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.