Florida Senate - 2021 (NP) SB 34 By Senator Diaz 36-00078-21 202134__ 1 A bill to be entitled 2 An act for the relief of Jamiyah Mitchell, Latricia 3 Mitchell, and Jerald Mitchell by the South Broward 4 Hospital District; providing an appropriation to 5 compensate them for injuries and damages sustained as 6 a result of the negligence of the South Broward 7 Hospital District; providing a limitation on the 8 payment of attorney fees; providing an effective date. 9 10 WHEREAS, on October 8, 2008, Latricia Mitchell, who was 11 pregnant, went to Memorial Hospital West, operated by the South 12 Broward Hospital District, with pain, vaginal bleeding, and 13 contractions, and 14 WHEREAS, fetal monitoring tracings, which began at 4:33 15 p.m., reflected a fetal tachycardia, minimal fetal heart rate 16 variability, and the absence of accelerations, and 17 WHEREAS, at approximately 5:54 p.m., Mrs. Mitchell was 18 admitted to Memorial Hospital West, and 19 WHEREAS, medical records reflect that at 6:29 p.m., 20 continued fetal tachycardia, minimal fetal heart rate 21 variability, the absence of accelerations, and variable 22 decelerations were present, and 23 WHEREAS, the minimal variability and absence of 24 acceleration observations continued until approximately 8:44 25 p.m., when Jamiyah Mitchell was finally delivered by caesarean 26 section, and 27 WHEREAS, the hospital’s records indicate the caesarean 28 section was performed due to a nonreassuring fetal heart rate, 29 and 30 WHEREAS, upon Jamiyah’s birth, there was a presence of 31 meconium-stained fluids, a sign of fetal asphyxiation, and her 32 Apgar score was 3 out of 10, and 33 WHEREAS, Jamiyah suffered a left hemisphere stroke, began 34 having seizures immediately at birth, and was cared for in the 35 neonatal intensive care unit for 7 days after her birth for 36 respiratory distress and seizure activity, and 37 WHEREAS, Jamiyah was also diagnosed with fetal hypoxic 38 ischemic encephalopathy, and magnetic resonance imaging of her 39 brain at 4 days old showed objective findings of a stroke in the 40 left hemisphere of the brain and a hemorrhage of the occipital 41 horn of the right lateral ventricle, and 42 WHEREAS, today, Jamiyah Mitchell is 11 years old and, while 43 she is able to walk and function in most aspects of everyday 44 life for an average girl her age, she suffers from attention 45 deficit/hyperactivity disorder and has a learning disability, 46 and 47 WHEREAS, on or about October 10, 2013, Latricia Mitchell 48 and Jerald Mitchell, Mrs. Mitchell’s spouse and Jamiyah’s 49 father, individually and on behalf of Jamiyah Mitchell, filed a 50 legal action in the Circuit Court of the 17th Judicial Circuit, 51 in and for Broward County, Case No. 14-005044, against the South 52 Broward Hospital District and other parties, alleging, in part, 53 negligence of the district in failing to establish adequate 54 protocols and procedures for the admission, monitoring, 55 evaluation, testing, and referral to medical specialists of 56 mothers presenting with risk factors for fetal distress, 57 including timely caesarean section and appropriate oxygenation 58 and ventilation, and 59 WHEREAS, on or about July 3, 2019, the Mitchells and the 60 South Broward Hospital District entered into a settlement 61 agreement, and 62 WHEREAS, the settlement agreement provides for the payment 63 of $200,000 by the South Broward Hospital District to the 64 Mitchells pursuant to the statutory limit under s. 768.28, 65 Florida Statutes; the entry of a consent judgment in the amount 66 of $995,000 which limits execution to $795,000; and the South 67 Broward Hospital District’s agreement that it supports a claim 68 bill in the amount of $795,000, NOW, THEREFORE, 69 70 Be It Enacted by the Legislature of the State of Florida: 71 72 Section 1. The facts stated in the preamble to this act are 73 found and declared to be true. 74 Section 2. The South Broward Hospital District is 75 authorized and directed to appropriate from funds not otherwise 76 encumbered and to draw a warrant in the sum of $795,000 payable 77 to Jamiyah Mitchell, Latricia Mitchell, and Jerald Mitchell as 78 compensation for injuries and damages sustained. 79 Section 3. The amount paid by the South Broward Hospital 80 District pursuant to s. 768.28, Florida Statutes, and the amount 81 awarded under this act are intended to provide the sole 82 compensation for all present and future claims arising out of 83 the factual situation described in this act which resulted in 84 injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 85 Jerald Mitchell. The total amount paid for attorney fees 86 relating to this claim may not exceed 25 percent of the amount 87 awarded under this act. 88 Section 4. This act shall take effect upon becoming a law.