| 1 | The Committee on Judiciary recommends the following: |
| 2 |
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| 3 | Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 |
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| 6 | A bill to be entitled |
| 7 | An act for the relief of Cristina Alvarez and George |
| 8 | Patnode; providing for appropriations to compensate them |
| 9 | for the death of their son, Nicholas Patnode, a minor, due |
| 10 | to negligence of the Department of Health; providing for |
| 11 | repayment of Medicaid liens; providing an effective date. |
| 12 |
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| 13 | WHEREAS, on January 8, 1998, Nicholas Patnode, 5 months of |
| 14 | age, was seen at the Martin County Health Department - |
| 15 | Indiantown Clinic, for a fever, and |
| 16 | WHEREAS, a blood test was ordered, the results of which |
| 17 | were abnormal and consistent with bacteremia, a condition that |
| 18 | requires immediate administration of antibiotics, and |
| 19 | WHEREAS, the results of the blood test were printed that |
| 20 | day but not picked up from the printer at the clinic, as a |
| 21 | result of which treatment was not begun and Nicholas Patnode's |
| 22 | condition deteriorated, and |
| 23 | WHEREAS, several hours later, Nicholas Patnode's parents |
| 24 | took him to Martin Memorial Medical Center, where a spinal tap |
| 25 | confirmed a diagnosis of bacterial meningitis, and Nicholas |
| 26 | Patnode was transferred to St. Mary's Hospital in critical |
| 27 | condition, and |
| 28 | WHEREAS, a decision was made to discontinue life support |
| 29 | due to irreversible brain damage, and Nicholas Patnode died on |
| 30 | January 10, 1998, and |
| 31 | WHEREAS, Nicholas Patnode is survived by his parents, |
| 32 | Cristina Alvarez and George Patnode, and |
| 33 | WHEREAS, the actions of the Martin County Health Department |
| 34 | demonstrated failure to adhere to a reasonable level of care of |
| 35 | Nicholas Patnode and resulted in his death, and |
| 36 | WHEREAS, after an unsuccessful attempt by Nicholas |
| 37 | Patnode's parents to settle this claim, it proceeded to |
| 38 | litigation, resulting in a judgment in favor of the parents in |
| 39 | the amount of $2,600,000, and |
| 40 | WHEREAS, the Department of Health has paid $200,000 to |
| 41 | Cristina Alvarez and George Patnode under the statutory limits |
| 42 | of liability set forth in section 768.28, Florida Statutes, NOW, |
| 43 | THEREFORE, |
| 44 |
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| 45 | Be It Enacted by the Legislature of the State of Florida: |
| 46 |
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| 47 | Section 1. The facts stated in the preamble to this act |
| 48 | are found and declared to be true. |
| 49 | Section 2. There is appropriated from the General Revenue |
| 50 | Fund to the Department of Health the sum of $1,500,000 for the |
| 51 | relief of Cristina Alvarez as compensation for the death of her |
| 52 | son, Nicholas Patnode, a minor, due to the negligence of the |
| 53 | Martin County Health Department. |
| 54 | Section 3. The Chief Financial Officer is directed to draw |
| 55 | a warrant in favor of Cristina Alvarez in the sum of $1,500,000 |
| 56 | upon funds of the Department of Health in the State Treasury, |
| 57 | and the State Treasurer is directed to pay the same out of such |
| 58 | funds in the State Treasury. |
| 59 | Section 4. There is appropriated from the General Revenue |
| 60 | Fund to the Department of Health the sum of $900,000 for the |
| 61 | relief of George Patnode as compensation for the death of his |
| 62 | son, Nicholas Patnode, a minor, due to the negligence of the |
| 63 | Martin County Health Department. |
| 64 | Section 5. The Chief Financial Officer is directed to draw |
| 65 | a warrant in favor of George Patnode in the sum of $900,000 upon |
| 66 | funds of the Department of Health in the State Treasury, and the |
| 67 | State Treasurer is directed to pay the same out of such funds in |
| 68 | the State Treasury. |
| 69 | Section 6. The governmental entity responsible for payment |
| 70 | of the warrant shall pay to the Florida Agency for Health care |
| 71 | Administration the amount due under s. 409.910, Florida |
| 72 | Statutes, prior to disbursing any funds to the claimant. The |
| 73 | amount due the agency shall be equal to all unreimbursed medical |
| 74 | payments paid by Medicaid up to the date upon which this act |
| 75 | becomes a law. Such amounts shall be deducted in equal amounts |
| 76 | from the award of each parent. |
| 77 | Section 7. This act shall take effect upon becoming a law. |