HB 6521 — Relief/Harry Augustin Shumow/Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital

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  HB6521CS/HB6521 2022 A bill to be entitled An act for the relief of Harry Augustin Shumow by the Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital;

providing a limitation on the payment of compensation and attorneyspecified fees;

WHEREAS, on August 22, 2017, 6-year-old Harry Augustin Shumow, suffering from dehydration, fever, and lethargy, was diagnosed with acute liver failure, hypoglycemia, dehydration, and hypotension, as well as early signs of acute kidney injury, and WHEREAS, Harry was admitted to Jackson Memorial Hospital and from approximately August 24, 2017, to September 8, 2017, showed steady and significant physical, cognitive, and neurological improvements, and WHEREAS, on September 8, 2017, when a lab technician tested Harry's hemoglobin levels, they had decreased significantly overnight, signaling the possibility of severe anemia, and WHEREAS, mistakenly attributing the significant change in hemoglobin levels to sample contamination, the lab technician canceled the lab results and requested blood be redrawn from Page 1of 34 CODING:

hb6521-00hb6521-01-c1 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  HB6521CS/HB6521 2022 Harry, and WHEREAS, when Harry's blood was retested approximately 12 hours later, the hemoglobin levels were even lower than the first test, and it was discovered that Harry had been bleeding internally from an earlier kidney biopsy procedure, and WHEREAS, shortly thereafter, exhibiting low blood pressure and a slowed heart rate, Harry went into cardiac arrest and did not fully recover until approximately one hour later, and WHEREAS, as a result of prolonged oxygen deprivation from the cardiac arrest, Harry suffered severe hypoxic ischemic encephalopathy, a type of brain injury, which resulted in significant neurological disabilities that left Harry quadriplegic, unable to verbally communicate, epileptic, and subject to painful involuntary muscle spasms, among other things, and WHEREAS, Moses and Rose Shumow, as parents and natural guardians of Harry, filed a lawsuit in the Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County under case number 2019-15810-CA-01, alleging that the Public Health Trust of Miami-Dade County, d/b/a Jackson Memorial Hospital, through its employees, was the direct and proximate cause of the injuries to Harry, and WHEREAS, the Public Health Trust of Miami-Dade County has agreed to settle Harry Augustin Shumow's claim for $5.3 million, $300,000 of which will be paid by the Public Health Trust of Page 2of 34 CODING:

hb6521-00hb6521-01-c1 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  HB6521CS/HB6521 2022 Miami-Dade County pursuant to the statutory limits of liability in s.

The total amount paid for attorney fees relating to this claim may not exceed 25$1,000,000, percentthe oftotal amount paid for lobbying fees may not exceed $250,000, and the total amount awardedpaid underfor thiscosts act.or other Page 3of 4 CODING:

Words strickenare deletions;

words underlined are additions.

hb6521-01-c1 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  CS/HB6521 2022 similar expenses may not exceed $133,344.06.

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hb6521-00hb6521-01-c1