March 25, 2008

Re: SB 60 (2008) – Senator Jeremy Ring

HB 183 (2008) – Representative Evan Jenne Relief of Adrian Fuentes

SPECIAL MASTER’S FINAL REPORT

THIS IS AN UNOPPOSED CLAIM FOR $1.6 MILLION BASED ON A COURT-APPROVED SETTLEMENT AGREEMENT FOR THE SOUTH BROWARD HOSPITAL DISTRICT TO COMPENSATE ADRIAN FUENTES, AGE 5, FOR CEREBRAL PALSY CAUSED BY THE FAILURE TO DIAGNOSE TIMELY AN INTRAUTERINE GROWTH RESTRICTION BEFORE HE WAS BORN IN 2002.

measured and was normal, indicating that Adrian’s brain and kidneys were functioning normally on that day. Dr. Rosendorf directed that the report be "STAT faxed" to the ordering midwife, Ms. Harrison, at the clinic. There is no evidence that the report was ever faxed. There is no fax number for the clinic listed on the report and no record to confirm either its transmission or receipt. According to the undisputed report by Counsel for the Claimant, various hospital employees testified that they were unaware of a "STAT fax" policy and staff at the clinic testified that they have never before received a report labeled "STAT fax," but they did know that an ultrasound report with results similar to those in the Fuentes report were, according to clinic policy, to be brought immediately to the attention of a nurse midwife or doctor.

Two days later, on April 25, 2002, Mrs. Fuentes came to the clinic. Her counsel reported that she was there for a regularly scheduled appointment, but the report of Sharon Griffin, a disability analyst, indicates that Mrs. Fuentes went to the clinic because she did not feel the baby moving that morning. At the clinic, she was examined by a midwife and was about to leave when she was rushed back into the examining room after someone at the clinic apparently noticed the ultrasound report. Following additional testing, the staff called fire rescue to transport Mrs. Fuentes to Memorial Hospital for an emergency caesarean section. Adrian Fuentes was born within 32 minutes of his mother's arrival at the hospital with abnormally low Apgar scores and no amniotic fluid. Apparently, no follow up tests for neurological deficits were performed. After a stay in the neonatal intensive care unit for hypoglycemia, an abnormally fast respiratory rate, jaundice and IUGR, Adrian was discharged home with his parents.

During his first year, Adrian was diagnosed and hospitalized for gastroesophageal reflux, fever and thyroid abnormalities. When he was approximately a year old, and still unable to crawl, sit up on his own, or hold his bottle, an MRI confirmed that Adrian has cerebral palsy, characterized by spastic triplegia (three severely impaired limbs, his right arm and both legs).

Physically, Adrian is still unable to walk on his own and uses a wheelchair. He is unable to perform most activities of daily living including bathing, brushing his teeth, dressing, and using the bathroom without assistance. Cognitively, he shows

significant pervasive developmental delays. Given his handicaps, Adrian is expected never to be mainstreamed in a regular classroom, to achieve independent ambulation, to have any earning capacity, or to live independently.

The life care plan projects a cost of $9,096,782 for Adrian's medical care, therapies, surgeries, transportation, supplies, medications, equipment, residential modifications, and attendant care.

October 9, 2007, the attorneys reported having incurred costs of $115,246.02 for representing the Claimant. The Claimants entered into an agreement to pay attorneys’ fees and costs.

Respectfully submitted,

Eleanor M. Hunter Senate Special Master

cc: Senator Jeremy Ring Representative Evan Jenne

Faye Blanton, Secretary of the Senate

House Committee on Constitution and Civil Law Tom Thomas, House Special Master

Counsel of Record

Docket for Case No: 07-004294CB

Orders for Case No: 07-004294CB