A four-year-old child began experiencing seizure activity during the early morning hours. Her parents, the Selvas, called 911 for emergency medical assistance, and paramedics arrived promptly to transport the child to the hospital.
During the trip, however, the only oxygen administered by rescue personnel was delivered through a standard mask rather than a valve mask. According to the case, the personnel also did not have or utilize an oxygen saturation monitor and failed to adequately monitor the child’s oxygen intake during transport.
By the time the ambulance arrived at the hospital, the child was cyanotic, meaning she was severely oxygen-starved and her skin had begun appearing blue.
Despite the heroic efforts of hospital personnel, the lack of oxygen had already caused permanent brain damage.
Pursuing the City of Miami for Negligent Paramedic Care
BRILL & RINALDI, The Law Firm sued the City of Miami over the failure of its rescue personnel to properly treat the child’s oxygen-starved condition while she was being transported to the hospital.
The firm ultimately secured a $2,625,000 settlement on behalf of the child.
Obtaining that settlement, however, presented another significant legal obstacle.
Because the City of Miami was protected by sovereign immunity, the firm’s original case materials state that the City would only be obligated to pay $200,000 unless the Florida Legislature enacted a claims bill specifically allowing additional compensation for the child.
The attorneys therefore took the fight beyond the courtroom and to the Florida Legislature.
Taking the Fight to the Florida Legislature
BRILL & RINALDI, The Law Firm lobbied the Legislature to pass a claims bill that would allow the child to receive compensation beyond the sovereign immunity limitation.
Securing passage of such a bill was no small undertaking. According to the firm’s case materials, no claims bills had been passed during the three years before the firm began lobbying for this child’s bill.
The firm persisted.
Ultimately, the effort succeeded, and the child’s claims bill became one of only three claims bills passed into law.
The result reflected an extraordinary effort to secure compensation for a young child whose life had been permanently altered. After obtaining a $2.625 million settlement, BRILL & RINALDI, The Law Firm continued advocating for its client through the legislative process to overcome the sovereign immunity limitation and help provide for the child’s future needs.