Florida Senate - 2010                              (NP)    SB 64 
 
By Senator Wilson 
33-00202-10                                             201064__ 
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         fees and costs; 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 a benign thymoma, and 
19         WHEREAS, based upon the misdiagnosis of the benign thymoma 
20  as cancer, Janet Pandrea was subsequently treated with multiple 
21  rounds of chemotherapy to which she had adverse reactions, which 
22  led to multiple complications and her eventual demise, and 
23         WHEREAS, Charles Pandrea was married to Janet Pandrea on 
24  May 19, 1956, and they had four children together during the 
25  course of their 46-year marriage, and 
26         WHEREAS, Charles Pandrea is suffering from the tragic 
27  memories of the suffering of his wife from complications from 
28  chemotherapy and her prolonged hospital stay and eventual 
29  demise, which were related to 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 
35  returned a verdict against North Broward Hospital District on 
36  June 8, 2005, and the verdict was reduced to a final judgment in 
37  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 did anything to cause or 
40  contribute to the cause of the losses and injuries complained 
41  of, and 
42         WHEREAS, the North Broward Hospital District has paid the 
43  statutory limit of $200,000 under s. 768.28, Florida Statutes, 
44  and 
45         WHEREAS, the North Broward Hospital District is responsible 
46  for paying the remainder of the judgment, which is $608,554.78, 
47  NOW, THEREFORE, 
48 
49  Be It Enacted by the Legislature of the State of Florida: 
50 
51         Section 1. The facts stated in the preamble to this act are 
52  found and declared to be true. 
53         Section 2. The North Broward Hospital District is 
54  authorized and directed to appropriate from funds of the 
55  district not otherwise appropriated and to draw a warrant in the 
56  sum of $608,554.78, payable to Charles Pandrea, husband of Janet 
57  Pandrea, deceased, as compensation for the death of Janet 
58  Pandrea as a result of the negligence of the North Broward 
59  Hospital District. 
60         Section 3. The amount paid by the North Broward Hospital 
61  District pursuant to s. 768.28, Florida Statutes, and the amount 
62  awarded under this act are intended to provide the sole 
63  compensation for all present and future claims arising out of 
64  the factual situation described in this act which resulted in 
65  the death of Janet Pandrea. The total amount paid for attorney’s 
66  fees, lobbying fees, costs, and other similar expenses relating 
67  to this claim may not exceed 25 percent of the amount awarded 
68  under this act. 
69         Section 4. This act shall take effect upon becoming a law.