HB 6523 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act for the relief of Rafael Rodriguez by the 2
Hendry County Hospital Authority; providing for an 3
appropriation to compensate Rafael Rodriguez for 4
injuries sustained as a result of the negligence of 5
employees of the Hendry County Hospital Authority; 6
providing a limitation on compensation and the payment 7
of attorney fees; providing an effective date. 8
9
WHEREAS, on September 30, 2007, Rafael Rodrig uez was 10
admitted to the emergency room at Hendry Regional Medical Center 11
(HRMC), a hospital owned and operated by the Hendry County 12
Hospital Authority, and was diagnosed with perforated 13
diverticulitis, and 14
WHEREAS, general surgeon Dr. Ramon Leonard Carrol l, Jr., an 15
HRMC employee, ordered treatment with intravenous (IV) 16
antibiotics in lieu of a colostomy, and hospitalist Dr. Hans 17
Louis Charles, an HRMC employee, acceded to Dr. Carroll's 18
nonsurgical care plan, and 19
WHEREAS, a computerized tomography (CT) sca n of Mr. 20
Rodriguez's pelvis and abdomen showed evidence of a perforated 21
sigmoid diverticulum, and Dr. Carroll concluded that Mr. 22
Rodriguez's symptoms and radiological findings showed free 23
intraperitoneal air around the colon, evidencing a perforated 24
diverticulum, and 25
HB 6523 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
WHEREAS, after 2 days of antibiotic treatment, Dr. Charles 26
sought a surgical consult with Dr. Carroll, advising him that 27
the IV antibiotics were not working to treat the perforated 28
diverticulum, and the doctors made the joint negligent decisio n 29
to treat Mr. Rodriguez expectantly with nonsurgical care, and 30
WHEREAS, a second CT scan of Mr. Rodriguez's abdomen and 31
pelvis revealed a 100 percent perforation with fistula formation 32
and no resolution of the infection, and Dr. Charles and Dr. 33
Carroll agreed to continue to treat Mr. Rodriguez nonsurgically, 34
even though Dr. Charles recommended immediate surgical 35
intervention in his progress notes, and 36
WHEREAS, Dr. Charles transferred Mr. Rodriguez's care to 37
hospitalist Dr. Prashant Barakoti, an HRMC empl oyee, while 38
noting in his progress reports that a CT scan was done on 39
October 7, 2007, which showed a pelvic abscess 4.6 by 5.8 40
centimeters with a prominent air fluid level in the pelvis, and 41
WHEREAS, despite Mr. Rodriguez having a continuing 42
infection that required ongoing medical treatment, Dr. Carroll 43
discharged Mr. Rodriguez from HRMC to his home without operating 44
on or draining the pelvic abscess, and after only 3 days, Mr. 45
Rodriguez was readmitted to the emergency room at HRMC with 46
complaints of severe middle back pain, abdominal pain, and a 47
fever, and 48
WHEREAS, Dr. Barakoti transferred care back to Dr. Charles, 49
who continued medical management and still did not recommend 50
HB 6523 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
surgical intervention, and 51
WHEREAS, Dr. Carroll performed a surgical consult, n oting 52
Mr. Rodriguez's complaints of lower back pain and fever, and 53
determined that Mr. Rodriguez had a ruptured diverticulum with 54
small abscess formation in the pelvis, and 55
WHEREAS, Dr. Carroll decided to go along with Dr. 56
Barakoti's plan of care to merel y monitor Mr. Rodriguez, failing 57
to recommend draining the abscess and surgically repairing the 58
ruptured diverticulum, and 59
WHEREAS, Mr. Rodriguez's blood cultures obtained while in 60
the emergency room were found to be positive for Klebsiella 61
pneumoniae, but Dr. Charles failed to recommend draining the 62
abscess and surgically repairing the ruptured diverticulum or to 63
transfer Mr. Rodriguez to another hospital for drainage and 64
surgical intervention, even with the overwhelming evidence that 65
surgical interventio n was necessary, and 66
WHEREAS, Dr. Charles ordered Mr. Rodriguez to be started on 67
IV Rocephin, a broad -spectrum antibiotic, and Dilaudid every 4 68
to 6 hours for severe back pain and ordered additional blood 69
cultures, which came back positive for K. pneumoniae, and, at 70
the time, Mr. Rodriguez's white blood cell count was elevated at 71
16,400 with increased polys, and 72
WHEREAS, on October 20, 2007, Mr. Rodriguez started to 73
complain of bilateral inner thigh pain, difficulty walking, and 74
incontinence, and showed s igns of a worsening neurological 75
HB 6523 2022
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condition, and 76
WHEREAS, a magnetic resonance imaging (MRI) machine, which 77
would have revealed the presence of the early stages of an 78
epidural abscess, was unavailable, but Dr. Charles continued to 79
treat Mr. Rodriguez medic ally rather than transfer him to 80
another hospital with an available MRI and surgical staff who 81
could have surgically intervened, and 82
WHEREAS, Dr. Charles failed to perform any motor or sensory 83
testing and, despite suspecting spinal stenosis, failed to 84
recommend an immediate surgical intervention or transfer Mr. 85
Rodriguez to a medical center with an orthopedic spine surgeon 86
or neurosurgeon, and 87
WHEREAS, Mr. Rodriguez developed neck and lower back pain 88
despite receiving narcotic pain medications and was suffering 89
from loose and bloody bowel movements, and Dr. Charles advised 90
Mr. Rodriguez that he would need to be transferred to another 91
facility but failed to arrange the transfer, and instead 92
dictated a discharge summary, planning to send Mr. Rodriguez 93
home with white blood cells at 19,000, a temperature of 100.6 94
degrees, and an inability to stand or walk, and 95
WHEREAS, hospitalist Dr. Lopez -Cespedes, another HRMC 96
employee, was present when Mr. Rodriguez felt no sensation from 97
the umbilical area down, was u nable to move his lower 98
extremities, and had weak upper arm movements, and Dr. Lopez -99
Cespedes noted that Mr. Rodriguez had decreased muscle strength 100
HB 6523 2022
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and sensory perception and noted a positive blood culture and 101
yeast in the blood, but did not immediately a rrange for Mr. 102
Rodriguez to be transferred to another facility, and 103
WHEREAS, on October 23, 2007, Mr. Rodriguez began 104
complaining of a tingling sensation in both hands, and Dr. 105
Lopez-Cespedes noted that Mr. Rodriguez was unable to move his 106
legs and continued to have significant decreased sensation to 107
the level T10-T11, and 108
WHEREAS, an MRI of Mr. Rodriguez's lumbar spine was finally 109
performed, showing an epidural collection anteriorly to the 110
thecal sac in the thoracic spine and lumbar spine, and Mr. 111
Rodriguez was finally transferred and admitted to Jupiter 112
Medical Center under the care of orthopedic surgeon Dr. Katzman, 113
who diagnosed Mr. Rodriguez with an epidural abscess and an 114
unoperated perforated sigmoid colon, and 115
WHEREAS, Mr. Rodriguez underwent a de compressive 116
laminectomy at C1-C6 with the evacuation of an epidural abscess, 117
an exploratory laparoscopic drainage of multiple abscesses, 118
sigmoid resection and colostomy, and small bowel resection, and 119
WHEREAS, today, Mr. Rodriguez is a quadriplegic due to the 120
failure of and delay in emergent treatment by HRMC employees, 121
and he does not have an attendant care assistant for his daily 122
activities, instead relying on a friend with an intellectual 123
disability who lives in his trailer with him and who has no 124
medical training, and 125
HB 6523 2022
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WHEREAS, a tort claim was filed on behalf of Mr. Rodriguez 126
in the Circuit Court for the 20th Judicial Circuit in and for 127
Hendry County, and the Hendry County Hospital Authority agreed 128
to amicably settle this matter with the entry of a con sent 129
judgment in the amount of $7.6 million, and 130
WHEREAS, the Hendry County Hospital Authority has paid the 131
statutory limit of $100,000 to Mr. Rodriguez, pursuant to s. 132
768.28, Florida Statutes, and the authority has agreed to fully 133
cooperate and promote the passage of this claim bill in the 134
amount of $7.5 million, NOW, THEREFORE, 135
136
Be It Enacted by the Legislature of the State of Florida: 137
138
Section 1. The facts stated in the preamble to this act 139
are found and declared to be true. 140
Section 2. The Hendry County Hospital Authority is 141
authorized and directed to appropriate from funds of the 142
authority not otherwise encumbered and to draw a warrant in the 143
amount of $7.5 million payable to Rafael Rodriguez as 144
compensation for injuries and damages sustained as a result of 145
the negligence of employees of the Hendry County Hospital 146
Authority. 147
Section 3. The amount paid by the Hendry County Hospital 148
Authority pursuant to s. 768.28, Florida Statutes, and the 149
amount awarded under this act are intended to provi de the sole 150
HB 6523 2022
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
compensation for all present and future claims arising out of 151
the factual situation described in this act which resulted in 152
injuries and damages to Rafael Rodriguez. The total amount paid 153
for attorney fees relating to this claim may not exceed 25 154
percent of the amount awarded under this act. 155
Section 4. This act shall take effect upon becoming a law. 156