Petitioner: JAMES SAVARESE, AND BRENDA SAVARESE, AS PERSONAL REPRESENTATIVES OF THE ESTATE OF LISA SAVARESE
Respondent: USHA PATEL, M.D.
Judges: LARRY J. SARTIN
Agency: Medical Arbitration
Locations: Daytona Beach, Florida
Filed: Jan. 25, 1999
Status: Closed
DOAH Final Order on Tuesday, September 14, 1999.
Latest Update: Jan. 31, 2000
Summary: Stipulation for Dismissal Approved; Appeal Dismissed at the DCA.
99-0288.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
JAMES SAVARESE and BRENDA )
SAVARESE, Individually and as ) Personal Representatives of ) the Estate of Lisa Savarese, ) deceased, )
)
Claimants, )
)
vs. ) Case No. 99-0288MA
)
USHA PATEL, M.D., )
)
Defendant. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Larry J. Sartin, Chief Arbitrator; William M. Chanfrau, Arbitrator; and Frank E. Pierce III, Arbitrator, on August 23, 1999, in Daytona Beach, Florida.
APPEARANCES
For Claimants: Larry Sands, Esquire
Sands, White & Sands, P.A. Post Office Box 2010
Daytona Beach, Florida 32115
For Defendant: James Smith, Esquire
H. Joseph McGuire, Esquire
Smith, Schoder & Roddenberry, P.A. 605 South Ridgewood Avenue Daytona Beach, Florida 32114
AWARD
The following award was agreed to by a majority of the arbitration panel pursuant Section 766.207, Florida Statutes.
Economic Damages Section 766.207(7)(a), Florida Statutes: |
|
Medical Expense | $ 1,738.00 |
Funeral Expenses | 4,081.00 |
80% of Lost Earning Capacity, based upon the future loss of earning capacity of Lisa Savarese during her anticipated work life expectancy, reduced to present value |
1,250,000.00 |
Total Economic Damages | $1,255,820.00 |
Noneconomic Damaqes Section 766.207(7)(b), Florida Statutes: |
250,000.00 |
TOTAL DAMAGES: | $1,505,820.00 |
Pursuant to Section 766.207(7)(c), Florida | Statutes, future |
economic damages shall be paid in periodic equal annual payments over a period of 20 years, without offset for any future collateral source payments. The amount awarded has been reduced by 20 percent and is based upon present value at an accumulation rate of 5 percent. The future value of the award at an accumulation rate of 5 percent payable over a period of 20 years is $2,006,065.00. Consequently, each annual payment shall be
$100,303.00. The annual payments shall commence one year from the date of this award and should be payable to the Estate of Lisa Savarese or, upon conclusion of the Estate, to the lawful heirs of Lisa Savarese. The periodic payments shall be subject to the provisions of Section 766.202(8), Florida Statutes.
The remainder of the award shall be made in accordance with Section 766.211, Florida Statutes. The legal rate of interest on any amount of the award is 18 percent.
In addition to the foregoing award, Defendant is to pay the costs associated with the arbitration hearing: the fees of the arbitrators other than the Chief Arbitrator, and the costs of the court reporter. The arbitrators shall be paid based upon a rate of $750.00 per day. By stipulation of the parties and the arbitration panel, an award of attorneys' fees and other costs shall be deferred and determined upon application by either party. Jurisdiction over this matter is reserved for the limited purpose of making an award of attorneys' fees and costs not awarded pursuant to this Arbitration Award.
DONE AND ORDERED this 14th day of September, 1999, in Daytona Beach, Volusia County, Florida.
William Chanfrau, Esquire Arbitrator
Post Office Box 265880
Daytona Beach, Florida 32126-5880 DONE AND ORDERED this 14th day of September, 1999, in
Tallahassee, Leon County, Florida.
LARRY J. SARTIN, Chief Arbitrator Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.f1.us.
Filed with the Clerk of the Division of Administrative Hearings this 14th day of September, 1999.
COPIES FURNISHED:
Larry Sands, Esquire Sands, White & Sands, P.A. Post Office Box 2010
Daytona Beach, Florida 32115
James Smith, Esquire
H. Joseph McGuire, Esquire
Smith, Schoder & Roddenberry, P.A. 605 South Ridgewood Avenue Daytona Beach, Florida 32114
William M. Chanfrau, Esquire Arbitrator
Post Office Box 265880
Daytona Beach, Florida 32126-5880
Frank E. Pierce III, Esquire Arbitrator
225 East Robinson Street, Suite 450 Orlando, Florida 32801
Docket for Case No: 99-000288MA
| Issue Date |
Proceedings |
|
Jan. 31, 2000 |
BY ORDER OF THE COURT (appeal dismissed) filed.
|
|
Jan. 18, 2000 |
Joint Stipulation and Order of Dismissal with Prejudice filed. |
|
Dec. 20, 1999 |
Order of Dismissal With Prejudice (Judge Sartin signed and returned to Larry Sands at Daytona Beach) sent out. |
|
Nov. 15, 1999 |
Joint Stipulation and Order of Dismissal With Prejudice; Order of Dismissal With Prejudice filed. |
|
Nov. 09, 1999 |
Invoice in the amount of $48.00 for indexing sent out. |
|
Nov. 09, 1999 |
Index sent out. |
|
Nov. 05, 1999 |
BY ORDER OF THE COURT (motion to stay arbitration award is now moot) filed. |
|
Oct. 12, 1999 |
Letter to DOAH from DCA filed. DCA Case No. 5-99-2795. |
|
Oct. 11, 1999 |
Notice of Appeal filed. (filed by: Usha Patel, M.D. ) |
|
Oct. 07, 1999 |
(F. Pierce) Arbitrator`s Dissent filed. |
|
Sep. 14, 1999 |
CASE CLOSED. Arbitration Award sent out. Hearing held 8/23/99.
|
|
Sep. 13, 1999 |
(W. Chanfrau) Arbitration Award (For Judge Signature) filed. |
|
Sep. 02, 1999 |
Copy of Letter to William Chanfrau from Larry Sands (Proposed Arbitration Award) (filed via facsimile). |
|
Aug. 30, 1999 |
(L. Sands) Arbitration Award (unsigned) w/cover letter (filed via facsimile). |
|
Aug. 23, 1999 |
CASE STATUS: Hearing Held. |
|
Aug. 23, 1999 |
(Respondent) Notice of Service of Proposed Arbitration Award; Respondent`s Supplemental Witness and Exhibit List filed. |
|
Aug. 20, 1999 |
Deposition of Leslie McMasters, Deposition of Joshua Ebert; Deposition of Christine Richard; Deposition of Martha Parissi (filed via facsimile). |
|
Aug. 17, 1999 |
(Respondent) Prehearing Stipulation (filed via facsimile). |
|
Aug. 16, 1999 |
Plaintiff`s Motion to Prohibit Defendant From Calling Witnesses; Prehearing Stipulaiton filed. |
|
Aug. 05, 1999 |
(L. Sands) Notice of Service of Proposed Arbitration Award; Arbitration Award; Disclosure of Updated Information filed. |
|
Jun. 07, 1999 |
Claimants` Form Disclosure w/cover letter filed. |
|
Mar. 22, 1999 |
Notice of Hearing sent out. (hearing set for 8/23/99; 9:00am; Daytona Beach) |
|
Mar. 15, 1999 |
Letter to Judge Sartin from L. Sands Re: Voluntary Binding Arbitration (filed via facsimile). |
|
Mar. 08, 1999 |
Letter to Judge Sartin from F. Pierce Re: Dates not available filed. |
|
Feb. 26, 1999 |
Notice to Provide Information Concerning Availability to Attend the Final Arbitration Hearing sent out. (parties to respond by 3/15/99 with suggested hearing information) |
|
Feb. 26, 1999 |
Order Confirming Arbitration Panel sent out. |
|
Feb. 24, 1999 |
Certificate of Respondents` Arbitrator rec`d |
|
Feb. 18, 1999 |
(W. Chanfrau) Certificate of Claimants` Arbitrator rec`d |
|
Feb. 16, 1999 |
Claimants` Notice of Selection of Arbitrator and Alternate Arbitrators rec`d |
|
Feb. 02, 1999 |
Order Appointing Chief Arbitrator sent out. |
|
Feb. 02, 1999 |
Notice of Applicable Rules and Order Concerning Service of Pleadings sent out. |
|
Feb. 02, 1999 |
Certificate of Chief Arbitrator sent out. |
|
Jan. 25, 1999 |
Joint Request for Arbitration; Cover Letter from L. Sands rec`d |
Orders for Case No: 99-000288MA
