Florida Senate - 2017                                      SB 16
       By Senator Steube
       23-00036-17                                             201716__
    1                        A bill to be entitled                      
    2         An act for the relief of Charles Pandrea by the North
    3         Broward Hospital District; providing for an
    4         appropriation to compensate Charles Pandrea, husband
    5         of Janet Pandrea, for the death of Janet Pandrea as a
    6         result of the negligence of the North Broward Hospital
    7         District; providing a limitation on the payment of
    8         compensation, fees, and costs; providing an effective
    9         date.
   11         WHEREAS, Janet Pandrea died on April 2, 2002, in Broward
   12  County as a result of the treatment that she received for non
   13  Hodgkin’s lymphoma, a disease that she did not have, and
   14         WHEREAS, the Coral Springs Medical Center, part of the
   15  North Broward Hospital District, by and through its pathologist,
   16  Peter Tsivis, M.D., breached the applicable standard of care by
   17  and through his diagnosis and interpretation of certain slides
   18  as being consistent with non-Hodgkin’s lymphoma, when the tissue
   19  was, in fact, a benign thymoma, and
   20         WHEREAS, based upon this misdiagnosis, Janet Pandrea was
   21  subsequently treated with multiple rounds of chemotherapy to
   22  which she had adverse reactions, which led to multiple
   23  complications and her eventual demise, and
   24         WHEREAS, Charles and Janet Pandrea were married on May 19,
   25  1956, and they had four children together during the course of
   26  their 46-year marriage, and
   27         WHEREAS, Charles Pandrea suffers from the tragic memories
   28  of the suffering of his wife from complications of chemotherapy
   29  and her prolonged hospital stay and eventual demise, which
   30  stemmed from the initial misdiagnosis, and
   31         WHEREAS, Charles Pandrea will continue to suffer mental
   32  pain and anguish for the remainder of his life, which has caused
   33  and will continue to cause serious psychological problems for
   34  him, and
   35         WHEREAS, as a matter of law, a jury in Broward County on
   36  June 8, 2005, returned a verdict against the North Broward
   37  Hospital District and the verdict was reduced to a final
   38  judgment in the amount of $808,554.78 on June 15, 2005, and
   39         WHEREAS, as a matter of law, it was determined that neither
   40  Charles Pandrea nor Janet Pandrea caused or contributed to the
   41  losses and injuries complained of, and
   42         WHEREAS, the North Broward Hospital District has paid the
   43  statutory limit of $200,000 under s. 768.28, Florida Statutes,
   44  and
   45         WHEREAS, the North Broward Hospital District is responsible
   46  for paying the remainder of the judgment, which is $608,554.78,
   49  Be It Enacted by the Legislature of the State of Florida:
   51         Section 1. The facts stated in the preamble to this act are
   52  found and declared to be true.
   53         Section 2. The North Broward Hospital District is
   54  authorized and directed to appropriate from funds of the
   55  district not otherwise appropriated and to draw a warrant in the
   56  sum of $608,554.78, payable to Charles Pandrea, husband of Janet
   57  Pandrea, deceased, as compensation for the death of Janet
   58  Pandrea as a result of the negligence of the North Broward
   59  Hospital District.
   60         Section 3. The amount paid by the North Broward Hospital
   61  District under s. 768.28, Florida Statutes, and the amount
   62  awarded under this act are intended to provide the sole
   63  compensation for all present and future claims arising out of
   64  the factual situation described in this act which resulted in
   65  the death of Janet Pandrea. The total amount paid for attorney
   66  fees, lobbying fees, costs, and other similar expenses relating
   67  to this claim may not exceed 25 percent of the amount awarded
   68  under this act.
   69         Section 4. This act shall take effect upon becoming a law.