Bill Text: FL S0016 | 2010 | Regular Session | Introduced

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Bill Title: Relief/Cristina Alvarez and George Patnode/DOH

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on The Special Master on Claim Bills [S0016 Detail]

Download: Florida-2010-S0016-Introduced.html

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Florida Senate - 2010                              (NP)    SB 16 
 
By Senator Aronberg 
27-00100-10                                             201016__ 
1                        A bill to be entitled 
2         An act for the relief of Cristina Alvarez and George 
3         Patnode; providing appropriations to compensate them 
4         for the death of their son, Nicholas Patnode, a minor, 
5         due to the negligence of the Department of Health; 
6         providing for the repayment of Medicaid liens; 
7         providing a limitation on the payment of fees and 
8         costs; providing an effective date. 
9 
10         WHEREAS, on January 8, 1998, Nicholas Patnode, 5 months of 
11  age, was seen for a fever at the Martin County Health Department 
12  - Indiantown Clinic, and 
13         WHEREAS, a blood test was ordered, the results of which 
14  were abnormal and consistent with bacteremia, a condition that 
15  requires immediate administration of antibiotics, and 
16         WHEREAS, the results of the blood test were printed that 
17  day but not picked up from the printer at the clinic, as a 
18  result of which treatment was not begun and Nicholas Patnode’s 
19  condition deteriorated, and 
20         WHEREAS, several hours later, Nicholas Patnode’s parents 
21  took him to Martin Memorial Medical Center, where a spinal tap 
22  confirmed a diagnosis of bacterial meningitis, and Nicholas 
23  Patnode was transferred to St. Mary’s Hospital in critical 
24  condition, and 
25         WHEREAS, a decision was made to discontinue life support 
26  due to irreversible brain damage, and Nicholas Patnode died on 
27  January 10, 1998, and 
28         WHEREAS, Nicholas Patnode is survived by his parents, 
29  Cristina Alvarez and George Patnode, and 
30         WHEREAS, the actions of the Martin County Health Department 
31  demonstrated failure to adhere to a reasonable level of care of 
32  Nicholas Patnode and resulted in his death, and 
33         WHEREAS, after an unsuccessful attempt by Nicholas 
34  Patnode’s parents to settle this claim, it proceeded to 
35  litigation, resulting in a judgment in favor of the parents in 
36  the amount of $2.6 million, and 
37         WHEREAS, the Department of Health has paid $200,000 to 
38  Cristina Alvarez and George Patnode under the statutory limits 
39  of liability set forth in s. 768.28, Florida Statutes, NOW, 
40  THEREFORE, 
41 
42  Be It Enacted by the Legislature of the State of Florida: 
43 
44         Section 1. The facts stated in the preamble to this act are 
45  found and declared to be true. 
46         Section 2. The sum of $1.5 million is appropriated from the 
47  General Revenue Fund to the Department of Health for the relief 
48  of Cristina Alvarez as compensation for the death of her son, 
49  Nicholas Patnode, a minor, due to the negligence of the Martin 
50  County Health Department. 
51         Section 3. The Chief Financial Officer is directed to draw 
52  a warrant in favor of Cristina Alvarez in the sum of $1.5 
53  million upon funds of the Department of Health in the State 
54  Treasury, and the Chief Financial Officer is directed to pay the 
55  same out of such funds in the State Treasury. 
56         Section 4. The sum of $900,000 is appropriated from the 
57  General Revenue Fund to the Department of Health for the relief 
58  of George Patnode as compensation for the death of his son, 
59  Nicholas Patnode, a minor, due to the negligence of the Martin 
60  County Health Department. 
61         Section 5. The Chief Financial Officer is directed to draw 
62  a warrant in favor of George Patnode in the sum of $900,000 upon 
63  funds of the Department of Health in the State Treasury, and the 
64  Chief Financial Officer is directed to pay the same out of such 
65  funds in the State Treasury. 
66         Section 6. The governmental entity responsible for payment 
67  of the warrant shall pay to the Agency for Health Care 
68  Administration the amount due under s. 409.910, Florida 
69  Statutes, before disbursing any funds to the claimants. The 
70  amount due to the agency shall be equal to all unreimbursed 
71  medical payments paid by Medicaid up to the date on which this 
72  act becomes a law. Such amounts shall be deducted in equal 
73  amounts from the award of each parent. 
74         Section 7. The amount paid by the Department of Health 
75  pursuant to s. 768.28, Florida Statutes, and the amounts awarded 
76  under this act are intended to provide the sole compensation for 
77  all present and future claims arising out of the factual 
78  situation described in this act which resulted in the death of 
79  Nicholas Patnode. The total amount paid for attorney’s fees, 
80  lobbying fees, costs, and other similar expenses relating to 
81  this claim may not exceed 25 percent of the total amount awarded 
82  under this act. 
83         Section 8. This act shall take effect upon becoming a law.