News

THE HERALD, March 26, 1999

"Girl wins $8.5 million in medical suit"

by Karen Rafinski

An 11 year-old Fort Lauderdale girl crippled by what her attorneys say was medical negligence won an $8.5 million verdict Thursday against Children's Medical Services, the arm of the state Health Department that treats Florida's most frail uninsured children.

"I'm happy because I won it, but I really want my daughter to be on her two feet, " said Flora Noel, mother of Minouche, who must use a wheelchair. "I know God put us in this world and no matter what kind of people you are, poor or whatever, you go to the doctor and they are suppose to help. But I didn't get the help I deserve."

The problem began shortly after Minouche was born, when doctors noticed a bump on her back, a symptom of spinal bifida. It produced no symptoms and could have been left alone, said her attorney Scott Schlesinger. But her doctor, Richard McKenzie of CMS, decided to operate in July 1988, when Minouche was about five months old.

McKenzie has been sued by at least one other man, who won an $8.9 million verdict because McKenzie allegedly botched surgery on a broken neck, paralyzing him. McKenzie has since left the state and could not be reached for comment.

Schlesinger said that McKenzie didn't remove a cyst from Minouche's back and introduced a staph infection that slowly began to fester. In January 1989, Minouche began to lose function in her legs because the infected area was compressing her spinal cord. Doctors for CMA put her in the hospital but failed to pick up the problem; instead they diagnosed hip problem she would outgrow.

She didn't.

Flora Noel kept bringing the baby back to see them. But sometimes she would be made to wait a month for an appointment. They did not pick up on the problem until May. By then, the little girl had lost all use of her legs and there was nothing they could do to help.

The verdict was against CMS because McKenzie was in their employ and they were responsible for his conduct, Schlesinger said. Broward General Medical Center in Fort Lauderdale was also named in the suit because that is where the surgery took place, but the jury did not assess damages against the center.

The attorney for CMS, Ted Decker, declined to comment.

Sheldon J. Schlesinger, P.A. represents clients throughout the state of Florida including the cities of Boca Raton, Boynton Beach, Carol City, Cooper City, Coral Gables, Coral Springs, Davie, Deerfield Beach, Delray Beach, Fort Lauderdale, Hialeah, Hollywood, Jupiter, Lake Worth, Miramar, Miami, Oakland Park, Palm Beach, Palm Beach Gardens, Palm Springs, Pompano Beach, and Rivera Beach

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