Medical Malpractice Caps Take Another Hit
July 7, 2015
The case started with a dental assistant who went into surgery for carpal-tunnel syndrome and ended up suffering a perforated esophagus.
Now, nearly eight years later, the case could be another blow to a controversial 2003 law that limited the amounts of money injured patients can receive in medical-malpractice cases.
A South Florida appeals court ruled last week that the law’s limits on pain-and-suffering damages — known in legal parlance as non-economic damages — are unconstitutional in personal-injury cases, such as the case of Susan Kalitan, who was injured after tubes were inserted into her mouth and esophagus as part of an anesthesia process.
The 4th District Court of Appeal’s decision followed a Florida Supreme Court opinion last year that similarly rejected the malpractice law’s limits on non-economic damages in wrongful-death cases. The appeals court cited the Supreme Court’s opinion and said the damage limits violate equal-protection rights under the state Constitution.
The 14-page decision, issued by a three-judge panel of the appeals court, said the “caps are unconstitutional not only in wrongful death actions, but also in personal injury suits as they violate equal protection. … Whereas the caps on non-economic damages in (the section of state law) fully compensate those individuals with non-economic damages in an amount that falls below the caps, injured parties with non-economic damages in excess of the caps are not fully compensated.”
The ruling, written by appeals-court Judge Alan Forst and joined by Chief Judge Cory Ciklin and Judge W. Matthew Stevenson, said the appeal presented an issue of “first impression,” which means it is the first time the constitutional question has been decided. Defendants in the case can ask for a rehearing or appeal.
Then-Gov. Jeb Bush signed the medical-malpractice law in 2003 after a fierce, months-long political battle about limiting non-economic damages. Physicians, hospitals and their legislative supporters argued that the caps were needed because of soaring malpractice-insurance costs. But opponents, including plaintiffs’ attorneys, contended that limiting damages was unfair to injured patients.
Under the law, damages were capped at different amounts, depending on factors such as the numbers of claimants in lawsuits and the types of defendants. For example, part of the law included $500,000 and $1 million damage caps for physicians, with lower amounts when the cases involve emergency care.
Kalitan filed the malpractice case in 2008 in Broward County and named a series of defendants, including the North Broward Hospital District, an anesthesiologist, a certified registered nurse anesthetist and a company that contracted to provide anesthesiologists and staff to the hospital district.
A brief filed in the appeals court by Kalitan’s attorneys said anesthesia was used to put her “to sleep” for the outpatient carpal-tunnel surgery. When she awoke, she complained of chest and back pain but was later sent home. The brief said she was rushed to the hospital the next day, with an infection from the perforated esophagus and had to undergo chest and neck surgery. She was place in a drug-induced coma for three weeks while recovering.
A jury awarded Kalitan about $4.7 million, with $4 million of that in non-economic damages, according to court records. But a circuit judge, applying the caps from the 2003 law, reduced the non-economic damages award by about $2 million, which included amounts to be paid by various parties and a finding that Kalitan suffered a “catastrophic injury.” Such a finding can lead to larger damage amounts than in other malpractice cases.
In court briefs, attorneys for the defendants vehemently argued that the case did not meet the legal definition of a catastrophic injury.
But the appeals-court ruling focused on the broader constitutionality of the damage limits, saying that so “long as the caps discriminate between classes of medical malpractice victims, as they do in the personal injury context (where the claimants with little non-economic damage can be awarded all of their damages, in contrast to those claimants whose non-economic damages are deemed to exceed the level to which the caps apply), they are rendered unconstitutional by (last year’s Supreme Court opinion), notwithstanding the Legislature’s intentions.”
The court ordered reinstatement of the jury’s original damage award, though it noted that the final amount could be reduced because the North Broward Hospital District has “sovereign immunity.” That legal concept limits damages in lawsuits against government agencies.
by Jim Saunders, The News Service of Florida
Kittens Recovering After Being Tossed From SUV; Woman Charged
July 7, 2015
A Santa Rosa County woman was arrested after allegedly throwing kittens out of her SUV, and authorities said late Monday that all of the kittens are doing just fine.
Santa Rosa deputies responded to the area of Highway 87 and Grady Tolbert Road after witnesses reported a woman in a black Infinity SUV throwing several small kittens out of the window of the moving vehicle.
The driver, identified as Veronica F. Gordon of Navarre, admitted to the allegations, deputies said. She was released from the Santa Rosa Count Jail on a $5,000 bond after being charged with felony animal cruelty.
Deputies remained in the area to search for the kittens, all of which were eventually located with the help of local citizens. Dr. Natalie Dyson of the St. Francis Veterinary clinic checked the kittens, aged 5-6 weeks, and reported that all four will be fine.
Escambia Sgt. Ted Roy Announced Candidacy For Santa Rosa County Sheriff
July 7, 2015
Escambia County Sheriff’s Office Sergeant Ted Roy of Gulf Breeze has announced his candidacy for Santa Rosa County sheriff in the 2016 election.
Roy, a Republican, joined the Escambia Sheriff’s Office as a deputy in 1995 after an honorable discharge from the United States Air Force.
Roy’s involvement within the Escambia County Sheriff’s Office has included the SWAT Team, public information officer, Patrol, Community Policing, creator of the Bike Patrol Unit, Crime Stoppers television show, Asset/Forfeiture, and Investigations.
Prior to the Escambia County Sheriff’s Office, Roy was in the United States Air Force for eight years as a security police officer and has a bachelor’s degree in Resource Management from Troy University.
Upon announcement, Roy is excited for the opportunity to serve the citizens of Santa Rosa County. “I am looking forward to applying my leadership abilities and team focus to Santa Rosa County. I feel that there is no greater responsibility than being entrusted with protecting the people of Santa Rosa County.”
Roy is heavily involved in the community serving on numerous boards and organizations including the Pensacola Sports Association, Baptist Hospital Foundation, Florida SWAT Association, and TIP (Trauma Intervention Program). He has served as the race director for the last seven years for the “In Hot Pursuit 5K” (supporting the Florida Sheriff’s Youth Ranch), is a softball coach for girls U10 and U12, and is a graduate of the Greater Pensacola Chamber Leadership Pensacola Class of 2012.
Roy is married to Lisa Roy and combined they have five children, Dylan, Hunter, Sophie, Luke, and Savannah along with German Shepherd Tucker.
Basketball Camp Next Week In Bratt To Feature Former NBA Coach
July 7, 2015
The First Baptist Church of Bratt will host a basketball camp next week with a former NBA, college and high school coach.
The camp for children ages 8-14 will be held July 13-17 from 9 a.m. until noon at the church. Coach Roger Dutremble of Global Sports Outreach will teach kids the fundamentals of basketball and Biblical awareness.
“We are fortunate to get someone of Coach Roger’s talents and achievements to head up this camp” said First Baptist Bratt Student Pastor Tim Hawsey. “He has a unique ability to deal with children, and his love for them is evident.” This is the fourth year the church has offered this camp.
Dutremble is a a retired coach and member of the International Basketball Hall of Fame. He career includes coaching at every level from high school to the NBA, and into international arenas, with a lifetime coaching record of 687-117 and seven national championships. He was selected “Coach of the Year” six times, and served as national team head coach to Belgium, Scotland, and Jordan. He was an assistant coach for the Los Angeles Lakers, serving under Paul Westhead and Pat Riley, from 1979-83 and helping the team to three NBA championships with players like Magic Johnson and Kareem Abdul-Jabbar.
The cost is $45 per student with a limited number of scholarships available. The funds are used exclusively to purchase shoes and basketballs for needy children in other countries where Dutremble conducts camps.
For more information, contact Hawsey at (850) 327-6529, church secretary Sherrye Gilman at (850) 327-6529 or stop by the church on Highway 4 just west of Northview High School.
Pictured: Students that participated in a previous basketball camp at the First Baptist Church of Bratt. Inset: Coach Roger Dutremble of Global Sports Outreach. NorthEscambia.com file photo, click to enlarge.
Pensacola, Mobile Split Doubleheader
July 7, 2015
The Pensacola Blue Wahoos and Mobile BayBears split a doubleheader Monday at Hank Aaron Stadium.
In the first game against Mobile, Pensacola closer Zack Weiss earned his team-leading sixth save as Pensacola pulled out an 8-6 victory. The BayBears right fielder Gabriel Guerrero crushed a walk-off, two-run home run deep to left center in extra innings in the second game that gave Mobile a 5-3 victory.
Weiss has saved four games during his past seven appearances. He has now faced 28 batters in his last seven games and struck out 13 batters in eight innings pitched. Weiss has 23 Ks in 21.1 innings this season with the Blue Wahoos.
In the fifth inning of the first game, Pensacola clinched the game, sending nine players to the plate and scoring six runs to take an 8-2 lead over Mobile.
Pensacola loaded the bases with one out when catcher Yovan Gonzalez reached on a fielding error, pitcher Wandy Peralta walked and shortstop Zach Vincej singled.
Blue Wahoos left fielder Jesse Winker walked to score Gonzalez and put Pensacola ahead, 3-2. Pensacola’s second baseman Ray Chang then doubled, his 11th of the year, on a sharp ground ball to left field that cleared the bases, putting the Blue Wahoos up, 6-2.
After a pitching change, first baseman Marquez Smith hit his first triple of the season to score Chang for a 7-2 lead. Smith then scored when right fielder Juan Duran hit a sacrifice fly to center field to go ahead, 8-2.
In the second game Monday, Duran hit a sacrifice fly to center in the sixth inning that scored second baseman Ray Chang and put Pensacola up, 3-1.
However, Mobile came back with two runs in the bottom of the sixth to tie it, 3-3. Left fielder Zach Borenstein doubled to score center fielder Socrates Brito to make the score, 3-2, while first baseman Rudy Flores then singled to score Borenstein and tie the game at 3.
Pensacola’s Winker went 1-3 in the first game with a walk, run and two RBIs. After going 0-1 in the second game, Winker has now hit in nine of his last 11 games, raising his season average to .270.
Meanwhile, Chang, who had three RBIs in the first game, remains one of the hottest hitters on the club. He is currently hitting .353 (6-17) in July after batting .329 in June and .375 in May for the Blue Wahoos.
Smith went 5-7 with a run, triple and RBI in the doubleheader against Mobile and is now hitting .270 this season.
Duran continues to swing a big stick, too, in his six games back with Pensacola after recovering from injury rehab. He’s hitting .333 after going 2-4 with three runs, a double and two RBIs.
County To Enforce Truck Ban On Northern End Of Highway 95A
July 6, 2015
Now that a fully functional traffic signal is in place at Highway 29 and Highway 97 in Molino, the Escambia County Commission is set to ban big trucks from a portion of Highway 95A in Molino.
Trucks in excess of 10,500 pounds gross weight, except for trucks servicing or having business in the area, will be banned from Highway 95A from Highway 29 to Highway 97.
“No Truck” signs were in place along the are of Highway 95A for years, but the county commission never voted to make the truck prohibition official. After announcing that the ban would be enforced back in 2013, the Escambia County Commission backed down until the traffic signal at Highway 29 and Highway 97 could be approved and installed.
Residents of the all residential northern stretch of Highway 95A had pushed commissioners to enforce a truck ban on Highway 95A. But trucking company owners successfully convinced the commission that the route was safer than their trucks making turns at through the Highways 29 and 97 intersection without a red light.
In 2009, Escambia County issued exemption letters to the Highway 95A truck ban to C&C Hauling, American Concrete Supply and Kimmons Trucking. Those exemptions will become null and void if the commission votes Tuesday night to enforce the Highway 95A truck ban.
In 2013, the commission did vote to close the full length of Crabtree Church Road from Highway 97 to Sunshine Hill Road to truck traffic. The new traffic signal at Highway 97 and Highway 29 became operational on June 11.
NorthEscambia.com photos, click to enlarge.
Voter Registration Event To Be Held This Week In Century
July 6, 2015
The Escambia County Supervisor of Elections Office will hold a voter registration drive this week in Century.
The event will be held Wednesday from 1 until 3 p.m. at the Century Town Hall. Florida residents can register to vote or, if already registered, make sure the elections office has their most current information on file.
Florida residents attending the event should bring their Florida driver’s license, Florida ID card or the last four digits of their social security number.
For more information, call (850) 595-3900.
Motorcyclist Dies In Santa Rosa County Crash
July 6, 2015
A motorcyclist died in a two vehicle crash Sunday afternoon in Milton.
According to the Florida Highway Patrol, 22-year old Cameron G. Burke of Crestview was southbound on Highway 87 at Welcome Church Road when a van pulled from the side street into his path. Burke was pronounced deceased at the scene.
The driver of the van, Robert D. Johnson, 28 of Milton, was not injured. Any charges are pending the outcome of a traffic homicide investigation, according to the FHP.
Escambia Health Department: Summer Whooping Cough Cases On The Rise
July 6, 2015
The Florida Department of Health in Escambia County (FDOH-Escambia) says the number of pertussis cases in the county are on the rise.
Pertussis, commonly known as “whooping cough,” is a vaccine-preventable illness, but can be highly contagious to non-vaccinated and under-vaccinated individuals. Pertussis can be especially dangerous to newborn infants who are too young to get vaccinated. This illness is also serious for people with weakened immune systems and for older adults.
The disease easily spreads within families and in other settings where there are close contacts among individuals, such as summer day camps and group child care situations.
“At this point in 2015, we have four confirmed cases, two of which were confirmed this week,” said FDOH-Escambia’s Director, Dr. John Lanza. “The two newest cases live in the same household, emphasizing the ease with which the disease is transmitted among closely-contacted individuals. Because pertussis can be so dangerous for infants, it is important that all medically-eligible individuals get vaccinated and stay vaccinated.”
Individuals aged six weeks and older are eligible for the pertussis vaccine. Many teens and adults were vaccinated for pertussis when they were a child. However, if there is going to be a newborn in their home, or if they are going to be around older adults or individuals with poor immune function, previously-vaccinated persons may need a vaccine booster. Individuals should talk with their physician about getting the vaccination. Vaccinations are available at FDOH-Escambia and from many private physicians.
Pertussis is very contagious and is spread from person to person through the droplets from a cough. The main symptom is a cough that lasts for two weeks to several months. The cough can be very serious. Individuals may be unable to catch their breath and begin to turn blue. Severe coughs can also lead to vomiting, sleep loss, weight loss, nose bleeds, rib fractures, hernia and even pneumonia. In infants, the cough may have a “whoop” sound at the end. Individuals who have these symptoms, and those who have a cough and have been exposed to someone who has been diagnosed with pertussis, should see a doctor.
Additional information about the disease, what infected individuals should do, and vaccination recommendations can be found at EscambiaHealth.com.
FWC Law Enforcement Report
July 6, 2015
The Florida FWC Division of Law Enforcement reported the following activity during the two week period ending July 2 in Escambia and Santa Rosa counties.
ESCAMBIA COUNTY
Officers Miller, Cushing, Jones, Tolbert and the U.S. Coast Guard participated in a two night detail conducting inspections of commercial shrimp vessels in Pensacola Bay. A total of seven vessels were boarded. One citation was issued for fishing more than two nets and one warning was issued for not having a restricted species endorsement.
Lieutenant Hahr was patrolling in the Perdido River WMA at Fillingim Landing when he observed a car pull into the parking area and stop abruptly. The driver exited the car and began swearing and yelling at several others that appeared to be in his group. He turned the music up in the car and seemed to be threatening the others with violence as he pounded his fists together and threw up his hands in a fighting stance. Lieutenant Hahr approached the man and called him away from the car. The man immediately quieted down and stated that everything was fine when asked about his behavior. Lieutenant Hahr detected the odor of alcoholic beverages on his breath and other indicators of impairment. He conducted field sobriety tasks and determined that the man was impaired. He also determined that the man’s driver license had been suspended numerous times in the past and was currently not valid. He placed the man under arrest and escorted him from the area. The man was transported to the Escambia County Jail where a breath test was conducted. His breath alcohol level was .190g/210L. He was booked for DUI and driving with a suspended driver license.
Officer Webb concluded a boating accident investigation that involved a hit and run on the Escambia River. The accident happened when a vessel operator who was towing a skier veered into the path of another vessel. After the accident, the operator of the vessel towing the skier fled from the scene. There were only minor injuries to the victims in the second vessel. Through his investigation, Officer Webb was able to identify the operator who fled. He spoke with the subject several times and made arrangements to meet, but the subject would not show up. Officer Webb obtained warrants on the subject for leaving the scene of a boating accident, failure to report a boating accident, and careless operation of a vessel.
SANTA ROSA COUNTY
Officer Hutchinson received a complaint regarding a subject who had illegally harvested and possessed an alligator gar from the Escambia River. Officer Hutchinson followed up on the complaint and located the subject. After further investigation and interviewing of the subject at his residence, Officer Hutchinson discovered that the subject was still in possession of the alligator gar. The gar had been caught on hook and line gear and then shot with a rifle. He seized the meat and carcass and charged the man with illegal taking/possession of an alligator gar.
Officer Hutchinson was patrolling the Blackwater River when he observed a small vessel traveling towards him. As the vessel neared him, it left the river channel and turned into a cove. He repositioned his patrol vessel so that he could continue observing the vessel and observed the occupants just sitting in the vessel watching him. He made contact with the occupants and observed that they had been fishing. They admitted to catching a large sheepshead, but when Officer Hutchinson asked to see it, the subject sitting on the cooler stood up and asked about the size limits for redfish. Officer Hutchinson told him he first wanted to look inside of the ice chest. The subject opened the ice chest and Officer Hutchinson immediately observed several undersized redfish in it. After further inspection, he discovered that the three subjects were in possession of seven redfish, five of which were undersized. They also were in possession of an undersized spotted seatrout. Two of the subjects admitted to catching and keeping the undersized fish and knowing the size and bag limits for the fish. Officer Hutchinson seized the illegal fish and charged the subjects with possession of undersized redfish and spotted seatrout and possession of over the daily bag limit of redfish.
This report represents some events the FWC handled over the past two weeks; however, it does not include all actions taken by the Division of Law Enforcement. Information provided by FWC.