HomeMy WebLinkAboutCover MemoCITY OF MIAMI
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: The Honorable Mayo and Members of the City Commission
FROM: Jorge L. Fernandez, Attorney i
DATE: August 28, 2006.
RE: Proposed Settlement -City Commission Agenda -September 12, 2006
Aldo and Maria Selva, individually -and as the natural parents of Katherine Selva,
a minor v. City of Miarni, Case No. 0] -19376 CA (23)
(File Id No. 06-01424)
The attached proposed Resolution seeks authorization for settlement of all claims against
the City of Miami in the above -referenced ease for a total sum of Two Million Six f4undred
Twenty -Five Thousand Dollars '$2,625,O00). The terms and conditions of the settlement t areset
forth in greater detail in the attached exhibits.
This -lawsuit involves a claim against the City -of Miami brought by Aldo and Maria
Selva, individually and as the natural parents of Katherine Selva, a minor, for damagessustained
as a result of the pre -hospital care rendered by emergency medical personnel employed by the
City of Miami. The parents claim that the pre -hospital care rendered by the paramedics fell
below the standard of care. The evidence indicates that during transport Katherine sustained
global hypoxia which caused multi -organ failure and -resulted in severe brain damage that is
permanent and irreversible. Katherine is in a chronic vegetative state and will require seven Jay-
a -week, around -the -clock care under the supervision of specially trained individuals for the rest
of her life.
The Resolution seeks City Commission approval of the entry of -a consent judgment in
the amount of Two Millions Six Hundred Twenty 'Five Thousand Dollars ($2 b25,000) -and
agreement to support the passage of a legislative -claim bill in the amount of Two Million Four
Hundred Twenty -Five Thousand Dollars ($2,425,000).
The Office of the City Attorney and the Risk Management Division have investigated
and evaluated this case and approved the reconinendation of this settlement. Funds in the
amount of S2625,000 are available from the Self -Insurance and insurance Trust Fund, index
Code No. 515-01.62440] .6.653.
W 1312:JOB
Attachrraent(s)
c: Pedro G. Hernandez, City Manager
Elvi G. Alonso, Agenda Coordinator
Enclosure(s)