House Bill 3085e1

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







                                       CS/HB 3085, First Engrossed



  1                      A bill to be entitled

  2         An act relating to Palm Beach County; providing

  3         for the relief of Kimberly L. Gonzalez;

  4         providing for an appropriation to compensate

  5         her for injuries and damages sustained as a

  6         result of the negligence of the Palm Beach

  7         County Sheriff's Department; providing for

  8         payment of Medicaid liens; providing an

  9         effective date.

10

11         WHEREAS, on June 1, 1992, Kimberly L. Gonzalez was

12  operating a motor vehicle, pulling into the driveway entrance

13  of a gasoline station, when she was struck in the rear of the

14  vehicle by a Deputy Sheriff of the Palm Beach County Sheriff's

15  Department, and

16         WHEREAS, although the accident was minor, with minimal

17  damage to the vehicle, the injury to Kimberly L. Gonzalez was

18  severe, requiring the removal of two discs at C4-5 and C5-6,

19  which resulted in the fusion of three vertebrae in the neck

20  with the use of an AO plate attached by screws, and

21         WHEREAS, prior to the accident of June 1, 1992,

22  Kimberly L. Gonzalez had never had any problems or complaints

23  regarding her neck or back, and

24         WHEREAS, two weeks after the accident of June 1, 1992,

25  Kimberly L. Gonzalez began chiropractic care as a result of

26  experiencing severe neck pain with bilateral radiculopathy

27  into the arm and severe low-back pain, and

28         WHEREAS, on June 13, 1992, MRI's confirmed herniations

29  in the neck at levels C4-5 and C5-6 and a herniation in the

30  lower back at level L4-5, and

31


                                  1

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






                                       CS/HB 3085, First Engrossed



  1         WHEREAS, beginning on July 2, 1992, Kimberly L.

  2  Gonzalez was treated by Dr. Ronald Wagner, and

  3         WHEREAS, Dr. Wagner's records document the severe neck

  4  pain with bilateral radiculopathy into both arms experienced

  5  by Kimberly L. Gonzalez, along with severe low-back pain with

  6  radiculopathy and weakness into the leg, and

  7         WHEREAS, nerve conduction studies were performed on

  8  Kimberly L. Gonzalez on July 2, 1992, by Dr. Melvin M.

  9  Grossman which indicated abnormalities for both upper and

10  lower extremities, and

11         WHEREAS, on referral of Dr. Wagner, Kimberly L.

12  Gonzalez was seen by Dr. Fernyhough who, on December 4, 1993,

13  conducted repeat MRI's on the cervical and lumbar regions of

14  Kimberly L. Gonzalez, and

15         WHEREAS, the cervical MRI once again confirmed the

16  herniated discs at levels C4-5 and C5-6, and

17         WHEREAS, prior to surgery, on March 29, 1994, Dr.

18  Fernyhough had cervical discographs performed on Kimberly L.

19  Gonzalez, and

20         WHEREAS, the discography was positive for a C5-6

21  herniation and what was referred to as "an equivocal discogram

22  at C4-5," and

23         WHEREAS, Dr. Fernyhough's records confirm a plan, as of

24  April 7, 1994, to proceed with an "AO anterior cervical fusion

25  C4-5 and C5-6 with AO plate and allograft," and

26         WHEREAS, surgery was performed on Kimberly L. Gonzalez

27  on April 18, 1994, and

28         WHEREAS, two weeks after surgery, Kimberly L. Gonzalez

29  had to be readmitted to the hospital for a suspected cervical

30  spine infection, and

31


                                  2

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






                                       CS/HB 3085, First Engrossed



  1         WHEREAS, following surgery, Kimberly L. Gonzalez

  2  continued to have radiating pain into the left shoulder and

  3  arm, although there was overall improvement, and continued to

  4  have pain in the neck and lower back as well, and

  5         WHEREAS, Kimberly L. Gonzalez remains with a limited

  6  range of motion in the neck, and with permanent neck pain, and

  7         WHEREAS, Kimberly L. Gonzalez will never be able to

  8  have any type of sports or recreational life and will be

  9  constantly reminded of her injuries, and

10         WHEREAS, the injuries sustained by Kimberly L. Gonzalez

11  as a result of the accident which occurred on June 1, 1992,

12  formed the basis of legal action against the Palm Beach County

13  Sheriff in October 1994, and

14         WHEREAS, prior to trial the Palm Beach County Sheriff

15  admitted liability for the accident, and the sole issue for

16  the jury was the determination of the injuries caused by the

17  collision, and

18         WHEREAS, during the trial the only issue raised by the

19  defense was the question of whether the collision could have

20  caused the herniated cervical discs in Kimberly L. Gonzalez's

21  neck, and

22         WHEREAS, on October 11, 1996, a jury awarded Kimberly

23  L. Gonzalez $180,710.99, and

24         WHEREAS, on November 15, 1996, the plaintiff's motion

25  to tax costs was granted and a final judgment was entered for

26  the plaintiff in the amount of $195,406.65, and

27         WHEREAS, on November 26, 1996, the Sheriff of Palm

28  Beach County paid $100,000 of the final judgment in

29  satisfaction of the statutory limits of liability set forth in

30  section 768.28, Florida Statutes, and

31


                                  3

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






                                       CS/HB 3085, First Engrossed



  1         WHEREAS, the unpaid amount of the final judgment is

  2  $95,406.65, NOW, THEREFORE,

  3

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

  5

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

  7  act are found and declared to be true.

  8         Section 2.  The Palm Beach County Sheriff's Department

  9  is authorized and directed to appropriate from funds of the

10  department not otherwise appropriated and to draw a warrant in

11  the sum of $71,790.67 payable to Kimberly L. Gonzalez as

12  compensation for injuries and damages sustained.

13         Section 3.  The claimant and the claimant's attorney

14  shall make payment to the Florida Agency for Health Care

15  Administration the amount due under s. 409.910, Florida

16  Statutes, except that the amount due to the agency shall be

17  reduced by the agency's proportionate share of legal costs and

18  attorney's fees. However, the amount due to the Agency for

19  Health Care Administration shall be reduced by no more than 25

20  percent. The amount due to the agency shall be calculated

21  based on medical payments paid up to the date that this bill

22  becomes law.

23         Section 4.  This act shall take effect upon becoming a

24  law.

25

26

27

28

29

30

31


                                  4