House Bill 3011c1

    Florida House of Representatives - 1998             CS/HB 3011

        By the Committee on Civil Justice & Claims and
    Representative Rojas





  1                      A bill to be entitled

  2         An act for the relief of Vernelle Lowder;

  3         providing an appropriation to compensate her

  4         for damages she sustained as a result of the

  5         negligence of the Department of Health,

  6         formerly the Department of Health and

  7         Rehabilitative Services; providing for payment

  8         of Medicaid liens prior to disbursement of the

  9         warrants; providing an effective date.

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11         WHEREAS, a complaint for damages was filed in Dade

12  County, Case Number 93-16747-CA-02, and

13         WHEREAS, this lawsuit was to compensate Vernelle Lowder

14  for damages she sustained as a result of the failure of the

15  Department of Health and Rehabilitative Services to use proper

16  procedures in testing, handling, storing, and transporting

17  Vernelle Lowder's blood and by erroneously reporting that

18  Vernelle Lowder's blood was HIV positive, and

19         WHEREAS, as a direct and proximate result of the

20  negligence of the Department of Health and Rehabilitative

21  Services, Vernelle Lowder has suffered mental and physical

22  pain and suffering and costs, and

23         WHEREAS, an amended final judgment was entered against

24  the Department of Health and Rehabilitative Services on

25  October 19, 1994, awarding Vernelle Lowder $350,000, which

26  shall bear interest at the rate of 12 percent per year, NOW,

27  THEREFORE,

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29  Be It Enacted by the Legislature of the State of Florida:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 1998             CS/HB 3011

    686-138-98






  1         Section 1.  The facts stated in the preamble to this

  2  act are found and declared to be true.

  3         Section 2.  The Executive Office of the Governor is

  4  directed to transfer existing spending authority or establish

  5  spending authority from unappropriated trust fund balances in

  6  the Department of Health, formerly the Department of Health

  7  and Rehabilitative Services, in the amount of $250,000 to a

  8  new category titled "Relief - Vernelle Lowder" as relief for

  9  damages sustained.

10         Section 3.  The Comptroller is directed to draw his

11  warrant in favor of Vernelle Lowder in the amount of $250,000

12  plus interest in the amount of 12 percent per annum, $180,000

13  of which will be placed in a structured payment annuity, out

14  of funds in the State Treasury to the credit of the Department

15  of Health and not otherwise allocated to compensate Vernelle

16  Lowder for her injuries.

17         Section 4.  The governmental entity responsible for

18  payment of the warrant shall make payment to the Florida

19  Agency for Health Care Administration as complete payment and

20  satisfaction of any and all Medicaid liens for past benefits

21  provided, prior to the disbursement of funds to the claimant.

22  The lien amount shall be calculated up to the date upon which

23  this act becomes law.

24         Section 5.  This act shall take effect July 1, of the

25  year in which enacted.

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