19-000654MA David Marino As The Personal Representative For The Estate Of Dorothe Marino And Survivors, David Marino, Tiffany Smith And Amber Marino vs. Hca Health Service Of Florida, Inc., D/B/A St. Lucie Medical Center Status: Closed DOAH Final Order on Wednesday, August 7, 2019.

Summary: The arbitration panel awarded Claimants both economic and non-economic damages, pursuant to section 766.207, Florida Statutes.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAVID MARINO AS THE PERSONAL

REPRESENTATIVE FOR THE ESTATE OF

DOROTHE MARINO AND SURVIVORS,

DAVID MARINO, TIFFANY SMITH AND

AMBER MARINO,

Claimants,

vs. Case No. 19 - 0654MA

HCA HEALTH SERVICE OF FLORIDA,

INC., d/ b/a ST. LUCIE MEDICAL

CENTER,

Defendant.

_______________________________/

FINAL ARBITRATION AWARD

The final arbitration hearing in this case was held before

W. David Watkins, Chief Arbitrator; Maria P. Sperando ,

Arbitr ator; and Scott H. Michaud , Arbitrator, from July 30

through August 2, 2019 , in West Palm Beach , Florida.

APPEARANCES

For Claimant s : Paul M. Silva, Esquire

Peter J. Somera, Jr., Esquire

Somera & Silva, LLP

Suite 232W

2255 Glades Road

Boca Raton, Florida 33431

For Defendant: Adam W. Rhys , Esquire

Amanda V. Ritucci, Esquire

Wicker, Smith, OÓHara, McCoy

and Ford, P.A.

Suite 1600

5 15 North Flagler Drive

West Palm Beach , Florida 33401

AWARD

The following award was unanimously agreed to by the

arbitration panel pursuant to section 776.207, Florida Statutes

( Ð * Ñ indicates Ðstipulated Ñ amounts ) :

1. Past Economic Damages

a. P ast Medical Bills $0.00 *

b. Past Loss of Net Accumulations

o f the Estate of Dorothe Marino $18.637.00 *

c. Past loss of household servi c es $22,412.00 *

d. TIFFANY SMITH

Pa st loss of support and services

provi d ed by Doroth e Marino to

Tif fany Smith $199,097.00

2. Future Economic Damages

e. Present Value of Future Loss of Net

Accumulations of the Estate of

Dorothe Marino $195, 531.00 *

f. Present Value of Future loss of

h ousehold services $744,303.00 *

g. TIFFANY SMITH

Prese nt Value of Future loss of

support and services provided by

Dorothe Ma rino to Tiffany Smith $3,900,000.00

3. Non - economic Damages

DAVID MARIN O $ 250,000.00 *

AMBER MARIN O $ 250,000.00 *

TIFFANY SMITH $250,000.00 *

4. Funeral Expens es $2,770.00 *

5. Section 766.207(e) : interest on all acc rued damages with

respect to which interest would be awarded at trial (6 .77% per

annum)

Daily rate = .000185479 x 606 x past loss of support

and contributions in kind provided by Doroth e Marino

to Tiffany Smith plus past loss of net accumulations

of the Estate of Dorothe Marino plus past loss of

household services $571,275.00

6. Present value of economic and

non - economic damages $6,404,025.00

7. Fees and c osts 15% al l Damages $960,604.00

TOTAL PRESENT VALUE ARBITRATION AWARD : $7,364,629.00

8. POST - ARBITRATION AWARD FEES TO BE PAID BY DEFENDANT:

Section 766.207(7)(g):

Defendant shall pay all the costs of the

arbitration proceeding and shall pay all fees

for all the Arbitrators other than the

Administrative Law Judge. Defendant has

agreed to pay the arbitrators, M aria P.

Sperando and Scott H. Michaud, at the rate of

$750.00 per hour. Arbitrator Sperando and

Arbitrator Michaud shall submit invoices to

Defend ant for payment of their time preparing

the case, hearing the matter, and

deliberating the case, as well as

reimbursement costs by August 16 , 2019.

Defendant shall also pay for the costs of the

arbitration proceeding, including the cost of

the facility .

DONE AND ORDERED this 7th day of August , 2019 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

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 7th day of August , 2019 .

COPIES FURNISHED:

Adam W. Rhys, Esquire

Amanda V. Ritucci, Esquire

Wicker, Smith, O'Hara,

McCoy & Ford, P.A.

Suite 1600

515 North Flagler Drive

West Palm Beach, Florida 33401

(eServed)

Paul M. Silva, Esquire

Somera & Silva, LLP

Suite 232W

2255 Glades Road

Boca Raton, Florida 33431

(eServed)

Peter J. Somera, Jr., Esquire

Som era and Silva, LLP

Suite 232W

2255 Glades Road

Boca Raton, Florida 33431

Scott H. Michaud, Esquire

Michaud, Mittelmark, Marowitz & Asrani, PLLC

Suite 260

621 Northwest 53rd Street

Boca Raton, Florida 33487 - 8281

(eServed)

Maria Sperando, Esquire

Law Of fice of Maria P. Sperando, P.A.

4606 Northwest Red Bay Circle

Jensen Beach, Florida 34957

Gregory Warner, Esquire

Agency for Health Care Administration

Mail Stop 3

2727 Mahan Drive

Tallahassee, Florida 32308 - 5407

(eServed)

NOTICE OF 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 are commenced by

fil ing 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 prescribed 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.