HB 915

1	A bill to be entitled
2	An act for the relief of Katherine Selva, a minor, by and
3	through Maria Alcobar, as parent and natural guardian of
4	Katherine Selva, by the City of Miami; providing for an
5	appropriation to compensate her for injuries sustained as
6	a result of the negligence of the City of Miami; providing
7	an effective date.
8
9	WHEREAS, on October 19, 1999, Katherine Selva, then 4 years
10	of age, was living with her mother and father, Maria Alcobar and
11	Aldo Selva, who were married at that time, sharing the surname
12	Selva, and living together with their two children, Katherine
13	Selva and her younger sister, Karenlyn Selva, and
14	WHEREAS, in the early morning hours of October 19, 1999,
15	Katherine Selva began having seizure activity, and
16	WHEREAS, prior to October 19, 1999, Katherine Selva had
17	been diagnosed with a seizure disorder from infancy which
18	occurred following a DPT immunization at approximately 2 months
19	of age, and
20	WHEREAS, Katherine Selva had multiple epileptic episodes
21	that required several hospitalizations; however, through the
22	administration of appropriate medication, Katherine's condition
23	was controlled and she was able to live an active life, and
24	WHEREAS, Katherine Selva had been attending prekindergarten
25	and, according to physicians and therapists, was only mildly
26	delayed as a result of her seizure disorder, and
27	WHEREAS, after Katherine Selva stared seizing on October
28	19, 1999, her parents called 911 for paramedic assistance, and
29	WHEREAS, a rescue vehicle initially reported to the Selva
30	residence at approximately 1:28 a.m. and found Katherine Selva
31	having active seizures, and
32	WHEREAS, two agents of the City of Miami, fire rescue
33	personnel Ernesto Vila and Gustavo Busse, arrived and advised
34	that they found Katherine Selva actively seizing on a bed, and
35	WHEREAS, the two fire rescue personnel administered 2
36	milligrams of Valium and requested a second purportedly better-
37	equipped vehicle to transport Katherine Selva to Jackson
38	Memorial Hospital at approximately 1:30 a.m., and
39	WHEREAS, Rescue Ten, which included paramedic Henry
40	Rodriguez and one to three others, subsequently arrived at
41	approximately 1:43 a.m., and
42	WHEREAS, reports and testimony, albeit of highly
43	questionable reliability, indicated that Henry Rodriguez and/or
44	other Rescue Ten personnel found Katherine Selva in a state
45	resembling catatonia and/or still actively seizing, and
46	WHEREAS, however, rescue personnel claimed to have been
47	unable to obtain symptoms, and
48	WHEREAS, these reports and testimony indicate that Rescue
49	Ten personnel transported Katherine Selva to Jackson Memorial
50	Hospital immediately upon arrival at the Selva residence or
51	shortly thereafter, and
52	WHEREAS, during transport, one or more of the rescue
53	personnel claim to have made several attempts to start an
54	intravenous drip, but to no avail, and
55	WHEREAS, this claim notwithstanding, rescue personnel did
56	successfully administer at least 1 additional milligram of
57	Valium intravenously, and
58	WHEREAS, critically however, the only oxygen the rescue
59	personnel administered to Katherine Selva during transport was
60	via standard mask instead of a valve mask, and the rescue
61	personnel did not have, and consequently did not utilize, an
62	oxygen saturation monitor, and
63	WHEREAS, moreover, it was clear that the rescue personnel
64	did not watch Katherine Selva's oxygen intake as they should
65	have, and
66	WHEREAS, upon arrival at the hospital, Katherine Selva was
67	cyanotic, or oxygen starved, with her skin appearing blue in
68	color, and
69	WHEREAS, Katherine Selva's oxygen saturation rates were
70	determined upon admission to be a mere 35 percent with a heart
71	rate of 210 beats per minute, and
72	WHEREAS, immediately, hospital personnel treated Katherine
73	Selva with Ativan and used a ventilation mask to oxygenate her
74	in preparation for intubation, and
75	WHEREAS, Katherine Selva's oxygen saturation rates improved
76	dramatically to 85 percent and her heart rate decreased to 169
77	beats per minute following initial treatment, and
78	WHEREAS, despite heroic efforts by hospital personnel,
79	Katherine Selva had already suffered permanent brain damage as a
80	direct result of lack of oxygen, and
81	WHEREAS, the City of Miami's rescue personnel owed a duty
82	to Katherine Selva to respond appropriately and render medical
83	treatment in accordance with the generally accepted standard of
84	care, and
85	WHEREAS, the city's rescue personnel, notably one or more
86	paramedics in Rescue Ten, breached this duty by failing to
87	respond in a timely and appropriate fashion and by failing
88	specifically to treat the oxygen-starved condition of Katherine
89	Selva en route to the hospital, and
90	WHEREAS, this breach caused or substantially contributed to
91	the devastating injuries suffered by Katherine Selva, which are
92	uncontested as being permanent and irreversible, and
93	WHEREAS, this breach also caused Katherine Selva to incur
94	past and future expenses, including, without limitation,
95	hospitalization, daily medical treatment and nursing care,
96	transportation, tutoring or teaching, and child care or
97	supervision, for which expenses Aldo Selva and Maria Alcobar
98	have been and will be responsible, and
99	WHEREAS, it has been determined that Medicaid alone has
100	paid nearly $900,000 for medical expenses incurred for the care
101	and treatment of the incapacitated minor child and that the
102	Agency for Health Care Administration, through its contract
103	representative, Health Management Systems, Inc., has filed or
104	will file a Medicaid casualty lien associated with these
105	payments, and
106	WHEREAS, these economic losses to Katherine Selva are
107	permanent and continuing, and
108	WHEREAS, finally, both parents have suffered and will
109	continue to suffer the loss of society, companionship, and
110	comfort of their daughter, Katherine Selva, and
111	WHEREAS, plaintiffs have reached a conditional settlement
112	with the City of Miami to settle this case for the gross amount
113	of $2,625,000, and
114	WHEREAS, the plaintiffs are permitted under the terms of
115	the settlement to propose a plan to allocate the settlement
116	funds as they deem appropriate, subject to the approval of the
117	guardian ad litem and the court, and
118	WHEREAS, following payment by the City of Miami of the sum
119	of $200,000, the limit of liability set forth under s. 768.28,
120	Florida Statutes, the remaining amount of the claim will be
121	$2,425,000, and
122	WHEREAS, the City of Miami has agreed to actively support
123	this claim bill, NOW, THEREFORE,
124
125	Be It Enacted by the Legislature of the State of Florida:
126
127	Section 1.  The facts stated in the preamble to this act
128	are found and declared to be true.
129	Section 2.  The City of Miami is authorized and directed to
130	appropriate from funds of the city not otherwise appropriated
131	and to draw a warrant in the sum of $2,425,000 payable to Maria
132	Alcobar, parent and natural guardian of Katherine Selva, minor
133	child of Aldo Selva and Maria Alcobar, to be placed in a Special
134	Needs Trust created for the exclusive use and benefit of
135	Katherine Selva, a minor, as compensation for injuries and
136	damages sustained.
137	Section 3.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.