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.