Florida Senate - 2027 (NP) SB 30
By Senator DiCeglie
18-00055A-27 202730__
1 A bill to be entitled
2 An act for the relief of the Estate of Lisa-Maria
3 Carter; providing an appropriation to compensate the
4 estate for injuries and damages sustained by Ms.
5 Carter as a result of the negligence of physicians
6 employed by the Board of Trustees of the University of
7 South Florida; providing a limitation on compensation
8 and the payment of attorney fees; providing an
9 effective date.
10
11 WHEREAS, on November 1, 2010, Lisa-Maria Carter underwent a
12 laparoscopic hysterectomy and related gynecological surgical
13 procedures at Tampa General Hospital, performed by physicians
14 employed by the Board of Trustees of the University of South
15 Florida, and
16 WHEREAS, the surgery was expected to be a routine,
17 minimally invasive procedure, and Ms. Carter was to be
18 discharged following her postoperative recovery, and
19 WHEREAS, during the surgical procedure, Ms. Carter
20 sustained an injury to her small intestine which was not
21 recognized before the completion of the operation, and
22 WHEREAS, in the days after the surgery, Ms. Carter
23 experienced severe abdominal pain, hypotension, tachycardia,
24 respiratory distress, persistent signs of infection, abdominal
25 distention, worsening laboratory findings, and other clinical
26 indicators demonstrating that she was suffering from a
27 catastrophic postoperative complication, and
28 WHEREAS, despite repeated evaluations and the continued
29 deterioration of her condition, the small intestine injury was
30 not timely diagnosed or surgically repaired, allowing intestinal
31 contents to leak into the abdominal cavity, which resulted in
32 sepsis, septic shock, and multiple life-threatening
33 complications, and
34 WHEREAS, physicians employed by the Board of Trustees of
35 the University of South Florida transferred Ms. Carter to the
36 intensive care unit to manage her deteriorating condition,
37 including the use of vasopressors, while continuing to direct
38 and manage her medical care and remaining responsible for
39 prescribing appropriate antibiotic treatment, which was not
40 timely provided, and
41 WHEREAS, expert testimony in a court of law established
42 that Ms. Carter was in septic shock before being transferred to
43 the intensive care unit while under the care of physicians
44 employed by the Board of Trustees of the University of South
45 Florida, yet antibiotics were not timely prescribed, and
46 WHEREAS, emergency exploratory surgery ultimately revealed
47 a significant small intestine injury with extensive
48 contamination throughout the abdominal cavity, requiring
49 immediate surgical intervention and prolonged critical care
50 treatment, and
51 WHEREAS, as a result of septic shock and the failure to
52 timely prescribe antibiotics, Ms. Carter suffered catastrophic
53 injuries, and
54 WHEREAS, before these events, Ms. Carter was an
55 accomplished professional preparing to deploy to Iraq as a
56 civilian intelligence analyst supporting the United States
57 Department of Defense, and the injuries she sustained
58 permanently ended her career, eliminated her earning capacity,
59 and fundamentally altered every aspect of her life, and
60 WHEREAS, Ms. Carter filed suit against the Board of
61 Trustees of the University of South Florida in the Circuit Court
62 of the 13th Judicial Circuit in and for Hillsborough County,
63 case number 12-CA-009942, alleging medical negligence in the
64 medical care rendered by physicians employed by the Board of
65 Trustees of the University of South Florida, and
66 WHEREAS, on January 26, 2018, a jury returned a verdict in
67 favor of Ms. Carter in the amount of $109,760,930, plus taxable
68 costs and attorney fees as awarded by the court, and
69 WHEREAS, the Board of Trustees of the University of South
70 Florida appealed the verdict and resulting judgment, arguing
71 that the intensive care unit physicians should have been
72 included on the verdict form pursuant to Fabre, notwithstanding
73 the Board of Trustees’ contractual responsibility for such
74 physicians negligence and the hospital’s continued management of
75 Ms. Carter’s care during her hospitalization, and
76 WHEREAS, the Second District Court of Appeal reversed the
77 judgment and remanded the matter for a new trial after
78 concluding that the intensive care unit physicians should have
79 been included on the verdict form, and
80 WHEREAS, following subsequent proceedings, on December 29,
81 2021, a final judgment was entered against the Board of Trustees
82 of the University of South Florida in the amount of $1.05
83 million, which is subject to the sovereign immunity limitations
84 contained in s. 768.28, Florida Statutes (2010), and
85 WHEREAS, following the entry of the final judgment, Ms.
86 Carter died, and Artis D. Carter II was duly appointed the
87 personal representative of the Estate of Lisa-Maria Carter, and
88 WHEREAS, the Board of Trustees of the University of South
89 Florida has taken the position that no payment of the judgment
90 will be made absent legislative authorization through the
91 enactment of a claims bill, and
92 WHEREAS, this claim bill is for the recovery of the excess
93 judgment in the amount of $850,000, NOW, THEREFORE,
94
95 Be It Enacted by the Legislature of the State of Florida:
96
97 Section 1. The facts stated in the preamble to this act are
98 found and declared to be true.
99 Section 2. The sum of $850,000 is appropriated from the
100 General Revenue Fund to the Board of Trustees of the University
101 of South Florida for the relief of the Estate of Lisa-Maria
102 Carter for injuries and damages sustained, by and through the
103 estate’s personal representative, Artis D. Carter II.
104 Section 3. The Chief Financial Officer is directed to draw
105 a warrant in favor of the Estate of Lisa-Maria Carter in the sum
106 of $850,000 upon funds of the Board of Trustees of the
107 University of South Florida in the State Treasury and to pay the
108 same out of such funds in the State Treasury.
109 Section 4. The amount paid by the Board of Trustees of the
110 University of South Florida pursuant to s. 768.28, Florida
111 Statutes (2010), and the amount awarded under this act are
112 intended to provide the sole compensation for all present and
113 future claims arising out of the factual situation described in
114 this act which resulted in injuries and damages to Lisa-Maria
115 Carter. The total amount paid for attorney fees relating to this
116 claim may not exceed 25 percent of the total amount awarded
117 under this act.
118 Section 5. This act shall take effect upon becoming a law.