Bill Text: FL H0779 | 2010 | Regular Session | Introduced

Florida House Claim 779 (Prior Session Legislation)

Introduced

Bill Title: Relief/Charles Pandrea/No. Broward Hospital Dist.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Civil Justice & Courts Policy (CCJP) [H0779 Detail]

Download: Florida-2010-H0779-Introduced.html

HB 779

1	A bill to be entitled
2	An act for the relief of Charles Pandrea by the North
3	Broward Hospital District; providing for an appropriation
4	to compensate Charles Pandrea, husband of Janet Pandrea,
5	for the death of Janet Pandrea as a result of the
6	negligence of the North Broward Hospital District;
7	providing a limitation on the payment of fees and costs;
8	providing an effective date.
9
10	WHEREAS, Janet Pandrea died on April 2, 2002, in Broward
11	County as a result of the treatment that she received for non-
12	Hodgkin's lymphoma, a disease that she did not have, and
13	WHEREAS, the Coral Springs Medical Center, part of the
14	North Broward Hospital District, by and through its pathologist,
15	Peter Tsivis, M.D., breached the applicable standard of care by
16	and through his diagnosis and interpretation of certain slides
17	as being consistent with non-Hodgkin's lymphoma, when the tissue
18	was a benign thymoma, and
19	WHEREAS, based upon the misdiagnosis of the benign thymoma
20	as cancer, Janet Pandrea was subsequently treated with multiple
21	rounds of chemotherapy to which she had adverse reactions, which
22	led to multiple complications and her eventual demise, and
23	WHEREAS, Charles Pandrea was married to Janet Pandrea on
24	May 19, 1956, and they had four children together during the
25	course of their 46-year marriage, and
26	WHEREAS, Charles Pandrea is suffering from the tragic
27	memories of the suffering of his wife from complications from
28	chemotherapy and her prolonged hospital stay and eventual
29	demise, which were related to the initial misdiagnosis, and
30	WHEREAS, Charles Pandrea will continue to suffer mental
31	pain and anguish for the remainder of his life, which has caused
32	and will continue to cause serious psychological problems for
33	him, and
34	WHEREAS, as a matter of law, a jury in Broward County
35	returned a verdict against North Broward Hospital District on
36	June 8, 2005, and the verdict was reduced to a final judgment in
37	the amount of $808,554.78 on June 15, 2005, and
38	WHEREAS, as a matter of law, it was determined that neither
39	Charles Pandrea nor Janet Pandrea did anything to cause or
40	contribute to the cause of the losses and injuries complained
41	of, and
42	WHEREAS, the North Broward Hospital District has paid the
43	statutory limit of $200,000 under s. 768.28, Florida Statutes,
44	and
45	WHEREAS, the North Broward Hospital District is responsible
46	for paying the remainder of the judgment, which is $608,554.78,
47	NOW, THEREFORE,
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1. The facts stated in the preamble to this act
52	are found and declared to be true.
53	Section 2. The North Broward Hospital District is
54	authorized and directed to appropriate from funds of the
55	district not otherwise appropriated and to draw a warrant in the
56	sum of $608,554.78, payable to Charles Pandrea, husband of Janet
57	Pandrea, deceased, as compensation for the death of Janet
58	Pandrea as a result of the negligence of the North Broward
59	Hospital District.
60	Section 3. The amount paid by the North Broward Hospital
61	District pursuant to s. 768.28, Florida Statutes, and the amount
62	awarded under this act are intended to provide the sole
63	compensation for all present and future claims arising out of
64	the factual situation described in this act which resulted in
65	the death of Janet Pandrea. The total amount paid for attorney's
66	fees, lobbying fees, costs, and other similar expenses relating
67	to this claim may not exceed 25 percent of the amount awarded
68	under this act.
69	Section 4. This act shall take effect upon becoming a law.