Agenda 05/11/2021 Item #16K 1 (Settlement Agreement - Case No. 20-CA-3608)05/11/2021
EXECUTIVE SUMMARY
Recommendation to approve and authorize the Chair to execute a Settlement Agreement in the
lawsuit styled Margaret Heller v. Collier County Board of Commissioners, (Case No. 20-CA-3608),
now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier County,
Florida, for the sum of $22,500.
OBJECTIVE: Recommendation to approve the settlement in the lawsuit filed by Margaret Heller for the
sum of $22,500.00 and authorize the Chair to execute the Settlement Agreement and Mutual Release.
CONSIDERATIONS: This lawsuit arises out of an incident that occurred February 12, 2018, when
Collier County EMS was called to the Plaintiff’s home for assistance. EMS personnel found Plaintiff to
be alert, lethargic, pale, and cold to the touch and was complaining of abdominal pain and nausea. Hot
packs were placed to her core to assist in warming her and she was transported from her home to Naples
Community Hospital. The Plaintiff alleges the hot packs caused burns which then blistered and then
developed necrotic ulcers to both of her inner thighs, resulting in permanent scarring.
Plaintiff received home health care and was also referred to a wound healing center for further
management of her alleged injuries. Plaintiff incurred a total of $14,228.96 in total medical bills.
Plaintiff alleges it took several months for healing and she still experiences discomfort to the areas and
permanent scarring.
Plaintiff alleges Collier County EMS was negligent in inappropriately applying and using the hot packs,
failing to monitor area, failing to provide enough fluids, and failing to complete a thorough examination
prior to rendering treatment, as a result, she suffered the injury and damages.
The parties commenced discovery and settlement negotiations and Plaintiff’s initial demand for
settlement was $80,000.00. All parties have agreed to a tentative settlement in the amount of $22,500.00
which will resolve the lawsuit including any and all outstanding liens and medical expenses. The County
Attorney and the Risk Management Director recommend that the Board approve this settlement as
reasonable. Should the case proceed through depositions, expert examinations, non-binding arbitration,
and trial, the costs incurred alone are expected to well exceed the tentative settlement amount.
FISCAL IMPACT: Funds are budgeted and available in Fund 516, Property & Casualty Insurance Fund
and the total impact will be $22,500.00.
GROWTH MANAGEMENT IMPACT: None.
LEGAL CONSIDERATIONS: This item is approved as to form and legality and requires a majority
vote for approval. - CAK
RECOMMENDATION: For the Board of County Commissioners to approve and authorize the
Chairman to execute the Settlement Agreement for the total sum of $22,500.00 in the la wsuit styled
Margaret Heller v. Collier County Board of Commissioners, (Case No. 20-CA-3608), now pending in the
Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
PREPARED BY: Colleen A. Kerins, Assistant County Attorney
ATTACHMENT(S)
1. Settlement Agreement-Heller (PDF)
16.K.1
Packet Pg. 997
05/11/2021
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.K.1
Doc ID: 15743
Item Summary: Recommendation to approve and authorize the Chair to execute a Settlement
Agreement in the lawsuit styled Margaret Heller v. Collier County Board of Commissioners, (Case No.
20-CA-3608), now pending in the Circuit Court of the Twentieth Judicial Circuit in and for Collier
County, Florida, for the sum of $22,500.
Meeting Date: 05/11/2021
Prepared by:
Title: Legal Assistant – County Attorney's Office
Name: Rosa Villarreal
04/30/2021 10:01 AM
Submitted by:
Title: County Attorney – County Attorney's Office
Name: Jeffrey A. Klatzkow
04/30/2021 10:01 AM
Approved By:
Review:
Risk Management Jeff Walker Additional Reviewer Completed 04/30/2021 3:04 PM
County Attorney's Office Colleen Kerins Level 2 Attorney Review Completed 04/30/2021 3:53 PM
Office of Management and Budget Debra Windsor Level 3 OMB Gatekeeper Review Completed 04/30/2021 4:09 PM
Office of Management and Budget Laura Wells Additional Reviewer Completed 05/03/2021 8:43 AM
County Attorney's Office Jeffrey A. Klatzkow Level 3 County Attorney's Office Review Completed 05/03/2021 4:08 PM
County Manager's Office Sean Callahan Level 4 County Manager Review Completed 05/04/2021 9:52 AM
Board of County Commissioners Geoffrey Willig Meeting Pending 05/11/2021 9:00 AM
16.K.1
Packet Pg. 998
16.K.1.a
Packet Pg. 999 Attachment: Settlement Agreement-Heller (15743 : Approve and execute settlement agreement in Heller v. Collier County 20-CA-3608)
16.K.1.a
Packet Pg. 1000 Attachment: Settlement Agreement-Heller (15743 : Approve and execute settlement agreement in Heller v. Collier County 20-CA-3608)
16.K.1.a
Packet Pg. 1001 Attachment: Settlement Agreement-Heller (15743 : Approve and execute settlement agreement in Heller v. Collier County 20-CA-3608)
16.K.1.a
Packet Pg. 1002 Attachment: Settlement Agreement-Heller (15743 : Approve and execute settlement agreement in Heller v. Collier County 20-CA-3608)