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Florida Legislature 2005 (click for ongoing coverage)

THE LATEST Man gets $2M for 22 years he lost Mystery: Who left money faucet on? Many hurricane relief measures get blown away Dramatic proposal, cautious response Legislature doesn't act on minimum wage deal For open-government cause: 'a mixed bag'

Disabled teen wins sympathy

One House committee approves the disabled girl's claim for the millions a jury awarded for malpractice, but she has a long way to go.

By TAMARA LUSH
Published April 14, 2005

	[Times photo: Willie J. Allen jr.]
	Minouche Noel and her father, Jean Noel, listen to their lawyer Sheldon Schlesinger in the rotunda between the Senate and House chambers in Tallahassee on Wednesday. Later, Noel and her father went before the House Claims Committee seeking the $8.5-million she was awarded by a jury.

TALLAHASSEE - Minouche Noel made some progress Wednesday in her fight for justice.

A House Claims Committee voted unanimously to pay the Fort Lauderdale teen $8.5-million to compensate her for what a jury concluded was medical malpractice at a state-run health clinic when she was an infant.

The surgery left Minouche, 17, paralyzed from the waist down. A Broward County jury in 1999 awarded her $8.5-million, but state law caps such claims at $200,000 without the Legislature's consent.

Minouche and her family have tried for five years to persuade the Legislature to pay the judgment.

Though she moved some legislators to tears, her claim faces an uphill battle. With three weeks before the Legislature is set to adjourn, it must get past two more House committees and the full House. The Senate has not discussed any claims bills.

"I don't know what to believe," Minouche said. "Some of the legislators look sincere."

It was Minouche's first visit to the Capitol. She and her father, along with their lawyer, flew to Tallahassee early Wednesday. Later, her father pushed her in her 6-year-old wheelchair to the fourth floor rotunda, where lobbyists and legislators cut deals and talk on cell phones between the House and Senate chambers.

Her lawyer, Sheldon Schlesinger, put up a sign that said "Justice for Minouche Noel." She sat nearby with her arms folded and a tiny smile on her face. She extended her hand gracefully to lawmakers who stopped to talk.

"Hi," she said shyly to each one.

When she arrived in the committee hearing room, legislators told her to keep the faith.

"You are a brave, brave person," said Rep. John Quinones, R-Kissimmee. "I can see in your eyes that you will make a difference one day."

The committee members watched a home video showing her crawling to the bathroom because her wheelchair doesn't fit through the doorway.

Rep. Charles Dean, R-Inverness, blinked back tears as he watched. "The time has come to pay for the damage that has been done to this child," he said.

Some lawmakers worry that such a large claim could set a troubling precedent of ignoring the state's sovereign immunity laws.

"The issue is a heart-tugging case, and all the claims cases are," said House Speaker Alan Bense, R-Panama City. "I have not found one that just doesn't tug at you. I would love to see all claims bills (pass) but if we simply ignore sovereign immunity, then we're basically going to have our taxpayers subsidizing lawyers and the legal system. I think we need to observe sovereign immunity."

By law, lawyers and lobbyists cannot collect more than 25 percent of any claims bill.

Minouche's family said they still have hope.

"In Jesus' name, everything will be all right," said her father, Jean. "Nothing is impossible."

With that he gently arranged Minouche's legs onto the wheelchair's foot rest and pushed her out of the Capitol.

--Times staff writer Steve Bousquet contributed to this report. Tamara Lush can be reached at 727-893-8612 or at lush@sptimes.com

[Last modified April 15, 2005, 19:26:27]