House Bill hb0241

    Florida House of Representatives - 2001                 HB 241

        By Representative Cantens






  1                      A bill to be entitled

  2         An act for the relief of Minouche Noel, a

  3         minor, and Jean and Flora Noel, parents and

  4         natural guardians of Minouche Noel; providing

  5         an appropriation to compensate Minouche Noel, a

  6         minor, and Jean and Flora Noel, parents and

  7         natural guardians of Minouche Noel,

  8         individually, for injuries and damages

  9         sustained due to the negligence of Children's

10         Medical Services of the former Department of

11         Health and Rehabilitative Services; providing

12         an effective date.

13

14         WHEREAS, Minouche Noel was born February 15, 1988, and

15  soon after was diagnosed as having "a possible meningocele,

16  questionable other lesion, with spina bifida," and

17         WHEREAS, on July 15, 1988, Minouche Noel underwent

18  surgery and, following the surgery and throughout her hospital

19  stay, seemed able to move her legs, and

20         WHEREAS, from January 1989 until May 1989, Minouche

21  Noel's parents repeatedly sought help from the doctors and

22  staff at the Children's Medical Services clinic because of her

23  increasing difficulty in walking, and

24         WHEREAS, on May 16, 1989, the same doctor who

25  originally operated on Minouche Noel's spine operated again,

26  and, after that operation, Minouche Noel never walked again,

27  and

28         WHEREAS, at trial, it was found that the first

29  operation on Minouche Noel's spine had not been necessary and

30  that the surgeon had performed the surgery below the minimum

31

                                  1

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 241

    702-139-01






  1  acceptable standard of care and had caused Minouche Noel to

  2  lose all function in her legs and bladder, and

  3         WHEREAS, the jury found that Children's Medical

  4  Services had been negligent and that the negligence

  5  constituted 100 percent of the legal cause of injury or damage

  6  to Minouche Noel, and

  7         WHEREAS, on March 25, 1999, the jury awarded damages in

  8  the amount of $6,500,000 to Minouche Noel, a minor, and

  9  damages in the amount of $2,000,000 to Jean and Flora Noel,

10  parents and natural guardians of Minouche Noel, and

11         WHEREAS, $200,000 has been paid in accordance with the

12  provisions of section 768.28, Florida Statutes, NOW,

13  THEREFORE,

14

15  Be It Enacted by the Legislature of the State of Florida:

16

17         Section 1.  The facts stated in the preamble to this

18  act are found and declared to be true.

19         Section 2.  The sum of $6,500,000 is appropriated out

20  of funds in the State Treasury to the credit of the Department

21  of Health, as successor to the Department of Health and

22  Rehabilitative Services, to be paid to Jean and Flora Noel, as

23  parents and legal guardians of Minouche Noel, a minor, for the

24  benefit of Minouche Noel, as relief for injuries and damages

25  sustained.

26         Section 3.  The sum of $2,000,000, is appropriated out

27  of funds in the State Treasury to the credit of the Department

28  of Health, as successor agency to the former Department of

29  Health and Rehabilitative Services, and not otherwise

30  appropriated to be paid to Jean and Flora Noel, individually,

31  as relief for injuries and damages sustained.

                                  2

CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2001                 HB 241

    702-139-01






  1         Section 4.  The Comptroller is directed to draw a

  2  warrant in favor of Jean and Flora Noel, as parents and legal

  3  guardians of Minouche Noel, a minor, in the sum of $6,500,000

  4  for the benefit of Minouche Noel, minor child of Jean and

  5  Flora Noel, upon funds in the State Treasury to the credit of

  6  the Department of Health and the State Treasurer is directed

  7  to pay the same out of such funds in the State Treasury not

  8  otherwise appropriated.

  9         Section 5.  The Comptroller is directed to draw a

10  warrant in favor of Jean and Flora Noel, individually, in the

11  sum of $2,000,000 upon funds in the State Treasury to the

12  credit of the Department of Health and the State Treasurer is

13  directed to pay the same out of such funds in the State

14  Treasury not otherwise appropriated.

15         Section 6.  This act shall take effect upon becoming a

16  law.

17

18            *****************************************

19                       LEGISLATIVE SUMMARY

20    Provides an appropriation of $8.5 million, out of funds
      allocated to the Department of Health, for the relief of
21    Minouche Noel, a minor, and of Jean and Flora Noel, her
      parents and natural guardians, for injuries caused by the
22    negligence of Children's Medical Services of the former
      Department of Health and Rehabilitative Services,
23    predecessor of the Department of Health.

24

25

26

27

28

29

30

31

                                  3

CODING: Words stricken are deletions; words underlined are additions.