15-005089MA Kesha Capers, As Personal Representative Of The Estate Of Louis Watson, Deceased, And On Behalf Of The Surviving Minor Children, Zuri Watson And Kataya Watson vs. Lifemark Hospitals Of Florida, Inc., A Florida Corporation, D/B/A Palmetto General Hospital And Tenet Healthcare Corporation Status: Closed DOAH Final Order on Monday, April 25, 2016.

Summary: Arbitration award established consistent with Medical Malpractice Act.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

KESHA CAPERS, as Personal

Representative of the Estate of

LOUIS WATSON, deceased, and on

behalf of the surviving minor

children, ZURI WATSON and KATAYA

WATSON,

Claimant,

vs. Case No. 15 - 5089MA

LIFEMARK HOSPITALS OF FLORIDA, *AMENDED AS TO CO UNSEL

INC., A FLORIDA CORPORATION, FOR PARTIES AND

d/b/a PALMETTO GENERAL HOSPITAL PARAGRA P H 5 ONLY

AND TENET HEALTHCARE

CORPORATION,

Defendants.

_______________________________/

* AMENDED ARBITRATION AWARD

The final arbitration hearing in this case was held before

June C. McKinney, Chief Arbitrator; Tricia Hoffler , Arbitrator ;

and Anne Bloom , Arbitrator, on April 4 and 5, 201 6 , with the

hearingÓs conclusion on April 14, 2016, in Miami , Flo rida.

For Claimant: Mark Samuel Weinstein, Esquire

Weinstein & Cohen, P.A.

14125 Northwest 80th Ave nue, Suite 400

Miami Lakes, Florida 33016

For Defendant s : Carmen Yolanda Cartay a, Esquire

McIntosh, Sawran, & Cartaya

1776 East Sunrise Boulevard

Fort Lauderdale, Florida 33314

At the conclusion of the arbitration hearing and

presentation of all evidence , the following award was un animously

stipulated to by all three arbitrators on April 14, 2016, and

announced to the parties the same day:

1. Past Economic Damages :

a. Zuri Watson Past Support and Services $ 67 , 903 . 75

Past Social Security Set - off $(17,6 50.00)

Total $50,253.75

b. Kataya Watson Past Support and Services $ 67,903.75

Past Social Security Set - off $(17,650)

Total $50,253.75

2. Future Economic Damages Reduce d to Present Money Value :

a. Zuri Watson Support and Services $ 458,227.00

b. Kataya Watson Support and Services $ 333,688.75

3. Estate Funeral Expenses Claim : $3,082 .00

4 . Non - economic damages for 100% Loss of Capacity to En joy

Life :

a. Zuri Watson $250,000.00

b. Kataya Watson $250,000.00

Total Arbitration Award : $ 1 ,395,505.25

The parties have agreed to pay Arbitrator Hoffler and

Arbitrator Bloom at the rate of $ 550 .00 per hour. Accordingly, no

later than May 9, 2016 , Defendant s Lifemark Hospitals o f Florida,

Inc. , shall pay each arbitrator other than the Chief Arbitrator

fees for their time preparing the case, hearing the matter, and

deliberating the ca se as well as reimbursement cost s .

Defendant s shall also pay Claimant reasonable attorneyÓs

fees , 15 percent of the total award, in the sum of $209,325.79.

At the conclusion of the arbitration hearing, the parties had

not finalized costs. On April 19, 2016, Plaintiff's Notice of

Filing Agreed Costs was filed. Defendants have agreed to pay

costs in the amount of $30,704.81 for the arbitration p roceedings

in addition to the total award above.

Ruling has been reserved as to the provisions for a periodi c

payment to the Claimant. The parties shall confer and attempt to

come to an agreement regarding periodic payments pursuant to

section 766.207(7)(c), Florida Statutes. The parties shall have

ten days from the date of this written Amended Arbitration Awa rd

by which to notify the undersigned in writing as to a joint

periodic payment proposal or unilateral recommendation for the

undersignedÓs consideration.

DONE AND ORDERED this 25 th day of April , 201 6 , in

Tallahassee, Leon County, Florida.

S

JUNE C. MCKINNEY

Administrative Law Judge

Division 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 25 th day of April , 2015 .

COPIES FURNISHED:

Carmen Yolanda Cartaya, Esquire

McIntosh, Sawran, & Cartaya

1776 East Sunrise Boulevard

Fort Lauderdale, Florida 33314

(eServed)

Mark Samuel Weinstein, Es quire

Weinstein & Cohen, P.A.

14125 Northwest 80th Avenue, Suite 400

Miami Lakes, Florida 33016

(eServed)

Anne Bloom, Esquire

ARB Mediation Services, Inc.

151 North Nob Hill Road , Suite 208

Fort Lauderdale, Florida 33324

Tricia Hoffler, Esquire

Edm ond Lindsay & Hoffler, LLP

344 Woodward Avenue

Atlanta, Georgia 30312

Judson Cohen, Partner

Weinstein & Cohen, P.A.

14125 Northwest 80th Avenue , Suite 400

Miami Lakes, Florida 33016

(eServed)

NOTICE OF RIGHT TO JUDICIAL REVIEW

A party who is adversel y affected by this Final Order is entitled

to judicial review pursuant to section 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 admin istrative appeal with the agency clerk of the

Division of Administrative Hearings 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 A ppeal in the appellate district where

the agency maintains its headquarters or where a party resides or

as otherwise provided by law.