Senate Bill sb0006
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 (NP) SB 6
By Senator Campbell
33-17-01
1 A bill to be entitled
2 An act relating to the Department of Health;
3 providing for the relief of Minouche Noel, a
4 minor, and her parents and natural guardians,
5 Jean and Flora Noel, for injuries sustained due
6 to the negligence of Children's Medical
7 Services of the Department of Health and
8 Rehabilitative Services; providing an effective
9 date.
10
11 WHEREAS, Minouche Noel was born February 15, 1988, and
12 soon after was diagnosed as having "a possible meningocele,
13 questionable other lesion, with spina bifida," and
14 WHEREAS, on July 15, 1988, Minouche was operated on
15 and, following the surgery and throughout her hospital stay,
16 seemed able to move her legs, and
17 WHEREAS, from January until May 1989, Minouche's
18 parents repeatedly sought help from the doctors and staff at
19 the Children's Medical Services clinic because of her
20 increasing difficulty in walking, and
21 WHEREAS, on May 16, 1989, the same doctor who
22 originally operated on her spine operated again, and, after
23 that operation, Minouche never walked again, and
24 WHEREAS, at trial, it was found that the first
25 operation had not been necessary and that the surgeon had
26 performed the surgery below the minimum acceptable standard of
27 care and had caused Minouche to lose all function in her legs
28 and bladder, and
29 WHEREAS, the jury found that Children's Medical
30 Services had been negligent and that the negligence
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 (NP) SB 6
33-17-01
1 constituted 100 percent of the legal cause of injury or damage
2 to Minouche Noel, and
3 WHEREAS, on March 25, 1999, the jury awarded damages in
4 the amount of $6.5 million to Minouche Noel, a minor, and
5 damages in the amount of $2 million to Jean and Flora Noel,
6 her parents and natural guardians, NOW, THEREFORE,
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. The facts stated in the preamble to this
11 act are found and declared to be true.
12 Section 2. The sum of $6.5 million, with accrued
13 interest at the legally allowable rate per annum since March
14 25, 1999, is appropriated out of funds in the State Treasury
15 to the credit of the Department of Health, as successor to the
16 Department of Health and Rehabilitative Services, to be paid
17 to Minouche Noel, a minor, as relief for her losses; and the
18 sum of $2 million plus accrued interest is appropriated out of
19 such funds to be paid to Jean and Flora Noel, parents and
20 natural guardians of Minouche Noel, as relief for their
21 losses.
22 Section 3. The Comptroller is directed to draw a
23 warrant in favor of Jean and Flora Noel in the sum of $8.5
24 million dollars plus accrued interest at the legally allowable
25 rate per annum since March 25, 1999, of which $6.5 million
26 plus applicable interest is for the benefit of Minouche Noel,
27 minor child of Jean and Flora Noel, and $2 million plus
28 applicable interest is for the benefit of Jean and Flora Noel,
29 upon funds in the State Treasury to the credit of the
30 Department of Health, and the Treasurer is directed to pay the
31 same out of such funds.
2
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2001 (NP) SB 6
33-17-01
1 Section 4. This act shall take effect upon becoming a
2 law.
3
4 *****************************************
5 SENATE SUMMARY
6 Provides an appropriation, out of funds allocated to the
Department of Health, for the relief of Minouche Noel, a
7 minor, and of Jean and Flora Noel, her parents and
natural guardians, for injuries caused by the negligence
8 of the Children's Medical Services of the Department of
Health and Rehabilitative Services, predecessor of the
9 Department of Health.
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
3
CODING: Words stricken are deletions; words underlined are additions.