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FL H0087

CL

Status

Failed

4/30/2010

Primary Sponsor

Ed Hooper

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Directs University of South Florida to pay $2 million to Joseph G. Donahey, Jr., and $1 million to Tena Donahey from the university's self-insurance fund to compensate for injuries sustained during spinal surgery on January 11, 1999, that resulted in total blindness.

  • Finds that the university and Dr. David Cahill were negligent in failing to disclose risks of the prolonged surgery (10+ hours), use of hypotensive anesthesia with dangerously low blood pressure and hemoglobin levels, the involvement of resident physicians and anesthesiologists with limited supervision, and the option of staged surgery on different days.

  • Establishes that attorney's fees, lobbying fees, costs, and similar expenses relating to this claim may not exceed 25 percent of the total amount awarded under the act.

  • Declares that the $200,000 previously paid under sovereign immunity caps plus the $3 million awarded by this act constitute sole compensation for all present and future claims arising from the surgical injuries.

  • Takes effect upon becoming law.

Legislative Description

Relief/Joseph G. & Tena Donahey/USF

Last Action

Died in Committee on Civil Justice & Courts Policy (CCJP)

4/30/2010

Committee Referrals

Civil Justice & Courts Policy10/1/2009

Full Bill Text

No bill text available