HB 967

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.
14
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,
73
74	Be It Enacted by the Legislature of the State of Florida:
75
76	Section 1.  The facts stated in the preamble to this act
77	are 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.

CODING: Words stricken are deletions; words underlined are additions.