Florida Senate - 2012                              (NP)    SB 70
       By Senator Storms
       10-00194-12                                             201270__
    1                        A bill to be entitled                      
    2         An act for the relief of Kristi Mellen as personal
    3         representative of the Estate of Michael Munson,
    4         deceased, by the North Broward Hospital District;
    5         providing for an appropriation to compensate the
    6         estate and the statutory survivors, Kristi Mellen,
    7         surviving spouse, and Michael Conner Munson and
    8         Corinne Keller Munson, surviving minor son and
    9         surviving minor daughter, for the wrongful death of
   10         Michael Munson as a result of the negligence of the
   11         North Broward Hospital District; providing a
   12         limitation on the payment of fees and costs; providing
   13         an effective date.
   15         WHEREAS, on September 21, 2008, while spending the morning
   16  with his family, Michael Munson, a 49-year-old accountant and
   17  attorney, began to experience signs and symptoms of a heart
   18  attack including burning in his chest, indigestion, and
   19  radiating pain into his arms, along with severe shortness of
   20  breath, and
   21         WHEREAS, Kristi Mellen, his wife, drove her husband
   22  immediately to Coral Springs Medical Center, which is a hospital
   23  owned and operated by the North Broward Hospital District, and
   24  dropped him off at the entrance to the emergency center, and
   25         WHEREAS, Mr. Munson was evaluated by Lynn Parpard, the
   26  triage nurse, who was informed of the burning in his chest,
   27  indigestion, and radiating pain into his arms, along with severe
   28  shortness of breath, and
   29         WHEREAS, Ms. Parpard took an initial set of vital signs and
   30  misdiagnosed Mr. Munson as suffering from an anxiety attack and
   31  sent him into the waiting room, and
   32         WHEREAS, Ms. Parpard violated the appropriate standards of
   33  care and breached the hospital’s policies and procedures
   34  including its Chest Pain Protocol, and
   35         WHEREAS, Mr. Munson was then processed by an administrative
   36  assistant who, upon hearing his symptoms, asked Ms. Parpard to
   37  address the patient’s complaints, given the Chest Pain Protocol
   38  that existed, and
   39         WHEREAS, Ms. Parpard once again dismissed Mr. Munson’s
   40  complaints and asked him to return to the waiting room for a
   41  second time, and
   42         WHEREAS, shortly thereafter, Mr. Munson suffered a massive
   43  heart attack as he collapsed in the waiting room and was taken
   44  back into the treatment area, and
   45         WHEREAS, all of the facts and circumstances described in
   46  this preamble were recorded by one of the hospital’s security
   47  cameras, and
   48         WHEREAS, medical personnel were unable to resuscitate Mr.
   49  Munson, and he died on September 21, 2008, at 12:10 p.m.,
   50  leaving behind Kristi, his wife of 20 years, and their two minor
   51  children, who, at the time, were ages 14 and 17, and
   52         WHEREAS, the hospital’s investigation into this
   53  circumstance determined that Ms. Parpard’s triage of the patient
   54  was inadequate and inappropriate, and, as a result, Ms. Parpard
   55  was terminated from her employment with Coral Springs Medical
   56  Center, and
   57         WHEREAS, a tort claim was filed on behalf of Kristi Mellen,
   58  as personal representative of the Estate of Michael Munson, Case
   59  No. 09-036106 (02) in the Circuit Court of the Seventeenth
   60  Judicial Circuit of Florida, and
   61         WHEREAS, Kristi Mellen, as personal representative of the
   62  Estate of Michael Munson, and the North Broward Hospital
   63  District did agree to amicably settle this matter, and
   64         WHEREAS, a specific condition of the settlement was that
   65  the North Broward Hospital District would permit the entry of a
   66  consent judgment in the amount of $3 million, and
   67         WHEREAS, the North Broward Hospital District has paid the
   68  statutory limit of $200,000 to the Estate of Michael Munson,
   69  pursuant to s. 768.28, Florida Statutes, and
   70         WHEREAS, the North Broward Hospital District has agreed to
   71  fully cooperate and promote the passage of this claim bill in
   72  the amount of $2.8 million, NOW, THEREFORE,
   74  Be It Enacted by the Legislature of the State of Florida:
   76         Section 1. The facts stated in the preamble to this act are
   77  found and declared to be true.
   78         Section 2. The North Broward Hospital District is
   79  authorized and directed to appropriate from funds of the
   80  district not otherwise appropriated, including insurance, and to
   81  draw a warrant payable to Kristi Mellen, as personal
   82  representative of the Estate of Michael Munson, in the sum of
   83  $2.8 million as compensation for the death of Michael Munson.
   84         Section 3. The amount paid by the North Broward Hospital
   85  District pursuant to s. 768.28, Florida Statutes, and the amount
   86  awarded under this act are intended to provide the sole
   87  compensation for all present and future claims arising out of
   88  the factual situation described in this act which resulted in
   89  the death of Michael Munson. The total amount paid for
   90  attorney’s fees, lobbying fees, costs, and other similar
   91  expenses relating to this claim may not exceed 25 percent of the
   92  amount awarded under this act.
   93         Section 4. This act shall take effect upon becoming a law.