House Bill 3085e1
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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.
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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
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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
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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
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CS/HB 3085, First Engrossed
1 WHEREAS, the unpaid amount of the final judgment is
2 $95,406.65, NOW, THEREFORE,
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4 Be It Enacted by the Legislature of the State of Florida:
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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.
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