Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS/CS/HB 965, 1st Eng.
                                Barcode 533420                          
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Floor: WD            .                                
             03/07/2012 12:44 PM       .                                

       Senators Bennett and Richter moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. The facts stated in the preamble to this act are
    6  found and declared to be true.
    7         Section 2. Lee Memorial Health System, formerly known as
    8  the Hospital Board of Directors of Lee County, is authorized and
    9  directed to appropriate from its funds and to draw a warrant as
   10  compensation for the medical malpractice committed against Aaron
   11  Edwards in the lump sum of $7.25 million payable into an
   12  irrevocable special needs trust created for the exclusive use
   13  and benefit of Aaron Edwards and drawn in compliance with 42
   14  U.S.C. s. 1396p(d)(4)(A) and the state Medicaid program where
   15  Aaron Edwards is currently living.
   16         Section 3. The amount paid by Lee Memorial Health System
   17  pursuant to s. 768.28, Florida Statutes, and the amount awarded
   18  under this act are intended to provide the sole compensation for
   19  all present and future claims arising out of the factual
   20  situation described in this act which resulted in the injuries
   21  suffered by Aaron Edwards. The total amount paid for attorney
   22  fees, lobbying fees, costs, and other similar expenses relating
   23  to this claim is 10 percent of the total amount awarded under
   24  this act.
   25         Section 4. This act shall take effect upon becoming a law.
   27  ================= T I T L E  A M E N D M E N T ================
   28         And the title is amended as follows:
   29         Delete everything before the enacting clause
   30  and insert:
   31                        A bill to be entitled                      
   32         An act for the relief of Aaron Edwards, a minor, by
   33         Lee Memorial Health System of Lee County; providing
   34         for an appropriation to compensate Aaron Edwards for
   35         damages sustained as a result of the medical
   36         negligence by employees of Lee Memorial Health System
   37         of Lee County; providing for payment of fees and
   38         costs; providing an effective date.
   40         WHEREAS, Aaron Edwards was born on September 5, 1997, at
   41  Lee Memorial Hospital, and
   42         WHEREAS, Aaron Edwards suffered permanent injuries to his
   43  brain as a consequence of an acute hypoxic ischemic episode at
   44  birth, and
   45         WHEREAS, after a 6-week trial, a jury in Lee County
   46  returned a verdict in favor of Aaron Edwards, finding Lee
   47  Memorial Health System 100 percent responsible for Aaron
   48  Edwards’ injuries and awarded a total of $28,477,966.48 to the
   49  Guardianship of Aaron Edwards, and
   50         WHEREAS, the court also awarded $174,969.65 in taxable
   51  costs, and
   52         WHEREAS, Lee Memorial Health System tendered $200,000
   53  toward payment of this claim, in accordance with the statutory
   54  limits of liability set forth in s. 768.28, Florida Statutes,