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HomeMy WebLinkAboutM-91-0461A CITY OF MIAMI, FLORIDA IN'tEl~-C~~ICE MEMORANdUM ro: go»orable Mayor and Members o£ the City Commission J /~ /~ FROM : ~ rge L Fernan ez ity A torney ,.. DATE SUBJECT June 12, 1991 FILE : J~~ 4~1 Resolution Authorizing Settlement with Bazemore Case No. 90-51435 CA 05 REFERENCES City Commission Agenda ENCLOSUaes ; June 2 0 , 19 91 Attached is a proposed Resolution authorizing the Director of Finance to pay Linn Bazemore, Individually, and as Personal Representative of the Estate of Sylvia Bazemore, without admission of liability, the sum of $130,000.00, in full and complete settlement of any and alI claims and demands against the City of Miami, upon the execution of a Release of All Claims, releasing the City of Miami from any and all claims and demands. The complete evaluation of this claim is contained in the attached Tort Committee settlement memorandum. In brief, the claimant is the surviving spouse of a patient of a City of Miami Fire Rescue team who is alleged to have been mis-intubated resulting in the patient's untimely death. The Rescue Unit is also alleged to have delayed in its response to the Bazemore residence, in entering the home, and in transporting the patient to the hospital. This claim has been investigated by the Tort Committee (Tort Committee authorization attached), approved by the Risk Management Division of the Department of Personnel Management, and the Department of Fire, Rescue and Inspection Services, through the Chief of Rescue, and is hereby recommended by this office. JLF/WB/sls/P1010 attachments is ~~ ~: 9~-- ~~~ .. _... - x:~, CITY OF MIAMI, ~LOfiiDA IN~'ER~BFFICE MEMD~#ANDUM Tc~ forge L. Fernandez and Members of the Tort Committee ~. FROM : ~" •'~ Warren Bittner~<~• ~.. -rt-~~-' ~~_ Assistant City,i~ttorney DATE May 22, 1991 FILE :L`-90267 sua,ECT : Linn Bazemore vs. City D/I: February 27, 1990 L/I: 1959 S.W. 27th Ave. REFERENCES : Miami, Florida Claim ~011/GL~-90=-059 ENCLOSURES: RBQUSST FOR SSTTLBl~lSNT AQTRORITY OR AOT90RITY TO pROCBgD TO TRIAL f 1 FACTS: On Tuesday, February 27, 1990, at 3:09 p.m., the decedent, Sylvia Bazemore, called 911 requesting a rescue unit, complaining of asthma, and needing oxygen "very bad" (sic). Rescue-7, located at 314 Beacom Boulevard, was dispatched at 3:10 p.m. and arrived at their destination, i.e., 1959 S.W. 27th Avenue (approximately 19 blocks away), 6 1/2 minutes later at 3:15 p.m. Approximately 1 3/4 minutes after arrival, i.e., 3:18 p.m., because nobody answered the door, Rescue-7 radioed the dispatch office, confirmed the address, advised that nobody answered, and requested a phone call-back. ~Jne minute later, at 3:19 p.m., the call back confirmed the- correct address and the paramedics heard the phone ring inside and someone picking it up [an answering machine] . At 'that point, the ti paramedics inquired about what information the person gave when he or she called into 911. The dispatch office then replayed the 911 tape and advised the paramedics at 3:21 p.m. that "the complainant was on the line .and advised that she needed oxygen very badly". At that point, the paramedics decided to enter the house, even though nobody responded, and, when they tried the front door, it was unlocked. As they opened the door, a big threatening doberman ~; pinscher (a dog) stuck its nose out while barking and growling. ~' The paramedics quickly closed the door fearing for their safety. They then decided to find another way in and began walking around - the house. Within 1 1/2 minutes, the decedent's husband, Linn Bazemore, a former City of Miami fire fighter, screached into the. driveway, ran to the door, opened it, and secured the dog. The paramedics followed and initiated CPR at approximately 3:23 p.m., ~~ seven minutes after .arrival. The decedent was lying behind the.. door. - ~t =i 2 ~, ~~.- 4~Q a (~ jj~~ l~ ~! Jorge L. Fernandez and May 22, 1991 Members of the Tart Committee Page Two At that time, the decedent was cyanotic (blue) and her heart was in Ventricular E'ibrulation (a chaotic rhythm with no resulting circulation of blood). CPR was immediately initiated and- the decedent was defibrulated at approximately 3:26, which resulted in asystole (flat line). An I.V. was inserted at approximately 3:30, four minutes later, and epinephrine and atropine was administered. An endotrachael tube was inserted at approximately 3:38, 15 minutes after initiation of CPR. The thumper was engaged at approximately 3:42, 20 minutes after initiation of CPR. At exactly 3:45:30, the decedent regained a pulse with a blood pressure of 70 palp. Her heart had improved to supraventricular tacycardia (SVT)(very fast heart rate), which lasted only for a short period of time before the decedent returned to asystole. The decedent .was then put aboard the rescue truck, which began transporting to Coral Gables Hospital at approximately 3:48. At 3:51, three minutes later, Rescue-7 radioed dispatch that it was transporting to Coral Gables and was immediately informed that Coral Gables was closed. At 3:53, two minutes later, the rescue truck turned around and diverted to Mercy Hospital. Rescue-7 arrived at Mercy at 3:58:54. The decedent was wheeled into the old ER at Mercy and rescue personnel lifted the decedent, while on a board, up to the ER table. During this movement, the patient was, according to the paramedics, apparently jostled. They recall receiving no help from Mercy staff, and the board with decedent on it was top heavy because of the thumper and other equipment on it. The decedent's head apparently was moved at that time, perhaps dislodging the ET -.~. tube. As the decedent was still "profoundly cyanotic", the ER physician, Dr. Rosenthal, checked the placement of the ET tube. He stated that when he observed it, the tube was in the esophogus (-tube leading to the stomach) and that the cuff was in the supra esophaegial space. The rescue ET tube was then removed and the patient was reintubated. Dr. Rosenthal stated that the patient then "pinked up". Arterial blood gases were taken prior to reintubation which indicated oxygen and carbon dioxide levels inconsistent with life. Our expert has advised us that for the levels to get that bad would take 15 or so minutes without oxygen. The Medical Examiner (ME) performed an autopsy and notably found tenacious mucus on the main stem bronchi of the lungs. Cause of death was determined to be acute asthmatic bronchitis. The decedent's lungs were in very bad shape consistent with chronic and acute asthma. By contacting the decedent's treating Y~ physician, Dr. Ray Mummery, the ME learned that the decedent had a +_~. long history of asthma and had been having difficulty breathing r~ ' 3 lF L l s.-: ~' Jorge ~,. Fernandez and May 22, 1991 Members of the Tort Committee riage Three for the past 2 to 3 weeks, but did not seek medical attention. nr. Mummery had been regularly prescribing asthma medication to the decedent, but hac) not seen the patient for one year. SV~ILOATION Plaintiff's expert paramedic, Richard Clinchy, was deposed and is expected to testify that our initial response time was slow, that our paramedics should have entered the house earlier, dog or no dog, that the patient should have been intubated (properly) earlier, and that an "external" pacer unit (aboard the rescue truck, but not used) should have been utilized. A pacer unit provides electronic stimuli to the heart and is used with patients in asystole. The paramedics didn't use it because it was only experimental at the time and was an unwieldy piece of equipment. The rescue units now have "internal" pacer units built into their defibrulators. Plaintiff's expert doctor, a nephrologist (kidney specialist) and graduate of an unheard-of Colombian Medical School in South America, will testify that the ET tube was misplaced as evidenced blr Dr. Rosenthal's statements, the poor blood gases, and the cyanotic color of the patient throughout her treatment by Rescue. He also believes we did not give the epinephrine within a short enough period of time, i.e., every 5 minutes, and that it thus lost its effectiveness. He opines that the misintubation caused her death and that Fire, Rescue could have saved the decedent otherwise. Plaintiff's economic expert, Irving Coffman, opines that based ., - upon the decedent's age of 49 at the time of death and her life expectancy of 31.9 years, the husband would expect to receive in present value dollars support of $208,812.00 if ~he lived to be 65 years of age. In addition, the present value of her services would be $185,294.00. There were also miscellaneous funeral expenses. Plaintiff has offered to settle for the statutory cap of $200,000.00. Although our expert, Ar. Jim Hirschman, the Medical Director of Coral Gables Fire & Rescue, can explain away the blood gases, the cyanotic color, etc., the jury may still likely believe that the patient was misintubated. The case in part depends on the credibility of the paramedics when they describe the jostling in the ER when the tube presumably became dislodged. In addition, on March 21, 1991, the Court denied the City's Motion for Partial ;_ Summary Judgment on the Issue of the Good Samaritan Act, which could. have raised the standard of care to one of "wreckless ~, ., disregard". ~~ 9~- 4~0 ~# :! w. 4. J"'~ ~ Jorge L. Pernande~ and May 22, 1991 Members d~ the Tort Committee Page Pour In view of the delay in responding, the delay in entering the house, the delay in diverting from a closed hospital, and the significant possibility of misintubation, if we go to trial, there is a substantial likelihood that the jury will return a verdict greater than $200,000.00. As this case is proceeding to final mediation on Thursday, May 23, 1991, I am requesting your authority to settle this matter, subject t~ the approval of the City Commission, on best terms possible, up to $125,000.00, and if not accepted at mediation, to try this case. It is set beginning the two week pzriod commencing May 28, 1991, before Judge Jon Gordon. AP~jPROVED DISAPPROVED -Authority in the amount of $125,000.00. '" JO GE L. ERNANDEZ ` Ci y.~Att ney ,~p/1Q1~~ /~ ~-- , ~ . Q NN ES, .Ii De Attorney .~~~'~ 2 LEON M. FIRTE.j~/fI Assista~~.~' y Attorney CH~ttLES Tr:'' {MAYS V ~' Assi nt-City Attorney ~-;~- t CH TOPHER F. KURTZ ~ ~ ~ ~ '~1. Assistant City Attorney ~ HUMBERTO HERNANDEZ ~ ~~~ Assistant City Attorney PAUL WEBER ~ ~.~ Claims Supervisor ,~ ,~, ~ WB/sls/P979 ~~ .a ~r ~s~~ ~~f w~u ~~ ;~ i ~~~~ 1 ~i~p~O~Q r ~~ `; ~~ 3 _ ~~ ; 1 S c'r.~..'tirg5 e ~ ~. CITY OF MIAMI, FLORIDA 7':-.. _ IN~'E~-OFFICE MiMORANDUM ro ~ urge L. Fernandez and DATE May 31, 1991 ~~~~ ~ L-~~d~-26~ Members of thA Tort CornmitteA - sua,ecr . Linn t3azemore vs. City _ D/I: February 27, 1590 L,/I: 1959 S.W. 27th Ave. Warren $ittner ~ Miami, Florida FROM Assistant City Attorney REFERENCES : Claim X011/GL-90"'059 , f; ENCLOSURES : ~; REQUEST F+OR SOPPLEMENTAL.SETTLEMENT AUT80RITY On May 22, 1991, the Tort Committee authorized $125,000.00 to settle this case. That authorization and accompanying Tort Memo is attached. .The Committee also authorized me to take the case to trial,, which I am prepared to do. If the case proceeds to trial, I will be assisted by Julie Bru. As previously reported, the parties went to a continued mediation on May 23, 1991. At that timer the last offers were $105,000.00 by the City and. $195, 000.00 by the Plaintiff. Since then, through the mediator's independent efforts, Plaintiff has reduced his demand to $150,000.00 and the City has offered the full $125,000.00. As a gesture of good faith, and since two (2) Tort Committee members earlier felt that $150,000.00 would be acceptable, I am requesting authority for a total of $135,000.00 to settle this claim. If not accepted by Plaintiff, I do not intend to come back to ask for more. PPROVE DISAPPROVED - Authority in the amount of $135,000.00. QUINN JON'!; , III Deputy City' ttorney i ~ ~ s'i~ 't k ~. i z rs i • ~ _- _ _ # . , _. A Nlay'. 31 r 1991 ,. F~ernan~e~ an+~ Page Two ~c~tge ~•~ Tort C~mmitteP M~mhers d~ the ~~~~ ~~ . ~~, LEUav ~• ~ ~.--- - Attorney Assistant City Assis t~ City Attorney .,• .. =~: t ~, CgRISTOPHE~ P• KURTZ Assistant~City Attorney \ -~ - ., ~-\ JULZE 0. BRU Attorney Assistant City gUrgBERTO fl Attorney Assistant City / ,- ERNANDEZ ` y_,7 1~~+~4~~ ;~ / t ~ /~~~ ~ ~`P ~ ~.~ ~~ n ,, ~~ ~~ PAUL WEBERervisor Claims Sup WB/sls/P994 ti i 4 ~; ~, ip i }} ~~ {~ ~~ ~~ ,. 1 A ..