www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - July 26, 2016
July 26, 2016 - Regular Meeting
Agenda Item #15


Subject
Motion to Approve Settlement in the Matter of Walter and Joan Braasch v. Manatee County

Briefings
Briefing Provided Upon Request

Contact and/or Presenter Information
Geoffrey Nichols, Assistant County Attorney, x3750



Action Requested
Motion to Approve settlement in the matter of Walter and Joan Braasch v. Manatee County, Case No. 2015-CA-2895 


Enabling/Regulating Authority
Florida Statute 125.01 and Florida Statute 768.28


Background Discussion
Facts of the Case:  On May 21, 2004, Manatee County Emergency Medical Services responded to a 911 call for assistance to Plaintiff's residence.  Plaintiff is a quadriplegic in his 70's.  When paramedics arrived at the scene, Plaintiff was sitting on the floor in his bedroom.  The paramedics were asked to lift Plaintiff and set him into his chair.  While performing the lift, a "popping" noise was heard and on exam it was noticed that Plaintiff had a deformity just below the humerus.  The lead paramedic splinted Plaintiff's arm and he was transported by ambulance to Lakewood Ranch Medical Center for further evaluation and treatment.  He was diagnosed with a fractured humerus.  As a result of the fracture, Plaintiff was transferred into a skilled nursing facility where he stayed for approximately one year.  Plaintiff is seeking damages for his injury and medical bills.  In addition, Plaintiff's spouse (now deceased) brought a loss of consortium claim.

Plaintiff's Damages and Medical Expenses:  As a result of the injury, medical expenses, and in-patient care in a nursing facility, Plaintiff incurred $53,000 in damages.  In addition Plaintiff paid a total of $13,089.11 in out-of-pocket medical expenses.  Medicare and Medicaid both have liens in the amounts of $21,271.44 and $19,033.10, respectfully, and there is a subrogation claim by Trover Solutions for United Healthcare in the amount of $495.22. 

Settlement:  Plaintiff's original demand on April 29, 2015 was $300,000.00.  The County Attorney's Office participated in mediation with the Plaintiff and his counsel.  The parties agreed to settle the matter for $90,000.00.      


County Attorney Review
Other (Requires explanation in field below)

Explanation of Other
This is a County Attorney item.


Reviewing Attorney
Eschenfelder

Instructions to Board Records
Please return a stamped copy of this agenda memorandum certifying its approval by the Board of County Commissioners to Linda Klasing, Risk Manager, County Attorney's Office, Division of Risk Management


Cost and Funds Source Account Number and Name
5050001500-549102

Amount and Frequency of Recurring Costs
$90,000.00 One Time Payment


Attachment:  Mediation Settlement Agreement.needs.GKN.sign.only.pdf
Attachment:  Signed HIPAA Authorization.pdf
Attachment:  general release medicare medicaid.signed.by.ptff.pdf