HB 1147

1	A bill to be entitled
2	An act for the relief of Cristina Alvarez and George
3	Patnode; providing for appropriations to compensate them
4	for the death of their son, Nicholas Patnode, a minor, due
5	to negligence of the Department of Health; providing for
6	the repayment of Medicaid liens; providing an effective
7	date.
8
9	WHEREAS, on January 8, 1998, Nicholas Patnode, 5 months of
10	age, was seen for a fever at the Martin County Health Department
11	- Indiantown Clinic, and
12	WHEREAS, a blood test was ordered, the results of which
13	were abnormal and consistent with bacteremia, a condition that
14	requires immediate administration of antibiotics, and
15	WHEREAS, the results of the blood test were printed that
16	day but not picked up from the printer at the clinic, as a
17	result of which treatment was not begun and Nicholas Patnode's
18	condition deteriorated, and
19	WHEREAS, several hours later, Nicholas Patnode's parents
20	took him to Martin Memorial Medical Center, where a spinal tap
21	confirmed a diagnosis of bacterial meningitis, and Nicholas
22	Patnode was transferred to St. Mary's Hospital in critical
23	condition, and
24	WHEREAS, a decision was made to discontinue life support
25	due to irreversible brain damage, and Nicholas Patnode died on
26	January 10, 1998, and
27	WHEREAS, Nicholas Patnode is survived by his parents,
28	Cristina Alvarez and George Patnode, and
29	WHEREAS, the actions of the Martin County Health Department
30	demonstrated failure to adhere to a reasonable level of care of
31	Nicholas Patnode and resulted in his death, and
32	WHEREAS, after an unsuccessful attempt by Nicholas
33	Patnode's parents to settle this claim, it proceeded to
34	litigation, resulting in a judgment in favor of the parents in
35	the amount of $2.6 million, and
36	WHEREAS, the Department of Health has paid $200,000 to
37	Cristina Alvarez and George Patnode under the statutory limits
38	of liability set forth in s. 768.28, Florida Statutes, NOW,
39	THEREFORE,
40
41	Be It Enacted by the Legislature of the State of Florida:
42
43	Section 1.  The facts stated in the preamble to this act
44	are found and declared to be true.
45	Section 2.  There is appropriated from the General Revenue
46	Fund to the Department of Health the sum of $1.5 million for the
47	relief of Cristina Alvarez as compensation for the death of her
48	son, Nicholas Patnode, a minor, due to the negligence of the
49	Martin County Health Department.
50	Section 3.  The Chief Financial Officer is directed to draw
51	a warrant in favor of Cristina Alvarez in the sum of $1.5
52	million upon funds of the Department of Health in the State
53	Treasury, and the Chief Financial Officer is directed to pay the
54	same out of such funds in the State Treasury.
55	Section 4.  There is appropriated from the General Revenue
56	Fund to the Department of Health the sum of $900,000 for the
57	relief of George Patnode as compensation for the death of his
58	son, Nicholas Patnode, a minor, due to the negligence of the
59	Martin County Health Department.
60	Section 5.  The Chief Financial Officer is directed to draw
61	a warrant in favor of George Patnode in the sum of $900,000 upon
62	funds of the Department of Health in the State Treasury, and the
63	Chief Financial Officer is directed to pay the same out of such
64	funds in the State Treasury.
65	Section 6.  The governmental entity responsible for payment
66	of the warrant shall pay to the Agency for Health Care
67	Administration the amount due under s. 409.910, Florida
68	Statutes, prior to disbursing any funds to the claimant. The
69	amount due to the agency shall be equal to all unreimbursed
70	medical payments paid by Medicaid up to the date upon which this
71	act becomes a law. Such amounts shall be deducted in equal
72	amounts from the award of each parent.
73	Section 7.  This act shall take effect upon becoming a law.

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