Petitioner: LORI HUSBAND, F/K/A LORI JULIAN AND LORI KELAITA AND DOUGLAS HUSBAND
Respondent: NATIONAL HEALTH LABORATORIES, INC.
Judges: LARRY J. SARTIN
Agency: Medical Arbitration
Locations: Fort Lauderdale, Florida
Filed: Oct. 05, 1995
Status: Closed
DOAH Final Order on Wednesday, July 24, 1996.
Latest Update: Feb. 18, 1997
Summary: Award entered in medical arbitration case for misread pap smear.
95-4835STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LORI HUSBAND, f/k/a, LORI JULIAN, ) and LORI KELAITA, and DOUGLAS )
HUSBAND, her husband, )
)
Claimants, )
)
vs. ) CASE NO. 95-4835MA
) NATIONAL HEALTH LABORATORIES ) INCORPORATED, )
)
Defendant. )
)
ORDER CLOSING FILE
The Arbitration Award in this case has been executed effective July 16, 1996. The original Award was filed with the Division of Administrative Hearings on July 23, 1996. A copy of the Award is attached hereto.
Accordingly, it is
ORDERED that the file in this case is CLOSED.
DONE and ORDERED this 24th day of July, 1996, in Tallahassee, Florida.
LARRY J. SARTIN, Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 24th day of July, 1996.
COPIES FURNISHED:
Eugene Heinrich, Esquire Valerie Shea, Esquire HEINRICH, GORDON, HARGROVE,
WEIHE & JAMES, P.A.
Broward Financial Centre
500 East Broward Boulevard Suite 1000
Fort Lauderdale, Florida 33394
Davis W. Duke, Jr., Esquire John Mullen, Esquire
GUNSTER, YOAKLEY, VALDES-FAULI & STEWART, P.A.
Broward Financial Centre
500 East Broward Boulevard Suite 1400
Fort Lauderdale, Florida 33394
Arno Kutner, Esquire Kutner, Rubinoff, Thompson
& Bush
501 N.E. 1st Avenue Miami, Florida 33132
C. Howard Hunter, Esquire
201 E. Kennedy Boulevard, Suite 1950 Tampa, Florida 33602
Attachment STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LORI HUSBAND, f/k/a, LORI JULIAN, ) and LORI KELAITA, and DOUGLAS )
HUSBAND, her husband, )
)
Claimants, )
)
vs. ) CASE NO. 95-4835MA
) NATIONAL HEALTH LABORATORIES ) INCORPORATED, )
)
Defendant. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Larry J. Sartin, Chief Arbitrator, Arno Kutner, Arbitrator, and C. Howard Hunter, Arbitrator, on May 28, 29 and 30, 1996, in Fort Lauderdale, Florida.
APPEARANCES
For Claimant: Eugene Heinrich, Esquire
Valerie Shea, Esquire HEINRIH, GORDON, HARGROVE,
WEIHE & JAMES, P.A.
Broward Financial Centre
500 East Broward Boulevard, Suite 1000 Fort Lauderdale, Florida 33394
For Defendant: Davis W. Duke, Jr., Esquire
John Mullen, Esquire
GUNSTER, YOAKLEY, VALDES-FAULI & STEWART, P.A.
Broward Financial Centre
500 East Broward Boulevard, Suite 1400 Fort Lauderdale, Florida 33394
AWARD
At the conclusion of the arbitration hearing, the following award was agreed to by the undersigned arbitrators and announced pursuant to Section 766.207, Florida Statutes:
Economic Damages, Section 766.207(7)(a), Florida Statutes:
1. Medical Bills |
|
a. Past: |
| $ 40.00 |
b. Future: |
| 500,000.00 |
2. 80 percent wage | loss/earning | capacity: |
a. Past: |
| 2,356.37 |
b. Future: |
| 100,000.00 |
TOTAL ECONOMIC DAMAGES: $602,396.37
Noneconomic Damages, Section 766.207(7)(b), Florida Statutes:
August, 1991 Incident,
70 percent of $250,000.00: $175,000.00
March, 1992 Incident,
0 percent of $250,000.00: 0.00
TOTAL NONECONOMIC DAMAGES: $175,000.00
TOTAL DAMAGES: $777,396.37
Attorneys' Fees and Costs, Section 766.207(7)(f):
$116,609.46
TOTAL AWARD: $894,005.83
The total award is payable to Lori Husband, f/k/a Lori Julian and Lori Kelaita. No award was made to Douglas Husband.
In addition to the foregoing, Defendant is to pay the costs associated with the arbitration proceeding: the fees of the arbitrators, other than the Chief Arbitrator, and the cost of the court reporter.
The award for future medical expenses and future loss of earning capacity is based upon the present value of Ms. Husband's future medical expenses and future loss of earning capacity. The amount of the award is based upon a payment of these amounts in a lump sum. Unless Defendant elects to pay future medical expenses and future loss of earning capacity in a lump sum, the amount of future medical expenses and future loss of earning capacity awarded shall be calculated without reduction for future value and shall be payable to Ms.
Husband in equal installments over her remaining life expectancy.
The arbitration award was announced at the conclusion of the arbitration hearing. The announcement of the award included findings of fact and conclusions of law. The findings of fact and conclusions of law announced at the conclusion of the arbitration hearing are hereby incorporated into this arbitration award.
The arbitration award was agreed to by the Chief Arbitrator and Arbitrator Arno Kutner. Arbitrator C. Howard Hunter did not agree with the arbitration award.
DONE AND ENTERED this 11th day of July, 1996, in Tallahassee, Florida.
LARRY J. SARTIN
Chief Arbitrator/Hearing Officer Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-1550
(904) 488-9675 SUNCOM 278-9675
DONE AND ENTERED this 16th day of July, 1996, in Miami, Florida.
ARNO KUTNER
Arbitrator
501 N.E. 1st Avenue Miami, Florida 33132
Filed with the Clerk of the Division of Administrative Hearings this 23rd day of July, 1996.
COPIES FURNISHED:
Eugene Heinrich, Esquire Valerie Shea, Esquire HEINRICH, GORDON, HARGROVE,
WEIHE & JAMES, P.A.
Broward Financial Centre
500 East Broward Boulevard Suite 1000
Fort Lauderdale, Florida 33394
Davis W. Duke, Jr., Esquire John Mullen, Esquire
GUNSTER, YOAKLEY, VALDES-FAULI & STEWART, P.A.
Broward Financial Centre
500 East Broward Boulevard Suite 1400
Fort Lauderdale, Florida 33394
Arno Kutner, Esquire Kutner, Rubinoff, Thompson
& Bush
501 N.E. 1st Avenue Miami, Florida 33132
C. Howard Hunter, Esquire
201 E. Kennedy Boulevard, Suite 1950 Tampa, Florida 33602
NOTICE OF POSSIBLE RIGHT TO JUDICIAL REVIEW
ANY PARTY WHO IS ADVERSELY AFFECTED BY THIS FINAL ORDER MAY BE 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 ONE COPY OF A NOTICE OF APPEAL WITH THE AGENCY CLERK OF THE DIVISION OF ADMINISTRATIVE HEARINGS AND A SECOND COPY, ACCOMPANIED BY FILING FEES PRESCRIBED BY LAW, WITH THE DISTRICT COURT OF APPEAL, FIRST DISTRICT, OR WITH THE DISTRICT COURT OF APPEAL IN THE APPELLATE DISTRICT WHERE THE PARTY RESIDES. THE NOTICE OF APPEAL MUST BE FILED WITHIN 30 DAYS OF RENDITION OF THE ORDER TO BE REVIEWED.
Docket for Case No: 95-004835MA
| Issue Date |
Proceedings |
|
Feb. 18, 1997 |
BY ORDER OF THE COURT (Cross-appeal is Dismissed per Fourth DCA) filed. |
|
Dec. 05, 1996 |
Notice of Dismissal of Cross-Appeal (from Valarie Shea) filed. |
|
Nov. 12, 1996 |
(Joint) Stipulation for Dismissal With Prejudice filed. |
|
Oct. 11, 1996 |
Index sent out. |
|
Sep. 16, 1996 |
Designation to Reporter and Reporter's Acknowledgment filed. |
|
Sep. 09, 1996 |
Directions to Clerk filed. |
|
Aug. 30, 1996 |
Certificate of Notice of Cross Appeal sent out. |
|
Aug. 29, 1996 |
Notice of Cross Appeal (Filed by Valarie Shea) filed. |
|
Aug. 22, 1996 |
Notice of Appeal (filed by Davis W. Duke , Jr.) filed. |
|
Jul. 29, 1996 |
Letter to LJS from Valarie Shea (RE: request for final Order) filed. |
|
Jul. 24, 1996 |
Final Order (hearing held , 2013). CASE CLOSED.
|
|
Jul. 24, 1996 |
Order Closing File sent out. CASE CLOSED, the Arbitration Award has been Executed, effective July 16, 1996 and filed with the Clerk of July 23, 1996. |
|
Jul. 23, 1996 |
Arbitration Award (signed by Hearing Officer and A. Kutner) filed. |
|
Jul. 18, 1996 |
Letter to LJS from Valarie Shea (RE: request to expedite award) (filed via facsimile). |
|
Jun. 17, 1996 |
Letter to Hearing Officer from V. Shea Re: Telephone conversation on 6/13/96 filed. |
|
Jun. 17, 1996 |
(C. Howard Hunter) Dissent Regarding Future Economic Damages; Cover Letter filed. |
|
Jun. 10, 1996 |
Letter to Hearing Officer from V. Shea Re: Telephone conference on 6/5/96; Preliminary Economic Report filed. |
|
May 31, 1996 |
(Claimant`s) Notice of Filing filed. |
|
May 28, 1996 |
CASE STATUS: Hearing Held. |
|
May 28, 1996 |
Letter to LJS from Valarie Shea (RE: providing additional information on Peter S. Johnson who was identified as an expert in Joint Prehearing Stipulation) filed. |
|
May 28, 1996 |
Letter to LJS from Valerie Shea (RE: enclosing reports of claimants) filed. |
|
May 24, 1996 |
Deposition of Stratton Sterghos, M.D. filed. |
|
May 23, 1996 |
cc: Deposition of Lori Husband ; cc: Deposition of Jason Kapnick, M.D. ; cc: Deposition of Frank Finlon, M.D. ; Cover letter from V. Shea filed. |
|
May 23, 1996 |
Notice of Service of Respondent`s Exhibits; Exhibits filed. |
|
May 20, 1996 |
Letter to LJS from Eugene Heinrich (RE: scheduling hearing for May 28-31, 1996) filed. |
|
May 20, 1996 |
Notice of Service of Claimants` Exhibits; Exhibits attached filed. |
|
May 17, 1996 |
Defendant's Proposed Arbitration Award filed. |
|
May 16, 1996 |
Claimants' Statement of Attorney's Fees and Costs filed. |
|
May 16, 1996 |
Claimants, Lori Julian Husband and Douglas J. Husband`s, Proposed Findings of Fact and Law and Award; Claimants` Proposed Findings of Fact and Law and Award; Arbitration Award (for Hearing Officer Signature) filed. |
|
May 13, 1996 |
Joint Pre-Hearing Stipulation filed. |
|
May 10, 1996 |
Letter to LJS from Eugene Heinrich (RE: enclosing medical bills, tagged) filed. |
|
May 08, 1996 |
(Respondent) Re-Notice of Taking Deposition *Cancels 5/9/96 Depositions filed. |
|
May 08, 1996 |
(Respondent) Notice of Taking Deposition filed. |
|
Apr. 29, 1996 |
Letter to Hearing Officer from E. Heinrich Re: Enclosing supplements to Claimants` Verified Disclosure w/enclosure filed. |
|
Apr. 29, 1996 |
(Petitioner) Notice of Taking Deposition Duces Tecum; Subpoena Duces Tecum (From E. Heinrich) filed. |
|
Apr. 25, 1996 |
(Respondent) (3) Notice of Taking Deposition; (2) Subpoena Duces Tecum (From D. Duke) filed. |
|
Apr. 18, 1996 |
Defendant's Mandatory Disclosure; Defendant's Form Disclosure filed. |
|
Apr. 15, 1996 |
(Petitioner) Notice of Taking Video Deposition filed. |
|
Mar. 28, 1996 |
Claimants, Lori Julian Husband and Douglas J. Husband's, Verified Disclosure Pursuant to 60Q-3.021, Florida Administrative Code (w/att's); Cover Letter to LJS from E. Heinrich filed. |
|
Dec. 28, 1995 |
Notice of Hearing sent out. (hearing set for May 28-30 1996; 9:00am; Ft. Lauderdale) |
|
Dec. 26, 1995 |
(Eugene L. Heinrich) Notice of Non-Availability filed. |
|
Dec. 18, 1995 |
(Respondent) Notice of Potential Conflict filed. |
|
Dec. 13, 1995 |
Letter to Hearing Officer from Eugene L. Heinrich Re: Response to Order dated November 30, 1995 filed. |
|
Nov. 30, 1995 |
Order Concerning Assessment Arbitration sent out. |
|
Nov. 30, 1995 |
Order sent out. (arbitrators are confirmed) |
|
Nov. 27, 1995 |
(Arno Kutner) Acceptance of Appointment As Arbitrator and Certificate of Arbitrator filed. |
|
Nov. 07, 1995 |
(C. Howard Hunter) Acceptance of Appointment as Arbitrator and Certificate of Arbitrator filed. |
|
Oct. 10, 1995 |
Order Appointing Chief Arbitrator sent out. |
|
Oct. 10, 1995 |
Certificate of Chief Arbitrator sent out. |
|
Oct. 10, 1995 |
Notice of Applicable Rules and Order Concerning Service of Pleadings sent out. |
|
Oct. 05, 1995 |
Request for Arbitration (& exhibit A-G); Cover Letter from J. Mullin filed. |
Orders for Case No: 95-004835MA
| Issue Date |
Document |
Summary |
|
Jul. 24, 1996 |
DOAH Final Order
|
Award entered in medical arbitration case for misread pap smear.
|
