STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY SULLIVAN, individually and ) as Personal Representative of ) the Estate Of NAOMI SULLIVAN, ) Deceased, )

)

Claimant, )

)

vs. ) CASE NO. 95-1343MA

) ARBITRATION AWARD JOANN LAPORTE, ) R.N., MIAMI BEACH HEALTH CARE ) GROUP LIMITED, d/b/a MIAMI HEART ) INSTITUTE, ARNOLD L. LIEBER, M.D., ) and ARNOLD L. LIEBER, M.D., P.A., )

)

Defendants. )

)

ARBITRATION AWARD

THIS CAUSE having come before the arbitration panel on December 7, 1995, and December 8, 1995, in Fort Lauderdale, Florida, on the Claim of BETTY SULLIVAN, individually, and as personal representative of the ESTATE OF NAOMI SULLIVAN deceased, against Defendants JOANN LAPORTE, R.N., MIAMI BEACH HEALTH CARE GROUP, LIMITED, d/b/a MIAMI HEART INSTITUTE, ARNOLD L. LIEBER, M.D., and

ARNOLD L. LIEBER, M.D., P.A. and following a hearing concerning all of the issues in dispute where the testimony of witnesses were presented, exhibits introduced into evidence and the arguments of counsel were heard, it is the decision of the arbitrators by majority vote that the Claimant BETTY SULLIVAN, individually, shall have and recover from the Defendants jointly and severally as follows:

1. That the Claimant BETTY SULLIVAN individually shall have and recover from the Defendants JOANN LAPORTE, R.N.; MIAMI BEACH HEALTH CARE GROUP, LIMITED, d/b/a MIAMI HEART INSTITUTE; ARNOLD L. LIEBER, M.D., and ARNOLD L. LIEBER, M.D., P.A., the lump sum of $225,000.00 representing non-economic damages consisting of the pain and suffering sustained by the Claimant, BETTY SULLIVAN, arising out of the death of her daughter, NAOMI LYNN SULLIVAN, and the additional sum of

   $1,200.00 for reimbursement of funeral expenses, for which sums said Defendants are jointly and severally liable.

   
   

2. The Claimant, BETTY SULLIVAN, shall further recover attorney's fees and costs in the total amount of $33,930.00 representing 1 5 percent of the arbitration award, from the Defendants JOANN LAPORTE, R.N., MIAMI BEACH CARE GROUP, LIMITED, d/b/a MIAMI HEART INSTITUTE; ARNOLD L. LIEBER, M.D., and ARNOLD

   L. LIEBER, M.D., P.A., for which sums said Defendants are jointly and severally liable.

3. The arbitrating Defendants in this matter are JOANN LAPORTE, R.N.; MIAMI BEACH CARE GROUP, LIMITED, d/b/a MIAMI HEART INSTITUTE; ARNOLD L. LIEBER, M.D., and ARNOLD L. LIEBER, M.D., P.A. The applicable policy limits of insurance available to these Defendants are as follows:

   
   

   MIAMI BEACH HEALTH CARE GROUP, LIMITED, d/b/a THE MIAMI HEART INSTITUTE:

   (JOANN LAPORTE IS AN ADDITIONAL INSURED)

   
   

   Western Indemnity Insurance Company

   $2,000,000.00 per incident/$6,000,000.00 aggregate Deductible - $200,000.00/$600,000.00

   
   

   ARNOLD L. LIEBER. M.D., and ARNOLD L. LIEBER, M.D., P.A.

   
   

   Frontier Insurance Company

   $250,000.00 per incident/$750,000.00 aggregate

   
   

4. That the total damages awarded by the panel are $260,130.00 representing the non-economic damages sustained by the Claimant BETTY SULLIVAN, individually; and the Claimant's costs and attorney's fees as limited by F.S. Section 766.207.

DONE AND ORDERED this 19th day of DECEMBER, 1995.

RICHARD A. HIXSON, Chief Arbitrator DIVISION OF ADMINISTRATIVE HEARINGS

NEAL A. ROTH, ESQ., Arbitrator

DISSENT

THE UNDERSIGNED respectfully dissents from the attached assessment arbitration award for the following reasons.

The parties hereto have been provided neither with Findings of Fact nor Conclusions of Law (nor is such required by Rule 221-7.024(6)) and are without evident means to determine whether s766.207(7)(b) has been followed in whole or part.

It is, however, apparent by mere mathematical calculation that were the mandatory calculations followed by the majority Arbitrators, they would have concluded that the Claimant's capacity to enjoy life had been reduced by 90 percent secondary to the death of her 20-year old daughter who was living independently in Miami and apart from the Claimant, her mother, who resided in Colorado.

Such finding is unquestionably contrary to the undisputed evidence presented at this Arbitration proceeding establishing that despite the tragic loss of her manic depressive daughter, Naomi, by suicide (which the Defendants admittedly failed to prevent), the claimant continues in a loving and close

relationship with her husband of many years and three other children aged 21, 18 and 14, two of whom are still living within the family home.

Although the emotional effect of the loss of a child is recognizable, the immeasurable joys and benefits of a continuing loving relationship with both spouse and three other healthy children must be considered and compared according to the mandate of the Florida legislature.

The majority award rejects such approach and ignores such mandate.

HENRY BURNETT, ESQ. ARBITRATOR

================================================================= SATISFACTION OF ARBITRATION AWARD

=================================================================

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BETTY SULLIVAN, individually and ) as Personal Representative of ) the Estate Of NAOMI SULLIVAN, ) Deceased, )

)

Claimant, )

)

vs. ) CASE NO. 95-1343MA

) ARBITRATION AWARD JOANN LAPORTE, ) R.N., MIAMI BEACH HEALTH CARE ) GROUP LIMITED, d/b/a MIAMI HEART ) INSTITUTE, ARNOLD L. LIEBER, M.D., ) and ARNOLD L. LIEBER, M.D., P.A., )

)

Defendants. )

)

SATISFACTION OF ARBITRATION AWARD

KNOW ALL MEN BY THESE PRESENTS, that Jesse S. Faerber, as attorney of record for Claimant, Betty Sullivan, individually and as Personal Representative of the Estate of Naomi Sullivan, for and in consideration of the sum of Two Hundred Sixty Thousand, One Hundred Thirty Dollars (260,130.00), and good and valuable considerations, to me in hand paid by the defendants JoAnn LaPorte, R.N., Miami Beach Health Care Group Limited, d/b/a/ The Miami Heart Institute, Arnold L. Lieber, M.D. and Arnold L. Lieber, M.D., P.A., receipt of which is hereby acknowledged, does hereby acknowledge full and complete satisfaction of that certain Arbitration Award dated the 18th day of December, 1995, at Broward County, Florida.

The Clerk of said Court is hereby directed to record this instrument as evidence of full payment and satisfaction of the arbitration award entered in the above-styled cause.

IN WITNESS WHEREOF, I have hereunto set my hand and seal this 10th day of January, 1996.

(J.A.F.; unreadable signature)

Signed, sealed and delivered in the presence of:

MARRAINE RAAIDY BARBARA DELL

STATE OF FLORIDA )

) COUNTY OF BROWARD )

BEFORE ME, the undersigned authority, this day personally appeared Jesse S. Faerber, who, after being duly sworn, deposes and says that he is the attorney of record for the Claimant, Betty Sullivan, individually and as Personal Representative of the Estate of Naomi Sullivan, and that he has executed the same in the capacity and for the use and purpose therein expressed.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal at Broward County, Florida this 10th day of January, 1996.

My Commission Expires: (Notary Seal)

Lisa P. Gallagher Notary Public,

State of Florida At Large

Docket for Case No: 95-001343MA

Orders for Case No: 95-001343MA