Senate Bill sb0052
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    Florida Senate - 2006                                    SB 52
    By Senator Campbell
    32-121-06
  1                      A bill to be entitled
  2         An act relating to the Martin County Health
  3         Department; providing for the relief of
  4         Cristina Alvarez and George Patnode; providing
  5         for appropriations to compensate them for the
  6         death of their son, Nicholas Patnode, a minor,
  7         due to the negligence of the Martin County
  8         Health Department; providing for repayment of
  9         Medicaid liens; providing an effective date.
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11         WHEREAS, on January 8, 1998, Nicholas Patnode, 5 months
12  of age, was seen at the Martin County Health Department -
13  Indiantown Clinic, for a fever, and
14         WHEREAS, a blood test was ordered, the results of which
15  were abnormal and consistent with bacteremia, a condition that
16  requires immediate administration of antibiotics, and
17         WHEREAS, the results of the blood test were printed
18  that day but not picked up from the printer at the clinic, as
19  a result of which treatment was not begun and Nicholas
20  Patnode's condition deteriorated, and
21         WHEREAS, several hours later, Nicholas Patnode's
22  parents took him to Martin Memorial Medical Center, where a
23  spinal tap confirmed a diagnosis of bacterial meningitis, and
24  Nicholas Patnode was transferred to St. Mary's Hospital in
25  critical condition, and
26         WHEREAS, a decision was made to discontinue life
27  support due to irreversible brain damage, and Nicholas Patnode
28  died on January 10, 1998, and
29         WHEREAS, Nicholas Patnode is survived by his parents,
30  Cristina Alvarez and George Patnode, and
31  
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CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                                    SB 52
    32-121-06
 1         WHEREAS, the actions of the Martin County Health
 2  Department demonstrated failure to adhere to a reasonable
 3  level of care of Nicholas Patnode and resulted in his death,
 4  and
 5         WHEREAS, after an unsuccessful attempt by Nicholas
 6  Patnode's parents to settle this claim, it proceeded to
 7  litigation, resulting in a judgment in favor of the parents in
 8  the amount of $2.6 million, and
 9         WHEREAS, the Department of Health has paid $200,000 to
10  Cristina Alvarez and George Patnode under the statutory limits
11  of liability set forth in section 768.28, Florida Statutes,
12  NOW, THEREFORE,
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14  Be It Enacted by the Legislature of the State of Florida:
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16         Section 1.  The facts stated in the preamble to this
17  act are found and declared to be true.
18         Section 2.  There is appropriated from the funds of the
19  Martin County Health Department not otherwise encumbered the
20  sum of $1.5 million, to be paid in equal payments of $300,000
21  per year over a 5-year period for the relief of Cristina
22  Alvarez as compensation for the death of her son, Nicholas
23  Patnode, a minor, due to the negligence of the Martin County
24  Health Department.
25         Section 3.  There is appropriated from the funds of the
26  Martin County Health Department not otherwise encumbered the
27  sum of $900,000, to be paid in equal payments of $180,000 per
28  year over a 5-year period for the relief of George Patnode as
29  compensation for the death of his son, Nicholas Patnode, a
30  minor, due to the negligence of the Martin County Health
31  Department.
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    Florida Senate - 2006                                    SB 52
    32-121-06
 1         Section 4.  The governmental entity responsible for
 2  payment of the warrant shall pay to the Agency for Health Care
 3  Administration the amount due under section 409.910, Florida
 4  Statutes, prior to disbursing any funds to the claimant. The
 5  amount due the agency shall be equal to all unreimbursed
 6  medical payments paid by Medicaid up to the date upon which
 7  this act becomes a law. Such amounts shall be deducted in
 8  equal amounts from the award of each parent.
 9         Section 5.  This act shall take effect upon becoming a
10  law.
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CODING: Words stricken are deletions; words underlined are additions.