STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

JENNIFER GAGNE, as Personal Representative of the Estate of MICHAEL GAGNE,

Claimant,

vs.

UNIVERSITY HOSPITAL; WESTSIDE REGIONAL MEDICAL CENTER; ARNOLDO GHITIS, MD; AND FLORIDA HEART AND HEALTH INSTITUTE,

Defendants.

/

Case No. 18-6200MA

FINAL ARBITRATION AWARD

The final arbitration hearing in this case was held before

1. David Watkins, Chief Arbitrator; Sam Coffey, Arbitrator; and Ilisa W. Hoffman, Arbitrator, on June 25, 2019, in Fort Lauderdale, Florida.

   APPEARANCES

   
   

   For Claimant: Paul M. Silva, Esquire

   Peter J. Somera, Jr., Esquire Somera & Silva, LLP

   Suite 232W

   2255 Glades Road

   Boca Raton, Florida 33431

   
   

   For Defendants: Jonathan Miller, Esquire

   Wicker, Smith, O’Hara, McCoy and Ford, P.A.

   Suite 1400

   515 East Las Olas Boulevard Fort Lauderdale, Florida 33302

   
   

   Oscar Cabanas, Esquire Wicker, Smith, O’Hara, McCoy

   and Ford, P.A. Suite 800

   2800 Ponce De Leon Boulevard Coral Gables, Florida 33134

   
   

   AWARD

   
   

   1. Funeral expenses:	$1,520.00
   2. Present value of loss of net estate accumlations:	$583,266.00
   3. Past and future medical expenses: (by stipulation of the parties)	$0.00
   4. Non-economic damages, awarded to Troy Gagne for a 100% loss of capacity to enjoy life:	$250,000.00
   5. Non-economic damages, awarded to Anthony Gagne for a 100% loss of capacity to enjoy life:	$250,000.00
   Present value of economic and non-economic damages:	$1,084,786.00
   6. Fees and costs, 15% of total damages:	$162,717.90
   7. Total present value awarded:	$1,247,503.90

   
   

   PRELIMINARY STATEMENT

   
   

   1. Defendants have agreed to pay the arbitrators, Sam Coffey and Ilisa W. Hoffman, at the rate of $750.00 per hour, for a total of eight hours each of preparation, hearing, and deliberation. Accordingly, no later than July 25, 2019, Defendants shall pay to the arbitrators named above

      $6,000.00 each. Defendants shall also pay for the costs of the arbitration proceeding, including the cost of the facility.

      
      

   2. As noted above, the parties have stipulated that reasonable attorney's fees and costs to be paid by Defendants for Claimant’s attorney’s fees and costs shall be 15 percent of

the present value of the economic and non-economic damages award.

DONE AND ORDERED this 5th day of July, 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 5th day of July, 2019.

COPIES FURNISHED:

Robert E. Paradela, Esquire Wicker, Smith, O'Hara, McCoy,

and Ford, P.A.

Suite 1400

515 East Las Olas Boulevard Fort Lauderdale, Florida 33302

Jonathan Miller, Esquire Wicker, Smith, O'Hara, McCoy,

and Ford, P.A.

Suite 1400

515 East Las Olas Boulevard Fort Lauderdale, Florida 33302

Paul M. Silva, Esquire Somera & Silva, LLP Suite 232W

2255 Glades Road

Boca Raton, Florida 33431 (eServed)

Peter J. Somera, Jr., Esquire Somera and Silva, LLP

Suite 232W

2255 Glades Road

Boca Raton, Florida 33431

Oscar Cabanas, Esquire Wicker, Smith, O’Hara, McCoy,

and Ford, P.A. Suite 800

2800 Ponce De Leon Boulevard Coral Gables, Florida 33134 (eServed)

Theresa Christine Perez, Esquire

Wicker, Smith, O'Hara, McCoy, and Ford, P.A. Suite 1400

515 East Las Olas Boulevard Fort Lauderdale, Florida 33301 (eServed)

Sam Coffey, Esquire Coffey Trial Law Suite 100

500 Northeast Fourth Street Fort Lauderdale, Florida 33301

Ilisa W. Hoffman, Esquire Ilisa W. Hoffman, P.A. Suite 350

4601 Ponce de Leon Boulevard Coral Gables, Florida 33146

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 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 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.

Docket for Case No: 18-006200MA

Orders for Case No: 18-006200MA