STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

IN RE: THE ARBITRATION OF SENTA

WILLIAMS, as Personal Representative of the Estate of GARY WILLIAMS, DECEASED,

vs.

Claimant,

Case No. 19-2950MA

LAKE CITY MEDICAL GROUP; ERNEST DE LEON, M.D.; VIDA UMSTEAD, ARNP; SHARMA ATKINSON-STATEN, ARNP; AND VANESSA MILLER, ARNP,

Defendants.

/

FINAL ARBITRATION AWARD

The final arbitration hearing in this case was held before

1. David Watkins, Chief Arbitrator; Kelly Hamer, Arbitrator; and Daniel Harwin, Arbitrator, on January 15, 2020, in Jacksonville, Florida.

   APPEARANCES

   
   

   For Claimant: Grant A. Kuvin, Esquire

   Morgan & Morgan Suite 1100

   76 South Laura Street Jacksonville, Florida 32202

   
   

   For Defendants: Jenifer S. Worley, Esquire

   Saalfield Shad, P.A. Suite 400

   245 Riverside Avenue Jacksonville, Florida 32202

   
   

   AWARD

   
   

   Following the sworn testimony of witnesses and the presentation of all evidence at the arbitration hearing, the duly-appointed arbitrators deliberated and reached the following

   
   

   unanimous decision, pursuant to section 766.207, Florida Statutes:

   
   

   1. Funeral expenses: $0.00

      
      

   2. Past loss of earnings: $3,215.00

      
      

   3. Past and future medical expenses: $0.00

      
      

   4. Future Loss of support:

      
      

      -part-time wages/salary: $49,472.00

      -Social Security benefits: $15,262.00

      
      

   5. Future Loss of services: $250,000.00

      
      

   6. Non-economic damages, awarded to Senta Williams for a 100% loss of

      capacity to enjoy life: $250,000.00

      
      

   7. Section 766.207(e): interest on all accrued damages with respect to which interest would be awarded at trial (6.83 per annum).

      
      

      Daily rate = 0.00018712 x 397 days x past damages of $38,820.00:1/ $2,882.22

      Present value of economic and

      non-economic damages $570,831.22

      
      

   8. Fees and costs, 15% of total

      damages: $85,624.68

      
      

      Total present value awarded: $656,455.90

      
      

      POST ARBITRATION AWARD FEES TO BE PAID BY DEFENDANTS

      
      

   9. Defendants have agreed to pay the arbitrators, Kelly Hamer and Daniel Harwin, at the rate of $750.00 per hour, for a total of thirteen (13) hours each, for preparation, travel, hearing, and deliberation. Accordingly, no later than

February 15, 2020, Defendants shall pay to the arbitrators named above $9,750.00 each.

DONE AND ORDERED this 24th day of January, 2020, 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 24th day of January, 2020.

ENDNOTE

1/ Past loss of earnings ($3,215.00) + past loss of support ($35,605.00) = $38,820.00.

COPIES FURNISHED:

Grant A. Kuvin, Esquire Morgan & Morgan

Suite 1100

76 South Laura Street Jacksonville, Florida 32202 (eServed)

Jenifer S. Worley, Esquire Saalfield Shad, P.A.

Suite 400

245 Riverside Avenue Jacksonville, Florida 32202 (eServed)

Daniel Harwin, Esquire Freedland Harwin Valori Suite 2300

110 Southeast 6th Street

Fort Lauderdale, Florida 33301-5055 (eServed)

Kelly Hamer, Esquire Bice Cole Law Firm, LP Suite 101

1333 Southeast 25th Loop Ocala, Florida 34471

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: 19-002950MA

Orders for Case No: 19-002950MA