Florida Senate - 2022 (NP) SB 76 By Senator Gruters 23-00242-22 202276__ 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 Latricia Mitchell and Jerald Mitchell, 6 individually and as legal guardians of Jamiyah 7 Mitchell, for injuries and damages sustained as a 8 result of the negligence of the South Broward Hospital 9 District; providing a limitation on the payment of 10 compensation and attorney fees; providing an effective 11 date. 12 13 WHEREAS, on October 8, 2008, Latricia Mitchell, who was 14 pregnant, went to Memorial Hospital West, operated by the South 15 Broward Hospital District, with pain, vaginal bleeding, and 16 contractions, and 17 WHEREAS, fetal monitoring tracings, which began at 4:33 18 p.m., reflected a fetal tachycardia, minimal fetal heart rate 19 variability, and the absence of accelerations, and 20 WHEREAS, at approximately 5:54 p.m., Latricia Mitchell was 21 admitted to Memorial Hospital West, and 22 WHEREAS, medical records reflect that, at 6:29 p.m., 23 continued fetal tachycardia, minimal fetal heart rate 24 variability, the absence of accelerations, and variable 25 decelerations were present, and 26 WHEREAS, the minimal variability and absence of 27 acceleration observations continued until approximately 8:44 28 p.m., when Jamiyah Mitchell was finally delivered by caesarean 29 section, and 30 WHEREAS, the hospital’s records indicate that the caesarean 31 section was performed due to a nonreassuring fetal heart rate, 32 and 33 WHEREAS, upon Jamiyah’s birth, there was a presence of 34 meconium-stained fluids, a sign of fetal asphyxiation, and her 35 Apgar score was 3 out of 10, and 36 WHEREAS, Jamiyah suffered a left hemisphere stroke, began 37 having seizures immediately at birth, and was cared for in the 38 neonatal intensive care unit for 7 days after her birth for 39 respiratory distress and seizure activity, and 40 WHEREAS, Jamiyah was also diagnosed with fetal hypoxic 41 ischemic encephalopathy, and magnetic resonance imaging of her 42 brain at 4 days old showed objective findings of a stroke in the 43 left hemisphere of the brain and a hemorrhage of the occipital 44 horn of the right lateral ventricle, and 45 WHEREAS, today, Jamiyah is 12 years old and, while she is 46 able to walk and function in most aspects of everyday life for 47 an average girl her age, she suffers from attention 48 deficit/hyperactivity disorder and has a learning disability, 49 and 50 WHEREAS, on or about October 10, 2013, Latricia Mitchell 51 and Jerald Mitchell, Latricia Mitchell’s spouse and Jamiyah’s 52 father, individually and on behalf of Jamiyah Mitchell, filed a 53 legal action in the Circuit Court of the 17th Judicial Circuit, 54 in and for Broward County, Case No. 14-005044, against the South 55 Broward Hospital District and other parties, alleging, in part, 56 negligence of the district in failing to establish adequate 57 protocols and procedures for the admission, monitoring, 58 evaluation, testing, and referral to medical specialists of 59 mothers presenting with risk factors for fetal distress, 60 including timely caesarean section and appropriate oxygenation 61 and ventilation, and 62 WHEREAS, on or about July 3, 2019, Latricia and Jerald 63 Mitchell, individually and as legal guardians of Jamiyah 64 Mitchell, and the South Broward Hospital District entered into a 65 settlement agreement, and 66 WHEREAS, the settlement agreement provides for the payment 67 of $200,000 by the South Broward Hospital District to Latricia 68 and Jerald Mitchell, individually and as legal guardians of 69 Jamiyah Mitchell, pursuant to the statutory limit under s. 70 768.28, Florida Statutes; the entry of a consent judgment in the 71 amount of $995,000 which limits execution to $795,000; and the 72 South Broward Hospital District’s agreement that it supports a 73 claim bill in the amount of $795,000, NOW, THEREFORE, 74 75 Be It Enacted by the Legislature of the State of Florida: 76 77 Section 1. The facts stated in the preamble to this act are 78 found and declared to be true. 79 Section 2. The South Broward Hospital District is 80 authorized and directed to appropriate from funds not otherwise 81 encumbered and to draw a warrant in the sum of $795,000 payable 82 to Latricia and Jerald Mitchell, individually and as legal 83 guardians of Jamiyah Mitchell, as compensation for injuries and 84 damages sustained. 85 Section 3. The amount paid by the South Broward Hospital 86 District pursuant to s. 768.28, Florida Statutes, and the amount 87 awarded under this act are intended to provide the sole 88 compensation for all present and future claims arising out of 89 the factual situation described in this act which resulted in 90 injuries and damages to Jamiyah Mitchell, Latricia Mitchell, and 91 Jerald Mitchell. The total amount paid for attorney fees 92 relating to this claim may not exceed 25 percent of the amount 93 awarded under this act. 94 Section 4. This act shall take effect upon becoming a law.