Senate Bill sb0008

    Florida Senate - 2005        (NP)                         SB 8

    By Senator Campbell





    32-47-05

  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 of her parents and natural

  5         guardians, Jean and Flora Noel, for injuries

  6         sustained due to the negligence of Children's

  7         Medical Services of the Department of Health

  8         and Rehabilitative Services; providing an

  9         appropriation; providing for the use of such

10         funds; providing for a reversion to the state;

11         providing an effective date.

12  

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

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

15  questionable other lesion, with spina bifida," and

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

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

18  seemed able to move her legs, and

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

20  parents repeatedly sought help from the doctors and staff at

21  the Children's Medical Services clinic because of her

22  increasing difficulty in walking, and

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

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

25  that operation, Minouche never walked again, and

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

27  operation had not been necessary and that the surgeon had

28  performed the surgery below the minimum acceptable standard of

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

30  and bladder, and

31  

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    Florida Senate - 2005        (NP)                         SB 8
    32-47-05




 1         WHEREAS, the jury found that Children's Medical

 2  Services had been negligent and that the negligence

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

 4  to Minouche Noel, and

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

 6  the amount of $6.5 million to Minouche Noel, a minor, and

 7  damages in the amount of $2 million to Jean and Flora Noel,

 8  her parents and natural guardians, NOW, THEREFORE,

 9  

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

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

13  act are found and declared to be true.

14         Section 2.  The sum of $6.5 million is appropriated out

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

16  of Health as successor to the Department of Health and

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

18  legal guardians of Minouche Noel, a minor, as relief for her

19  losses; and the sum of $2 million is appropriated out of funds

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

21  Health to be paid to Jean and Flora Noel, parents and natural

22  guardians of Minouche Noel, as relief for their losses.

23         Section 3.  The Chief Financial Officer is directed to

24  draw a warrant in favor of Jean and Flora Noel in the sum of

25  $8.5 million, of which $6.5 million is for the benefit of

26  Minouche Noel, minor child of Jean and Flora Noel, and $2

27  million is for the benefit of Jean and Flora Noel, upon funds

28  in the State Treasury to the credit of the Department of

29  Health, and the Chief Financial Officer is directed to pay the

30  same out of such funds. The $6.5 million designated for the

31  benefit of Minouche Noel shall be used to pay statutory fees,

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    Florida Senate - 2005        (NP)                         SB 8
    32-47-05




 1  costs, outstanding medical liens, and other immediate needs,

 2  and the remaining funds shall be placed into a special needs

 3  trust created for the use and benefit of Minouche Noel. Any

 4  funds remaining in the special needs trust at Minouche Noel's

 5  death after the payment of any outstanding medical liens shall

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

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

 8  law.

 9  

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11                          SENATE SUMMARY

12    Provides an appropriation for the relief of Minouche
      Noel, a minor, and for the relief of her parents and
13    natural guardians, Jean and Flora Noel, for injuries
      sustained by Minouche Noel due to the negligence of
14    Children's Medical Services of the Department of Health
      and Rehabilitative Services. Provides for the use of such
15    funds and for a reversion to the state under specified
      circumstances.
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CODING: Words stricken are deletions; words underlined are additions.