Senate Bill sb0006

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    Florida Senate - 2001        (NP)                         SB 6

    By Senator Campbell





    33-17-01

  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 her parents and natural guardians,

  5         Jean and Flora Noel, for injuries sustained due

  6         to the negligence of Children's Medical

  7         Services of the Department of Health and

  8         Rehabilitative Services; providing an effective

  9         date.

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11         WHEREAS, Minouche Noel was born February 15, 1988, and

12  soon after was diagnosed as having "a possible meningocele,

13  questionable other lesion, with spina bifida," and

14         WHEREAS, on July 15, 1988, Minouche was operated on

15  and, following the surgery and throughout her hospital stay,

16  seemed able to move her legs, and

17         WHEREAS, from January until May 1989, Minouche's

18  parents repeatedly sought help from the doctors and staff at

19  the Children's Medical Services clinic because of her

20  increasing difficulty in walking, and

21         WHEREAS, on May 16, 1989, the same doctor who

22  originally operated on her spine operated again, and, after

23  that operation, Minouche never walked again, and

24         WHEREAS, at trial, it was found that the first

25  operation had not been necessary and that the surgeon had

26  performed the surgery below the minimum acceptable standard of

27  care and had caused Minouche to lose all function in her legs

28  and bladder, and

29         WHEREAS, the jury found that Children's Medical

30  Services had been negligent and that the negligence

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    Florida Senate - 2001        (NP)                         SB 6
    33-17-01




  1  constituted 100 percent of the legal cause of injury or damage

  2  to Minouche Noel, and

  3         WHEREAS, on March 25, 1999, the jury awarded damages in

  4  the amount of $6.5 million to Minouche Noel, a minor, and

  5  damages in the amount of $2 million to Jean and Flora Noel,

  6  her parents and natural guardians, NOW, THEREFORE,

  7

  8  Be It Enacted by the Legislature of the State of Florida:

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10         Section 1.  The facts stated in the preamble to this

11  act are found and declared to be true.

12         Section 2.  The sum of $6.5 million, with accrued

13  interest at the legally allowable rate per annum since March

14  25, 1999, is appropriated out of funds in the State Treasury

15  to the credit of the Department of Health, as successor to the

16  Department of Health and Rehabilitative Services, to be paid

17  to Minouche Noel, a minor, as relief for her losses; and the

18  sum of $2 million plus accrued interest is appropriated out of

19  such funds to be paid to Jean and Flora Noel, parents and

20  natural guardians of Minouche Noel, as relief for their

21  losses.

22         Section 3.  The Comptroller is directed to draw a

23  warrant in favor of Jean and Flora Noel in the sum of $8.5

24  million dollars plus accrued interest at the legally allowable

25  rate per annum since March 25, 1999, of which $6.5 million

26  plus applicable interest is for the benefit of Minouche Noel,

27  minor child of Jean and Flora Noel, and $2 million plus

28  applicable interest is for the benefit of Jean and Flora Noel,

29  upon funds in the State Treasury to the credit of the

30  Department of Health, and the Treasurer is directed to pay the

31  same out of such funds.

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    Florida Senate - 2001        (NP)                         SB 6
    33-17-01




  1         Section 4.  This act shall take effect upon becoming a

  2  law.

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  5                          SENATE SUMMARY

  6    Provides an appropriation, out of funds allocated to the
      Department of Health, for the relief of Minouche Noel, a
  7    minor, and of Jean and Flora Noel, her parents and
      natural guardians, for injuries caused by the negligence
  8    of the Children's Medical Services of the Department of
      Health and Rehabilitative Services, predecessor of the
  9    Department of Health.

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