CS/HB 593

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


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