March 23, 2019
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Senate Bill 0040

Senate Bill sb0040

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004        (NP)                        SB 40

    By Senator Diaz de la Portilla





    36-18A-04

  1                      A bill to be entitled

  2         An act relating to the South Broward Hospital

  3         District; providing for the relief of Jeffrey

  4         Haider; providing for an appropriation to

  5         compensate him for injuries and damages

  6         sustained as a result of the negligence of the

  7         South Broward Hospital District; providing for

  8         attorney's fees and costs; providing an

  9         effective date.

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11         WHEREAS, in May 2000, Jeffrey Haider, a 45-year-old

12  man, began experiencing headaches, vomiting, fatigue,

13  dizziness, and behavioral changes, such as difficulty

14  concentrating and confusion, and

15         WHEREAS, as a result of these symptoms, Jeffrey Haider

16  saw several health care providers over a period of several

17  weeks, and

18         WHEREAS, an MRI of Jeffrey Haider was taken on May 31,

19  2000, and

20         WHEREAS, a radiologist and a neurologist determined

21  that Jeffrey Haider had a large mass within the right temporal

22  lobe which was 7 x 5 centimeters in size, and

23         WHEREAS, the mass was diagnosed as a brain tumor and

24  Jeffrey Haider was referred to a neurosurgeon, and

25         WHEREAS, the neurosurgeon who examined Jeffrey Haider

26  agreed that the patient had a right temporal lobe tumor and

27  recommended a craniotomy for resection of the tumor, and

28         WHEREAS, the procedure was performed on June 5, 2000,

29  and once the incisions in the area of the middle cerebral

30  artery were made, massive bleeding occurred, with blood

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    Florida Senate - 2004        (NP)                        SB 40
    36-18A-04




 1  gushing out of Jeffrey Haider's incisions under pulsating

 2  pressure, and

 3         WHEREAS, at this point the neurosurgeon realized that

 4  the diagnosis of a tumor was incorrect and that Jeffrey Haider

 5  had an aneurysm, and

 6         WHEREAS, in fact, the neurosurgeon notes in his

 7  operative report that "at this point, we felt that this

 8  probably was an aneurysm. I brought in the radiologist who

 9  felt that, in retrospect, this was a possibility," and

10         WHEREAS, an aneurysm is a permanent, abnormally

11  blood-filled dilation of a blood vessel, usually resulting

12  from the disease of a vessel wall, and it is common medical

13  knowledge that puncturing an aneurysm is the incorrect

14  treatment for a cerebral aneurysm, and

15         WHEREAS, the surgeon and the radiologist then summoned

16  an interventional radiologist who performed an angiogram, a

17  procedure that should have been ordered prior to the

18  operation, and

19         WHEREAS, the intraoperative angiogram revealed a giant

20  aneurysm filling from the right middle cerebral artery, and

21         WHEREAS, in an instance of further negligence on the

22  part of the South Broward Hospital District, the neurosurgeon

23  did not repair Jeffrey Haider's middle cerebral artery, but

24  instead controlled the bleeding from the aneurysm for about 45

25  minutes and then closed the dura and the skull, and then sent

26  Jeffrey Haider to the intensive care unit "with the idea of

27  reoperating at a later time," and

28         WHEREAS, however, within hours, Jeffrey Haider was

29  exhibiting dangerous neurological symptoms and was in need of

30  immediate repair of the aneurysm, and

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    Florida Senate - 2004        (NP)                        SB 40
    36-18A-04




 1         WHEREAS, on June 6, 2000, the repair surgery was

 2  commenced, and

 3         WHEREAS, when Jeffrey Haider's brain was opened it was

 4  noted to be "extremely swollen" and the "aneurysm was causing

 5  tremendous pressure on the brain and herniating through the

 6  craniotomy," and

 7         WHEREAS, at that point the neurosurgeon compounded

 8  Jeffrey Haider's condition by tearing off the M1 artery from

 9  the junction of the aneurysm and the M2 artery so that he was

10  unable to perform an anastomosis to repair and join the

11  arteries, and

12         WHEREAS, Dr. Rodriquez, the neurosurgeon, states in his

13  operative report that "the larger M2 (artery), and even the

14  other one, were essentially on the aneurysm bulbous dilation

15  and I could not bring them together to do an anostemosis," and

16         WHEREAS, Jeffrey Haider has suffered astronomical

17  economic and noneconomic damages as a result of the treatment

18  he received from the South Broward Hospital District, and

19         WHEREAS, Jeffrey Haider is in a chronic vegetative

20  state state and requires 7-day-a-week, around-the-clock care,

21  NOW, THEREFORE,

22  

23  Be It Enacted by the Legislature of the State of Florida:

24  

25         Section 1.  The facts stated in the preamble to this

26  act are found and declared to be true.

27         Section 2.  The South Broward Hospital District is

28  authorized and directed to appropriate from funds of the

29  hospital district not otherwise appropriated and to draw a

30  warrant in the sum of $3,800,000, plus interest, as agreed to

31  by the claimant and the South Broward Hospital District,

                                  3

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    Florida Senate - 2004        (NP)                        SB 40
    36-18A-04




 1  payable to Jeffrey Haider as compensation for injuries and

 2  damages sustained. After payment of attorney's fees and costs,

 3  the balance shall be paid into the guardianship account

 4  established for Jeffrey Haider.

 5         Section 3.  This act shall take effect upon becoming a

 6  law.

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