Bill Text: FL S0026 | 2021 | Regular Session | Comm Sub

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Bill Title: Relief of the Estate of Crystle Marie Galloway/Hillsborough County Board of County Commissioners

Spectrum: Slight Partisan Bill (Democrat 2-1)

Status: (Introduced - Dead) 2021-04-14 - Laid on Table, companion bill(s) passed, see CS/HB 6511 (Ch. 2021-267) [S0026 Detail]

Download: Florida-2021-S0026-Comm_Sub.html

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       Florida Senate - 2021                       (NP)    CS for SB 26
       
       
        
       By the Committee on Judiciary; and Senator Cruz
       
       
       
       
       
       590-03196-21                                            202126c1
    1                        A bill to be entitled                      
    2         An act for the relief of the Estate of Crystle Marie
    3         Galloway by the Hillsborough County Board of County
    4         Commissioners; providing for an appropriation to
    5         compensate the estate for injuries sustained by
    6         Crystle Marie Galloway and her survivors as a result
    7         of the negligence of employees of the Hillsborough
    8         County Board of County Commissioners; providing a
    9         limitation on the payment of fees; providing an
   10         effective date.
   11  
   12         WHEREAS, on or about June 27, 2018, Crystle Marie Galloway
   13  gave birth to her son, Jacob Aiden Flowers, via caesarean
   14  section and was discharged from the hospital on or about June
   15  29, 2018, and
   16         WHEREAS, on or about July 4, 2018, at approximately 3:02
   17  a.m., Ms. Galloway’s mother, Nicole Black, contacted the
   18  Hillsborough County Fire Rescue emergency dispatch center via
   19  911 to request medical assistance for Ms. Galloway, and
   20         WHEREAS, during the 911 call, Ms. Black requested an
   21  ambulance for her daughter, advising the dispatcher that Ms.
   22  Galloway had recently given birth and that she was found
   23  unconscious in the bathroom with swollen lips and drool coming
   24  out of her mouth, and
   25         WHEREAS, the nature of the emergency was classified as a
   26  stroke or cerebrovascular accident, and at approximately 3:05
   27  a.m., four paramedics employed by Hillsborough County Fire
   28  Rescue were dispatched to Ms. Galloway’s home and arrived at
   29  approximately 3:17 a.m., and
   30         WHEREAS, two deputies from the Hillsborough County
   31  Sheriff’s office who first arrived at Ms. Galloway’s home in
   32  response to the 911 call advised the paramedics employed by
   33  Hillsborough County Fire Rescue that Ms. Galloway was
   34  complaining of a headache and sensitivity to light and sound,
   35  had not consumed any medication or alcohol, and had given birth
   36  via caesarean section a few days earlier, and
   37         WHEREAS, although the paramedics employed by Hillsborough
   38  County Fire Rescue observed Ms. Galloway crying, complaining of
   39  a headache, and vomiting, they did not take Ms. Galloway’s
   40  vitals or perform any physical examination of her, and
   41         WHEREAS, at 3:30 a.m., approximately 13 minutes after
   42  arriving at Ms. Galloway’s home, the paramedics employed by
   43  Hillsborough County Fire Rescue left without Ms. Galloway and
   44  reported the incident as “Nontransport/No Patient Found” and
   45  “Nontransport/Cancel,” and
   46         WHEREAS, while Ms. Black was transporting Ms. Galloway to
   47  the hospital in her personal vehicle, Ms. Galloway began having
   48  seizures, and a CT scan of her brain performed at the emergency
   49  room later revealed an acute subarachnoid hemorrhage, most
   50  likely secondary to an aneurysm, and
   51         WHEREAS, as the facility where Ms. Galloway was first
   52  admitted was not equipped to handle the required neurological
   53  interventions, Ms. Galloway was later transported to Tampa
   54  General Hospital, where she underwent a cerebral angiogram with
   55  coil placement into the aneurysm, and
   56         WHEREAS, despite efforts by physicians at Tampa General
   57  Hospital to treat Ms. Galloway, she passed away on July 9, 2018,
   58  and
   59         WHEREAS, as the Hillsborough County Board of County
   60  Commissioners provides emergency medical and health care
   61  services to its residents through entities that include
   62  Hillsborough County Fire Rescue, paramedics employed by
   63  Hillsborough County Fire Rescue are employees and agents of the
   64  Hillsborough County Board of County Commissioners, and
   65         WHEREAS, such employees of the Hillsborough County Board of
   66  County Commissioners had a duty to use reasonable care in the
   67  treatment of Ms. Galloway, and
   68         WHEREAS, such employees of the Hillsborough County Board of
   69  County Commissioners breached that duty by deviating from the
   70  acceptable and appropriate standards of care in providing
   71  inadequate care to Ms. Galloway, and
   72         WHEREAS, the Estate of Crystle Marie Galloway alleged,
   73  through a lawsuit filed October 17, 2019, in the Circuit Court
   74  of the Thirteenth Judicial Circuit in and for Hillsborough
   75  County, that the negligence of the Hillsborough County Board of
   76  County Commissioners, through its employees, was the proximate
   77  cause of Ms. Galloway’s death, and
   78         WHEREAS, following the filing of the lawsuit, the
   79  Hillsborough County Board of County Commissioners and the Estate
   80  of Crystle Marie Galloway reached a settlement agreement in the
   81  amount of $2.75 million, of which $300,000 has been paid to the
   82  Estate of Crystle Marie Galloway pursuant to the limits of
   83  liability set forth in s. 768.28, Florida Statutes, and the
   84  remainder is conditioned upon the passage of a claim bill, which
   85  is agreed to by the Hillsborough County Board of County
   86  Commissioners, in the amount of $2.45 million, NOW, THEREFORE,
   87  
   88  Be It Enacted by the Legislature of the State of Florida:
   89  
   90         Section 1. The facts stated in the preamble to this act are
   91  found and declared to be true.
   92         Section 2. The Hillsborough County Board of County
   93  Commissioners is authorized and directed to appropriate from
   94  funds of the county not otherwise encumbered and to draw a
   95  warrant in the sum of $2.45 million payable to Nicole Black as
   96  personal representative of the Estate of Crystle Marie Galloway
   97  as compensation for injuries and damages sustained.
   98         Section 3. The amount paid by the Hillsborough County Board
   99  of County Commissioners pursuant to s. 768.28, Florida Statutes,
  100  and the amount awarded under this act are intended to provide
  101  the sole compensation for all present and future claims arising
  102  out of the factual situation described in this act which
  103  resulted in the death of Crystle Marie Galloway, including
  104  injuries and damages to the Estate of Crystle Marie Galloway and
  105  her survivors. Of the amount awarded under this act, the total
  106  amount paid for attorney fees relating to this claim may not
  107  exceed $612,500, the total amount paid for lobbying fees may not
  108  exceed $122,500, and the total amount paid for costs or other
  109  similar expenses may not exceed $20,906.04.
  110         Section 4. This act shall take effect upon becoming a law.