Florida Senate - 2012                              (NP)    SB 48
       
       
       
       By Senator Montford
       
       
       
       
       6-00150A-12                                             201248__
    1                        A bill to be entitled                      
    2         An act for the relief of Odette Acanda and Alexis
    3         Rodriguez by the Public Health Trust of Miami-Dade
    4         County, d/b/a Jackson Memorial Hospital; providing for
    5         an appropriation to compensate Odette Acanda and
    6         Alexis Rodriguez for the death of their son, Ryan
    7         Rodriguez, as a result of the negligence of employees
    8         of the Public Health Trust of Miami-Dade County;
    9         providing a limitation on the payment of fees and
   10         costs; providing an effective date.
   11  
   12         WHEREAS, Ryan Rodriguez, the son of Odette Acanda and
   13  Alexis Rodriguez, was born prematurely on February 5, 2005, to
   14  Odette Acanda at Jackson Memorial Hospital, and
   15         WHEREAS, after delivery, Ryan Rodriguez was provided with
   16  oxygen through respiratory equipment that was contaminated with
   17  Pseudomonas bacteria, due to improper infection control measures
   18  by employees of the hospital, and
   19         WHEREAS, on February 8, 2005, a positive nasopharyngeal
   20  culture revealed that Ryan Rodriguez suffered from a Pseudomonas
   21  infection, and
   22         WHEREAS, physicians and other hospital employees failed to
   23  review the lab report, failed to recognize the signs and
   24  symptoms of the infection, and failed to follow physician
   25  orders, and
   26         WHEREAS, an order for antibiotics was not written until
   27  February 10, 2005, and antibiotics were not provided until after
   28  Ryan Rodriguez went into distress, and
   29         WHEREAS, as a result of the failure of employees to timely
   30  identify and treat the infection, Ryan Rodriguez died on
   31  February 10, 2005, and
   32         WHEREAS, an autopsy report indicated that Ryan Rodriguez
   33  died as a result of the bacterial infection he acquired at the
   34  hospital, and
   35         WHEREAS, suit was filed in the Eleventh Judicial Circuit in
   36  and for Miami-Dade County and a jury returned a verdict in favor
   37  of the plaintiffs, finding that the hospital was 100 percent
   38  responsible for the death of Ryan Rodriguez, and awarded damages
   39  in the amount of $2 million, and
   40         WHEREAS, the defendant appealed the jury verdict, and the
   41  final judgment entered in the plaintiff’s favor was upheld by
   42  the Third District Court of Appeal, and
   43         WHEREAS, the defendant appealed the ruling of the Third
   44  District Court of Appeal, and the Supreme Court of Florida
   45  affirmed the ruling, and
   46         WHEREAS, the parties entered into a settlement agreement
   47  wherein they agreed to settle the case for $999,999, of which
   48  $200,000 has been paid in accordance with the statutory limits
   49  of liability in s. 768.28, Florida Statutes, and $799,999
   50  remains to be paid, NOW, THEREFORE,
   51  
   52  Be It Enacted by the Legislature of the State of Florida:
   53  
   54         Section 1. The facts stated in the preamble to this act are
   55  found and declared to be true.
   56         Section 2. The Public Health Trust of Miami-Dade County,
   57  d/b/a Jackson Memorial Hospital, is authorized and directed to
   58  appropriate from funds not otherwise encumbered and to draw a
   59  warrant in the sum of $799,999, payable to Odette Acanda and
   60  Alexis Rodriguez, parents of decedent Ryan Rodriguez, as
   61  compensation for the death of Ryan Rodriguez as a result of the
   62  negligence of employees of the Public Health Trust of Miami-Dade
   63  County.
   64         Section 3. The amount paid by the Public Health Trust of
   65  Miami-Dade County, d/b/a Jackson Memorial Hospital, pursuant to
   66  s. 768.28, Florida Statutes, and the amount awarded under this
   67  act are intended to provide the sole compensation for all
   68  present and future claims arising out of the factual situation
   69  described in the preamble to this act which resulted in the
   70  death of Ryan Rodriguez. The total amount paid for attorney’s
   71  fees, lobbying fees, costs, and similar expenses relating to
   72  this claim may not exceed 25 percent of the total amount awarded
   73  under section 2 of this act.
   74         Section 4. This act shall take effect upon becoming a law.