06-003916MA Mercedes Afonso, As Surviving Spouse And Personal Representative Of The Estate Of Alexis Afonso, Deceased vs. Lifemark Hospitals Of Florida, Inc., D/B/A Palmetto General Hospital Status: Closed DOAH Final Order on Wednesday, July 1, 2009.

Summary: Amended arbitration award to reflect opinion of Third District that wrongful death damages prevail over itemized damages in medical malpractice arbitration statute where wrongful death results from the medical incident.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MERCEDES AFONSO, AS SURVIVING )

SPOUSE AND PERSONAL )

REPRESENTATIVE OF THE ESTATE OF )

ALEXIS AFONSO, DECEASED, )

)

Claimant, )

)

vs. ) Case No. 06-3916MA

)

LIFEMARK HOSPITALS OF FLORIDA, INC., d/b/a PALMETTO GENERAL )

HOSPITAL, )

)

)

Defendant. )

)

AMENDED ARBITRATION AWARD

On June 1, 2007, an Arbitration Award was entered in this

cause following the arbitration hearing conducted on May 30,

2007. On August 22, 2007, a Supplemental Arbitration Award was

entered as to the amount of attorney's fees and costs to be paid

to the Claimant's attorney, in accordance with an agreement

reached by the parties.

On March 11, 2009, the Third District Court of Appeal

issued its opinion setting aside a portion of the Arbitration

Award. Pursuant to that Opinion and the Mandate issued

March 27, 2009, the arbitration hearing in this cause was re-

convened on June 30, 2009, before Linda M. Rigot, Chief

Arbitrator; Richard P. Cole, Arbitrator; and Gary D. Fox,

Arbitrator, in Miami, Florida.

APPEARANCES

For Claimant: Charles H. Baumberger, Esquire

Lincoln J. Connolly, Esquire

Rossman, Baumberger & Reboso, P.A.

44 West Flagler Street, Suite 2300

Miami, Florida 33130-1808

For Defendant: Norman M. Waas, Esquire

Glenn P. Falk, Esquire

Falk, Waas, Hernandez, Cortina,

Solomon & Bonner, P.A.

Two Alhambra Plaza Suite 750

Coral Gables, Florida 33134

The August 22, 2007, Supplemental Arbitration Award and the

June 1, 2007, Arbitration Award are adopted and ratified in

their entirety except that the award for loss of earning

capacity is deleted and loss of support and loss of net

accumulations are now included in the award. At the conclusion

of the re-convened arbitration hearing, the amended award was

announced on the record as follows:

Non-economic damages $ 250,000

Loss of services

Past 15,762

Future 132,358

Loss of support 394,766

Loss of net accumulations 109,607

Total award $ 902,493

Since the Defendant has previously paid the amount of

$799,258 to the Claimant pursuant to the June 1, 2007,

Arbitration Award although this cause was on appeal, the balance

remaining to be paid to the Claimant pursuant to this Amended

Arbitration Award is $103,235.

Defendant has agreed to pay the amount of $5,000 each to

Arbitrators Cole and Fox as their arbitrator's fee for the re-

convened hearing.

By agreement of the parties, Defendant shall also pay the

amount of $5,000 toward Dr. Raffa's fee for his testimony at the

re-convened hearing.

DONE AND ORDERED this 1st day of July, 2009, in

Tallahassee, Leon County, Florida.

S

LINDA M. RIGOT, Chief Arbitrator

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

[phone] SUNCOM 278-9675

Fax Filing [phone]

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of July, 2009.

COPIES FURNISHED :

Norman M. Waas, Esquire

Falk, Waas, Hernandez, Cortina,

Solomon & Bonner, P.A.

Two Alhambra Plaza Suite 750

Coral Gables, Florida 33134

Charles H. Baumberger, Esquire

Rossman, Baumberger & Reboso, P.A.

44 West Flagler Street, Suite 2300

Miami, Florida 33130-1808

Gary D. Fox, Esquire

Stewart, Tilghman, Fox & Bianchi, P.A.

One Southeast Third Avenue, Suite 3000

Miami, Florida 33131-1764

Richard P. Cole, Esquire

Cole, Scott & Kissane, P.A.

9150 South Dadeland Boulevard

14th Floor - Dadeland Centre II

Miami, Florida 33156