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Grieving mother unable to file malpractice suit

Posted at 5:59 PM, Mar 28, 2016
Javier Roldan didn’t live like someone with a disability.
 
Born with spina bifida, he was a child ambassador for the March of Dimes and even featured in the Super Bowl 25 halftime show.
 
He excelled at golf, guitar and martial arts.
 
He hung out with major leaguers like Derek Jeter and Reggie Jackson, and rock stars including Carlos Santana and Slash.
 
“He was a super star. He was a great person. He was very well loved,” said his mother, Jeanette Gonzalez.
 
As an adult, Javier was independent, living on his own. 
 
But earlier this year, the 33-year-old ended up in the hospital with a broken leg. During recovery his condition worsened.
 
“My son was in critical condition. He was having seizures. And I tried to explain to them there was something very wrong,” Gonzalez said.
 
Javier died Feb. 11. His mother says it shouldn’t have happened and his care was mismanaged.
 
She calls it neglect and wants someone to be held responsible.
 
But under Florida law if you are unmarried and have no dependents, you cannot file a medical malpractice lawsuit.
 
New Port Richey attorney Nicolette Nicoletti is working with Javier’s mother to get the state statute changed.
 
“You can pass away due to medical negligence and there is no recovery for your family members. Our goal is to make the public aware of the laws. I have medical malpractice clients come in every day that I am forced to turn away because of this law,” said Nicoletti.
 
“It’s not that I want any money from anybody. I just want justification that somebody gets in trouble. My son was so badly neglected, just left there,” said Gonzalez.
 
Javier’s mother plans to file a formal complaint with the Agency for Heath Care Administration.
 
She said she will spend the rest of her life missing her son and fighting for change in his memory.
 
“He did so much in life. He deserved better. Better care,” she said.