Florida Senate - 2009                     (Reformatted)    SB 46
       
       
       
       By Senator Ring
       
       
       
       
       32-00138-09                                             200946__
    1                        A bill to be entitled                      
    2         An act for the relief of Raul Otero by the South
    3         Broward Hospital District; providing for an
    4         appropriation to compensate him for injuries sustained
    5         as a result of the negligence of Memorial Regional
    6         Hospital; providing a limitation on the payment of
    7         fees and costs; providing an effective date.
    8  
    9         WHEREAS, on March 28, 2003, 18-year-old Raul Otero was
   10  involved in a motorcycle accident, and was seriously injured and
   11  taken to Memorial Regional Hospital in Hollywood, Florida.
   12  Memorial Regional Hospital is a public hospital owned by the
   13  South Broward Hospital District. His injuries resulted in an
   14  above-the-knee amputation of his left leg and a spleenectomy.
   15  The insurer of the at-fault driver tendered $1 million, which
   16  was the driver's policy limit, and
   17         WHEREAS, on April 16, 2003, while in the trauma intensive
   18  care unit at Memorial Regional Hospital, Mr. Otero was taken
   19  during the night shift to the MRI laboratory for a scan to rule
   20  out a nonemergency shoulder injury. Although he was alert and
   21  oriented, he had not given consent for the procedure, and his
   22  parents, who do not speak English, had not given consent for the
   23  procedure. Mr. Otero became panicky during the scan and was
   24  given several doses of a narcotic sedative, Versed, in addition
   25  to the narcotic medication he was already receiving
   26  intravenously. Because of his panicked thrashing, an order for a
   27  paralytic drug was also given. Lawton Tang, M.D., a surgical
   28  resident employed by Mt. Sinai Medical Center and working under
   29  the supervision of attending physicians of the South Broward
   30  Hospital District on a rotation through Memorial Regional
   31  Hospital, was not present and gave the medication orders by
   32  telephone, and
   33         WHEREAS, shortly thereafter Raul Otero went into cardiac
   34  arrest, a code was called, and, after a relatively extended
   35  process, Mr. Otero was successfully resuscitated. However, he
   36  was found to be suffering from anoxic encephalopathy, and
   37         WHEREAS, several physicians, including the trauma resident
   38  on duty at the time, testified that Mr. Otero was not stable
   39  enough to be taken from intensive care during the midnight shift
   40  for an elective MRI. In fact, the very next day this practice
   41  was expressly forbidden by then Chief of Trauma, Lawrence
   42  Lottenberg, M.D., and
   43         WHEREAS, the hospital's pharmacist failed to prohibit the
   44  overdose and stop the doubling and tripling of medication
   45  administration and the administration of inappropriate paralytic
   46  medication, as did the nursing staff, and the medication orders
   47  were also ratified by the head nurse in the trauma intensive
   48  care unit that night, and
   49         WHEREAS, Mr. Otero was accompanied by a nurse and a
   50  respiratory therapist to the MRI laboratory, but was removed
   51  from his ventilator at the time he was transported to the MRI
   52  during the night shift when the hospital operates using
   53  significantly fewer staff. As a result, Mr. Otero was not
   54  adequately monitored and his ventricular fibrillation was not
   55  detected in a timely manner. Indeed, based on the severity of
   56  his brain damage, it appears that Mr. Otero was in ventricular
   57  fibrillation for a significant time before resuscitation began.
   58  As a result, oxygenated blood was not being delivered to his
   59  brain or other vital organs when he was being ventilated, and
   60         WHEREAS, the records clearly state that Mr. Otero was not
   61  connected to any type of cardiac monitor when he was transported
   62  to the MRI laboratory. Although it is not clear from the record,
   63  there is some evidence to suggest that Mr. Otero may have
   64  exhibited cardiac symptoms before the evening of April 16, and
   65         WHEREAS, Raul Otero is completely incontinent, is
   66  quadriplegic, and cannot speak, and is unable to consistently
   67  follow simple one-step commands. Mr. Otero's life-care plan was
   68  drafted by Sharon Griffin, Ph.D., and was originally valued in
   69  excess of $20 million. Now that his feeding tube and ventilator
   70  have been removed, the cost of his future care has been revised
   71  to approximately $12 million, and
   72         WHEREAS, the surgical resident, Lawton Tang, M.D., the
   73  resident who gave the telephonic medication orders, and Mt.
   74  Sinai Medical Center, his employer, have settled for $2 million,
   75  and
   76         WHEREAS, the South Broward Hospital District has agreed to
   77  pay $100,000 to Raul Otero and $100,000 to his mother and
   78  primary caregiver, Ana Otero, pursuant to s. 728.28, Florida
   79  Statutes. In addition, the district has agreed to the passage of
   80  a claim bill in the amount of $2 million and to expressly lobby
   81  for passage of such bill, NOW, THEREFORE,
   82  
   83  Be It Enacted by the Legislature of the State of Florida:
   84         
   85         Section 1. The facts stated in the preamble to this act are
   86  found and declared to be true.
   87         Section 2. The South Broward Hospital District is
   88  authorized and directed to appropriate from funds of the
   89  district not otherwise appropriated and to draw a warrant in the
   90  sum of $2 million payable to Raul Otero as compensation for
   91  injuries and damages sustained.
   92         Section 3. The amount awarded in this act is intended to
   93  provide the sole compensation for all present and future claims
   94  arising out of the factual situation described in this act which
   95  resulted in injury to Raul Otero. The total amount paid for
   96  attorney's fees, lobbying fees, costs, and other similar
   97  expenses relating to the adoption of this act may not exceed 25
   98  percent of the total amount awarded under this act.
   99         Section 4. This act shall take effect upon becoming a law.