Senate Bill sb0004c1

    Florida Senate - 2002                              CS for SB 4

    By the Committee on Finance and Taxation; and Senator Campbell





    314-2153-02

  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 for the use

  9         of such funds; providing for a reversion to the

10         state; providing an effective date.

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12         WHEREAS, Minouche Noel was born 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 was operated on

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

17  seemed able to move her legs, and

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

19  parents repeatedly sought help from the doctors and staff at

20  the Children's Medical Services clinic because of her

21  increasing difficulty in walking, and

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

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

24  that operation, Minouche never walked again, and

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

26  operation had not been necessary and that the surgeon had

27  performed the surgery below the minimum acceptable standard of

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

29  and bladder, and

30         WHEREAS, the jury found that Children's Medical

31  Services had been negligent and that the negligence

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






    Florida Senate - 2002                              CS for SB 4
    314-2153-02




  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,

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  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 is appropriated out

13  of funds in the State Treasury to the credit of the Department

14  of Health as successor to the Department of Health and

15  Rehabilitative Services, to be paid to Jean and Flora Noel, as

16  legal guardians of Minouche Noel, a minor, as relief for her

17  losses; and the sum of $2 million is appropriated out of funds

18  in the State Treasury to the credit of the Department of

19  Health to be paid to Jean and Flora Noel, parents and natural

20  guardians of Minouche Noel, as relief for their losses.

21         Section 3.  The Comptroller is directed to draw a

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

23  million, of which $6.5 million is for the benefit of Minouche

24  Noel, minor child of Jean and Flora Noel, and $2 million is

25  for the benefit of Jean and Flora Noel, upon funds in the

26  State Treasury to the credit of the Department of Health, and

27  the Treasurer is directed to pay the same out of such funds.

28  The $6.5 million designated for the benefit of Minouche Noel

29  shall be used to pay statutory fees, costs, outstanding

30  medical liens, and other immediate needs, and the remaining

31  funds shall be placed into a special needs trust created for

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    Florida Senate - 2002                              CS for SB 4
    314-2153-02




  1  the use and benefit of Minouche Noel. Any funds remaining in

  2  the special needs trust at Minouche Noel's death after the

  3  payment of any outstanding medical liens shall revert to the

  4  General Revenue Fund of the State of Florida.

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

  6  law.

  7

  8          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  9                               SB 4

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11  The committee substitute appropriates funds from the State
    Treasury to the credit of the Department of Health to pay the
12  claims, rather than funds from General Revenue.

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