Florida Senate - 2018                              (NP)    SB 16
       By Senator Steube
       23-00113-18                                             201816__
    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         attorney fees; providing an effective date.
   10         WHEREAS, Janet Pandrea died on April 2, 2002, in Broward
   11  County as a result of the treatment that she received for non
   12  Hodgkin’s lymphoma, a disease that she did not have, and
   13         WHEREAS, the Coral Springs Medical Center, part of the
   14  North Broward Hospital District, by and through its pathologist,
   15  Peter Tsivis, M.D., breached the applicable standard of care by
   16  and through his diagnosis and interpretation of certain slides
   17  as being consistent with non-Hodgkin’s lymphoma, when the tissue
   18  was, in fact, a benign thymoma, and
   19         WHEREAS, based upon this misdiagnosis, Janet Pandrea was
   20  subsequently treated with multiple rounds of chemotherapy to
   21  which she had adverse reactions, which led to multiple
   22  complications and her eventual demise, and
   23         WHEREAS, Charles and Janet Pandrea were married on May 19,
   24  1956, and they had four children together during the course of
   25  their 46-year marriage, and
   26         WHEREAS, Charles Pandrea suffers from the tragic memories
   27  of the suffering of his wife from complications of chemotherapy
   28  and her prolonged hospital stay and eventual demise, which
   29  stemmed from the initial misdiagnosis, and
   30         WHEREAS, Charles Pandrea will continue to suffer mental
   31  pain and anguish for the remainder of his life, which has caused
   32  and will continue to cause serious psychological problems for
   33  him, and
   34         WHEREAS, as a matter of law, a jury in Broward County on
   35  June 8, 2005, returned a verdict against the North Broward
   36  Hospital District and the verdict was reduced to a final
   37  judgment in the amount of $808,554.78 on June 15, 2005, and
   38         WHEREAS, as a matter of law, it was determined that neither
   39  Charles Pandrea nor Janet Pandrea caused or contributed to the
   40  losses and injuries complained of, and
   41         WHEREAS, the North Broward Hospital District has paid the
   42  statutory limit of $200,000 under s. 768.28, Florida Statutes,
   43  and
   44         WHEREAS, the North Broward Hospital District is responsible
   45  for paying the remainder of the judgment, which is $608,554.78,
   48  Be It Enacted by the Legislature of the State of Florida:
   50         Section 1. The facts stated in the preamble to this act are
   51  found and declared to be true.
   52         Section 2. The North Broward Hospital District is
   53  authorized and directed to appropriate from funds of the
   54  district not otherwise appropriated and to draw a warrant in the
   55  sum of $608,554.78, payable to Charles Pandrea, husband of Janet
   56  Pandrea, deceased, as compensation for the death of Janet
   57  Pandrea as a result of the negligence of the North Broward
   58  Hospital District.
   59         Section 3. The amount paid by the North Broward Hospital
   60  District under s. 768.28, Florida Statutes, and the amount
   61  awarded under this act are intended to provide the sole
   62  compensation for all present and future claims arising out of
   63  the factual situation described in this act which resulted in
   64  the death of Janet Pandrea. The total amount paid for attorney
   65  fees relating to this claim may not exceed 25 percent of the
   66  amount awarded under this act.
   67         Section 4. This act shall take effect upon becoming a law.