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 | for payment of professional services and costs incurred by |
11 | attorneys and lobbyists; providing an effective date. |
12 |
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13 | WHEREAS, Minouche Noel was born on 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 Noel underwent surgery |
17 | and, following the surgery and throughout her hospital stay, |
18 | seemed able to move her legs, and |
19 | WHEREAS, from January 1989 until May 1989, Minouche Noel's |
20 | parents repeatedly sought help from the doctors and staff at the |
21 | Children's Medical Services clinic because of her increasing |
22 | difficulty in walking, and |
23 | WHEREAS, on May 16, 1989, the same doctor who originally |
24 | operated on Minouche Noel's spine operated again, and, after |
25 | that operation, Minouche Noel never walked again, and |
26 | WHEREAS, at trial, it was found that the first operation on |
27 | Minouche Noel's spine had not been necessary and that the |
28 | surgeon had performed the surgery below the minimum acceptable |
29 | standard of care and had caused Minouche Noel to lose all |
30 | function in her legs and bladder, and |
31 | WHEREAS, the jury found that Children's Medical Services |
32 | had been negligent and that the negligence constituted 100 |
33 | percent of the legal cause of injury or damage to Minouche Noel, |
34 | and |
35 | WHEREAS, on March 25, 1999, the jury awarded damages in the |
36 | amount of $6,500,000 to Minouche Noel, then a minor, and damages |
37 | in the amount of $2,000,000 to Jean and Flora Noel, parents and |
38 | natural guardians of Minouche Noel, and |
39 | WHEREAS, $200,000 has been paid in accordance with the |
40 | provisions of s. 768.28, Florida Statutes, NOW, THEREFORE, |
41 |
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42 | Be It Enacted by the Legislature of the State of Florida: |
43 |
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44 | Section 1. The facts stated in the preamble to this act |
45 | are found and declared to be true. |
46 | Section 2. There is appropriated from the General Revenue |
47 | Fund to the Department of Health, as successor to the Department |
48 | of Health and Rehabilitative Services, the sum of $6,500,000 to |
49 | be paid to Minouche Noel as relief for injuries and damages |
50 | sustained. After payment of fees and costs as provided in |
51 | section 6 of this act, outstanding medical liens, and other |
52 | immediate needs, the remaining funds shall be placed into a |
53 | special needs trust created for the use and benefit of Minouche |
54 | Noel. Any funds remaining in the special needs trust upon the |
55 | death of Minouche Noel, after the payment of any outstanding |
56 | Medicaid liens, shall revert to the General Revenue Fund of the |
57 | State of Florida. |
58 | Section 3. There is appropriated from the General Revenue |
59 | Fund to the Department of Health, as successor to the Department |
60 | of Health and Rehabilitative Services, the sum of $2,000,000 for |
61 | the relief of Jean and Flora Noel, individually, as relief for |
62 | injuries and damages sustained. |
63 | Section 4. The Chief Financial Officer is directed to draw |
64 | a warrant in favor of Minouche Noel in the sum of $6,500,000 |
65 | upon funds in the State Treasury to the credit of the Department |
66 | of Health, and the Chief Financial Officer is directed to pay |
67 | the same out of such funds in the State Treasury not otherwise |
68 | appropriated. |
69 | Section 5. The Chief Financial Officer is directed to draw |
70 | a warrant in favor of Jean and Flora Noel in the sum of |
71 | $2,000,000 upon funds in the State Treasury to the credit of the |
72 | Department of Health, and the Chief Financial Officer is |
73 | directed to pay the same out of such funds in the State Treasury |
74 | not otherwise appropriated. |
75 | Section 6. Payment for attorney's fees and costs incurred |
76 | by the claimant's attorneys shall not exceed $1,074,667. Payment |
77 | for the professional services and costs of lobbyists advocating |
78 | for passage of this claim shall not exceed $85,000. |
79 | Section 7. This act shall take effect upon becoming a law. |