Florida Senate - 2018 (NP) SB 16 By Senator Steube 23-00113-18 201816__ 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 attorney fees; 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, in fact, a benign thymoma, and 19 WHEREAS, based upon this misdiagnosis, Janet Pandrea was 20 subsequently treated with multiple rounds of chemotherapy to 21 which she had adverse reactions, which led to multiple 22 complications and her eventual demise, and 23 WHEREAS, Charles and Janet Pandrea were married on May 19, 24 1956, and they had four children together during the course of 25 their 46-year marriage, and 26 WHEREAS, Charles Pandrea suffers from the tragic memories 27 of the suffering of his wife from complications of chemotherapy 28 and her prolonged hospital stay and eventual demise, which 29 stemmed from 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 on 35 June 8, 2005, returned a verdict against the North Broward 36 Hospital District and the verdict was reduced to a final 37 judgment in 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 caused or contributed to the 40 losses and injuries complained of, and 41 WHEREAS, the North Broward Hospital District has paid the 42 statutory limit of $200,000 under s. 768.28, Florida Statutes, 43 and 44 WHEREAS, the North Broward Hospital District is responsible 45 for paying the remainder of the judgment, which is $608,554.78, 46 NOW, THEREFORE, 47 48 Be It Enacted by the Legislature of the State of Florida: 49 50 Section 1. The facts stated in the preamble to this act are 51 found and declared to be true. 52 Section 2. The North Broward Hospital District is 53 authorized and directed to appropriate from funds of the 54 district not otherwise appropriated and to draw a warrant in the 55 sum of $608,554.78, payable to Charles Pandrea, husband of Janet 56 Pandrea, deceased, as compensation for the death of Janet 57 Pandrea as a result of the negligence of the North Broward 58 Hospital District. 59 Section 3. The amount paid by the North Broward Hospital 60 District under s. 768.28, Florida Statutes, and the amount 61 awarded under this act are intended to provide the sole 62 compensation for all present and future claims arising out of 63 the factual situation described in this act which resulted in 64 the death of Janet Pandrea. The total amount paid for attorney 65 fees relating to this claim may not exceed 25 percent of the 66 amount awarded under this act. 67 Section 4. This act shall take effect upon becoming a law.