CS/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
10for payment of professional services and costs incurred by
11attorneys and lobbyists; providing an effective date.
12
13     WHEREAS, Minouche Noel was born on February 15, 1988, and
14soon after was diagnosed as having "a possible meningocele,
15questionable other lesion, with spina bifida," and
16     WHEREAS, on July 15, 1988, Minouche Noel underwent surgery
17and, following the surgery and throughout her hospital stay,
18seemed able to move her legs, and
19     WHEREAS, from January 1989 until May 1989, Minouche Noel's
20parents repeatedly sought help from the doctors and staff at the
21Children's Medical Services clinic because of her increasing
22difficulty in walking, and
23     WHEREAS, on May 16, 1989, the same doctor who originally
24operated on Minouche Noel's spine operated again, and, after
25that operation, Minouche Noel never walked again, and
26     WHEREAS, at trial, it was found that the first operation on
27Minouche Noel's spine had not been necessary and that the
28surgeon had performed the surgery below the minimum acceptable
29standard of care and had caused Minouche Noel to lose all
30function in her legs and bladder, and
31     WHEREAS, the jury found that Children's Medical Services
32had been negligent and that the negligence constituted 100
33percent of the legal cause of injury or damage to Minouche Noel,
34and
35     WHEREAS, on March 25, 1999, the jury awarded damages in the
36amount of $6,500,000 to Minouche Noel, then a minor, and damages
37in the amount of $2,000,000 to Jean and Flora Noel, parents and
38natural guardians of Minouche Noel, and
39     WHEREAS, $200,000 has been paid in accordance with the
40provisions of s. 768.28, Florida Statutes, NOW, THEREFORE,
41
42Be It Enacted by the Legislature of the State of Florida:
43
44     Section 1.  The facts stated in the preamble to this act
45are found and declared to be true.
46     Section 2.  There is appropriated from the General Revenue
47Fund to the Department of Health, as successor to the Department
48of Health and Rehabilitative Services, the sum of $6,500,000 to
49be paid to Minouche Noel as relief for injuries and damages
50sustained. After payment of fees and costs as provided in
51section 6 of this act, outstanding medical liens, and other
52immediate needs, the remaining funds shall be placed into a
53special needs trust created for the use and benefit of Minouche
54Noel. Any funds remaining in the special needs trust upon the
55death of Minouche Noel, after the payment of any outstanding
56Medicaid liens, shall revert to the General Revenue Fund of the
57State of Florida.
58     Section 3.  There is appropriated from the General Revenue
59Fund to the Department of Health, as successor to the Department
60of Health and Rehabilitative Services, the sum of $2,000,000 for
61the relief of Jean and Flora Noel, individually, as relief for
62injuries and damages sustained.
63     Section 4.  The Chief Financial Officer is directed to draw
64a warrant in favor of Minouche Noel in the sum of $6,500,000
65upon funds in the State Treasury to the credit of the Department
66of Health, and the Chief Financial Officer is directed to pay
67the same out of such funds in the State Treasury not otherwise
68appropriated.
69     Section 5.  The Chief Financial Officer is directed to draw
70a 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
72Department of Health, and the Chief Financial Officer is
73directed to pay the same out of such funds in the State Treasury
74not otherwise appropriated.
75     Section 6.  Payment for attorney's fees and costs incurred
76by the claimant's attorneys shall not exceed $1,074,667. Payment
77for the professional services and costs of lobbyists advocating
78for passage of this claim shall not exceed $85,000.
79     Section 7.  This act shall take effect upon becoming a law.


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