December 18, 2018
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       Florida Senate - 2010                              (NP)    SB 64
       
       
       
       By Senator Wilson
       
       
       
       
       33-00202-10                                             201064__
    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         fees and costs; providing an effective date.
    9  
   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 a benign thymoma, and
   19         WHEREAS, based upon the misdiagnosis of the benign thymoma
   20  as cancer, Janet Pandrea was subsequently treated with multiple
   21  rounds of chemotherapy to which she had adverse reactions, which
   22  led to multiple complications and her eventual demise, and
   23         WHEREAS, Charles Pandrea was married to Janet Pandrea on
   24  May 19, 1956, and they had four children together during the
   25  course of their 46-year marriage, and
   26         WHEREAS, Charles Pandrea is suffering from the tragic
   27  memories of the suffering of his wife from complications from
   28  chemotherapy and her prolonged hospital stay and eventual
   29  demise, which were related to 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
   35  returned a verdict against North Broward Hospital District on
   36  June 8, 2005, and the verdict was reduced to a final judgment in
   37  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 did anything to cause or
   40  contribute to the cause of the losses and injuries complained
   41  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,
   47  NOW, THEREFORE,
   48  
   49  Be It Enacted by the Legislature of the State of Florida:
   50  
   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 pursuant to 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’s
   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.

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