Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 80
       
       
       
       
       
       
                                Ì569698vÎ569698                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/25/2015           .                                
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       The Committee on Judiciary (Ring) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete line 87
    4  and insert:
    5  Rardin and Patricia Rardin, as compensation for the catastrophic
    6  injuries and
    7  
    8  ================= T I T L E  A M E N D M E N T ================
    9  And the title is amended as follows:
   10         Delete lines 2 - 69
   11  and insert:
   12         An act for the relief of Michael and Patricia Rardin
   13         by the North Broward Hospital District; providing for
   14         an appropriation to compensate Michael and Patricia
   15         Rardin for injuries sustained as a result of the
   16         negligence of the North Broward Hospital District;
   17         providing a limitation on the payment of fees and
   18         costs; providing an effective date.
   19  
   20         WHEREAS, on July 14, 2011, Michael Rardin, a 42-year-old
   21  construction company employee earning a six-figure salary,
   22  visited the emergency room at the North Broward Medical Center,
   23  which is owned and operated by the North Broward Hospital
   24  District, complaining of chest pain, shortness of breath for the
   25  prior 2 weeks, and the need to sleep during the day, and
   26         WHEREAS, based on Mr. Rardin’s alarming vital signs, he was
   27  triaged as a priority 1/critical patient, and
   28         WHEREAS, Mr. Rardin was evaluated by Susan Nesselroth,
   29  M.D., at 2:04 p.m., who noted that his chief complaint was
   30  persistent shortness of breath with an associated cough, and
   31         WHEREAS, Dr. Nesselroth ordered an oxygen saturation
   32  monitor, which reported a critical oxygen saturation level of 53
   33  percent, and a nonrebreather mask with supplemental oxygen, and
   34         WHEREAS, Mr. Rardin was to be monitored in the emergency
   35  department, and
   36         WHEREAS, in violation of the standard of care, Mr. Rardin,
   37  a priority 1/critical patient, was not placed on a centrally
   38  monitored respiratory or cardiac monitor, and
   39         WHEREAS, a chest x-ray was performed, which indicated a
   40  left lower lobe infiltrate, and Dr. Nesselroth’s diagnostic
   41  impression was left lower lobe pneumonia and hypoxia, and
   42         WHEREAS, Mr. Rardin proceeded to progressively deteriorate
   43  for about the following 2 hours, and
   44         WHEREAS, at 3:57 p.m., Dr. Nesselroth was called to Mr.
   45  Rardin’s bedside and a nurse noted increased respiratory
   46  distress and difficulty arousing Mr. Rardin, and
   47         WHEREAS, at Mr. Rardin’s bedside, Dr. Nesselroth evaluated
   48  him as unresponsive, diaphoretic, and as having agonal
   49  respirations, and
   50         WHEREAS, in violation of the standard of care, Mr. Rardin
   51  was not intubated until about 2 hours after Dr. Nesselroth’s
   52  initial evaluation that indicated critical oxygen values, and
   53         WHEREAS, at 4:05 p.m., the first of two intubation attempts
   54  resulted in an esophageal intubation, where oxygen was being
   55  delivered to Mr. Rardin’s stomach rather than his lungs, and
   56         WHEREAS, as a result of the faulty intubation, Mr. Rardin
   57  became asystolic and a code was called, which led to the
   58  administration of cardiopulmonary resuscitation (CPR) and
   59  Advance Life Support (ALS) efforts, and
   60         WHEREAS, by the time hospital personnel were able to
   61  successfully intubate Mr. Rardin he had suffered a serious and
   62  permanent hypoxic brain injury due to the length of time,
   63  approximately 10 minutes, during which his brain did not receive
   64  sufficient oxygen, and
   65         WHEREAS, as a result of the hospital personnel’s negligent
   66  failure to monitor and timely intubate Mr. Rardin, he now
   67  suffers from a permanent brain injury and symptoms such as
   68  visual disturbances, short-term memory loss, and severe
   69  depression, and
   70         WHEREAS, as a result of the hospital personnel’s negligent
   71  failure to monitor and timely intubate Mr. Rardin, he can no
   72  longer support his family or provide the company and affection
   73  that he otherwise would have provided to his wife, Patricia
   74  Rardin, and their two minor children, Emily and Kayla Rardin,
   75  and
   76         WHEREAS, a tort claim was filed on behalf of Michael and
   77  Patricia Rardin, Case No. 12-034723(13), in the 17th Judicial
   78  Circuit, and
   79         WHEREAS, the North Broward Hospital District and Mr. and
   80  Mrs. Rardin