HB 0235 2004
1	A bill to be entitled
2	An act for the relief of Cristina Alvarez and George
3	Patnode; providing for appropriations to compensate them
4	for the death of their son, Nicholas Patnode, a minor, due
5	to negligence of the Department of Health; providing an
6	effective date.
7
8	WHEREAS, on January 8, 1998, Nicholas Patnode, 5 months of
9	age, was seen at the Martin County Health Department -
10	Indiantown Clinic, for a fever, and
11	WHEREAS, a blood test was ordered, the results of which
12	were abnormal and consistent with bacteremia, a condition that
13	requires immediate administration of antibiotics, and
14	WHEREAS, the results of the blood test were printed that
15	day but not picked up from the printer at the clinic, as a
16	result of which treatment was not begun and Nicholas Patnode's
17	condition deteriorated, and
18	WHEREAS, several hours later, Nicholas Patnode's parents
19	took him to Martin Memorial Medical Center, where a spinal tap
20	confirmed a diagnosis of bacterial meningitis, and Nicholas
21	Patnode was transferred to St. Mary's Hospital in critical
22	condition, and
23	WHEREAS, a decision was made to discontinue life support
24	due to irreversible brain damage, and Nicholas Patnode died on
25	January 10, 1998, and
26	WHEREAS, Nicholas Patnode is survived by his parents,
27	Cristina Alvarez and George Patnode, and
28	WHEREAS, the actions of the Martin County Health Department
29	demonstrated failure to adhere to a reasonable level of care of
30	Nicholas Patnode and resulted in his death, and
31	WHEREAS, after an unsuccessful attempt by Nicholas
32	Patnode's parents to settle this claim, it proceeded to
33	litigation, resulting in a judgment in favor of the parents in
34	the amount of $2,600,000, NOW, THEREFORE,
35
36	Be It Enacted by the Legislature of the State of Florida:
37
38	Section 1. The facts stated in the preamble to this act
39	are found and declared to be true.
40	Section 2. There is appropriated from the General Revenue
41	Fund to the Department of Health the sum of $1,600,000 for the
42	relief of Cristina Alvarez as compensation for the death of her
43	son, Nicholas Patnode, a minor, due to the negligence of the
44	Martin County Health Department.
45	Section 3. The Chief Financial Officer is directed to draw
46	a warrant in favor of Cristina Alvarez in the sum of $1,600,000
47	upon funds of the Department of Health in the State Treasury,
48	and the State Treasurer is directed to pay the same out of such
49	funds in the State Treasury.
50	Section 4. There is appropriated from the General Revenue
51	Fund to the Department of Health the sum of $1,000,000 for the
52	relief of George Patnode as compensation for the death of his
53	son, Nicholas Patnode, a minor, due to the negligence of the
54	Martin County Health Department.
55	Section 5. The Chief Financial Officer is directed to draw
56	a warrant in favor of George Patnode in the sum of $1,000,000
57	upon funds of the Department of Health in the State Treasury,
58	and the State Treasurer is directed to pay the same out of such
59	funds in the State Treasury.
60	Section 6. This act shall take effect upon becoming a law.