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13-001357MA Barbara J. Harvey, As Personal Representative Of The Estate Of Perry C. Harvey, Jr. vs. Florida Health Sciences Center, Inc., D/B/A Tampa General Hospital
 Status: Closed
DOAH Final Order on Friday, October 4, 2013.

View Dockets  
Summary: The arbitration panel awarded Claimant a total of $700,050.73 in economic and non-economic damages.

1AWARD

2Following the presentation of all evidence in this

10proceeding, the arbitrators met in person on Octo ber 3, 2013, to

22determine an award, which by majority vote of the arbitrators is

33stated below:

351. Funeral and probate expenses: $18,687.73

422. Present value of loss of net estate

50accumulations: $307,663.0 0

543. Loss of household services: $123,700.00

614. Past and future medical expenses:

67(by stipulation of the parties) $0.

735. Non - economic damages, awarded to

80Barbara J. Harvey for a 100% l oss of

89capacity to enjoy life: $250,000.00

95Present value of total award: $700,050.73

1026. The parties have agreed to pay the arbitrators, Steven

112A. Strickland and Philip J. Spengler, at the rate of $350.00 per

124hour. In addition to the days of arbitration hearing, the

134arbitrators have each spent 10 hours reviewing the evidence and

144deliberating to reach an award. Accordingly, no later than

153October 15, 2013, the Defendant shall pay to the arbitrators

163na m ed above $6,30 0.00 each. Defendant shall also pay for the

177costs of the arbitration proceeding, including the cost of the

187facility.

1887. The parties have stipulated that reasonable attorney's

196fees and costs to be paid by the Defendant for the ClaimantÓs

208attorneyÓs fees and costs shall be 15% of t h e present value of

222the total award.

2258. The parties have stipulated and the panel agrees that

235the Claimant having withdrawn her claim having to do with

245Medicare conditional payments and no evidence having been

253present ed as to any medical expenses of any nature whatsoever,

264that no portion of this award reflects payment or reimbursement

274or consideration of any medical expenses. The matter of

283subrogation has not been raised nor considered by this panel.

293DONE AND ORD ERED this 4th day of October , 2013 , in

304Tallahassee, Leon County, Florida.

308S

309W. DAVID WATKINS , Chief Arbitrator

314Administrative Law Judge

317Division of Administrative Hearings

321The DeSoto Building

3241230 Apalachee Parkway

327Ta llahassee, Florida 32399 - 3060

333(850) 488 - 9675

337Fax Filing (850) 921 - 6847

343www.doah.state.fl.us

344Filed with the Clerk of the

350Division of Administrative Hearings

354this 4th day of October , 2013 .

361COPIES FURNISHED :

364Edward J. Carbone, Esquire

368Carlton Fields, P.A.

3714221 West Boy Scout Boulevard, Suite 1000

378Post Office Box 3239

382Tampa, Florida 33607 - 5780

387ecarbone@carltonfields.com

388Nathaniel W. Tindall, Esquire

392The Law Office of Nathaniel W. Tindall, II

4004012 North Florida Avenue

404Tampa, Florida 33603

407adrian@ntin dall.com

409Philip Jay Spengler II, Esquire

414Ogden and Sullivan, P.A.

418113 South Armenia Avenue

422Tampa, Florida 33609

425Steven Strickland, Esquire

428Stuart & Strickland, P.A.

432203 North Armenia Avenue, Suite 102

438Tampa, Florida 33609

441NOTICE OF RIGHT TO JUDICIAL REVIEW

447A party who is adversely affected by this Final Order is

458entitled to judicial review pursuant to Section 120.68, Florida

467Statutes. Review p r oceedings are governed by the Florida Rules

478of Appellate Procedure. Such proceedings are commenced by

486fil ing the original notice of appeal with the Clerk of the

498Division of Administrative Hearings and a copy, accompanied by

507filing fees prescribed by law, with the District Court of

517Appeal, First District, or with the District Court of Appeal in

528the Appellate D istrict where the party resides. The notice of

539appeal must be filed within 30 days of rendition of the order to

552be reviewed.

Dockets
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Date
Proceedings
PDF:
Date: 10/22/2013
Proceedings: Petitioner's Response to Respondent's Motion for Reconsideration filed.
PDF:
Date: 10/22/2013
Proceedings: Notice Regarding Respondent`s Motion for Reconsideration.
PDF:
Date: 10/21/2013
Proceedings: Respondent's Motion for Reconsideration filed.
PDF:
Date: 10/04/2013
Proceedings: DOAH Final Order
PDF:
Date: 10/04/2013
Proceedings: Arbitration Award (hearing held October 2 and 3, 2013). CASE CLOSED.
Date: 10/02/2013
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/02/2013
Proceedings: Petitioner's Notice to the Tribunal filed.
PDF:
Date: 09/27/2013
Proceedings: Petitioner's Notice of Filing (Report of Dr. John C. Deiter) filed.
PDF:
Date: 09/25/2013
Proceedings: Letter to E. Carbone from N. Tindall, II requesting a settlement conference filed.
PDF:
Date: 09/25/2013
Proceedings: Order Denying Emergency Motion to Invoke the Doctrine of Estoppel and Case Management Order.
PDF:
Date: 09/24/2013
Proceedings: Respondent's Objection to Petitioner's Pre-hearing Statement filed.
PDF:
Date: 09/24/2013
Proceedings: Respondent's Response to Petitioner's "Emergency Motion for the Tribunal to Invoke the Doctrine of Estoppel Against Inconsistent Positions" filed.
PDF:
Date: 09/23/2013
Proceedings: Petitioner's Witness List filed.
PDF:
Date: 09/23/2013
Proceedings: Petitioner's Exhibit List filed.
PDF:
Date: 09/23/2013
Proceedings: Petitioner's Pre-hearing Statement filed.
PDF:
Date: 09/23/2013
Proceedings: Petitioner's Emergency Motion for the Tribunal to Invoke the Doctrine of Estoppel Against Inconsistent Positions filed.
PDF:
Date: 09/20/2013
Proceedings: Counsel for Petitioner's Request for Extension of Time to File Pre-hearing Statement filed.
PDF:
Date: 09/20/2013
Proceedings: Respondent's Pre-hearing Statement filed.
PDF:
Date: 09/18/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Response to Petitioner's Fourth Request for Production filed.
PDF:
Date: 09/18/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Response to Petitioner's Third Request for Production filed.
PDF:
Date: 09/17/2013
Proceedings: Order Denying Motion for Continuance and Requiring Witness and Exhibit Disclosure and Pre-hearing Stipulation.
PDF:
Date: 09/17/2013
Proceedings: Order Denying Motion for Clarification.
PDF:
Date: 09/16/2013
Proceedings: Notice of Withdrawal of Medicare from Lien Consideration as an Element of Damages filed.
PDF:
Date: 09/16/2013
Proceedings: Petitioner's Notice of Filing filed.
PDF:
Date: 09/16/2013
Proceedings: Petitioner's Objection to Continue Arbitration Hearing filed.
PDF:
Date: 09/16/2013
Proceedings: Petitioner's Reply to Respondent's Response to Petitioner's Motion for Clarification, or, in the Alternative, Motion to Determine if the Medicare Lien is a Collateral Source filed.
PDF:
Date: 09/16/2013
Proceedings: Petitioner's Notice of Filing filed.
PDF:
Date: 09/13/2013
Proceedings: Petitioner's Notice of Filing filed.
PDF:
Date: 09/12/2013
Proceedings: Petitioner's Reply to Respondent's Response to Petitioner's Motion for Clarification, or in the Alternative, Motion to Determine if the Medicare Lien is a Collateral Source filed.
PDF:
Date: 09/11/2013
Proceedings: Petitioner's Objection to Continue Arbitration Hearing filed.
PDF:
Date: 09/11/2013
Proceedings: Petitioner's Notice of Filing filed.
PDF:
Date: 09/11/2013
Proceedings: Notice of Withdrawal of Medicare Lien from Consideration as an Element of Damages filed.
PDF:
Date: 09/09/2013
Proceedings: Petitioner's Notice of Filing (Correspondence form Edward J. Carbone to Nathaniel W. Tindall, II, Esquire, dated September 5, 2013) filed.
PDF:
Date: 09/06/2013
Proceedings: Respondent's Response to Petitioner's Motion for Clarification, or, in the Alternative, Motion to Determine if the Medicare Lien is a Collateral Source filed.
PDF:
Date: 09/05/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's First Request for Production to Petitioner filed.
PDF:
Date: 09/05/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Notice of Serving First Set of Interrogatories to Petitioner filed.
PDF:
Date: 09/05/2013
Proceedings: Respondent's Motion to Continue Arbitration Hearing filed.
PDF:
Date: 09/03/2013
Proceedings: Petitioner's Motion for Clarification, or, in the Alternative Motion to Determine if the Medicare Lien is a Collateral Source filed.
Date: 08/27/2013
Proceedings: Petitioner's Reply to the Response of Respondent, and, in the Alternative, Amended Motion to have Medicare Private Clause of Action Determined in this Proceeding (Medical Records filed (not available for viewing).
PDF:
Date: 08/26/2013
Proceedings: Order Denying Motion to Have Medicare Private Cause of Action Determined in this Proceeding.
Date: 08/19/2013
Proceedings: Letter to Edward J. Carbone from Nathaniel W. Tindall, II, regarding taking the deposition of a corporate representative of Florida Health Sciences Center, Inc., d/b/a Tampa General Hospital (not available for viewing).
PDF:
Date: 08/19/2013
Proceedings: Petitioner's Fourth Request for Production filed.
PDF:
Date: 08/19/2013
Proceedings: Respondent's Motion for Leave to Respond to New Arguments Raised in Petitioner's Reply/Amended Motion filed.
Date: 08/15/2013
Proceedings: Exhibits in Support of Petitioner's Reply to the Response of Respondent, and, in the Alternative, Amended Motion to have Medicare Private Cause of Action Determined in this Proceeding (exhibits not available for viewing).
PDF:
Date: 08/15/2013
Proceedings: Petitioner's Reply to the Response of Respondent, and, in the Alternative, Amended Motion to Have Medicare Private Cause of Action Determined in this Proceeding filed (without exhibits).
PDF:
Date: 08/12/2013
Proceedings: Notice of Designation of E-mail Address Pursuant to Rule 2.516(b)(1) of the Florida Rules of Judicial Administration (with e-mail attachments) filed.
PDF:
Date: 08/12/2013
Proceedings: Petitioner's Third Request for Production (with service list attached) filed.
PDF:
Date: 08/12/2013
Proceedings: Petitioner's Notice of Reliance filed.
PDF:
Date: 08/12/2013
Proceedings: Petitioner's Third Request for Production filed.
PDF:
Date: 08/12/2013
Proceedings: Notice of Designation of E-mail Address Pursuant to Rule 2.516(b)(1) of the Florida Rules of Judicial Administration filed.
PDF:
Date: 08/09/2013
Proceedings: Respondent's Memorandum in Opposition to Petitioner's Motion to Have Medicare Private Cause of Action Determined in this Proceeding filed.
PDF:
Date: 08/09/2013
Proceedings: Certificate of Chief Arbitrator.
PDF:
Date: 08/09/2013
Proceedings: Order Appointing Successor Chief Arbitrator.
PDF:
Date: 08/06/2013
Proceedings: Order Requiring Response.
PDF:
Date: 07/23/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Notice of Serving Response to Petitioner's Second Request for Production filed.
PDF:
Date: 07/23/2013
Proceedings: Respondent Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Notice of Serving Verified Answers and Objections to Plaintiff's Expert Interrogatories filed.
PDF:
Date: 07/22/2013
Proceedings: Petitioner's Motion to Have Medicare Private Case of Action Determined in this Proceeding filed.
PDF:
Date: 07/22/2013
Proceedings: Petitioner's Motion to Have Medicate Private Cause of Action Determined in this Proceeding filed.
PDF:
Date: 07/22/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc.'s d/b/a Tampa General Hospital's Notice of Serving Responses and Objections to Petitioner's Expert Request for Production filed.
PDF:
Date: 07/22/2013
Proceedings: Respondent, Florida Health Sciences Center, Inc.'s d/b/a Tampa General Hospital's Notice of Serving Unverified Answers and Objections to Petitioner's Expert Interrogatories to Florida Health Science Center, Inc. d/b/a Tampa General Hospital filed.
PDF:
Date: 07/17/2013
Proceedings: Petitioner's Second Request for Production filed.
PDF:
Date: 06/21/2013
Proceedings: Petitioner's Expert Request for Production filed.
PDF:
Date: 06/21/2013
Proceedings: Plaintiff's Expert Request for Production filed.
PDF:
Date: 06/21/2013
Proceedings: Plaintiff's Notice of Serving Expert Interrogatories to Defendant Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital filed.
PDF:
Date: 06/03/2013
Proceedings: Letter to Counsel from N. Tindall regarding arbitration filed.
PDF:
Date: 05/31/2013
Proceedings: Notice of Arbitration Hearing (hearing set for October 2 and 3, 2013; 10:00 a.m.; Tampa, FL).
PDF:
Date: 05/30/2013
Proceedings: Letter to Judge Nelson from N. Tindall, II regarding arbitration hearing filed.
PDF:
Date: 05/29/2013
Proceedings: Petitioner's Notice to the Division of Administrative Hearing filed.
PDF:
Date: 05/29/2013
Proceedings: Petitioner's Motion to Respond out of Time filed.
PDF:
Date: 05/06/2013
Proceedings: Order Concerning Assessment Arbitration.
PDF:
Date: 05/06/2013
Proceedings: Order Confirming Arbitrators.
PDF:
Date: 05/02/2013
Proceedings: Defendant Florida Health Sciences Center, Inc. d/b/a Tampa General Hospital's Designation of Arbitrator filed.
PDF:
Date: 04/29/2013
Proceedings: Petitioner's Notice of Selection of Arbitrator filed.
PDF:
Date: 04/22/2013
Proceedings: Notice of Appearance (filed by Nathaniel Tindall,II).
PDF:
Date: 04/19/2013
Proceedings: Notice Regarding Applicable Rules and Service of Pleadings.
PDF:
Date: 04/19/2013
Proceedings: Certificate of Chief Arbitrator.
PDF:
Date: 04/19/2013
Proceedings: Order Appointing Chief Arbitrator.
PDF:
Date: 04/15/2013
Proceedings: Request for Medical Malpractice Binding Arbitration Determining Damages Pursuant to Florida Statute 766.201-212 filed.

Case Information

Judge:
W. DAVID WATKINS
Date Filed:
04/15/2013
Date Assignment:
08/09/2013
Last Docket Entry:
10/22/2013
Location:
Tampa, Florida
District:
Middle
Agency:
Medical Arbitration
Suffix:
MA
 

Counsels

Related Florida Statute(s) (1):