Bill > S0018

Introduced Session

An act for the relief of the Estate of M.N. by the Broward County Sheriff’s Office; providing an appropriation to compensate the estate for injuries sustained by M.N. and her subsequent death as a result of the negligence of the Broward County Sheriff’s Office; providing a limitation on compensation and the payment of attorney fees; providing an effective date. WHEREAS, Keshia Walsh and Christopher Nevarez were parents to M.N., born on April 20, 2016, and to D.N., born on February 2, 2012, and WHEREAS, on August 19, 2016, Ms. Walsh brought M.N., then 3 months old, to Broward Health Medical Center reporting that M.N. had fallen from a couch and sustained a black eye while they were at the home of Juan Santos, where Ms. Walsh and M.N. were living at the time, and WHEREAS, Mr. Nevarez and Ms. Walsh brought M.N. to a follow-up pediatrician appointment pursuant to follow-up care instructions from Broward Health Medical Center, and WHEREAS, at the follow-up visit, Mr. Nevarez questioned the doctor as to whether M.N. could have sustained her injuries as the result of a fall, and the doctor responded that it was possible, and WHEREAS, on October 13, 2016, Ms. Walsh brought 5-month-old M.N. to Northwest Medical Center, in Broward County, with a fever and intermittent leg pain, and WHEREAS, diagnostic imaging revealed that M.N. had multiple fractures in her upper and lower extremities which were in different stages of healing, including fractures to her left tibia, left fibula, and left radius, which Ms. Walsh had no explanation for, and WHEREAS, the treating physician consulted with a pediatric orthopedic specialist who, upon reviewing M.N.’s diagnostic imaging, advised that the fractures appeared to be non accidental and recommended that her injuries be reported to the Florida Abuse Hotline overseen by the Department of Children and Families, and WHEREAS, a report was made to the Florida Abuse Hotline and was assigned to the Broward County Sheriff’s Office (BSO), the agency responsible for child protective investigations in Broward County, and WHEREAS, a BSO child protective investigator (CPI) responded to the hospital, observed the injuries, learned that they were unexplained and occurred under the care of Ms. Walsh while living with Mr. Santos, and noted that Ms. Walsh had previously taken M.N. to multiple facilities for treatment for various injuries, including the prior black eye, and WHEREAS, Mr. Nevarez had been an active parent in M.N.’s life; however, Ms. Walsh cut off contact with Mr. Nevarez in mid-September 2016, and refused to tell him where she and M.N. were living, and WHEREAS, Mr. Nevarez was the non-offending parent, meaning he had no role in causing or failing to prevent M.N.’s injuries, Mr. Nevarez was required to be the first person contacted by the BSO during the investigation, and, if contact was initially unsuccessful, the BSO was required to make daily attempts to contact Mr. Nevarez, and WHEREAS, the BSO failed to contact Mr. Navarez immediately, failed to notify him that M.N. had multiple unexplained fractures in different stages of healing, failed to immediately place M.N. with Mr. Nevarez for her protection, and failed to make daily attempts to contact Mr. Nevarez, and WHEREAS, when an abuse investigation is initiated at a hospital emergency room, the CPI is required to consult with the attending physician to determine whether the injury is the result of maltreatment and immediately contact the Child Protective Team (CPT) in person or by phone to discuss all reports of fractures in a child of any age; however, the BSO failed to consult with the attending physician and failed to contact the CPT from the hospital, and WHEREAS, during an abuse investigation, the BSO’s assessment of the safety and perceived needs of the child and family must include a face-to-face interview with the child, other siblings, parents, and other adults in the household; however, the BSO failed to interview Mr. Santos, and WHEREAS, the BSO is required to review the prior criminal history of parents and caregivers and complete a criminal history check within 24 hours of an individual’s identity and presence in the home becoming known to the investigator; however, the BSO failed to complete a background check on Mr. Santos, and WHEREAS, despite the BSO’s actual knowledge of a pattern of unexplained injuries to M.N., M.N.’s three unexplained diagnosed fractures, and the CPI’s personal observations of bruising around M.N.’s eye and discoloration on M.N.’s left wrist, the CPI did not suspect abuse, found that there was no present danger or threat to M.N., allowed M.N. to be discharged from the hospital into Ms. Walsh’s custody, and implemented a Safety Plan for M.N. to remain in Ms. Walsh’s care with no further investigation into how M.N. sustained her injuries, and WHEREAS, on October 18, 2016, the BSO supervisor instructed the CPI to obtain the medical file from M.N.’s August hospital visit, obtain collateral information from neighbors, and refer daycare services to Ms. Walsh, and WHEREAS, the CPI’s chronological case notes do not reflect any activity on the investigation into M.N.’s injuries after these directives, and WHEREAS, the BSO also failed to review M.N.’s medical file, have M.N. seen by CPT, interview any third-parties, including family, friends, and neighbors, and ensure M.N. was enrolled in daycare, and WHEREAS, Ann McClain, M.N.’s paternal grandmother, with whom M.N. and Ms. Walsh previously resided until Ms. Walsh abruptly left the home in mid-September 2016 with M.N., maintained some contact via text messages with Ms. Walsh, but could not discover where Ms. Walsh and M.N. were living, and WHEREAS, Mr. Nevarez repeatedly tried to see M.N. and find out where she was living by texting Ms. Walsh, going to Ms. Walsh’s place of employment, contacting Ms. Walsh’s relatives and friends, and going to D.N.’s daycare, but Ms. Walsh ignored his repeated requests to see M.N., and WHEREAS, on October 24, 2016, while the BSO’s child protective investigation was still open, M.N. sustained life threatening injuries including a parietal skull fracture, brain and spinal cord trauma, retinal hemorrhages, and two femur fractures due to abuse while in the care of Ms. Walsh and Mr. Santos, and WHEREAS, M.N. was transported to the hospital and declared brain dead that same day, placed on life support, and died on October 28, 2016, and WHEREAS, the BSO closed its investigation into M.N.’s abuse on July 17, 2017, with verified findings of bone fractures, internal injuries, threatened harm, and death, and WHEREAS, the BSO placed D.N. in Mr. Nevarez’s care, implemented a safety plan preventing Ms. Walsh from having contact with D.N., and Ms. Walsh’s parental rights to D.N. were terminated on June 20, 2018, at the BSO’s request, and WHEREAS, but for the BSO’s negligence in failing to reasonably investigate allegations of abuse of M.N., and failing to remove M.N. from Ms. Walsh and Mr. Santos’ care, the injuries sustained during the BSO’s investigation and M.N.’s death would not have occurred, and WHEREAS, in August 2023, the case was tried in the 17th Judicial Circuit Court of Broward County, and WHEREAS, the BSO admitted negligence at trial, and the jury found that M.N.’s death and Mr. Nevarez’s loss were due to BSO’s failure to conduct a thorough child protective investigation and ensure M.N.’s safety, and WHEREAS, the court awarded $4.5 million to Mr. Nevarez, M.N.’s non-offending father, for his pain and suffering, of which $2.61 million, or 58 percent of the fault, was attributed to BSO, and WHEREAS, the BSO has paid $110,000 and Broward County has paid $90,000 for claims against the County related to CPT, which has exhausted the sovereign immunity limits set forth in s. 768.28, Florida Statutes, and WHEREAS, the court entered a cost judgment awarding taxable costs in the amount of $88,258.50 to the Estate of M.N., to be paid by the BSO, and WHEREAS, the Estate of M.N. is responsible for payment of attorney fees and all remaining costs and expenses relating to this claim, subject to the limitations set forth in this act, and WHEREAS, the sum of $2,588,258.50, representing the judgment from the verdict against the BSO in the amount of $2.61 million plus the cost judgment entered against the BSO in the amount of $88,258.50, less BSO’s payment of $110,000 in satisfaction of its portion of the sovereign immunity limits, remains unpaid by the BSO, NOW, THEREFORE,

Jonathan Martin (R)*, 

Referred to Special Master on Claim Bills; Judiciary; Community Affairs; Rules (on 10/06/2025)

Official Document