HB 0265 2004
1	A bill to be entitled
2	An act for the relief of Minouche Noel, a minor, and Jean
3	and Flora Noel, parents and natural guardians of Minouche
4	Noel; providing an appropriation to compensate Minouche
5	Noel, a minor, and Jean and Flora Noel, parents and
6	natural guardians of Minouche Noel, individually, for
7	injuries and damages sustained due to the negligence of
8	Children's Medical Services of the former Department of
9	Health and Rehabilitative Services; providing for the use
10	of funds; providing for reversion of funds to the state;
11	providing an effective date.
12
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, a minor, and damages in
37	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
42	Be It Enacted by the Legislature of the State of Florida:
43
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 Jean and Flora Noel, as parents and legal guardians
50	of Minouche Noel, a minor, for the benefit of Minouche Noel, as
51	relief for injuries and damages sustained. After payment of
52	statutory fees, costs, outstanding medical liens, and other
53	immediate needs, the remaining funds shall be placed into a
54	special needs trust created for the use and benefit of Minouche
55	Noel. Any funds remaining in the special needs trust upon the
56	death of Minouche Noel, after the payment of any outstanding
57	Medicaid liens, shall revert to the General Revenue Fund of the
58	State of Florida.
59	Section 3. There is appropriated from the General Revenue
60	Fund to the Department of Health, as successor to the Department
61	of Health and Rehabilitative Services, the sum of $2,000,000 for
62	the relief of Jean and Flora Noel, individually, as relief for
63	injuries and damages sustained.
64	Section 4. The Chief Financial Officer is directed to draw
65	a warrant in favor of Jean and Flora Noel, as parents and legal
66	guardians of Minouche Noel, a minor, in the sum of $6,500,000
67	for the benefit of Minouche Noel, minor child of Jean and Flora
68	Noel, upon funds in the State Treasury to the credit of the
69	Department of Health, and the Chief Financial Officer is
70	directed to pay the same out of such funds in the State Treasury
71	not otherwise appropriated.
72	Section 5. The Chief Financial Officer is directed to draw
73	a warrant in favor of Jean and Flora Noel, individually, in the
74	sum of $2,000,000 upon funds in the State Treasury to the credit
75	of the Department of Health, and the Chief Financial Officer is
76	directed to pay the same out of such funds in the State Treasury
77	not otherwise appropriated.
78	Section 6. This act shall take effect upon becoming a law.