Florida Senate - 2009 (Reformatted) SB 46 By Senator Ring 32-00138-09 200946__ 1 A bill to be entitled 2 An act for the relief of Raul Otero by the South 3 Broward Hospital District; providing for an 4 appropriation to compensate him for injuries sustained 5 as a result of the negligence of Memorial Regional 6 Hospital; providing a limitation on the payment of 7 fees and costs; providing an effective date. 8 9 WHEREAS, on March 28, 2003, 18-year-old Raul Otero was 10 involved in a motorcycle accident, and was seriously injured and 11 taken to Memorial Regional Hospital in Hollywood, Florida. 12 Memorial Regional Hospital is a public hospital owned by the 13 South Broward Hospital District. His injuries resulted in an 14 above-the-knee amputation of his left leg and a spleenectomy. 15 The insurer of the at-fault driver tendered $1 million, which 16 was the driver's policy limit, and 17 WHEREAS, on April 16, 2003, while in the trauma intensive 18 care unit at Memorial Regional Hospital, Mr. Otero was taken 19 during the night shift to the MRI laboratory for a scan to rule 20 out a nonemergency shoulder injury. Although he was alert and 21 oriented, he had not given consent for the procedure, and his 22 parents, who do not speak English, had not given consent for the 23 procedure. Mr. Otero became panicky during the scan and was 24 given several doses of a narcotic sedative, Versed, in addition 25 to the narcotic medication he was already receiving 26 intravenously. Because of his panicked thrashing, an order for a 27 paralytic drug was also given. Lawton Tang, M.D., a surgical 28 resident employed by Mt. Sinai Medical Center and working under 29 the supervision of attending physicians of the South Broward 30 Hospital District on a rotation through Memorial Regional 31 Hospital, was not present and gave the medication orders by 32 telephone, and 33 WHEREAS, shortly thereafter Raul Otero went into cardiac 34 arrest, a code was called, and, after a relatively extended 35 process, Mr. Otero was successfully resuscitated. However, he 36 was found to be suffering from anoxic encephalopathy, and 37 WHEREAS, several physicians, including the trauma resident 38 on duty at the time, testified that Mr. Otero was not stable 39 enough to be taken from intensive care during the midnight shift 40 for an elective MRI. In fact, the very next day this practice 41 was expressly forbidden by then Chief of Trauma, Lawrence 42 Lottenberg, M.D., and 43 WHEREAS, the hospital's pharmacist failed to prohibit the 44 overdose and stop the doubling and tripling of medication 45 administration and the administration of inappropriate paralytic 46 medication, as did the nursing staff, and the medication orders 47 were also ratified by the head nurse in the trauma intensive 48 care unit that night, and 49 WHEREAS, Mr. Otero was accompanied by a nurse and a 50 respiratory therapist to the MRI laboratory, but was removed 51 from his ventilator at the time he was transported to the MRI 52 during the night shift when the hospital operates using 53 significantly fewer staff. As a result, Mr. Otero was not 54 adequately monitored and his ventricular fibrillation was not 55 detected in a timely manner. Indeed, based on the severity of 56 his brain damage, it appears that Mr. Otero was in ventricular 57 fibrillation for a significant time before resuscitation began. 58 As a result, oxygenated blood was not being delivered to his 59 brain or other vital organs when he was being ventilated, and 60 WHEREAS, the records clearly state that Mr. Otero was not 61 connected to any type of cardiac monitor when he was transported 62 to the MRI laboratory. Although it is not clear from the record, 63 there is some evidence to suggest that Mr. Otero may have 64 exhibited cardiac symptoms before the evening of April 16, and 65 WHEREAS, Raul Otero is completely incontinent, is 66 quadriplegic, and cannot speak, and is unable to consistently 67 follow simple one-step commands. Mr. Otero's life-care plan was 68 drafted by Sharon Griffin, Ph.D., and was originally valued in 69 excess of $20 million. Now that his feeding tube and ventilator 70 have been removed, the cost of his future care has been revised 71 to approximately $12 million, and 72 WHEREAS, the surgical resident, Lawton Tang, M.D., the 73 resident who gave the telephonic medication orders, and Mt. 74 Sinai Medical Center, his employer, have settled for $2 million, 75 and 76 WHEREAS, the South Broward Hospital District has agreed to 77 pay $100,000 to Raul Otero and $100,000 to his mother and 78 primary caregiver, Ana Otero, pursuant to s. 728.28, Florida 79 Statutes. In addition, the district has agreed to the passage of 80 a claim bill in the amount of $2 million and to expressly lobby 81 for passage of such bill, NOW, THEREFORE, 82 83 Be It Enacted by the Legislature of the State of Florida: 84 85 Section 1. The facts stated in the preamble to this act are 86 found and declared to be true. 87 Section 2. The South Broward Hospital District is 88 authorized and directed to appropriate from funds of the 89 district not otherwise appropriated and to draw a warrant in the 90 sum of $2 million payable to Raul Otero as compensation for 91 injuries and damages sustained. 92 Section 3. The amount awarded in this act is intended to 93 provide the sole compensation for all present and future claims 94 arising out of the factual situation described in this act which 95 resulted in injury to Raul Otero. The total amount paid for 96 attorney's fees, lobbying fees, costs, and other similar 97 expenses relating to the adoption of this act may not exceed 25 98 percent of the total amount awarded under this act. 99 Section 4. This act shall take effect upon becoming a law.