Florida Senate - 2009 CS for SB 46 By the Committee on Health Regulation; and Senator Ring 588-04441-09 200946c1 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. Mr. Otero was accompanied by 21 a nurse and a respiratory therapist to the MRI laboratory, but 22 was removed from his ventilator at the time he was transported 23 to the MRI during the night shift when the hospital operates 24 using significantly fewer staff. He was alert and oriented. Mr. 25 Otero became panicky during the scan and was given several doses 26 of a narcotic sedative, Versed, in addition to the narcotic 27 medication he was already receiving intravenously. Because of 28 his panicked thrashing, an order for a paralytic drug was also 29 given. Lawton Tang, M.D., a surgical resident employed by Mt. 30 Sinai Medical Center and working under the supervision of 31 attending physicians of the South Broward Hospital District on a 32 rotation through Memorial Regional Hospital, was not present and 33 gave the medication orders by telephone, and 34 WHEREAS, the nurse administered the paralytic drug, which 35 was inappropriate under the circumstances. When the drug was 36 given to Mr. Otero, it caused his heart to stop beating 37 properly, and 38 WHEREAS, shortly thereafter Raul Otero went into cardiac 39 arrest, a code was called, and, after a relatively extended 40 process, Mr. Otero was successfully resuscitated. However, he 41 was found to be suffering from anoxic encephalopathy, and 42 WHEREAS, several physicians, including the trauma resident 43 on duty at the time, testified that Mr. Otero was not stable 44 enough to be taken from intensive care during the midnight shift 45 for an elective MRI. In fact, the very next day this practice 46 was expressly forbidden by then Chief of Trauma, Lawrence 47 Lottenberg, M.D., and 48 WHEREAS, Raul Otero is completely incontinent, is 49 quadriplegic, and cannot speak, and is unable to consistently 50 follow simple one-step commands. Mr. Otero’s life-care plan was 51 drafted by Sharon Griffin, Ph.D., and was originally valued in 52 excess of $20 million. Now that his feeding tube and ventilator 53 have been removed, the cost of his future care has been revised 54 to approximately $12 million, and 55 WHEREAS, the surgical resident, Lawton Tang, M.D., the 56 resident who gave the telephonic medication orders, and Mt. 57 Sinai Medical Center, his employer, have settled for $2 million, 58 and 59 WHEREAS, the South Broward Hospital District has agreed to 60 pay $100,000 to Raul Otero and $100,000 to his mother and 61 primary caregiver, Ana Otero, pursuant to s. 728.28, Florida 62 Statutes. In addition, the district has agreed to the passage of 63 a claim bill in the amount of $2 million, NOW, THEREFORE, 64 65 Be It Enacted by the Legislature of the State of Florida: 66 67 Section 1. The facts stated in the preamble to this act are 68 found and declared to be true. 69 Section 2. The South Broward Hospital District is 70 authorized and directed to appropriate from funds of the 71 district not otherwise appropriated and to draw a warrant in the 72 sum of $2 million payable to Raul Otero as compensation for 73 injuries and damages sustained. 74 Section 3. The amount awarded in this act is intended to 75 provide the sole compensation for all present and future claims 76 arising out of the factual situation described in this act which 77 resulted in injury to Raul Otero. The total amount paid for 78 attorney’s fees, lobbying fees, costs, and other similar 79 expenses relating to the adoption of this act may not exceed 25 80 percent of the total amount awarded under this act. 81 Section 4. This act shall take effect upon becoming a law.