Bill Text: FL S0042 | 2018 | Regular Session | Introduced
Bill Title: Relief of Vonshelle Brothers by the Department of Health
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-03-08 - Laid on Table, refer to HB 6505 [S0042 Detail]
Download: Florida-2018-S0042-Introduced.html
Florida Senate - 2018 (NP) SB 42
By Senator Rodriguez
37-00065-18 201842__
1 A bill to be entitled
2 An act for the relief of Vonshelle Brothers on behalf
3 of her daughter Iyonna Hughey; providing an
4 appropriation to compensate Iyonna Hughey for injuries
5 and damages sustained as a result of the alleged
6 negligence of the Brevard County Health Department, an
7 agency of the Department of Health; providing that
8 certain payments and the appropriation satisfy all
9 present and future claims related to the alleged
10 negligent acts; providing a limitation on the payment
11 of fees and costs; providing an effective date.
12
13 WHEREAS, on March 16, 2010, Vonshelle Brothers visited a
14 location of the Brevard County Health Department for her initial
15 prenatal visit, during which a complete obstetrical and
16 gynecological exam was conducted, including a Pap smear, and
17 WHEREAS, the lab results of the exam were reported to be
18 within normal limits with the exception of the Pap smear, which
19 had tested negative for intraepithelial lesion or malignancy,
20 but showed cellular changes consistent with herpes simplex virus
21 and bacterial vaginosis, and
22 WHEREAS, despite the results of the Pap smear, the Brevard
23 County Health Department did not report the results to Vonshelle
24 Brothers, and
25 WHEREAS, Vonshelle Brothers continued to receive treatment
26 from the Brevard County Health Department through the duration
27 of her pregnancy until the birth of her daughter, Iyonna Hughey,
28 on October 14, 2010, at the Wuesthoff Medical Center, and both
29 were discharged from the hospital 2 days later in good
30 condition, and
31 WHEREAS, on November 1, 2010, Vonshelle Brothers brought
32 Iyonna to the emergency room at Wuesthoff Medical Center, citing
33 Iyonna’s lack of eating, weak condition, and fever, and
34 WHEREAS, a lumbar puncture was performed and cerebral
35 spinal fluid was collected which initially suggested that Iyonna
36 had meningitis, which prompted her transfer to the Arnold Palmer
37 Hospital for Children for further evaluation and management, and
38 WHEREAS, on November 3, 2010, the final results of the
39 cerebral spinal fluid collection were reported, and the fluid
40 had tested positive for herpes simplex type 2, and
41 WHEREAS, as a result of her diagnosis, Iyonna continues to
42 experience significant developmental delay and neurologic
43 impairment related to the herpes meningoencephalitis and has
44 required continued treatment, including physical therapy,
45 occupational and speech therapy, and neurologic and
46 ophthalmologic care, and
47 WHEREAS, Iyonna’s condition requires her to be under the
48 constant care and supervision of Vonshelle Brothers, and
49 WHEREAS, the Brevard County Health Department had a duty to
50 provide a reasonable level of care to Vonshelle Brothers and
51 Iyonna, but that duty was allegedly breached by the department’s
52 failure to disclose the presence of the herpes simplex virus in
53 Vonshelle Brothers and to order proper treatment of the virus,
54 which eventually resulted in Iyonna’s medical condition, and
55 WHEREAS, in June 2016, a final order was entered approving
56 a settlement in the sum of $3.2 million between Vonshelle
57 Brothers, individually and as parent and legal guardian of
58 Iyonna, and the Brevard County Health Department to settle all
59 claims arising out of the factual situation described in this
60 act, and
61 WHEREAS, the Department of Health has paid $200,000 to
62 Vonshelle Brothers under the statutory limits of liability set
63 forth in s. 768.28, Florida Statutes, and the parties have
64 agreed to a reduced settlement in the amount of $1 million, NOW,
65 THEREFORE,
66
67 Be It Enacted by the Legislature of the State of Florida:
68
69 Section 1. The facts stated in the preamble to this act are
70 found and declared to be true.
71 Section 2. The sum of $1 million is appropriated from the
72 General Revenue Fund to the Department of Health for the
73 Supplemental Care Trust for the Benefit of Iyonna Hughey or
74 other special needs trust for the exclusive use and benefit of
75 Iyonna Hughey.
76 Section 3. The Chief Financial Officer is directed to draw
77 a warrant in favor of the Supplemental Care Trust for the
78 Benefit of Iyonna Hughey or other special needs trust for the
79 exclusive use and benefit of Iyonna Hughey in the sum of $1
80 million upon funds of the Department of Health in the State
81 Treasury and to pay the same out of such funds in the State
82 Treasury.
83 Section 4. The amount paid by the Department of Health
84 pursuant to s. 768.28, Florida Statutes, and the amount awarded
85 under this act are intended to provide the sole compensation for
86 all present and future claims arising out of the factual
87 situation described in this act which resulted in injuries and
88 damages to Vonshelle Brothers and Iyonna Hughey. Of the amount
89 awarded under this act, the total amount paid for attorney fees
90 may not exceed $100,000, the total amount paid for lobbying fees
91 may not exceed $50,000, and the total amount paid for costs and
92 other similar expenses relating to this claim may not exceed
93 $2,214.
94 Section 5. This act shall take effect upon becoming a law.
