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.