HB 877

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
55	are 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.

CODING: Words stricken are deletions; words underlined are additions.