Senate Bill sb0038
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Florida Senate - 2006 (Corrected Copy) SB 38
By Senator Campbell
32-106-06
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.
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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 underwent surgery
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
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 38
32-106-06
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,
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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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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2006 (Corrected Copy) SB 38
32-106-06
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.
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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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