21-001329MA Russell Roberts vs. St. Vincent's Medical Center, D/B/A Ascension St. Vincent's Riverside Status: Closed DOAH Final Order on Thursday, February 10, 2022.

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

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

R USSELL R OBERTS ,

Claimant ,

vs. C ase No. 21 - 1329MA

S T . V INCENT ' S M EDICAL C ENTER , D/B/A

A SCENSION S T . V INCENT ' S R IVERSIDE ,

Defendant .

/

F INAL A RBITRATION A WARD

The final arbitration hearing in this case was held before W. David

Watkins, Chief Arbitrator; Miles McGrane, Arbitrator; and E. Victoria Penny,

Arbitrator, on February 7, 2022, with the hearingÔs conclusion on February 7,

2022 , via Zoom Video Conference.

A PPEARANCES

For Claimant: Daniel Harwin, Esquire

Freedland, Harwin, Valori, P . L .

Suite 2300

110 S outheast 6 th Street

Fort Lauderdale, F lorida 33301

For Respondent: S. William Fuller, Jr., Esquire

Hall Booth Smith, P.C.

Suite 400

200 West Forsyth Street

Jacksonville, Florida 32202

A WARD

At the conclusion of the arbitration hearing and presentation of all

evidence in this proceeding, the following award was agreed to by majority

vote 1 of the arbitrators on February 7, 2022 , and announced to the parties the

same day:

Future Medical and Attendant Care: $195,228.00

80% Lost Wages (past) $ 44,498.00

80% Lost Wages (future) $372,000.00

Non - economic damage s for 80 Percent

Loss of Capacity to Enjoy Life

Russell Roberts $200,000.00

Total Economic and Non - Economic Damages $811,726.00

AttorneyÔs Fees and Costs 15% of

Economic and Non - Economic Damages $121,758.90

Total Arbitration Awa rd $933,484.90

1 Arbitrator Penny dissented from the majority on two issues, both relating to an offset for

collateral source payments as provided for by section 766.207(7)(a), Florida Statutes. Th e

Chief Arbitrator ruled that the ÑMedicare Coverage for Life Care Plan of Russell RobertsÒ set

forth on pages 7 and 8 of RespondentÔs Ñ Motion to Preclude Recovery of Payments Made or

Likely to be Made by Collateral SourcesÒ was not authenticated, was impe rmissibly vague

and imprecise, and did not rise to the level of competent substantial evidence. Accordingly,

that information was not admitted in evidence. Secondly, Arbitrator Penny argued that the

burden of proof on the issue of offset of collateral sour ce payments should fall to Claimant,

not Defendant. Absent a statutory directive otherwise, in administrative proceedings, the

party asserting the affirmative of an issue is required to prove that he or she is entitled to

the relief sought. Young v. DepÔt of Cmty. Aff. , 625 So. 2d 831, 833 - 34 (Fla. 1993); DepÔt of

Transp. v. J.W.C. Co. , 396 So. 2d 778, 788 (Fla. 1st DCA 1981).

P OST A RBITRATION A WARD F EES T O B E P AID B Y D EFENDANT

The parties have agreed to pay the arbitrators , other than the Chief

Arbitrator , at the rate of $750 per hour. Arbitrator s McGrane and Penny

each spent 10.00 hours in preparation and attendance at the hearing, and in

deliberations to determine the amount of the award. Accordingly, Defendant

shall pay Arbitrators McGrane and Penny the amount of $7,500.00 each

within 14 days from the date of this Award. Defendant shall also pay for t he

costs of the arbitration proceeding

The panel finds that no evidence was presented as to any past medical

expenses of any nature whatsoever, and that no portion of this award reflects

payment or reimbursement or consideration of any past medical expens es.

D ONE A ND O RDERED this 10th day of February , 2022 , in Tallahassee, Leon

County, Florida.

S

W. D AVID W ATKINS

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.sta te.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 10th day of February , 2022 .

C OPIES F URNISHED :

James Brent Allen, Esquire Daniel Harwin, Esquire

Hall Booth Smith, P.C. Freedland Harwin Valori, P.L.

Suite 400 Suite 2300

200 West Forsyth Street 110 Sout heast 6th Street

Jacksonville, Florida 32202 Fort Lauderdale, Florida 33301

Melissa Gunion, Esquire Thomas E. Dukes, III, Esquire

Freedland Harwin Valori, P.L. McEwan, Martinez & Dukes, P.A.

Suite 2300 108 East Central Boulevard

110 Southeast 6th Street Post Office Box 753

Fort Lauderdale, Florida 33301 Orlando, Florida 32802

S. William Fuller, Jr., Esquire Brooke Taylor, Esquire

Hall Booth Smith, P.C. 200 West Forsyth Street

Suite 400 Jacksonville, Florida 322 02

200 West Forsyth Street

Jacksonville, Florida 32202 Miles A. McGrane, III, Esquire

The McGrane Law Firm

Elisabeth A. Avilla, Esquire Suite 130 358

Hall Booth Smith, PC 401 East Las Olas Boulevard

Suite 400 Fort Lauderdale, Florida 33301 - 2477

200 West Forsyth Street

Jacksonville, Florida 32202

E. Victoria Penny, Esquire

Henry Buchanan, P.A.

2508 Barrington Circle

Tallahassee, Florida 32308

N OTICE O F R IGHT T O J UDICIAL R EVIEW

A party who is adversely affected by this Final Order is entitled to judicial

revi ew 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 administrative appeal with the

agency clerk of the Division of Adm inistrative 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 d istrict c ourt of

a ppeal in the appellate district where the agency maintains it s headquarters

or where a party resides or as otherwise provided by law.