| 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. |