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