Florida Senate - 2015                        CS for CS for SB 34
       
       
        
       By the Committees on Appropriations; and Judiciary; and Senator
       Diaz de la Portilla
       
       
       
       
       576-04496-15                                            201534c2
    1                        A bill to be entitled                      
    2         An act for the relief of Asia Rollins by the Public
    3         Health Trust of Miami-Dade County, d/b/a Jackson
    4         Memorial Hospital; providing an appropriation to
    5         compensate her for injuries and damages sustained as a
    6         result of the negligence of the Public Health Trust of
    7         Miami-Dade County; providing a limitation on the
    8         payment of fees and costs; providing an effective
    9         date.
   10  
   11         WHEREAS, on October 26, 2011, 3-year-old Asia Rollins
   12  suffered a seizure at her day care center and was taken by
   13  emergency medical personnel to Jackson Memorial Hospital, and
   14         WHEREAS, at the hospital, Asia Rollins experienced
   15  difficulty breathing and was electively intubated a total of
   16  four times, during the third of which vomit was expelled from
   17  her endotracheal tube, and
   18         WHEREAS, the delay between the intubations deprived Asia
   19  Rollins of oxygen for extended periods, causing her oxygen
   20  levels and heart rate to decrease, and
   21         WHEREAS, as a result of her depleted oxygen levels and
   22  decreased heart rate, Asia Rollins went into asystole, and
   23         WHEREAS, by the time cardiopulmonary resuscitation was
   24  completed, Asia Rollins suffered a global ischemic brain injury
   25  and was subsequently diagnosed with hypoxic ischemic
   26  encephalopathy and cortical blindness, and
   27         WHEREAS, Asia Rollins, now 6 years old, is unable to walk
   28  or talk and will never be able to live an independent life, and
   29         WHEREAS, Asia Rollins’s neurologist recommends that she
   30  receive 24-hour care for the rest of her life, and
   31         WHEREAS, Asia Rollins needs assistive devices for
   32  ambulation and is unable to dress or feed herself or get around
   33  her home, which requires modification to accommodate the
   34  required assistive and therapy devices, and
   35         WHEREAS, the Public Health Trust of Miami-Dade County
   36  agreed to settle Asia Rollins’s claim for $999,999, and
   37         WHEREAS, $300,000, has been paid pursuant to the statutory
   38  limits of liability in s. 768.28, Florida Statutes, and $699,999
   39  remains to be paid, NOW, THEREFORE,
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. The facts stated in the preamble to this act are
   44  found and declared to be true.
   45         Section 2. The Public Health Trust of Miami-Dade County,
   46  d/b/a Jackson Memorial Hospital, is authorized and directed to
   47  appropriate from funds not otherwise encumbered and to draw a
   48  warrant in the sum of $699,999, payable to the Supplemental Care
   49  Trust for the Benefit of Asia Rose Rollins or other special
   50  needs trust for the exclusive use and benefit of Asia Rollins.
   51         Section 3. The amount paid by the Public Health Trust of
   52  Miami-Dade County pursuant to s. 768.28, Florida Statutes, and
   53  the amount awarded under this act are intended to provide the
   54  sole compensation for all present and future claims arising out
   55  of the factual situation described in this act which resulted in
   56  the injuries and damages to Asia Rollins.
   57         Section 4. The total amount paid for attorney fees,
   58  lobbying fees, costs, and other similar expenses relating to
   59  this claim may not exceed 25 percent of the amount awarded under
   60  this act.
   61         Section 5. This act shall take effect upon becoming a law.