JACKSONVILLE, Fla. \u2014 What started as a routine brain surgery left one Jacksonville mother fighting for her life and her family fighting for change.<\/p>\n
Kathy Zeppenfield went into the hospital in August for a procedure to treat hydrocephalus, a condition that causes fluid buildup around the brain. Her daughter, Kaitlyn Harley, says what should\u2019ve been a short stay turned into more than a month in the neuro intensive care unit.<\/p>\n
Harley says that during the surgery, one of her mother\u2019s blood vessels was accidentally nicked. Doctors believed it would heal on its own, but instead, it developed into an aneurysm.<\/p>\n
\u201cWhen they went to check to see if it was an aneurysm, they missed it,\u201d she said.<\/p>\n
Not long after, doctors told the family that the aneurysm had ruptured and that Kathy had suffered what they described as a brain stem death. They were urged to call family members to say their goodbyes.<\/p>\n
But the next morning, Kaitlyn says her mother opened her eyes.<\/p>\n
\u201cMy mom was wide awake, giving thumbs up. She did not experience a brain stem death,\u201d she said.<\/p>\n
Since then, Kathy has spent months in rehab, relearning how to walk and speak. Kaitlyn says the recovery has been exhausting, both emotionally and financially.<\/p>\n
\u201cWe started reaching out to attorneys to help cover the bills and go after what we believed was malpractice. That\u2019s when we learned about sovereign immunity,\u201d she said.<\/p>\n
Under Florida law, sovereign immunity limits how much state agencies and hospitals can be forced to pay out in lawsuits, even if negligence is proven.<\/p>\n
Attorney Matthew Posgay says that cap is currently $200,000, and the only way to recover more is through a special claims bill approved by lawmakers in Tallahassee. Attorney Posgay says it\u2019s something that rarely happens.<\/p>\n
\u201cEven when a jury agrees the government has harmed somebody, it doesn\u2019t mean the family will ever collect that money,\u201d Posgay said. \u201cYou have to get the legislature and the governor to agree to pay it, and that\u2019s something that almost never happens.\u201d<\/p>\n
For families like the Harleys, that means even with evidence and a case, there\u2019s often no financial path forward.<\/p>\n
\u201cThey need to be able to own up to their mistakes,\u201d Kaitlyn said. \u201cIt shouldn\u2019t be left to the families to carry such a heavy bill.\u201d<\/p>\n
Kathy is now back home and continuing outpatient therapy. Her daughter says the family believes she\u2019ll make a full recovery, but they\u2019re also determined to make sure other families don\u2019t go through the same thing.<\/p>\n
\u201cI want this law to be changed,\u201d Kaitlyn said. \u201cI hope our story helps make that happen.\u201d<\/p>\n
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