15-004434MA Michael Weinstein, By And Through His Guardian/Mother Suzanne Weinstein vs. St. Mary's Medical Center Status: Closed DOAH Final Order on Monday, August 15, 2016.

Summary: Claimant awarded damages for past and future losses in this medical malpractice arbitration.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MICHAEL WEINSTEIN, BY AND

THROUGH HIS GUARDIAN/MOTHER

SUZANNE WEINSTEIN,

Claimant,

vs. Case No. 15 - 4434MA

ST. MARY'S MEDICAL CENTER,

Defendant.

_______________________________/

FINAL ARBITRATION AWARD

The final arbitration hearing in this case was held before

W. David Watkins, Chief Arbitrator; Christopher M. Larmoyeux,

Arbitrator; and Rolando Diaz, Arbitrator, on August 9 and 10,

2016, in West Palm Beach, Florida.

APPEARANCE S

For Claimant : Forrest Gregory Barnhart, Esquire

Searcy, Denney, Scarola, Barnhart

a nd Shipley, P.A.

2139 Palm Beach Lakes Boulevard

West Palm Beach, Florida 33409

For Defendant : Jonat han C. Abel, Esquire

Conroy, Simberg, Ganon, Krevans ,

Abel, Lurvey, Morrow and Schaffer, P.A.

2nd Floor

3440 Hollywood Boulevard

Hollywood, Florida 33021

AWARD

Following th e presentation of all evidence in this

proceeding, the arbitrators met in person on August 10, 2016, to

determine an award, which by unanimous vote of the arbitrators

is stated below:

PAST LOSSES

NON - E CONOMIC LOSSES PAST AND FUTURE : $ 250 , 0 00.00

80 % OF EARNINGS LOSS : $ 3 2,000.00

ESSENTIAL/HOME SERVI CES : $ 0 .00

PAST MEDICAL EXPENSES : $ 37,252 . 37

TOTAL PAST LOSS : $ 319,252 . 37

FUTURE LOSSES

80% OF EARNINGS LOSS : $ 880,000 .00

PHYSICIANS : $ 15,046 . 4 0

THERAPY : $ 6 , 617 . 6 0

MEDICATION : $ 0.00

FUTURE SURGERIES AND HOSPITALIZATIONS: $ 0.00

DURABLE MEDICAL EQUIPMENT: $ 2,900.00

TRANSPORTATION, RESP ITE CARE, AND

HOUSEKEEPING SERVICES: $ 451,360.00

CUSTOMIZED COMPUTER: $ 17,700.00

THERAPY DOG : $ 25,300.00

HOME MODIFICATIONS: $ 665 . 44

LONG - TERM CARE FACILITY/GROUP HOME: $ 200,000.00

TOTAL FUTURE LOSSES: $1,599,58 9.44

TOTAL VALUE OF LOSSES : $1,918,841.81

ADDITIONAL DAMAGES UNDER F.S. § 776.207

ATTORNEYS FEES AND COSTS (15%): $ 287,826.27

TOTAL ARBITRATION AWARD : $ 2,206,668.08

COSTS OF THE ARBITRATION: $ 30,000.00

The parties have a greed to p ay the arbitrators,

Christopher M. Larmoyeux and Rolando Diaz, the sum of $15,000.00

each for their service on the Arbitration Panel. Accordingly,

no later than 30 days from the date of this Award, the Defendant

shall pay to the arbitrators name d above $15,000.00 each.

Defendants shall also pay for the costs of the arbitration

proceeding.

As noted in the Award above, the parties have agreed that

reasonable attorneyÓs fees and costs to be paid by the Defendant

for the ClaimantÓs attorneyÓs fees and costs shall be 15 percent

of the present value of the total award ($287,826.27).

DONE AND ORDERED this 15th day of August , 2016 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

Administrative Law Judge

Div ision of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 15th day of Aug ust , 2016 .

COPIES FURNISHED:

Jonathan C. Abel, Esquire

Conroy, Simberg, Ganon, Krevans

Abel, Lurvey, Morrow and Schaffer, P.A.

2nd Floor

3440 Hollywood Boulevard

Hollywood, Florida 33021

(eServed)

Forrest Gregory Barnhart, Esquire

Searcy, Denney, Scarola, Barnhart

and Shipley, P.A.

2139 Palm Beach Lakes Boulevard

West Palm Beach, Florida 33409

(eServed)

Christopher M. Larmoyeux, Esquire

Larmoyeux and Bone, P.L.

Suite 200

550 South Quadrille Boulevard

West Palm Beach, Florida 33401

(eServed)

Rolando A. Diaz, Esquire

Diaz Law Group

Suite 313

1430 South Dixie Highway

Coral Gables, Florida 33146

(eServed)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversely affected by this Final Order is

entitled to judicial review pursuant to sectio n 120.68, Florida

Statutes. Review proceedings are governed by the Florida Rules

of Appellate Procedure. Such proceedings are commenced by

filing the original notice of administrative appeal with the

agency clerk of the Division of Administrative Hearing s within

30 days of rendition of the order to be reviewed, and a copy of

the notice, accompanied by any filing fees prescribed by law,

with the clerk of the District Court of Appeal in the appellate

district where the agency maintains its headquarters or w here a

party resides or as otherwise provided by law.