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HomeMy WebLinkAboutcover memoCITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Maria J. Chiaro, Interim City Attorney DATE: August 25, 2004 RE: Proposed Settlement -City Commission Agenda -September 9, 2004 Alexander Armas, et al., v. Coral Gables Hospital, et al. Case No. 99-22546 CA 20; Claim No. 000757-001738-GB-01 (File No. 04-00784) The attached proposed Resolution seeks authorization for settlement of all claims against the City of Miami in the above -referenced case in the amount of $75,000. This is an action brought by Scott Liberman and Michael Ryan on behalf of Alexander Armas for negligence, and his wife Cristine Armas for loss of consortium. Mr. Armas sustained a fractured skull and other significant head trauma as a result of being hit in the head with a baseball during a game at Grapeland Park. City paramedics responded, but instead of transporting Mr. Armas to Jackson Memorial Hospital, they transported him to the emergency room at Coral Gables Hospital. Coral Gables emergency room was not equipped to handle surgical neurological emergencies. Mr. Armas' condition deteriorated at Coral Gables to the point that he became comatose. He was then transported to Jackson, where he underwent emergency brain surgery. Mr. Armas remained in a coma for 10 days. Mr. Armas now suffers from short-term memory deficits, a seizure disorder, and cognitive dysfunctioning. His medical bills at Jackson are approximately $125,000. Plaintiffs sought $200,000 at the outset of this litigation as a result of the alleged negligence of the paramedics' failure to properly access the seriousness of Mr. Armas' condition. After extensive negotiation, the parties have agreed to this substantially reduced amount, without admission of liability. The City Attorney's Office has investigated and evaluated this case and has approved the recommendation of this settlement. Funds in the amount of $75,000 are available from the Self - Insurance and Insurance Trust Fund, Index Code No. 515001.624401.6.653. W 1091:rci:CCM Attachment(s) c: Joe Arriola, City Manager Elvi G. Alonso, Agenda Coordinator