Florida Senate - 2015                       (NP)    CS for SB 60
       
       
        
       By the Committee on Judiciary; and Senator Simpson
       
       
       
       
       
       590-01674-15                                            201560c1
    1                        A bill to be entitled                      
    2         An act for the relief of Roy Wright and Ashley Wright
    3         by the North Brevard County Hospital District;
    4         providing for an appropriation to compensate Roy
    5         Wright and Ashley Wright, individually and as
    6         guardians of Tucker Wright, for injuries and damages
    7         sustained by Tucker Wright as a result of the
    8         negligence of Parrish Medical Center; providing a
    9         limitation on the payment of fees and costs; providing
   10         that certain payments and the appropriation satisfy
   11         all present and future claims related to the negligent
   12         act; providing an effective date.
   13  
   14         WHEREAS, on July 15, 2009, Ashley Wright, suffering from
   15  gestational diabetes, was admitted as a high-risk obstetrical
   16  patient at Parrish Medical Center, operated by the North Brevard
   17  County Hospital District, in Titusville, Florida, and
   18         WHEREAS, mothers with gestational diabetes are classified
   19  as high-risk obstetrical patients because their fetuses tend to
   20  be larger than normal and large fetuses are at risk for
   21  complications during the birth process, and
   22         WHEREAS, Ashley Wright’s care at Parrish Medical Center was
   23  provided by Vidya Hate, M.D., an obstetrician, and Cara Starkey,
   24  R.N., a midwife, both employees of Parrish Medical Center, and
   25         WHEREAS, on July 16, 2009, Ashley Wright was in labor with
   26  her unborn child, Tucker Wright, and Nurse Starkey failed to
   27  notify Dr. Hate of the impending delivery as previously
   28  instructed and delivered Tucker Wright herself without the
   29  presence, supervision, or assistance of Dr. Hate, and
   30         WHEREAS, complications arose during the delivery, and
   31  Tucker Wright developed shoulder dystocia, a condition in which
   32  the shoulder of a fetus becomes wedged on the mother’s pelvic
   33  bone as the fetus transits the birth canal, which condition is a
   34  known and recognized risk for mothers with gestational diabetes,
   35  and
   36         WHEREAS, Nurse Starkey attempted to resolve the shoulder
   37  dystocia by performing a McRoberts maneuver and a procedure in
   38  which the shoulders of a fetus are gently rotated by hand
   39  underneath the shoulders, allowing the shoulders to pass
   40  underneath the pelvic bone and out through the birth canal, and
   41         WHEREAS, Nurse Starkey negligently rotated the head of the
   42  fetus on the perineum, causing a brachial plexus injury to
   43  Tucker Wright which injured his right arm and will limit his
   44  activities and future career options, and
   45         WHEREAS, all parties to this claim agree that rotation of
   46  the head of a fetus on the perineum is an improper maneuver
   47  because rotation of the head with pressure can stretch and
   48  damage the nerves in a fetus’s neck which control the use of
   49  muscles in the arm, and
   50         WHEREAS, Tucker Wright has undergone two surgeries on his
   51  right shoulder and regained some use of his right arm but
   52  continues to be challenged with functional deficits that may be
   53  permanent, and
   54         WHEREAS, Roy Wright and Ashley Wright have incurred medical
   55  expenses on behalf of Tucker Wright in the amount of $320,016.91
   56  due to the injury caused by the negligence of Parrish Medical
   57  Center, and may incur additional expenses for surgeries needed
   58  as Tucker Wright grows older, and
   59         WHEREAS, on January 11, 2012, Roy Wright and Ashley Wright,
   60  individually and as guardians of Tucker Wright, filed suit
   61  against the North Brevard County Hospital District in the
   62  Circuit Court for Brevard County, Case No. 05-2012-CA-024060, to
   63  recover damages for the injuries sustained by Tucker Wright as a
   64  result of the negligence of Parrish Medical Center, and
   65         WHEREAS, the North Brevard County Hospital District, Roy
   66  Wright, and Ashley Wright agreed to settle the lawsuit for
   67  $595,000, and
   68         WHEREAS, the North Brevard County Hospital District paid
   69  $200,000 of the settlement pursuant to the statutory limits of
   70  liability set forth in s. 768.28, Florida Statutes, and there
   71  remains $395,000 of the settlement unsatisfied, and
   72         WHEREAS, the North Brevard County Hospital District does
   73  not oppose passage of this claim bill, 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 North Brevard County Hospital District is
   80  authorized and directed to appropriate from funds of the
   81  district not otherwise appropriated and to draw a warrant,
   82  payable to Roy Wright and Ashley Wright, individually and as
   83  guardians for Tucker Wright, for the total amount of $395,000 as
   84  compensation for injuries and damages sustained by Tucker Wright
   85  as a result of the negligence of Parrish Medical Center.
   86         Section 3. The total amount paid for attorney fees,
   87  lobbying fees, costs, and other similar expenses relating to
   88  this claim may not exceed 25 percent of the amount awarded under
   89  this act.
   90         Section 4. The amount paid by the North Brevard County
   91  Hospital District pursuant to s. 768.28, Florida Statutes, and
   92  the amount awarded under this act are intended to provide the
   93  sole compensation for all present and future claims arising out
   94  of the factual situation described in this act which resulted in
   95  the injuries to Tucker Wright.
   96         Section 5. This act shall take effect upon becoming a law.