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