HB 0399

1
A bill to be entitled
2An act for the relief of Minouche Noel, a minor, and Jean
3and Flora Noel, parents and natural guardians of Minouche
4Noel; providing an appropriation to compensate Minouche
5Noel, a minor, and Jean and Flora Noel, parents and
6natural guardians of Minouche Noel, individually, for
7injuries and damages sustained due to the negligence of
8Children's Medical Services of the former Department of
9Health and Rehabilitative Services; providing for the use
10of funds; providing for reversion of funds to the state;
11providing an effective date.
12
13     WHEREAS, Minouche Noel was born on February 15, 1988, and
14soon after was diagnosed as having "a possible meningocele,
15questionable other lesion, with spina bifida," and
16     WHEREAS, on July 15, 1988, Minouche Noel underwent surgery
17and, following the surgery and throughout her hospital stay,
18seemed able to move her legs, and
19     WHEREAS, from January 1989 until May 1989, Minouche Noel's
20parents repeatedly sought help from the doctors and staff at the
21Children's Medical Services clinic because of her increasing
22difficulty in walking, and
23     WHEREAS, on May 16, 1989, the same doctor who originally
24operated on Minouche Noel's spine operated again, and, after
25that operation, Minouche Noel never walked again, and
26     WHEREAS, at trial, it was found that the first operation on
27Minouche Noel's spine had not been necessary and that the
28surgeon had performed the surgery below the minimum acceptable
29standard of care and had caused Minouche Noel to lose all
30function in her legs and bladder, and
31     WHEREAS, the jury found that Children's Medical Services
32had been negligent and that the negligence constituted 100
33percent of the legal cause of injury or damage to Minouche Noel,
34and
35     WHEREAS, on March 25, 1999, the jury awarded damages in the
36amount of $6,500,000 to Minouche Noel, a minor, and damages in
37the amount of $2,000,000 to Jean and Flora Noel, parents and
38natural guardians of Minouche Noel, and
39     WHEREAS, $200,000 has been paid in accordance with the
40provisions of s. 768.28, Florida Statutes, NOW, THEREFORE,
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  The facts stated in the preamble to this act
45are found and declared to be true.
46     Section 2.  There is appropriated from the General Revenue
47Fund to the Department of Health, as successor to the Department
48of Health and Rehabilitative Services, the sum of $6,500,000 to
49be paid to Jean and Flora Noel, as parents and legal guardians
50of Minouche Noel, a minor, for the benefit of Minouche Noel, as
51relief for injuries and damages sustained. After payment of
52statutory fees, costs, outstanding medical liens, and other
53immediate needs, the remaining funds shall be placed into a
54special needs trust created for the use and benefit of Minouche
55Noel. Any funds remaining in the special needs trust upon the
56death of Minouche Noel, after the payment of any outstanding
57Medicaid liens, shall revert to the General Revenue Fund of the
58State of Florida.
59     Section 3.  There is appropriated from the General Revenue
60Fund to the Department of Health, as successor to the Department
61of Health and Rehabilitative Services, the sum of $2,000,000 for
62the relief of Jean and Flora Noel, individually, as relief for
63injuries and damages sustained.
64     Section 4.  The Chief Financial Officer is directed to draw
65a warrant in favor of Jean and Flora Noel, as parents and legal
66guardians of Minouche Noel, a minor, in the sum of $6,500,000
67for the benefit of Minouche Noel, minor child of Jean and Flora
68Noel, upon funds in the State Treasury to the credit of the
69Department of Health, and the Chief Financial Officer is
70directed to pay the same out of such funds in the State Treasury
71not otherwise appropriated.
72     Section 5.  The Chief Financial Officer is directed to draw
73a warrant in favor of Jean and Flora Noel, individually, in the
74sum of $2,000,000 upon funds in the State Treasury to the credit
75of the Department of Health, and the Chief Financial Officer is
76directed to pay the same out of such funds in the State Treasury
77not otherwise appropriated.
78     Section 6.  This act shall take effect upon becoming a law.


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