Florida Senate - 2027                              (NP)    SB 38
       
       
        
       By Senator Grall
       
       
       
       
       
       29-00057-27                                             202738__
    1                        A bill to be entitled                      
    2         An act for the relief of Elijah Brinson by the Public
    3         Health Trust of Miami-Dade County, d/b/a Jackson
    4         Memorial Hospital; providing for an appropriation to
    5         compensate him for injuries sustained as a result of
    6         the negligence of employees of the Public Health Trust
    7         of Miami-Dade County; providing a limitation on the
    8         payment of compensation and attorney fees; providing
    9         an effective date.
   10  
   11         WHEREAS, in September 2016, Elijah Brinson was admitted to
   12  Jackson Memorial Hospital for treatment of a descending aortic
   13  dissection that resulted in paraplegia, and
   14         WHEREAS, Mr. Brinson underwent surgery and while receiving
   15  inpatient postoperative care at Jackson Memorial Hospital, the
   16  nursing staff failed to reposition Mr. Brinson in his hospital
   17  bed at appropriate intervals, causing Mr. Brinson to develop
   18  progressive decubitus ulcers, commonly referred to as bedsores,
   19  and
   20         WHEREAS, the progressive decubitus ulcers resulted in
   21  permanent and significant scarring and disfigurement and loss of
   22  tissue and bone, for which Mr. Brinson had to undergo several
   23  related surgeries, and
   24         WHEREAS, Mr. Brinson filed a lawsuit in the Circuit Court
   25  of the Eleventh Judicial Circuit in and for Miami-Dade County
   26  under case number 2019029346CA01 against the Public Health
   27  Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital, and
   28  other parties, alleging, in part, that the negligence of the
   29  employees of Jackson Memorial Hospital was the direct and
   30  proximate cause of the injuries to Mr. Brinson, and
   31         WHEREAS, while the case was resolved as to the other
   32  defendants, a jury found Jackson Memorial Hospital was 92
   33  percent liable for the harm caused to Mr. Brinson, resulting in
   34  an adjusted final judgment in favor of Mr. Brinson in the amount
   35  of $690,000, plus interest, and taxable costs in the amount of
   36  $58,537.35, plus interest, and
   37         WHEREAS, the Public Health Trust of Miami-Dade County has
   38  paid the statutory limit of $200,000 in damages under s. 768.28,
   39  Florida Statutes, and
   40         WHEREAS, this claim bill is for recovery of the excess
   41  judgment in favor of Mr. Brinson, in the amount of $490,000,
   42  NOW, THEREFORE,
   43  
   44  Be It Enacted by the Legislature of the State of Florida:
   45  
   46         Section 1. The facts stated in the preamble to this act are
   47  found and declared to be true.
   48         Section 2. The Public Health Trust of Miami-Dade County,
   49  d/b/a Jackson Memorial Hospital, is authorized and directed to
   50  appropriate from funds not otherwise encumbered and to draw a
   51  warrant in the amount of $490,000, plus applicable postjudgment
   52  interest accruing from April 13, 2023, payable to Elijah Brinson
   53  as compensation for injuries and damages sustained.
   54         Section 3. The amount paid by the Public Health Trust of
   55  Miami-Dade County pursuant to s. 768.28, Florida Statutes, and
   56  the amount awarded under this act are intended to provide the
   57  sole compensation for all present and future claims arising out
   58  of the factual situation described in this act which resulted in
   59  injuries and damages to Elijah Brinson. The total amount paid
   60  for attorney fees relating to this claim may not exceed 25
   61  percent of the total amount awarded under this act.
   62         Section 4. This act shall take effect upon becoming a law.