March 20, 2019
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Senate Bill 0040

Senate Bill sb0040c1

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                             CS for SB 40

    By the Committee on Health, Aging, and Long-Term Care; and
    Senator Diaz de la Portilla




    317-2193-04

  1                      A bill to be entitled

  2         An act relating to the South Broward Hospital

  3         District; providing for the relief of the

  4         family of Jeffrey Haider, deceased; providing

  5         for an appropriation to compensate his family

  6         for injuries and damages sustained by Jeffery

  7         Haider as a result of the negligence of the

  8         South Broward Hospital District; providing for

  9         attorney's fees and costs; providing an

10         effective date.

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

13  man, began experiencing headaches, vomiting, fatigue,

14  dizziness, and behavioral changes, such as difficulty

15  concentrating and confusion, and

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

17  saw several health care providers over a period of several

18  weeks, and

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

20  2000, and

21         WHEREAS, a radiologist and a neurologist determined

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

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

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

25  Jeffrey Haider was referred to a neurosurgeon, and

26         WHEREAS, the neurosurgeon who examined Jeffrey Haider

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

28  recommended a craniotomy for resection of the tumor, and

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

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

31  artery were made, massive bleeding occurred, with blood

                                  1

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    Florida Senate - 2004                             CS for SB 40
    317-2193-04




 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

31  

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    Florida Senate - 2004                             CS for SB 40
    317-2193-04




 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 anastomosis," 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 was in a chronic vegetative

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

21  his death on January 1, 2004, 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.  (1)  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                             CS for SB 40
    317-2193-04




 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         (2)  The claimants, Alan Haider, Max Haider, Jonathan

 6  Haider, and Jessica Haider, and the attorney for each of the

 7  claimants shall, as a condition of payment, nominate a

 8  financial institution doing business in this state, or an

 9  independent individual who is not related to the claimants by

10  blood, marriage, or contract, to act as a trustee for an

11  irrevocable inter vivos trust established for the benefit of

12  each respective claimant. In addition, the proceeds that are

13  paid to Alan Haider, Max Haider, Jonathan Haider, and Jessica

14  Haider shall be placed in separate, irrevocable inter vivos

15  trusts, to be used solely for the health care, support,

16  maintenance, and education of each respective claimant until

17  that claimant is 30 years of age. The trustee must take into

18  consideration any other resources and income of the

19  beneficiary of a trust before disbursing any funds from a

20  trust to the claimant who is the beneficiary of that trust. To

21  that end, the trustee of the trusts must possess experience in

22  financial and trust management. The amount payable under this

23  section is inclusive of costs and attorney's fees, as limited

24  by section 768.28(8), Florida Statutes.

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

26  law.

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    Florida Senate - 2004                             CS for SB 40
    317-2193-04




 1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 2                          Senate Bill 40

 3                                 

 4  The title is revised to reflect the death of the claimant, Mr.
    Haider. The bill requires the South Broward Hospital District
 5  to pay the Haider family $3.8 million plus liquidated interest
    of $46,437 in specified distributions: the wife of the
 6  deceased gets 60 percent and the trust of each adult child
    gets 10 percent. The bill provides requirements for the
 7  creation of trusts for each of the adult children of Mr. and
    Mrs. Haider to protect the awarded funds. The duration of each
 8  trust is until each adult child reaches age 30. The bill
    specifies qualifications for the trustee.
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