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A bill to be entitled

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An act for the relief of Tyler Giblin, a minor, by and

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through Gina and Mark Giblin, parents of Tyler Giblin;

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providing for an appropriation by the Marion County

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Hospital District to compensate Tyler for injuries

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sustained as a result of the negligence of the district;

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providing for the use of funds; providing for the

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reversion of funds to the state; providing a limitation on

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the payment of fees and costs; providing an effective

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date.

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     WHEREAS, Gina Giblin, age 22, obtained prenatal obstetrical

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care from Rasiklal Nagda, M.D., from May 3, 2004, through

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December 14, 2004, the day Dr. Nagda delivered Tyler Giblin, a

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full-term baby boy and the son of Gina and Mark Giblin, at Munroe

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Regional Medical Center in Ocala, a full-service hospital

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operated by Munroe Regional Health System, Inc., and leased from

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the Marion County Hospital District, and

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     WHEREAS, Ms. Giblin had undergone two fetal ultrasounds

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during her pregnancy, the first on August 10, 2004, and the

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second prior to delivery, both of which were misinterpreted and

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reported to the Giblins as being without abnormalities despite

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the fact that the fetus had a severely deformed heart, and

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     WHEREAS, Dr. Nagda delivered Tyler Giblin by emergency

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cesarean section because of fetal distress as evidenced by a

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fetal heart rate in the 70's, significantly below the normal 120

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to 160 beats per minute, with newborn Apgar scores of 9 and 9,

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and a system assessment by the hospital nursing staff which

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wrongly concluded that Tyler did not have a heart murmur, and

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     WHEREAS, upon initial examination on December 14, Tyler

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Giblin's pediatrician, Yves-Lande Pierre, M.D., noted that Tyler

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had a Grade II heart murmur but took no action, and

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     WHEREAS, on the following day, December 15, Dr. Pierre

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concluded that Tyler had a Grade III murmur and subsequently

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ordered four extremity blood pressures to be performed, which

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were incorrectly taken and misinterpreted by nursing staff, and a

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chest X ray that was interpreted and documented as within normal

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limits by radiologist Kerry B. Raduns, M.D., who stated that his

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assessment of the heart and thoracic cavity was limited due to

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the baby's position in the X ray, and

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     WHEREAS, a cardiology consultation was scheduled for

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December 22, 2004, at Shands Hospital in Gainesville following

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Tyler's discharge, and

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     WHEREAS, in the early morning of December 16, 2004, Tyler

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was crying and grunting, found to be cyanotic with oxygen

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saturation levels of 70 to 80 percent, decompensated and found to

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have a base excess of 6.6, was started on Prostin VR, intubated,

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placed on a ventilator, and transferred to Shands Hospital, and

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     WHEREAS, Tyler was transferred to Miami Children's Hospital

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on December 22, 2004, and underwent the open heart Norwood

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procedure for a hypoplastic left heart ventricle and other

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significant congenital heart disease, but, because of the delay

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in the diagnosis of his heart condition, was found to have a

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heart so damaged as to require a heart transplant, as well as to

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have suffered from anoxic brain injury due to the cyanotic event

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of December 16, and

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     WHEREAS, Tyler was transferred back to Shands Hospital where

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he waited for a heart to become available, and subsequently

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underwent cardiac transplant on June 3, 2005, and

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     WHEREAS, due to the anoxic brain injury, Tyler will remain

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totally incapacitated for the remainder of his life, and

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     WHEREAS, due to the negligent failure to correctly diagnose

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their son's congenital heart defect both prior to and after his

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birth and because Tyler suffered from severe anoxic damage to his

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heart and brain leading to the need for a heart transplant and to

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brain injury, Gina and Mark Giblin, on behalf of their son Tyler

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and individually, brought suit against the Munroe Regional Health

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System, Inc., Munroe Regional Medical Center, Inc., and the

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Marion County Hospital District, as well as Dr. Yves-Lande Pierre

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and Marion Pediatrics, and

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     WHEREAS, defendant Munroe Regional Health System, Inc., on

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behalf of the Munroe Regional Medical Center and the Marion

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County Hospital District, agreed to a consent judgment in the

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amount of $900,000, of which $200,000 has been paid to Gina and

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Mark Giblin pursuant to the limits of liability set forth in s.

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768.28, Florida Statutes, and the remainder is conditioned upon

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the passage of a claim bill by the Legislature in the amount of

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$700,000, which is to be placed in a special needs trust created

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for the benefit of Tyler Giblin, NOW, THEREFORE,

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Be It Enacted by the Legislature of the State of Florida:

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     Section 1. The facts stated in the preamble to this act are

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found and declared to be true.

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     Section 2. The Marion County Hospital District is

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authorized and directed to appropriate from district funds not

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otherwise encumbered and draw a warrant in the sum of $700,000,

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payable to Gina and Mark Giblin, parents and legal guardians of

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Tyler Giblin, as compensation for injuries and damages sustained

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by Tyler due to the negligence of the district, which funds shall

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be placed in a special needs trust created for the use and

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benefit of Tyler Giblin, as agreed to by the parties in a consent

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judgment. Any funds remaining in the trust upon the death of

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Tyler Giblin shall revert to the General Revenue Fund.

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     Section 3. Any amount paid by the Marion County Hospital

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District pursuant to the waiver of sovereign immunity permitted

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under s. 768.28, Florida Statutes, and this award are intended to

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provide the sole compensation for all present and future claims

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against the district arising out of the factual situation

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described in the preamble to this act which resulted in injuries

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and damages to Tyler Giblin and Gina and Mark Giblin. The total

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amount paid for attorney's fees, lobbying fees, costs, and other

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similar expenses relating to this claim may not exceed 25 percent

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of the amount awarded under section 2 of this act.

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     Section 4.  This act shall take effect upon becoming law.