Senate Bill 0042e2

    SB 42                                   Second Engrossed (ntc)



  1                      A bill to be entitled

  2         An act relating to the Department of Health;

  3         providing an appropriation for the relief of

  4         Vernelle Lowder, to compensate her for damages

  5         she sustained due to the negligence of the

  6         Department of Health and Rehabilitative

  7         Services; providing for payment of Medicaid

  8         liens prior to disbursement of the warrant;

  9         providing an effective date.

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11         WHEREAS, a complaint for damages was filed on behalf of

12  Vernelle Lowder in Dade County (Case Number 93-16747-CA-02),

13  to seek compensation for damages sustained by Vernelle Lowder

14  due to the failure of the Department of Health and

15  Rehabilitative Services to use proper procedures in testing,

16  handling, storing, and transporting Vernelle Lowder's blood

17  and the erroneous report by the department that her blood was

18  HIV-positive, and

19         WHEREAS, as a direct and proximate result of the

20  actions of the Department of Health and Rehabilitative

21  Services, Vernelle Lowder has suffered mental and physical

22  pain and suffering and costs, and

23         WHEREAS, an amended final judgment was entered against

24  the State of Florida Department of Health and Rehabilitative

25  Services on October 19, 1994, awarding Vernelle Lowder the sum

26  of $350,000, to bear interest at the rate of 12 percent per

27  annum, NOW, THEREFORE,

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29  Be It Enacted by the Legislature of the State of Florida:

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






    SB 42                                   Second Engrossed (ntc)



  1         Section 1.  The facts stated in the preamble to this

  2  act are found and declared to be true.

  3         Section 2.  The State of Florida Department of Health

  4  is directed to pay Vernelle Lowder the sum of $250,000, plus

  5  interest in the amount of 12 percent per annum, to compensate

  6  her for the damages she sustained due to the negligence of the

  7  department's predecessor agency, the Department of Health and

  8  Rehabilitative Services.

  9         Section 3.  The Comptroller is directed to draw a

10  warrant in favor of Vernelle Lowder in the amount of $250,000

11  plus interest in the amount of 12 percent per annum, $180,000

12  of which will be placed in a structured payment annuity, out

13  of funds in the State Treasury to the credit of the Department

14  of Health and not otherwise allocated, to compensate Vernelle

15  Lowder for her injuries.

16         Section 4.  The governmental entity responsible for

17  payment of the warrant shall make payment to the Florida

18  Agency for Health Care Administration as complete payment and

19  satisfaction of any and all Medicaid liens for past benefits

20  provided, prior to the disbursement of funds to the claimant.

21  The lien amount shall be calculated up to the date that this

22  bill becomes law.

23         Section 5.  This act shall take effect upon becoming a

24  law.

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