Senate Bill sb0044er

    ENROLLED

    2002 Legislature                                         SB 44



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  2         An act relating to the Palm Beach County Health

  3         Care District; providing for the relief of

  4         James Torrence; authorizing and directing the

  5         Palm Beach County Health Care District to

  6         compensate him for personal injuries resulting

  7         from surgery negligently performed by a health

  8         care district employee; providing an effective

  9         date.

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11         WHEREAS, James Torrence is a 36-year-old deputy sheriff

12  with the Palm Beach County Sheriff's Office, and

13         WHEREAS, during his work with the sheriff's office as a

14  correctional officer, Deputy Torrence fell and twisted his

15  knee, necessitating medical assistance, and

16         WHEREAS, Deputy Torrence was referred to Dr. Jose

17  Thomas-Richards, an orthopedic surgeon practicing in Belle

18  Glade, Florida, and employed by the Palm Beach County Health

19  Care District, an entity subject to section 768.28, Florida

20  Statutes, Florida's sovereign immunity statute, and

21         WHEREAS, Dr. Thomas-Richards determined that Deputy

22  Torrence had torn the meniscus as well as the anterior

23  cruciate ligament in his left knee, and he received Deputy

24  Torrence's consent to perform a mini-arthrotomy, a surgery

25  involving a small incision in the knee cap, and

26         WHEREAS, after awaking from the surgery, Deputy

27  Torrence found that instead of a small scar on his knee, he

28  was left with a scar on his leg that extended from

29  approximately 6 inches above the knee to 6 inches below the

30  knee, and

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    ENROLLED

    2002 Legislature                                         SB 44



  1         WHEREAS, following the surgery, Dr. Thomas-Richards

  2  immobilized Deputy Torrence's knee for 5 weeks in a brace, and

  3         WHEREAS, Deputy Torrence continued to have problems

  4  with his knee after the surgery and was treated by three

  5  additional physicians who determined: that the meniscus that

  6  was supposedly removed by Dr. Thomas-Richards was left in the

  7  knee and was torn; that the anterior cruciate ligament that

  8  should have been repaired was missing; that additional

  9  surgeries will need to be performed to remove a surgical

10  anchor inserted by Dr. Thomas-Richards; and that Deputy

11  Torrence will need a total knee replacement in the future

12  because of the problems caused by Dr. Thomas-Richard's

13  surgery, and

14         WHEREAS, more recently, an orthopedic expert from

15  Cornell University reviewed Deputy Torrence's case and

16  indicated that the surgery performed on Deputy Torrence has

17  not been done in the United States for 20 years, that the

18  outdated surgery was improperly performed, and that it was

19  improper to immobilize the knee following the surgery, and

20         WHEREAS, although Deputy Torrence has insisted on

21  continuing his work as a corrections officer, he experiences

22  significant pain on a daily basis and faces limitations in his

23  work as a law enforcement officer due to the physical problems

24  associated with the surgery performed by Dr. Thomas-Richards,

25  and

26         WHEREAS, suit was filed, in February 2000, against the

27  Palm Beach County Health Care District, alleging that the

28  negligent surgery performed by the district's employee caused

29  the injuries and damages suffered by Deputy Torrence, and

30         WHEREAS, prior to trial, the parties began settlement

31  negotiations in an effect to resolve this matter, and


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    ENROLLED

    2002 Legislature                                         SB 44



  1         WHEREAS, the parties have reached an agreement whereby

  2  the Palm Beach County Health Care District will pay a total of

  3  $500,000 to resolve this claim, and

  4         WHEREAS, pursuant to the agreement and in accordance

  5  with the limits set forth in section 768.28, Florida Statutes,

  6  the Palm Beach County Health Care District has paid James

  7  Torrence $100,000, leaving a total of $400,000 to be paid upon

  8  passage of a legislative claim bill, and

  9         WHEREAS, the Palm Beach County Health Care District

10  affirmatively supports the passage of a claim bill in the

11  amount of $400,000, NOW, THEREFORE,

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

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

16  act are found and declared to be true.

17         Section 2.  The Palm Beach County Health Care District

18  is authorized and directed to appropriate from funds of the

19  district not otherwise appropriated and to draw a warrant in

20  the sum of $400,000, which amount includes statutory

21  attorney's fees and costs, payable to James Torrence, as

22  compensation for injuries received due to the negligence of an

23  employee of the Palm Beach County Health Care District.

24         Section 3.  This act shall take effect upon becoming a

25  law.

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