the accident,
49	she has been confined to hospitals, nursing homes, and, now, an
50	assisted living facility. The injuries she sustained have caused
51	her to depend on others for the performance of most of the
52	activities of daily living, and have caused such difficulty and
53	inability to ambulate that she now is confined to a wheelchair,
54	and
55	WHEREAS, Ms. Morton's total medical expenses incurred as a
56	result of the accident, including hospitalizations, physician
57	services, surgical services, diagnostic imaging studies, air and
58	ambulance transportation, nursing home residency fees, and
59	assisted living facility fees, through July 31, 2009, amount to
60	approximately $570,000, and
61	WHEREAS, Ms. Morton's personal automobile insurer, State
62	Farm Mutual Automobile Insurance Company, has paid $10,000
63	toward her medical bills in personal injury protection benefits
64	and $100,000 in uninsured/underinsured motorist benefits.
65	Humana, the American Association of Retired Persons, and
66	Medicare have also paid portions of her bills and these
67	organizations retain subrogation interests on any recovery made
68	by Ms. Morton, and
69	WHEREAS, a lawsuit was filed by the law firm of Lucas,
70	Green, and Magazine on behalf of Ms. Morton in the Circuit Court
71	of Pinellas County, Case No. 07-9114-C-13, against the State of
72	Florida, Department of Health. In that lawsuit, the department
73	admitted liability and took the position that its employee,
74	William Hebert, was solely at fault for the accident. The
75	parties entered into a settlement under which the department
76	will pay its statutory limit of liability of $100,000 pursuant
77	to s. 768.28, Florida Statutes, and the department agreed not to
78	contest or oppose any claim bill on behalf of Ms. Morton as long
79	as the claim bill did not seek compensation in excess of an
80	additional $650,000, NOW, THEREFORE,
81
82	Be It Enacted by the Legislature of the State of Florida:
83
84	Section 1.  The facts stated in the preamble to this act
85	are found and declared to be true.
86	Section 2.  The sum of $650,000 is appropriated from the
87	General Revenue Fund to the Department of Health for the relief
88	of Yvonne Morton for injuries and damages sustained as a result
89	of the negligence of an employee of the Department of Health.
90	Section 3.  The Chief Financial Officer is directed to draw
91	a warrant in favor of Yvonne Morton in the sum of $650,000 upon
92	funds of the Department of Health in the State Treasury, and to
93	pay the same out of such funds in the State Treasury.
94	Section 4.  The amount paid by the Department of Health
95	pursuant to s. 768.28, Florida Statutes, and the amount awarded
96	under this act are intended to provide the sole compensation for
97	all present and future claims arising out of the factual
98	situation described in this act which resulted in the injuries
99	and damages to Yvonne Morton. The total amount paid for
100	attorney's fees, lobbying fees, costs, and other expenses
101	relating to this claim may not exceed 25 percent of the total
102	amount awarded under this act.
103	Section 5.  This act shall take effect upon becoming a law.

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