House Bill hb0529

    Florida House of Representatives - 2002                 HB 529

        By Representative Greenstein






  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         for the use of funds; providing for reversion

13         of funds to the state; providing an effective

14         date.

15

16         WHEREAS, Minouche Noel was born on February 15, 1988,

17  and soon after was diagnosed as having "a possible

18  meningocele, questionable other lesion, with spina bifida,"

19  and

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

21  surgery and, following the surgery and throughout her hospital

22  stay, seemed able to move her legs, and

23         WHEREAS, from January 1989 until May 1989, Minouche

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

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

26  increasing difficulty in walking, and

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

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

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

30  and

31

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






    Florida House of Representatives - 2002                 HB 529

    706-134-02






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

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

  3  that the surgeon had performed the surgery below the minimum

  4  acceptable standard of care and had caused Minouche Noel to

  5  lose all function in her legs and bladder, and

  6         WHEREAS, the jury found that Children's Medical

  7  Services had been negligent and that the negligence

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

  9  to Minouche Noel, and

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

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

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

13  parents and natural guardians of Minouche Noel, and

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

15  provisions of section 768.28, Florida Statutes, NOW,

16  THEREFORE,

17

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

19

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

21  act are found and declared to be true.

22         Section 2.  There is appropriated from the General

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

24  Department of Health and Rehabilitative Services, the sum of

25  $6,500,000 to be paid to Jean and Flora Noel, as parents and

26  legal guardians of Minouche Noel, a minor, for the benefit of

27  Minouche Noel, as relief for injuries and damages sustained.

28  After payment of statutory fees, costs, outstanding medical

29  liens, and other immediate needs, the remaining funds shall be

30  placed into a special needs trust created for the use and

31  benefit of Minouche Noel.  Any funds remaining in the special

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    Florida House of Representatives - 2002                 HB 529

    706-134-02






  1  needs trust upon the death of Minouche Noel, after the payment

  2  of any outstanding Medicaid liens, shall revert to the General

  3  Revenue Fund of the State of Florida.

  4         Section 3.  There is appropriated from the General

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

  6  Department of Health and Rehabilitative Services, the sum of

  7  $2,000,000 for the relief of Jean and Flora Noel,

  8  individually, as relief for injuries and damages sustained.

  9         Section 4.  The Comptroller is directed to draw a

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

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

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

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

14  the Department of Health and the State Treasurer is directed

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

16  otherwise appropriated.

17         Section 5.  The Comptroller is directed to draw a

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

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

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

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

22  Treasury not otherwise appropriated.

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

24  law.

25

26            *****************************************

27                       LEGISLATIVE SUMMARY

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

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