Florida Senate - 2015                              (NP)    SB 34
       
       
        
       By Senator Diaz de la Portilla
       
       
       
       
       
       40-00054-15                                             201534__
    1                        A bill to be entitled                      
    2         An act for the relief of Asia Rollins by the Public
    3         Health Trust of Miami-Dade County, d/b/a Jackson
    4         Memorial Hospital; providing an appropriation to
    5         compensate her for injuries and damages sustained as a
    6         result of the negligence of the Public Health Trust of
    7         Miami-Dade County; providing a limitation on the
    8         payment of fees and costs; providing an effective
    9         date.
   10  
   11         WHEREAS, on October 26, 2011, 3-year-old Asia Rollins
   12  suffered a seizure at her day care center and was taken by
   13  emergency medical personnel to Jackson Memorial Hospital, and
   14         WHEREAS, at the hospital, Asia Rollins experienced
   15  difficulty breathing and was electively intubated a total of
   16  four times, during the third of which vomit was expelled from
   17  her endotracheal tube, and
   18         WHEREAS, the delay between the intubations deprived Asia
   19  Rollins of oxygen for extended periods, causing her oxygen
   20  levels and heart rate to decrease, and
   21         WHEREAS, as a result of her depleted oxygen levels and
   22  decreased heart rate, Asia Rollins went into asystole, and
   23         WHEREAS, by the time cardiopulmonary resuscitation was
   24  completed Asia Rollins suffered a global ischemic brain injury
   25  and was subsequently diagnosed with hypoxic ischemic
   26  encephalopathy and cortical blindness, and
   27         WHEREAS, Asia Rollins, now 6 years old, is unable to walk
   28  or talk and will never be able to live an independent life, and
   29         WHEREAS, Asia Rollins’s neurologist recommends that she
   30  receive 24-hour care for the rest of her life, and
   31         WHEREAS, Asia Rollins needs assistive devices for
   32  ambulation and is unable to dress or feed herself or get around
   33  her home, which requires modification to accommodate the
   34  required assistive and therapy devices, and
   35         WHEREAS, the Public Health Trust of Miami-Dade County
   36  agreed to settle Asia Rollins’s claim for $999,999, and
   37         WHEREAS, $300,000, has been paid pursuant to the statutory
   38  limits of liability in s. 768.28, Florida Statutes, and $699,999
   39  remains to be paid, NOW, THEREFORE,
   40  
   41  Be It Enacted by the Legislature of the State of Florida:
   42  
   43         Section 1. The facts stated in the preamble to this act are
   44  found and declared to be true.
   45         Section 2. The Public Health Trust of Miami-Dade County,
   46  d/b/a Jackson Memorial Hospital, is authorized and directed to
   47  appropriate from funds not otherwise encumbered and to draw a
   48  warrant in the sum of $699,999, payable to Asia Rollins.
   49         Section 3. The amount paid by the Public Health Trust of
   50  Miami-Dade County pursuant to s. 768.28, Florida Statutes, and
   51  the amount awarded under this act are intended to provide the
   52  sole compensation for all present and future claims arising out
   53  of the factual situation described in this act which resulted in
   54  the injuries and damages to Asia Rollins.
   55         Section 4. The total amount paid for attorney fees,
   56  lobbying fees, and related costs may not exceed 15 percent of
   57  the amount awarded under this act, absent a waiver of this fee
   58  limitation executed by the claimant, and in such event, the fee
   59  may not exceed 25 percent of the total amount awarded under this
   60  act.
   61         Section 5. This act shall take effect upon becoming a law.