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FL H6015
CL
Status
2/20/2023
Primary Sponsor
Judiciary Committee
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AI Summary
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South Broward Hospital District shall appropriate and pay $795,000 to Mikel Taft, Trustee of the Special Needs Trust for the Benefit of Jamiyah Mitchell, as compensation for negligence related to her birth injuries.
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Payment resolves a settlement agreement from July 3, 2019, in Circuit Court Case No. 14-005044 (Broward County) alleging the hospital failed to establish adequate protocols for monitoring and managing mothers presenting with fetal distress risk factors.
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Jamiyah Mitchell suffered a left hemisphere stroke and seizures at birth after hospital staff did not timely perform a cesarean section despite documented fetal distress indicators from 4:33 p.m. to 8:44 p.m. on October 8, 2008.
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Combined with the $200,000 payment already made under Florida Statutes section 768.28, the total compensation of $995,000 (capped execution at $795,000) constitutes sole compensation for all present and future claims related to the injuries.
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Attorney fees are capped at $143,100, lobbying fees at $55,650, and costs and similar expenses at $35,240.66 from the appropriated amount.
Legislative Description
Relief/Jamiyah Mitchell/South Broward Hospital District
Last Action
Laid on Table; companion bill(s) passed, see CS/SB 16 (Ch. 2023-325)
4/28/2023