Bill > S0022

Introduced Session

An act for the relief of Eric Miles, Jr., and Jennifer Miles, as copersonal representatives of their minor son, E.E.M., by the South Broward Hospital District, d/b/a Joe DiMaggio Children’s Hospital; providing for an appropriation to compensate Eric Miles, Jr., and Jennifer Miles for the injuries and damages sustained by their son as a result of the negligence of the South Broward Hospital District; providing a limitation on compensation and the payment of attorney fees; providing an effective date. WHEREAS, on December 24, 2017, E.E.M., the 17-month-old son of Eric Miles, Jr., and Jennifer Miles, was taken to the emergency department of Joe DiMaggio Children’s Hospital in Broward County with complaints of an intermittent cough, irritability, and a decreased oral intake, and WHEREAS, E.E.M. had radiographs taken and was discharged later that day, and WHEREAS, over the next 24 to 36 hours, E.E.M.’s condition worsened, with additional symptoms of lethargy, fatigue, fever, diarrhea, and blood and mucus in his stools, and WHEREAS, on December 26, 2017, E.E.M. returned to the emergency department of Joe DiMaggio Children’s Hospital with lethargy and severe dehydration, and WHEREAS, E.E.M. was diagnosed with hypoglycemia, thrombocytopenia, hepatitis, and a prolonged coagulation profile, and his laboratory values were significantly abnormal, and WHEREAS, that same day, due to his having a distended abdomen, E.E.M. was given an abdominal ultrasound, which indicated no inversion of one portion of the intestines within another, but did show findings involving the appendix, and clinical correlation was recommended, and WHEREAS, on December 27, 2017, E.E.M.’s distended abdomen had become tympanic, and he experienced tachycardia, blood in his stool, and laboratory values that were still significantly abnormal, and WHEREAS, an abdominal X-ray taken later that day showed nonspecific gaseous bowel distention with air and stool throughout the large intestine, and WHEREAS, E.E.M.’s condition worsened over the next few days, with his abdomen still distended, a perianal lesion that was worsening, and lab values that were still significantly abnormal, and WHEREAS, on December 30, 2017, E.E.M. had another X-ray of his abdomen, which showed gaseous distention of the stomach with air identified in the abdomen, and his laboratory values continued to be significantly abnormal, and WHEREAS, on December 31, 2017, E.E.M. had a chest X-ray and babygram X-ray that both indicated gaseous gastric distention, as well as an abdominal ultrasound that showed complex fluid throughout the abdomen and pelvis, and that a CT scan could be performed if clinically warranted, and WHEREAS, on January 1, 2018, the clinical record indicated that E.E.M. had not had a bowel movement in 3 days, with decreased bowel sounds, and a distended abdomen, and WHEREAS, on January 3, 2018, E.E.M. had an X-ray with contrast which indicated “suspicious” for small bowel obstruction, and an X-ray performed an hour later indicated “highly suspicious” for a small bowel obstruction, and WHEREAS, on January 4, 2018, E.E.M. had another X-ray with contrast of his chest and abdomen which showed that the contrast liquid did not advance through the small bowel, indicating an issue with obstruction, and WHEREAS, although E.E.M.’s symptoms, laboratory values, and radiological and other clinical findings were consistent with an intestinal blockage or rupture, Joe DiMaggio Children’s Hospital medical staff failed to appropriately evaluate and diagnose E.E.M.’s condition, and WHEREAS, on January 5, 2018, E.E.M. was transferred to Holtz Children’s Hospital at Jackson Memorial Hospital in Miami Dade County, and WHEREAS, upon admission at Holtz, E.E.M. was suffering from sepsis with multiorgan failure, among other life-threatening conditions, and underwent a CT scan that showed evidence of a bowel perforation, and WHEREAS, on January 6, 2018, only hours after admission, E.E.M. underwent an exploratory laparotomy, a small bowel resection, an ileostomy, and a mucous transverse colostomy fistula, and, over the next few weeks, had numerous other surgeries associated with small bowel obstruction, and WHEREAS, on May 28, 2020, Mr. and Mrs. Miles filed suit in the 17th Judicial Circuit, in and for Broward County, case no. 20-008839, against the South Broward Hospital District, d/b/a Joe DiMaggio Children’s Hospital and other parties, alleging, in part, negligence of the district and its providers in failing to properly evaluate, diagnose, and treat E.E.M.’s small bowel obstruction, and WHEREAS, E.E.M. suffered life-altering and horrific injuries and damages, such as significant anal dilation; kidney stones; the loss of his terminal ileum, right colon, omentum, appendix, and significant portions of his small intestine; and missed significant developmental milestones, and WHEREAS, on September 1, 2023, E.E.M. passed away at 7 years of age, and WHEREAS, in May 2024, Mr. and Mrs. Miles, as the copersonal representatives of E.E.M., and the South Broward Hospital District, d/b/a Joe DiMaggio Children’s Hospital entered into a settlement agreement for $500,000, and WHEREAS, in accordance with s. 768.28, Florida Statutes, the South Broward Hospital District paid $300,000 to Mr. and Mrs. Miles, as copersonal representatives of E.E.M., and WHEREAS, the settlement agreement provides for the entry of a consent judgment for the remaining amount of $200,000 and the South Broward Hospital District’s agreement that it supports a claim bill in the amount of $200,000, NOW, THEREFORE,

Committee Categories

Ana Maria Rodriguez (R)*, 

Other Sponsors (1)

Chapter No. 2025-220 (on 07/08/2025)

Official Document