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Senate Bill 0042
    Florida Senate - 1998        (NP)                        SB 42

    By Senator Silver





    38-180-98

  1                      A bill to be entitled

  2         An act relating to the Department of Health;

  3         providing an appropriation for the relief of

  4         Vernelle Lowder, to compensate her for damages

  5         she sustained due to the negligence of the

  6         Department of Health and Rehabilitative

  7         Services; providing an effective date.

  8

  9         WHEREAS, a complaint for damages was filed on behalf of

10  Vernelle Lowder in Dade County (Case Number 93-16747-CA-02),

11  to seek compensation for damages sustained by Vernelle Lowder

12  due to the failure of the Department of Health and

13  Rehabilitative Services to use proper procedures in testing,

14  handling, storing, and transporting Vernelle Lowder's blood

15  and the erroneous report by the department that her blood was

16  HIV-positive, and

17         WHEREAS, as a direct and proximate result of the

18  actions of the Department of Health and Rehabilitative

19  Services, Vernelle Lowder has suffered mental and physical

20  pain and suffering and costs, and

21         WHEREAS, an amended final judgment was entered against

22  the State of Florida Department of Health and Rehabilitative

23  Services on October 19, 1994, awarding Vernelle Lowder the sum

24  of $350,000, to bear interest at the rate of 12 percent per

25  annum, NOW, THEREFORE,

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

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

30  act are found and declared to be true.

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    Florida Senate - 1998        (NP)                        SB 42
    38-180-98




  1         Section 2.  The State of Florida Department of Health

  2  is directed to pay Vernelle Lowder the sum of $350,000, plus

  3  interest in the amount of 12 percent per annum, to compensate

  4  her for the damages she sustained due to the negligence of the

  5  department's predecessor agency, the Department of Health and

  6  Rehabilitative Services.

  7         Section 3.  The Comptroller is directed to draw a

  8  warrant in favor of Vernelle Lowder in the amount of $350,000,

  9  plus interest in the amount of 12 percent per annum, out of

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

11  Health and not otherwise allocated, to compensate Vernelle

12  Lowder for her injuries.

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

14  law.

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17                          SENATE SUMMARY

18    Provides an appropriation from funds credited to the
      Department of Health to pay a final judgment in favor of
19    Vernelle Lowder, to compensate her for damages she
      sustained due to the negligence of the defunct Department
20    of Health and Rehabilitative Services.

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