Petitioner: FRAN HILL, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF ELBRIDGE GERRY HALL, DECEASED
Respondent: GUILLERMO SANABRIA, M.D., AND PUPELLO, BESSONE, LOPEZ-CUENCA & GLATTERER, M.D.`S. P.A.
Judges: LINDA M. RIGOT
Agency: Medical Arbitration
Locations: Orlando, Florida
Filed: Nov. 08, 1999
Status: Closed
DOAH Final Order on Wednesday, July 19, 2000.
Latest Update: Mar. 23, 2001
Summary: An adult child and an estate are not proper claimants under the medical malpractice act and are not survivors under the wrongful death act.
99-4673.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
FRAN HALL, as Personal ) Representative of the Estate of ) ELBRIDGE GERRY HALL, deceased, )
)
Claimant, )
)
vs. ) Case No. 99-4673MA
) GUILLERMO SANABRIA, M.D., and ) PUPELLO, BESSONE, LOPEZ-CUENCA ) & GLATTERER, M.D.s, P.A., )
)
Defendants. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Linda M. Rigot, Chief Arbitrator; Lawrence O. Sands, Arbitrator; and Alton G. Pitts, Arbitrator, on July 13 and 14, 2000, in Orlando, Florida.
APPEARANCES
For Claimants: Dan H. Honeywell, Esquire
Council Wooten, Esquire Wooten, Honeywell & Kest, P.A. Post Office Box 568188 Orlando, Florida 32856-8188
For Defendants: Gary H. Rushmer, Esquire
Deborah Gallagher Warner, Esquire Fisher, Rushmer, et al.
Post Office Box 712
Orlando, Florida 32802-0712
AWARD
At the conclusion of the arbitration hearing, the following award was announced on the record pursuant to Section 766.207, Florida Statutes:
Charles S. Hall
Non-economic damages $ 0.00
Economic damages $ 0.00 Estate of Elbridge Gerry Hall
Non-economic damages $ 0.00 Economic damages
Medical bills |
| $ 24,048.23 |
Loss of earning | capacity | $ 20,000.00 |
| Total | $ 44,048.23 |
Martha Frances Hall |
|
|
Non-economic damages |
| $150,000.00 |
Economic damages |
|
|
Loss of services |
| $110,049.00 |
Funeral expenses |
| $ 669.00 |
Health insurance | premiums |
|
Past |
| $ 5,728.00 |
Future |
| $ 25,746.00 |
Loss of Social Security and
Retirement benefits $ 8,333.00
Total $300,525.00
Total Arbitration Award $344,573.23
It was further the agreement of the parties that the Claimant's attorneys shall receive the amount of 15 percent of the total award, which is $51,685.95. It was further the agreement of the parties that arbitrators Sands and Pitts shall be paid the sum of $1,000 per day, for a total amount of $4,000.
It was the unanimous decision of the arbitrators that the adult son does not qualify as a claimant under the medical malpractice statutes and does not qualify as a survivor under the wrongful death act. Therefore, the adult son had no cause of action in this proceeding.
It was further the unanimous decision of the arbitrators that neither the wrongful death act nor the medical malpractice statutes provide for non-economic damages to be awarded to an estate.
DONE AND ENTERED this 21st day of July, 2000, in Tallahassee, Leon County, Florida.
LINDA M. RIGOT, 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.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 2000.
COPIES FURNISHED:
Dan H. Honeywell, Esquire Council Wooten, Esquire Wooten, Honeywell & Kest, P.A. Post Office Box 568188 Orlando, Florida 32856-8188
Gary H. Rushmer, Esquire
Deborah Gallagher Warner, Esquire Fisher, Rushmer, et al.
Post Office Box 712
Orlando, Florida 32802-0712
Alton G. Pitts, Esquire
401 West Colonial Drive, Suite 2 Orlando, Florida 32804
Lawrence O. Sands, Esquire Post Office Box 2010
Daytona Beach, Florida 32115
Docket for Case No: 99-004673MA
| Issue Date |
Proceedings |
|
Mar. 23, 2001 |
Case Files Returned to Mr.Dan Honeywell in Orlando, Fl. |
|
Aug. 25, 2000 |
Order issued. (Plaintiff`s Motion to Tax Costs of Arbitration Proceeding is denied) |
|
Aug. 24, 2000 |
Plaintiff`s Reply to Defendant`s Motion to Plaintiff`s Motion to Tax Cost of Arbitration Proceeding (filed via facsimile). |
|
Aug. 23, 2000 |
Defendant`s Response to Plaintiff`s Motion to Tax Cost of Arbitration Proceedings with Attached Affidavit of Costs (filed via facsimile). |
|
Aug. 07, 2000 |
Plaintiff`s Motion to Tax Costs of Arbitration Proceeding with Attached Affidavit of Costs (filed via facsimile). |
|
Jul. 31, 2000 |
Notice of Filing; Transcript of Proceedings; Deposition of Gary Gerstenblith; Deposition of Michael Cheatham filed. |
|
Jul. 19, 2000 |
Arbitration Award issued. CASE CLOSED.
|
|
Jul. 19, 2000 |
Dissent of Arbitrator, Larry Sands filed. |
|
Jul. 19, 2000 |
Box of Exhibits with cover letter (Def #4-1, 4-2, & 3, Cl`s #4) filed. |
|
Jul. 13, 2000 |
CASE STATUS: Hearing Held; see case file for applicable time frames. |
|
Jul. 13, 2000 |
Transcript of Proceedings (1 Vol) filed. |
|
Jul. 13, 2000 |
Claimants` Proposed Arbitrator Instructions. (filed via facsimile) |
|
Jul. 13, 2000 |
Plaintiff`s Proposed Arbitration Award. (filed via facsimile) |
|
Jul. 13, 2000 |
Plaintiff`s Memorandum of Law Regarding the Elements of Damages to be Awarded to Each of the Claimants Pursuant to Florida Statute 766.207, Regarding Voluntary Binding Arbitration of Medical Negligence Claims filed. |
|
Jul. 13, 2000 |
Claimants` Proposed Arbitrator Instructions; Arbitration Award (filed by Petitioner via facsimile) |
|
Jul. 12, 2000 |
Order Confirming Alternate Arbitrator sent out. |
|
Jun. 21, 2000 |
Amended Notice of Taking Video Deposition-G. Gerstenblith filed. |
|
Jun. 14, 2000 |
Notice of Arbitration Hearing sent out. (hearing set for July 13 and 14, 2000; 9:00 a.m.; Orlando, Fl.) |
|
Jun. 13, 2000 |
Notice of Hearing sent out. (hearing set for July 13 and 14, 2000; 9:00 a.m.; Orlando, FL) |
|
Jun. 12, 2000 |
Plaintiff`s Amended Medical Malpractice Arbitration Witness List filed. |
|
Jun. 12, 2000 |
Defendants` List of Witnesses for Arbitration Hearing filed. |
|
Jun. 08, 2000 |
Notice of Taking Video Deposition (Gary Gerstenblith) filed. |
|
Jun. 02, 2000 |
Joint Petition Regarding Arbitration Hearing Date filed. |
|
May 31, 2000 |
Joint Petition Regarding Arbitration Hearing Date (filed via facsimile). |
|
May 24, 2000 |
Joint motion for Additional Time to Determine New Arbitration Hearing Date filed. |
|
May 23, 2000 |
Order sent out. (parties shall provide mutually-agreeable dates for re-scheduling final hearing by 5/31/2000) |
|
May 22, 2000 |
Joint Motion for Additional Time to Determine New Arbitration Hearing Date (filed via facsimile). |
|
May 10, 2000 |
Order sent out. (hearing cancelled, parties to advise status by 05/20/2000) |
|
May 08, 2000 |
Defendants` Response to Plaintiff`s/Claimant`s Motion for Continuance (filed via facsimile). |
|
May 08, 2000 |
Claimant`s Notice of Filing Plaintiff/Claimant`s Motion for Continuance; Plaintiff/Claimant`s Motion for Continuance (filed via facsimile). |
|
May 05, 2000 |
Order sent out. (plaintiff`s motion to strike defendants` medical/legal expert witnesses is denied, defendants` motion to compel discovery is granted, claimant/plaintiff`s motion for extension of time for filing claimant`s statement of attorney`s fees is |
|
May 05, 2000 |
(D. Honeywell, G. Rushmer) Pre-Hearing Stipulation Pursuant to 60Q-3.022 Medical Malpractice Arbitration Rules (filed via facsimile). |
|
May 04, 2000 |
Claimant/Plaintiff`s Motion for Extension of Time for Filing Claimant`s Statement of Attorneys` Fees Pursuant to 60Q-3.023 filed. |
|
May 04, 2000 |
Defendants` Proposed Arbitration Award (For Judge Signature) ; Notice of Filing Defendants` Proposed Arbitration Award filed. |
|
May 04, 2000 |
Notice of Filing Defendants` Updated Form Disclosure; Defendants` Updated Form Disclosure; Defendants` Witness List filed. |
|
May 03, 2000 |
(G. Rushmer) Notice to Produce at Arbitration filed. |
|
May 03, 2000 |
Defendants` Response to Plaintiff`s Reply Re Plaintiff`s Motion to Strike Defendants` Experts filed. |
|
May 03, 2000 |
Defendants` Memorandum of Law (filed via facsimile). |
|
May 03, 2000 |
(G. Rushmer) Notice to Produce at Arbitration filed. |
|
May 02, 2000 |
Notice of Filing Defendants` Proposed Arbitration Award; Defendants` Proposed Arbitration Award (For Judge Signature) (filed via facsimile). |
|
May 02, 2000 |
Defendants` Response to Plaintiff`s Reply Re Plaintiff`s Motion to Strike Defendants` Experts; Deposition of: William Robert Anderson, M.D. filed. |
|
May 02, 2000 |
(G. Rushmer) Notice of Filing Defendants` Updated Form Disclosure; Defendants` Updated Form Disclosure (filed via facsimile). |
|
Apr. 28, 2000 |
Plaintiff`s Reply to Defendant`s Response to Plaintiff`s Motion to Strike Defendants` Medical/Legal Expert Witnesses (filed via facsimile). |
|
Apr. 28, 2000 |
Defendants` Motion to Compel Discovery filed. |
|
Apr. 26, 2000 |
Plaintiff`s Proposed Arbitration Award (filed via facsimile). |
|
Apr. 26, 2000 |
Plaintiff`s Notice of Taking Deposition of Expert Witness Duces Tecum filed. |
|
Apr. 26, 2000 |
Notice of Filing Defendants` Witness List filed. |
|
Apr. 24, 2000 |
(G. Rushmer) Notice of Service of Amended Answers to Interrogatories (As to Interrogatory #4) filed. |
|
Apr. 24, 2000 |
Defendants` Response to Plaintiff`s Motion to Strike Defendants` Expert Witnesses filed. |
|
Apr. 19, 2000 |
(G. Rushmer) Notice of Taking Telephonic Deposition Duces Tecum filed. |
|
Apr. 19, 2000 |
Plaintiff`s Amended Notice of Taking Deposition of Expert Witness Duces Tecum (as to location only) filed. |
|
Apr. 18, 2000 |
Plaintiff`s Amended Notice of Taking Deposition of Expert Witness Duces Tecum (as to location only) filed. |
|
Apr. 17, 2000 |
Plaintiff`s Motion to Strike Defendants` Medical/Legal Expert Witnesses; (2) Plaintiff`s Notice of Taking Deposition of Expert Witness Duces Tecum filed. |
|
Apr. 13, 2000 |
Plaintiff`s Amended Notice of Taking Deposition Duces Tecum filed. |
|
Apr. 12, 2000 |
Defendants` Amended Response to Plaintiff`s First Request for Admissions to Defendants filed. |
|
Apr. 12, 2000 |
Plaintiff`s Amended Notice of Taking Deposition of Duces Tecum filed. |
|
Apr. 10, 2000 |
(G. Rushmer) Notice of Taking Deposition Duces Tecum; Subpoena for Deposition Duces Tecum filed. |
|
Apr. 10, 2000 |
Plaintiff`s Amended Notice of Taking Deposition of Expert Witness Duces Tecum filed. |
|
Apr. 10, 2000 |
Plaintiff`s Notice of Deposition for Use at Trial filed. |
|
Apr. 07, 2000 |
Plaintiff`s Notice of Taking Deposition of Duces Tecum; Plaintiff`s Notice of Taking Deposition of Expert Witness Duces Tecum filed. |
|
Apr. 06, 2000 |
Defendants` Response to Plaintiff`s First Request for Admissions to Defendants filed. |
|
Apr. 05, 2000 |
(G. Rushmer) Notice of Taking Deposition Duces Tecum; Subpoena for Deposition Duces Tecum filed. |
|
Apr. 05, 2000 |
Plaintiff`s Objections to Defendants` Interrogatories; Plaintiff`s Objections to Defendants` Second and Third Supplemental Requests to Produce filed. |
|
Apr. 04, 2000 |
Plaintiff`s Objections to Defendants` Interrogatories; Plaintiff`s Objections to Defendants` Second and Third Supplemental Requests to Produce filed. |
|
Apr. 03, 2000 |
(G. Rushmer) Notice of Service of Answers to Interrogatories filed. |
|
Mar. 31, 2000 |
Claimant`s Notice of Filing and Service of Claimant`s Form Disclosure; Claimant`s Form Disclosure (filed via facsimile). |
|
Mar. 30, 2000 |
(G. Rushmer) Notice of Filing Defendants` Form Disclosure; Defendant`s Form Disclosure filed. |
|
Mar. 29, 2000 |
Defendants` Response to Plaintiff`s Request to Produce; Third Supplemental Request to Produce to Plaintiff filed. |
|
Mar. 27, 2000 |
Claimant`s Mandatory Disclosure Before Assessment Arbitration w/exhibits filed. |
|
Mar. 16, 2000 |
Plaintiff`s Addendum to Response to Request for Production filed. |
|
Mar. 15, 2000 |
Plaintiff`s Response to Supplemental Request for Production; Plaintiff`s Addendum to Response to Request for Production filed. |
|
Mar. 10, 2000 |
Order sent out. (the amended motion for extension of time for filing claimant`s form disclosure is granted; claimant`s form disclosure shall be filed by March 30, 2000 |
|
Mar. 09, 2000 |
(D. Honeywell) Amended Motion for Extension of Time for Filing Claimant`s Mandatory Disclosure Pursuant to 60Q-3.021(1); Amended Motion for Extension of filed. |
|
Mar. 08, 2000 |
Claimant`s Notice of Service of Claimant`s Interrogatories to Defendant(s); Plaintiff`s Request to Produce to Defendant(s) filed. |
|
Feb. 29, 2000 |
(D. Honeywell) Motion for Extension of Time for Filing Claimant`s Mandatory Disclosure Pursuant to 60Q-3.021(1); Motion for Extension of Time for Filing Claimant`s Form Disclosure Pursuant to 60Q-3.021(2) filed. |
|
Jan. 26, 2000 |
Notice of Arbitration Hearing sent out. (hearing set for May 16 and 17, 2000; 9:30am; Orlando) |
|
Jan. 26, 2000 |
Order of Pre-hearing Instructions sent out. |
|
Jan. 24, 2000 |
All Parties` Notice of Compliance With Order Concerning Assessment Arbitration filed. |
|
Jan. 21, 2000 |
All Parties` Notice of Compliance With Order Concerning Assessment Arbitration (filed via facsimile). |
|
Jan. 11, 2000 |
Order Confirming Arbitrators sent out. |
|
Jan. 11, 2000 |
Order Concerning Assessment Arbitration sent out. (parties shall file response by 1/21/00) |
|
Dec. 28, 1999 |
(G. Rushmer) Notice of Filing Certificates of Arbitrators; Certificate of Arbitrator; Certificate of Alternate Arbitrator filed. |
|
Dec. 08, 1999 |
Defendants` Designation of Arbitrators filed. |
|
Dec. 02, 1999 |
Claimant`s Notice of Designation of Arbitrators; Certificate of Arbitrator; (3) Certificate of Alternate Arbitrator filed. |
|
Nov. 12, 1999 |
Certificate of Chief Arbitrator sent out. |
|
Nov. 12, 1999 |
Notice of Applicable Rules and Order Concerning Services of Pleadings sent out. |
|
Nov. 12, 1999 |
Order Appointing Chief Arbitrator sent out. |
|
Nov. 08, 1999 |
Request for Arbitration; Plaintiff`s Notice of Intent to Initiate Litigation for Medical Malpractice; Corroboration of Reasonable Grounds to Initiate Medical Negligence Litigation filed. |
Orders for Case No: 99-004673MA
| Issue Date |
Document |
Summary |
|
Jul. 19, 2000 |
DOAH Final Order
|
An adult child and an estate are not proper claimants under the medical malpractice act and are not survivors under the wrongful death act.
|
