Noel v. North Broward Hospital District

Summary

Proceeding to determine whether plaintiff attorneys were entitled to recover a 25% contractual contingency fee (worth approximately $500,000) plus $42,000 in costs from a portion of a recovery on behalf of a successful medical malpractice plaintiff.

Medical malpractice by a state-run clinic (misdiagnosis of a cyst that complicated congenital spina bifida and negligent surgery) left Minouche Noel a paraplegic. A jury awarded $8.5M, but legislative action was required to satisfy the award.

The legislation (claims bill) eventually enacted limited attorney fees and lobbying fees. The plaintiff attorneys, who had represented the plaintiff for 19 years, attempted to assert a charging lien against a portion of the funds appropriated by the legislature.