19-000167MA Johansi Zumoza Garcia, Wilmer Perez, Her Husband, Santiago Perez, Sebastian Perez, And Marcela Perez, Their Minor Children vs. Kendall Healthcare Group, Ltd, D/B/A Kendall Regional Medical Center Status: Closed DOAH Final Order on Friday, May 31, 2019.

Summary: Arbitration award established consistent with Medical Malparactice Act.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JOHANSI ZUMOZA GARCIA,

WILMER PEREZ, HER HUSBAND,

SANTIAGO PEREZ, SEBASTIAN PEREZ,

AND MARCELA PEREZ, THEIR MINOR

CHILDREN,

Claimants,

vs. Case No. 19 - 0167MA

KENDALL HEALTHCARE GROUP, LTD,

d/b/a KENDALL REGIONAL MEDICAL

CENTER,

Defendant.

_______________________________/

ARBITRATION AWARD

The final arbitration hearing in this case was held before

June C. McKinney, Chief Arbitrator; Jay Cohen, Arbitrator; and

Ilisa W. Hoffman, Arbitrator, from May 20 through 23, 2019, in

Coral Gables, Florida.

APPEARANCES

For Claimants : Daniel Harwin, Esquire

Freedland Harwin Valori, PL

110 Southeast 6th Street, Suite 2300

Fort Lauderdale, Flori da 33301 - 5055

For Defendant : Oscar J. Cabanas, Esquire

Teresita M. Baron, Esquire

Robert E. Pardela, Esquire

Wicker, Smith, O ' Hara, McCoy & Ford, P.A.

2800 Ponce De Leon Boulevard, Suite 80 0

Coral Gables, Florida 33134

At the conclusion of the arbitration hearing and

presentation of all evidence in this proceeding, the following

award was unanimously agreed to by all three arbitrators on

May 23, 2019, and announced to the p arties the same day:

1. Past Medical Expenses:

Total $197,060.00* 1 /

2. 80% of Present Value of Past Wages and Future Lost Wages

and Loss of Earning Capacity:

Total $45 0 , 000.00*

3. Present Money Value of Past and Future Loss of Household

Services:

Total $388,000.00*

4. Present Money Value of Future Medical Expenses:

Total $11,000 , 00 0.00

5. Non - economic D amages for 100% Loss of Capacity to Enjoy

Life:

a. Johansi Zumoza Garcia $250,000.00

b. Wilmer Perez $250,000.00

c. Santiago Perez $250,00 0.00

d. Sebastian Perez $250,000.00

e. Marcela Perez $250,000.00

Total Arbitration Award: $13,285,060.00

The parties have agreed to pay the arbitrators other than th e

Chief Arbitrator at the rate of $750.00 per hour. Arbitrator

Cohen and Arbitrator Hoffman shall submit invoices to Defendant

for payment of their time preparing the case, hearing the matter,

and deliberating the case , as well as reimbursement costs by

J une 7, 2019. Defendant shall also pay for the costs of the

arbitration proceedings.

The Arbitration Panel determined that the reasonable

attorney ' s fees and costs to be paid by Defendant for Claimants '

attorney ' s fees and costs shall be 15% of the presen t value of the

total award in the amount of $1,992,759.00.

Ruling has been reserved as to the provisions for a periodic

payment to the Claimants. 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 Arbitration Award by which

to notify the undersigned in writing as to a joint periodic

payment proposal or unilateral recommendation for the

undersigned ' s cons ideration.

DONE AND ORDERED this 31st day of May , 2019 , in Tallahassee,

Leon County, Florida.

S

JUNE C. MCKINNEY

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tal lahassee, 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 31st day of May , 2019 .

ENDNOTE

1/ Each monetary amount that has an asterisk beside it is a

stipulated amount by the parties.

COPIES FURNISHED:

Oscar J. Cabanas, Esquire

Teresita M. Baron, Esquire

Wicker, Smith, O ' Hara, McCoy & Ford, P.A.

2800 Ponce De Leon Boulevard , Suite 800

Coral Gables, Florida 33134

(eServed)

Robert E. Pardela, Esq uire

Wicker, Smith, O ' Hara, McCoy & Ford, P.A.

2800 Ponce De Leon Boulevard, Suite 800

Coral Gables, Florida 33134

Daniel Harwin, Esquire

Freedland Harwin Valori , PL

110 Southeast 6th Street , Suite 2300

Fort Lauderdale, Florida 33301 - 5055

(eServed)

Ili sa W. Hoffman, Esquire

Ilisa W. Hoffman, P.A.

4601 Ponce de Leon Boulevard , Suite 350

Coral Gables, Florida 33146

Jay Cohen, Esquire

Cohen Blostein & Ayala, P.A.

100 Southeast Third Avenue , Suite 1100

Fort Lauderdale, Florida 33394

(eServed)

NOTICE O F RIGHT TO JUDICIAL REVIEW

A party who is adversely 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 a re commenced by filing the original

notice of administrative 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 prescribe d by law, with the clerk

of the District Court of Appeal in the appellate district where

the agency maintains its headquarters or where a party resides or

as otherwise provided by law.