Family wins Shands surgery trial

An Ocala family wins $10.8-million after the hospital botched their son's operation.

By GRAHAM BRINK, Times Staff Writer
© St. Petersburg Times
published January 18, 2002

Several times a night, Gary Juliana and his wife get out of bed to check on their 6-year-old son Gary II, left brain-damaged during a botched operation at Shands at the University of Florida in Gainesville.

That routine won't change now that the Ocala couple has won a $10.8-million lawsuit Tuesday against the hospital.

"It's hard to be pleased about the verdict," Gary Juliana said. "We just wanted to make sure that there was enough money to take care of him for the rest of his life."

The Juliana's attorney, Barry Cohen of Tampa, said it's believed to be the largest monetary award in a medical malpractice case in Alachua County.

The hospital, he said, seemed to think the award "wouldn't be very much since Shands is such a symbol in Alachua County. I think this came as quite a surprise to them."

Hospital spokeswoman Kim Rose expressed regret over what happened to the boy, but said the hospital was not negligent in the boy's heart operation. She blamed the problem on the perfusionist who operated the heart-lung pump, saying he was an independent contractor, not a hospital employee.

Rose would not say whether the hospital planned to appeal.

Gary Juliana II, was 2 months old and suffering from respiratory distress and a heart murmur when his parents took him to Shands in 1996.

During surgery, the perfusionist made critical errors that stopped the flow of oxygen to the brain and led to brain damage. The family previously reached a $2-million settlement with the perfusionist, Rene Rivera-Santiago, an employee of Cardiovascular Perfusionists Inc.

The boy has cerebral palsy, is clinically blind, can't speak and is mentally retarded. He needs constant care as he cannot feed himself or communicate his needs, his father said. He is more susceptible to infections but should live a long life, he said.

Juliana said he holds no bitterness toward the hospital. Holding a grudge would take energy away from caring for his son, he said.

"We just want the best for our son so he can progress and have a good quality of life, even after we are gone," Juliana said.

-- Information from the Associated Press and Times news researcher John Martin contributed to this report.

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