Florida Senate - 2015                              (NP)    SB 80
       
       
        
       By Senator Flores
       
       
       
       
       
       37-00065-15                                             201580__
    1                        A bill to be entitled                      
    2         An act for the relief of Michael Rardin by the North
    3         Broward Hospital District; providing for an
    4         appropriation to compensate Michael Rardin, Patricia
    5         Rardin, his wife, and Emily and Kayla Rardin, their
    6         two minor children, for injuries sustained as a result
    7         of the negligence of the North Broward Hospital
    8         District; providing a limitation on the payment of
    9         fees and costs; providing an effective date.
   10  
   11         WHEREAS, on July 14, 2011, Michael Rardin, a 42-year-old
   12  construction company employee earning a six-figure salary,
   13  visited the emergency room at the North Broward Medical Center,
   14  which is owned and operated by the North Broward Hospital
   15  District, complaining of chest pain, shortness of breath for the
   16  prior two weeks, and the need to sleep during the day, and
   17         WHEREAS, based on Mr. Rardin’s alarming vital signs, he was
   18  triaged as a priority 1/critical patient, and
   19         WHEREAS, Mr. Rardin was evaluated by Susan Nesselroth,
   20  M.D., at 2:04 p.m., who noted that his chief complaint was
   21  persistent shortness of breath with an associated cough, and
   22         WHEREAS, Dr. Nesselroth ordered an oxygen saturation
   23  monitor, which reported a critical oxygen saturation level of 53
   24  percent, and a nonrebreather mask with supplemental oxygen, and
   25         WHEREAS, Mr. Rardin was to be monitored in the emergency
   26  department, and
   27         WHEREAS, in violation of the standard of care, Mr. Rardin,
   28  a priority 1/critical patient, was not placed on a centrally
   29  monitored respiratory or cardiac monitor, and
   30         WHEREAS, a chest x-ray was performed which indicated a left
   31  lower lobe infiltrate, and Dr. Nesselroth’s diagnostic
   32  impression was left lower lobe pneumonia and hypoxia, and
   33         WHEREAS, Mr. Rardin proceeded to progressively deteriorate
   34  for about the following 2 hours, and
   35         WHEREAS, at 3:57 p.m., Dr. Nesselroth was called to Mr.
   36  Rardin’s bedside and a nurse noted increased respiratory
   37  distress and difficulty arousing Mr. Rardin, and
   38         WHEREAS, at Mr. Rardin’s bedside, Dr. Nesselroth evaluated
   39  him as unresponsive, diaphoretic, and as having agonal
   40  respirations, and
   41         WHEREAS, in violation of the standard of care, Mr. Rardin
   42  was not intubated until about 2 hours after Dr. Nesselroth’s
   43  initial evaluation that indicated critical oxygen values, and
   44         WHEREAS, at 4:05 p.m., the first of two intubation attempts
   45  resulted in an esophageal intubation, where oxygen was being
   46  delivered to Mr. Rardin’s stomach rather than his lungs, and
   47         WHEREAS, as a result of the faulty intubation, Mr. Rardin
   48  became asystolic and a code was called, which led to the
   49  administration of cardiopulmonary resuscitation (CPR) and
   50  Advance Life Support (ALS) efforts, and
   51         WHEREAS, by the time hospital personnel were able to
   52  successfully intubate Mr. Rardin he had suffered a serious and
   53  permanent hypoxic brain injury due to the length of time,
   54  approximately 10 minutes, during which his brain did not receive
   55  sufficient oxygen, and
   56         WHEREAS, as a result of the hospital personnel’s negligent
   57  failure to monitor and timely intubate Mr. Rardin, he now
   58  suffers from a permanent brain injury and symptoms such as
   59  visual disturbances, short-term memory loss, and severe
   60  depression, and
   61         WHEREAS, as a result of the hospital personnel’s negligent
   62  failure to monitor and timely intubate Mr. Rardin, he can no
   63  longer support his family or provide the company and affection
   64  that he otherwise would have provided to his wife, Patricia
   65  Rardin, and their two minor children, Emily and Kayla Rardin,
   66  and
   67         WHEREAS, a tort claim was filed on behalf of Mr. Rardin,
   68  Case No. 12-034723(13), in the 17th Judicial Circuit, and
   69         WHEREAS, the North Broward Hospital District and Mr. Rardin
   70  have agreed to settle the claim for $2.2 million, and
   71         WHEREAS, $200,000 has been paid pursuant to the statutory
   72  limits of liability imposed under s. 768.28, Florida Statutes,
   73  and
   74         WHEREAS, the North Broward Hospital District has agreed to
   75  fully cooperate and promote the passage of this claim bill in
   76  the amount of $2 million, the remainder of the settlement
   77  amount, NOW, THEREFORE,
   78  
   79  Be It Enacted by the Legislature of the State of Florida:
   80  
   81         Section 1. The facts stated in the preamble to this act are
   82  found and declared to be true.
   83         Section 2. The North Broward Hospital District is
   84  authorized and directed to appropriate from funds of the
   85  district not otherwise appropriated, including insurance, and to
   86  draw a warrant in the sum of $2 million payable to Michael
   87  Rardin, as compensation for the catastrophic injuries and
   88  damages he sustained.
   89         Section 3. The amount paid by the North Broward Hospital
   90  District pursuant to s. 768.28, Florida Statutes, and the amount
   91  awarded under this act are intended to provide the sole
   92  compensation for all present and future claims arising out of
   93  the factual situation described in this act which resulted in
   94  the catastrophic injuries to Mr. Rardin. The total amount paid
   95  for attorney fees, lobbying fees, costs, and other similar
   96  expenses relating to this claim may not exceed 25 percent of the
   97  amount awarded under this act.
   98         Section 4. This act shall take effect upon becoming a law.