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,

vs.

Claimants,

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, Arbitrator; and Scott H. Michaud, Arbitrator, from July 30 through August 2, 2019, in West Palm Beach, Florida.

APPEARANCES

For Claimants: 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, O’Hara, McCoy

and Ford, P.A. Suite 1600

515 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 (“*” indicates “stipulated” amounts):

1. Past Economic Damages

   
   

   1. Past Medical Bills $0.00*

      
      

   2. Past Loss of Net Accumulations

      of the Estate of Dorothe Marino $18.637.00*

      
      

   3. Past loss of household services $22,412.00*

      
      

   4. TIFFANY SMITH

      
      

      Past loss of support and services provided by Dorothe Marino to

      Tiffany Smith $199,097.00

      
      

2. Future Economic Damages

   
   

   1. Present Value of Future Loss of Net Accumulations of the Estate of

      Dorothe Marino $195,531.00*

      
      

   2. Present Value of Future loss of

      household services $744,303.00*

      
      

   3. TIFFANY SMITH

   
   

   Present Value of Future loss of support and services provided by

   Dorothe Marino to Tiffany Smith $3,900,000.00

   
   

3. Non-economic Damages

   
   

   DAVID MARINO $250,000.00*

   
   

   AMBER MARINO $250,000.00*

   
   

   TIFFANY SMITH $250,000.00*

   
   

4. Funeral Expenses $2,770.00*

   
   

5. Section 766.207(e): interest on all accrued 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 Dorothe 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 costs 15% all 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, Maria P. Sperando and Scott H. Michaud, at the rate of

$750.00 per hour. Arbitrator Sperando and Arbitrator Michaud shall submit invoices to Defendant 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 Somera 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 Office 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 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: 19-000654MA

Orders for Case No: 19-000654MA