Florida Senate - 2021                              (NP)    SB 26
       By Senator Cruz
       18-00086-21                                             202126__
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Crystle Marie
    3         Galloway by the Hillsborough County Board of County
    4         Commissioners; providing for an appropriation to
    5         compensate the estate for injuries sustained by
    6         Crystle Marie Galloway and her survivors as a result
    7         of the negligence of employees of the Hillsborough
    8         County Board of County Commissioners; providing a
    9         limitation on the payment of fees; providing an
   10         effective date.
   12         WHEREAS, on or about June 27, 2018, Crystle Marie Galloway
   13  gave birth to her son, Jacob Aiden Flowers, via caesarean
   14  section and was discharged from the hospital on or about June
   15  29, 2018, and
   16         WHEREAS, on or about July 4, 2018, at approximately 3:02
   17  a.m., Ms. Galloway’s mother, Nicole Black, contacted the
   18  Hillsborough County Fire Rescue emergency dispatch center via
   19  911 to request medical assistance for Ms. Galloway, and
   20         WHEREAS, during the 911 call, Ms. Black requested an
   21  ambulance for her daughter, advising the dispatcher that Ms.
   22  Galloway had recently given birth and that she was found
   23  unconscious in the bathroom with swollen lips and drool coming
   24  out of her mouth, and
   25         WHEREAS, the nature of the emergency was classified as a
   26  stroke or cerebrovascular accident, and at approximately 3:05
   27  a.m., four paramedics employed by Hillsborough County Fire
   28  Rescue were dispatched to Ms. Galloway’s home and arrived at
   29  approximately 3:17 a.m., and
   30         WHEREAS, two deputies from the Hillsborough County
   31  Sheriff’s office who first arrived at Ms. Galloway’s home in
   32  response to the 911 call advised the paramedics employed by
   33  Hillsborough County Fire Rescue that Ms. Galloway was
   34  complaining of a headache and sensitivity to light and sound,
   35  had not consumed any medication or alcohol, and had given birth
   36  via caesarean section a few days earlier, and
   37         WHEREAS, although the paramedics employed by Hillsborough
   38  County Fire Rescue observed Ms. Galloway crying, complaining of
   39  a headache, and vomiting, they did not take Ms. Galloway’s
   40  vitals or perform any physical examination of her, and
   41         WHEREAS, the paramedic employed by Hillsborough County Fire
   42  Rescue who was in charge of the rescue remarked that Ms.
   43  Galloway looked like she had “too much to drink” and refused to
   44  take her to the hospital in the ambulance, stating that Ms.
   45  Black could take Ms. Galloway to the hospital herself, and
   46         WHEREAS, at 3:30 a.m., approximately 13 minutes after
   47  arriving at Ms. Galloway’s home, the paramedics employed by
   48  Hillsborough County Fire Rescue left without Ms. Galloway and
   49  reported the incident as “Nontransport/No Patient Found” and
   50  “Nontransport/Cancel,” and
   51         WHEREAS, while Ms. Black was transporting Ms. Galloway to
   52  the hospital in her personal vehicle, Ms. Galloway began having
   53  seizures, and a CT scan of her brain performed at the emergency
   54  room later revealed an acute subarachnoid hemorrhage, most
   55  likely secondary to an aneurysm, and
   56         WHEREAS, as the facility where Ms. Galloway was first
   57  admitted was not equipped to handle the required neurological
   58  interventions, Ms. Galloway was later transported to Tampa
   59  General Hospital, where she underwent a cerebral angiogram with
   60  coil placement into the aneurysm, and
   61         WHEREAS, despite efforts by physicians at Tampa General
   62  Hospital to treat Ms. Galloway, she passed away on July 9, 2018,
   63  and
   64         WHEREAS, as the Hillsborough County Board of County
   65  Commissioners provides emergency medical and health care
   66  services to its residents through entities that include
   67  Hillsborough County Fire Rescue, paramedics employed by
   68  Hillsborough County Fire Rescue are employees and agents of the
   69  Hillsborough County Board of County Commissioners, and
   70         WHEREAS, such employees of the Hillsborough County Board of
   71  County Commissioners had a duty to use reasonable care in the
   72  treatment of Ms. Galloway, and
   73         WHEREAS, such employees of the Hillsborough County Board of
   74  County Commissioners breached that duty by deviating from the
   75  acceptable and appropriate standards of care and providing
   76  inadequate care to Ms. Galloway, and
   77         WHEREAS, the Estate of Crystle Marie Galloway alleged,
   78  through a lawsuit filed October 17, 2019, in the Circuit Court
   79  of the Thirteenth Judicial Circuit in and for Hillsborough
   80  County, that the negligence of the Hillsborough County Board of
   81  County Commissioners, through its employees, was the proximate
   82  cause of Ms. Galloway’s death, and
   83         WHEREAS, following the filing of the lawsuit, the
   84  Hillsborough County Board of County Commissioners and the Estate
   85  of Crystle Marie Galloway reached a settlement agreement in the
   86  amount of $2.75 million, of which $300,000 will be paid to the
   87  Estate of Crystle Marie Galloway pursuant to the limits of
   88  liability set forth in s. 768.28, Florida Statutes, and the
   89  remainder is conditioned upon the passage of a claim bill, which
   90  is agreed to by the Hillsborough County Board of County
   91  Commissioners, in the amount of $2.45 million, NOW, THEREFORE,
   93  Be It Enacted by the Legislature of the State of Florida:
   95         Section 1. The facts stated in the preamble to this act are
   96  found and declared to be true.
   97         Section 2. The Hillsborough County Board of County
   98  Commissioners is authorized and directed to appropriate from
   99  funds of the county not otherwise encumbered and to draw a
  100  warrant in the sum of $2.45 million payable to Nicole Black as
  101  personal representative of the Estate of Crystle Marie Galloway
  102  as compensation for injuries and damages sustained.
  103         Section 3. The amount paid by the Hillsborough County Board
  104  of County Commissioners pursuant to s. 768.28, Florida Statutes,
  105  and the amount awarded under this act are intended to provide
  106  the sole compensation for all present and future claims arising
  107  out of the factual situation described in this act which
  108  resulted in the death of Crystle Marie Galloway, including
  109  injuries and damages to the Estate of Crystle Marie Galloway and
  110  her survivors. Of the amount awarded under this act, the total
  111  amount paid for attorney fees relating to this claim may not
  112  exceed 25 percent of the amount awarded under this act.
  113         Section 4. This act shall take effect upon becoming a law.