02-004743MA Nicodemo Macri And Joni M. Macri, As Personal Representatives Of The Estate Of Jena Macri, Deceased vs. Tallahassee Memorial Healthcare, Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Monday, November 1, 2004.

Summary: Award of $1,188,022.00 to infant`s estate for loss of earning capacity, $32,304.61 to parents for loss of services expenses associated with birth and death, and $165,968.64 for attorney`s fees and costs.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

NICODEMO MACRI and JONI M. MACRI, )

as Personal Representatives of the )

Estate of JENA MACRI, deceased, )

)

Claimants, )

)

vs. ) Case No. 02 - 4743MA

)

TALLAHASSEE MEMORIAL )

HEALTHCARE, INC., )

)

Defendant. )

___________________________________)

ARBITRATION AWARD

The final arbitration hearing in this case was held before

William J. Kendrick, Chief Arbitrator; Paul D. Jess, Arbitrator;

and Bret Q. Lucas, Arbitrator, on June 23, 2003, in Tallahassee,

F lorida.

APPEARANCES

For Claimants: Donald M. Hinkle, Esquire

Hinkle & Foran

1545 Raymond Diehl Road, Suite 150

Tallahassee, Florida 32308

For Defendant: Michael J. Thomas, Esquire

Pennington, Moore, Wilkerson, Bell

& Dunbar, P.A.

Post Office Box 10095

Tallahassee, Florida 32302 - 2095

AWARD

At the conclusion of the arbitration hearing, the follow ing

award was agreed to by all arbitrators:

1. Claimants Nicodemo Macri and Joni Macri, jointly, are

awarded economic damages of $18,944.61 for medical expenses

($12,397.65), funeral expenses ($5,515.00), and costs of probate

($1,031.96) associated with t he birth and death of their child,

Jena Macri. Section 766.207(7)(a), Florida Statutes.

2. The claim of Nicodemo Macri for loss of earnings is

denied.

3. Claimants Nicodemo Macri and Joni Macri, jointly, are

awarded economic damages of $13,360.00, which represents the

present value for loss of services of their child, Jena Macri.

Section 766.207(7)(a), Florida Statutes. Provided appropriate

security is posted, such sum is to be paid in six equal

installments, over a six - year period, with the first inst allment

due within 20 days from the date of this award and an equal sum

each year thereafter. Absent appropriate security, such award

shall be paid in lump sum. Sections 766.202(8), 766.207(7)(c),

and 766.211, Florida Statutes.

4. Claimant Nicodemo Macr i is awarded noneconomic damages of

$125,000.00 and Claimant Joni Macri is awarded noneconomic damages

of $125,000.00. Section 766.207(7)(b), Florida Statutes.

5. Claimants Nicodemo Macri and Joni Macri, as Personal

Representatives of the Estate of Jena Macri, deceased, are awarded

economic damages of $1,188,022.00, which represents 80 percent of

the present value of lost earning capacity for Jena Macri,

deceased. Section 766.207(7)(a), Florida Statutes. Provided

appropriate security is posted, such sum is to be paid in six

equal installments, over a six - year period, with the first

installment due within 20 days from the date of this award and an

equal sum each year thereafter. Absent appropriate security, such

award shall be paid in lump sump. Section s 766.202(8),

766.207(7)(c), and 766.211, Florida Statutes.

6. Defendant shall pay Claimants' the sum of $165,968.64, 1

which represents the Claimants' reasonable attorney's fees

($150,000.00) and costs ($15,968.64). 2 Section 766.207(7)(f),

Florida Statut es.

In addition to the foregoing, the Defendant shall pay each

arbitrator, other than the administrative law judge, a fee of

$1,600.00, ($200.00 an hour, for 8 hours), and the cost of the

court reporter. 3 Section 766.207(7)(g), Florida Statutes.

DONE AND ENTERED this 1st day of July, 2003, in Tallahassee,

Leon County, Florida.

S

WILLIAM J. KENDRICK, Chief Arbitrator

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Bu ilding

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675 SUNCOM 278 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of Jul y, 2003.

ENDNOTES

1/ The parties stipulated to the amount awarded as attorney's

fees and costs, and that stipulation was approved by the

arbitrators during a telephone conference on July 1, 2003.

2/ Given the parties' stipulation regarding attorney 's fees and

costs, the Claimants' award totals $1,636,295.25 (economic

damages, $1,220,326.61; noneconomic damages, $250,000.00; and

attorney's fees and costs, $165,968.64).

3/ The parties stipulated to the rate of compensation for the

arbitrators.

COP IES FURNISHED:

Donald M. Hinkle, Esquire

Hinkle & Foran

1545 Raymond Diehl Road, Suite 150

Tallahassee, Florida 32308

Michael J. Thomas, Esquire

Pennington, Moore, Wilkerson, Bell

& Dunbar, P.A.

Post Office Box 10095

Tallahassee, Florida 32302 - 2095

P aul D. Jess, Esquire

218 North Monroe Street

Tallahassee, Florida 32301

Bret Q. Lucas, Esquire

Saalfield, Coulson, Shad & Jay, P.A.

100 First Union Tower

225 Water Street

Jacksonville, Florida 32202

RIGHT TO JUDICIAL REVIEW

A ny party who is adversely affected by this arbitration award is

entitled to judicial review pursuant to S ections 120.68 and

766.212, F lorida S tatutes. R eview proceedings are governed by the

F lorida R ules of A ppellate P rocedure. S uch proceedings are

commenced by filing the origin al of a notice of appeal with the

C lerk of the D ivision of A dministrative H earings and a second

copy, accompanied by filing fees prescribed by law, with the

D istrict C ourt of A ppeal for the district in which the arbitration

took place. T he notice of appea l must be filed within 30 days of

rendition of the arbitration award to be reviewed.