HB 6517 — Relief/Christeia Jones, Logan Grant, Denard Maybin, Jr., and Lanard Maybin/Department of Highway Safety and Motor Vehicles

F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 A bill to be entitled An act for the relief of Christeia Jones, as the natural parent and legal guardian of Logan Grant, Denard Maybin, Jr., and Lanard Maybin;

providing a limitation on the payment of attorneyspecified costs and fees;

on May 18, 2014, Florida Highway Patrol Trooper Raul Umana attempted to cross through a gap in the median onto the southbound lanes of I-75, south of Ocala, and WHEREAS, Trooper Umana misjudged the turn and his vehicle struck the concrete barrier before shooting out into the southbound lane and striking a car driven by Christeia Jones, and WHEREAS, Christeia Jones was transporting her minor sons, 2-year-old Logan Grant, who was secured in a forward-facing infant seat, 7-year-old Denard Maybin, Jr., and 5-year-old Lanard Maybin, in the backseat of the car, and Page 1 of 7 CODING:

hb6517-00hb6517-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 Lanard Maybin, in the backseat of the car, and WHEREAS, after being struck by Trooper Umana's vehicle, Christeia Jones's car was struck in the rear by a tractor trailer, and WHEREAS, the impact crushed the trunk and rear seating area of the car, and WHEREAS, the car was propelled off the road, where it struck a tree and caught fire, and WHEREAS, all three children were transported by helicopter to the University of Florida Health Shands Hospital in Gainesville, and WHEREAS, at the hospital, Logan Grant was diagnosed with a severe traumatic brain injury, extensive facial fractures, pulmonary edema, and respiratory failure, and WHEREAS, Logan Grant remained in the hospital for a month before he was discharged to Brooks Rehabilitation Hospital in Jacksonville for 2 weeks of brain injury rehabilitation, and WHEREAS, Logan Grant continues to receive speech therapy weekly and struggles with expressive and receptive language, and WHEREAS, Logan Grant also exhibits left-side body weakness and behavioral difficulties, and WHEREAS, Logan Grant's past medical bills exceed $310,000, and Medicaid has asserted a lien of $135,161.64, and WHEREAS, pediatric physical medicine and rehabilitation specialist Dr.

Paul Kornberg has examined Logan Grant and has observed ongoing left hemiparesis with motor, perceptual, Page 2 of 7 CODING:

hb6517-00hb6517-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 observed ongoing left hemiparesis with motor, perceptual, communicative, cognitive, and behavioral impairments of a permanent nature which will prevent him from achieving gainful employment, and WHEREAS, Dr.

Michael Shahnasarian has estimated Logan Grant's future medical and palliative care needs to be $6,702,555, and his loss of earning capacity over his lifetime to be between $1,543,014 and $2,810,754, and WHEREAS, Lanard Maybin arrived at Shands Hospital with a Glasgow Coma Scale of 7, a head injury, a facial laceration, and a shoulder injury that required surgery, and WHEREAS, a plastic surgeon repaired Lanard Maybin's facial laceration during his stay in the pediatric intensive care unit before he was discharged from the hospital on May 22, 2014, and WHEREAS, since the accident, Lanard Maybin has experienced night terrors, changes in behavior and temperament, and has gained significant weight, and WHEREAS,Page in3 earlyof 2019,7 Dr.CODING:

Patrick Gorman evaluated Lanard Page 3 of 7 CODING:

hb6517-00hb6517-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 Maybin and diagnosed him as having posttraumatic stress disorder and significant neurocognitive difficulties secondary to traumatic brain injury, and WHEREAS, Lanard Maybin's past medical bills amount to $35,584.16, and Medicaid has asserted a lien in theearly amount2019, of $22,525.66, and WHEREAS, at Shands Hospital, Denard Maybin, Jr., was intubated, was put on mechanical ventilation for a day, and was diagnosed with a severe traumatic brain injury and a subcutaneous soft tissue scalp laceration that required surgery, and WHEREAS, Denard Maybin, Jr., remained hospitalized for 2 weeks before he was transferred to Brooks Rehabilitation Center in Jacksonville for acute inpatient rehabilitation, and WHEREAS, the rehabilitation center noted that Denard Maybin, Jr., had significant cognitive deficits as well as impulsivity and behavioral changes, and WHEREAS, Denard Maybin, Jr., continues to receive occupational therapy, physical therapy, and speech therapy, and WHEREAS, Denard Maybin, Jr.,'s past medical bills exceed $175,000, and Medicaid has asserted a lien of $96,833.99, and WHEREAS, specialist Dr.

PaulPatrick KornbergGorman hasevaluated Lanard Maybin and diagnosed him as having posttraumatic stress disorder and significant neurocognitive difficulties secondary to traumatic brain injury, and WHEREAS, Lanard Maybin's past medical bills amount to $35,584.16, and Medicaid has asserted a lien in the amount of $22,525.66, and WHEREAS, at Shands Hospital, Denard Maybin, Jr., was intubated, was put on mechanical ventilation for a day, and was diagnosed with permanenta impairmentsevere traumatic brain injury and a subcutaneous soft tissue scalp laceration that willrequired preventsurgery, himand fromWHEREAS, achievingDenard gainfulMaybin, employment,Jr., remained hospitalized for 2 weeks before he was transferred to Brooks Rehabilitation Center in Jacksonville for acute inpatient rehabilitation, and WHEREAS, the rehabilitation center noted that Denard Maybin, Jr., had significant cognitive deficits as well as impulsivity and behavioral changes, and WHEREAS, Denard Maybin, Jr., continues to receive occupational therapy, physical therapy, and speech therapy, and WHEREAS, Denard Maybin, Jr.,'s past medical bills exceed $175,000, and Medicaid has asserted a lien of $96,833.99, and WHEREAS, specialist Dr.

Paul Kornberg reportedhas thatdiagnosed Denard Maybin, Jr., iswith permanent impairment that will prevent him from achieving gainful employment, and Page 4 of 7 CODING:

hb6517-00hb6517-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 at a high risk for developing seizures in the future and that he is expected to be unable to live alone as an adult, necessitating guardianship and attendant care, and WHEREAS, Dr.

Kornberg reported that Denard Maybin, Jr., is at a high risk for developing seizures in the future and that he is expected to be unable to live alone as an adult, necessitating guardianship and attendant care, and WHEREAS, Dr.

Jones and her minor sons which arose out of the accident described in this act, including the claims under case number 2018-CA-004258- O, which are to be dismissed with prejudice, and WHEREAS, Christeia Jones and the Florida Highway Patrol acknowledged that if the case had gone to trial, a jury could Page 5 of 7 CODING:

hb6517-00hb6517-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 acknowledged that if the case had gone to trial, a jury could reasonably have awarded damages to Ms.

The sum of $17.715$9 million is appropriated from the General Revenue Fund to the Department of Highway Safety and Motor Vehicles for the relief of Christeia JonesJones, as compensationnatural forparent injuries and damageslegal sustainedguardian byof herLogan Grant, Denard Maybin, Jr., and herLanard minorMaybin, sons,to compensate Logan Grant, Denard Maybin, Jr., and Lanard Maybin.Maybin for injuries and damages sustained as a result of the accident that occurred on May 18, 2014, due to the negligence of an employee of the Department of Highway Safety and Motor Vehicles.

SectionPage 3.6 of 7 CODING:

The Chief Financial Officer is directed to draw a warrant in favor of Christeia Jones in the sum of $17.715 million, minus payments required to satisfy outstanding Medicaid liens relating to the medical expenses and care of her and her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin, Page 6 of 7 CODING:

hb6517-00hb6517-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S  HBCS/HB 6517 2020 uponSection funds3. of the Department of Highway Safety and Motor Vehicles in the State Treasury and to pay the same out of such funds in the State Treasury.

The Chief Financial Officer is directed to draw a warrant in favor of the special needs trusts for the exclusive use and benefit of Logan Grant, Denard Maybin, Jr., and Lanard Maybin, in the sum of $9 million, upon funds of the Department of Highway Safety and Motor Vehicles in the State Treasury and to pay the same out of such funds in the State Treasury.

768.28, Florida Statutes, and the amount awarded under this act are intended to provide the sole compensation for all present and future claims arising out of the factual situation described in this act which resulted in damages sustained by Christeia Jones and her minor sons, Logan Grant, Denard Maybin, Jr., and Lanard Maybin.

TheOf the amount awarded under this act, the total amount paid for attorney fees relatingmay tonot thisexceed claim$1,800,000, the total amount paid for lobbying fees may not exceed 25$450,000, percentand of the total amount awardedpaid underfor thiscosts act.or other similar expenses may not exceed $15,603.17.

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