Senate Bill sb0004

    Florida Senate - 2002        (NP)                         SB 4

    By Senator Campbell





    33-62-02

  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 for the use

  9         of such funds; providing for a reversion to the

10         state; providing an effective date.

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

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

14  questionable other lesion, with spina bifida," and

15         WHEREAS, on July 15, 1988, Minouche was operated on

16  and, following the surgery and throughout her hospital stay,

17  seemed able to move her legs, and

18         WHEREAS, from January until May 1989, Minouche's

19  parents repeatedly sought help from the doctors and staff at

20  the Children's Medical Services clinic because of her

21  increasing difficulty in walking, and

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

23  originally operated on her spine operated again, and, after

24  that operation, Minouche never walked again, and

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

26  operation had not been necessary and that the surgeon had

27  performed the surgery below the minimum acceptable standard of

28  care and had caused Minouche to lose all function in her legs

29  and bladder, and

30         WHEREAS, the jury found that Children's Medical

31  Services had been negligent and that the negligence

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    Florida Senate - 2002        (NP)                         SB 4
    33-62-02




  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.  There is appropriated from the General

13  Revenue Fund to the Department of Health, as successor to the

14  Department of Health and Rehabilitative Services:

15         (1)  The sum of $6.5 million, for the relief of

16  Minouche Noel, a minor, for injuries and damages sustained;

17  and

18         (2)  The sum of $2 million, for the relief of Jean and

19  Flora Noel, parents and natural guardians of Minouche Noel,

20  for injuries and damages sustained.

21         Section 3.  (1)  The Comptroller is directed to draw a

22  warrant in favor of Jean and Flora Noel in the sum of $8.5

23  million, of which $6.5 million is for the benefit of Minouche

24  Noel, minor child of Jean and Flora Noel, and $2 million is

25  for the benefit of Jean and Flora Noel, upon funds of the

26  Department of Health in the State Treasury, and the State

27  Treasurer is directed to pay the same out of such funds in the

28  State Treasury.

29         (2)  The $6.5 million designated for the benefit of

30  Minouche Noel shall be used to pay statutory fees, costs,

31  outstanding medical liens, and other immediate needs, and the

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    Florida Senate - 2002        (NP)                         SB 4
    33-62-02




  1  remaining funds shall be placed into a special needs trust

  2  created for the use and benefit of Minouche Noel. Any funds

  3  remaining in the special needs trust at Minouche Noel's death

  4  after the payment of any outstanding Medicaid liens shall

  5  revert to the General Revenue Fund of the State of Florida.

  6         Section 4.  This act shall take effect upon becoming a

  7  law.

  8

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10                          SENATE SUMMARY

11    Provides an appropriation, out of funds allocated to the
      Department of Health, for the relief of Minouche Noel, a
12    minor, and of Jean and Flora Noel, her parents and
      natural guardians, for injuries caused by the negligence
13    of the Children's Medical Services of the Department of
      Health and Rehabilitative Services, predecessor of the
14    Department of Health.

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