22-000207MA Clara Navarro, Personal Representative Of The Estate Of Mauricio Polifroni, Deceased vs. North Shore Medical Center, Inc., D/B/A North Shore Medical Center Status: Closed DOAH Final Order on Tuesday, September 27, 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

C LARA N AVARRO , P ERSONAL

R EPRESENTATIVE OF T HE E STATE OF

M AURICIO P OLIFRONI , D ECEASED ,

Claimant ,

Case No. 22 - 0207MA

vs.

N ORTH S HORE M EDICAL C ENTER , I NC .,

D / B / A N ORTH S HORE M EDICAL C ENTER ,

Defendant .

/

A RBITRATION A WARD

The final arbitration hearing in this case was held before June C.

McKinney, Chief Arbitrator; Daniel D. Dolan , II, Arbitrator; and H. Hamilton

Rice , III, Arbitrator, on September 20 through 22, 2022, by Zoom conference.

For Claimant : Peter Spillis, Esquire

Kelley ɲ Uustal, PLC

500 North Federal Highway, Suite 200

Fort Lauderdale, Florida 33301

Michael R. Kaufman, Esquire

Michael R. Kaufman, P.A.

2333 Brickell Avenue, Suite A - 1

Miami, Florida 33129

For Defendant: Richard B. Mangan, Jr., Esquire

Kelsey T. Campbell, Esquire

Rissman, Barrett, Hurt, Donahue & McLain, P.A.

One North Dale Mabry Highway , Eleventh Floor

Tampa, Florida 33609

At the conclusion of the arbitration hearing and presentation of all

evidence, the following award was agreed to by a majority vote of the

arbitrators on September 22, 2022, and announced to the parties the sam e

day:

1. Loss of Services:

a. Past and Future Services $534,734.00 1

2. Loss of Support:

a. Clara Navarro $1,319,494.23

b. D ÔAngello Polifroni $152,981.00

Total support : $1,472,475.2 3 2

3. Loss of Net Accumulations: $293,965.83

4. Medical Expenses: $46,471.74

5. Funeral Expenses: $3,432.00

Total : $2,351,078.80

5. Non - economic damages for 100%:

a. Clara Navarro $250,000.00

b. DÔAngel lo Polifroni $250,000.00

Total Arbitration Award: $2,851,078.80 3

The parties have agreed to pay Arbitrators Dolan and Rice at the r ate of

$750.00 per hour. Accordingly, no later than 20 days from the date of this

Arbitration Award, Defendant North Shore Medical Center, Inc., shall pay

1 Present value of combined past and future loss of services for Clara Navarro and DÔAngello

Polifroni.

2 Present value of combined past and future loss of support.

3 Arbitrator Rice dissents from the arbitration award.

each a rbitrator other than the Chief Arbitrator. Defendant shall also pay for

the costs of the arbit ration proceeding.

The Arbitration Panel determined that the reasonable attorneyÔs fees to

be paid by Defendant for Claimant Ô s attorneyÔs fees shall be 15 percent of the

present value of the total award, in the sum of $427,661.82.

D ONE A ND O RDERED this 2 7th day of September , 2022 , in Tallahassee,

Leon County, Florida.

S

J UNE C. M CKINNEY

Administrative Law Judge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Cl erk of the

Division of Administrative Hearings

this 27th day of September , 2022 .

C OPIES F URNISHED :

Michael R. Kaufman, Esquire Richard B. Mangan, Jr., Esquire

(eServed) (eServed)

Peter Spillis, Esquire Kelsey T. Campbell, Esquire

(eServed) (eServed)

Daniel D. Dolan , II, Esquire H. Hamilton Rice , III, Esquire

(eServed) (Address of Record)

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

review pursuant to section 120.68, Florida Statut es. 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 Hearings within 30 days of

rendit ion 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 its headquarters

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