Petitioner: TAVEE RUSS
Respondent: INTRACOASTAL HEALTHCARE SYSTEMS, INC., D/B/A GOOD SAMARITAN MEDICAL CENTER
Judges: LINDA M. RIGOT
Agency: Medical Arbitration
Locations: West Palm Beach, Florida
Filed: Dec. 24, 2001
Status: Closed
Recommended Order on Tuesday, August 20, 2002.
Latest Update: Aug. 20, 2002
Summary: Arbitration award of $141,000 was appropriate for loss of tip of right index finger.
01-4901.PDF
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
TAVEE RUSS, )
)
Petitioner, )
)
vs. ) Case No. 01-4901MA
) INTRACOASTAL HEALTHCARE SYSTEMS, ) INC., d/b/a GOOD SAMARITAN )
MEDICAL CENTER, )
)
Respondent. )
)
ARBITRATION AWARD
The final arbitration hearing in this case was held before Linda M. Rigot, Chief Arbitrator; J. Brad Moores, Arbitrator; and Stephen W. Schwed, Arbitrator, on August 16, 2002, in West Palm Beach, Florida.
APPEARANCES
For Claimant: Robert T. Bergin, Jr., Esquire
Robert T. Bergin, P.A.
506 Datura Street, Suite B
West Palm Beach, Florida 33401
For Defendant: Roy R. Watson, II, Esquire
Adams, Coogler, Watson, Merkel, Barry & Kellner, P.A.
NationsBank Tower, Suite 1600
1555 West Palm Beach Lakes Boulevard West Palm Beach, Florida 33402-2069
AWARD
At the conclusion of the arbitration hearing, the following award was agreed to by all three arbitrators and announced on the record pursuant to Section 766.207, Florida Statutes:
Non-economic damages | $100,000 |
Economic damages | 41,000 |
Claimant's attorney's |
|
fees and costs | 21,150 |
Total award $162,150
Defendant Intracoastal Healthcare Systems, Inc., d/b/a Good Samaritan Medical Center shall also pay the costs of the arbitration proceeding, including the fees for Arbitrator Moores and Arbitrator Schwed. By agreement of the parties, Arbitrators Moores and Schwed shall each be paid the sum of $750, for a total amount of $1,500.
DONE AND ENTERED this 20th day of August, 2002, in Tallahassee, Leon County, Florida.
LINDA M. RIGOT
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 20th day of August, 2002.
COPIES FURNISHED:
Robert T. Bergin, Jr., Esquire Robert T. Bergin, Jr., P.A.
506 Datura Street, Suite B
West Palm Beach, Florida 33401
Roy R. Watson, II, Esquire Adams, Coogler, Watson, Merkel,
Barry & Kellner, P.A. NationsBank Tower, Suite 1600 1555 Palm Beach Lakes Boulevard
West Palm Beach, Florida | 33402-2069 |
J. Brad Moores, Esquire Montgomery & Larson, LLP 1016 Clearwater Place West Palm Beach, Florida |
33401 |
Stephen W. Schwed, Esquire Kubicki & Draper, et al.
1645 Palm Beach Lakes Boulevard, No. 1100 West Palm Beach, Florida 33401
Docket for Case No: 01-004901MA
| Issue Date |
Proceedings |
|
Aug. 20, 2002 |
Arbitration Award issued (hearing held August 16, 2002) CASE CLOSED.
|
|
Aug. 16, 2002 |
Subpoena ad Testificandum, M. Munoz filed.
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Aug. 16, 2002 |
Order Confirming Arbitrators issued.
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Aug. 01, 2002 |
Claimant`s Amended Witness and Expert List filed.
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Jul. 31, 2002 |
Defendant`s Notice of Disclosure of Fact and Expert Witnesses (filed via facsimile).
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Jul. 31, 2002 |
Defendant`s Notice of Disclosure of Exhibits (filed via facsimile).
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Jul. 31, 2002 |
Claimant`s Amended Witness and Expert List (filed via facsimile).
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Jul. 31, 2002 |
(Joint) Pre-Hearing Stipulation (filed via facsimile).
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Jul. 31, 2002 |
Claimant`s Witness and Expert List filed.
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Jul. 31, 2002 |
Claimant`s Exhibit List filed.
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Jul. 22, 2002 |
Renotice of Compulsory Physical Examination filed by Defendant.
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Jul. 19, 2002 |
Order Granting Continuance and Re-scheduling Hearing issued (hearing set for August 16, 2002; 9:30 a.m.; West Palm Beach, FL).
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Jul. 18, 2002 |
Notice of Taking Deposition, J. Williams filed.
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Jul. 17, 2002 |
(Proposed) Order Approving Stipulation and Resetting Administrative Hearing filed. |
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Jul. 17, 2002 |
Stipulation for Continuance of Administrative Hearing and Resetting Administrative Hearing filed by R. Bergin, Jr. & R. Watson
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Jul. 15, 2002 |
4th Re-Notice of Taking Telephone Deposition, L. Gordon filed.
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Jul. 15, 2002 |
Renotice of Compulsory Physical Examination filed by Defendant.
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Jul. 12, 2002 |
Notice of Compulsory Physical Examination filed by Respondent
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Jul. 10, 2002 |
2nd Re-Notice of Taking Telephone Deposition, L. Gordon filed.
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Jun. 24, 2002 |
Re-Notice of Taking Telephone Deposition, L. Gordon filed.
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Jun. 03, 2002 |
Notice of Change of Address filed by R. Bergin.
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May 20, 2002 |
Notice of Taking Telephone Deposition, L. Gordon filed.
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Apr. 22, 2002 |
Notice of Hearing issued (hearing set for August 5, 2002; 9:30 a.m.; West Palm Beach, FL).
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Apr. 19, 2002 |
Claimant`s Compliance With Order Concerning Assessment Arbitration filed.
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Apr. 05, 2002 |
Defendant`s Notice of Filing of Acceptance of Appointment as Alternate Arbitrator filed.
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Apr. 05, 2002 |
Defendant`s Notice of Filing of Acceptance of Appointment as Arbitrator filed.
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Apr. 04, 2002 |
Letter to Judge Rigot from R. Watson in reference to telephone conversation of March 28, 2002 filed.
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Apr. 03, 2002 |
Order Concerning Assessment Arbitration issued.
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Apr. 03, 2002 |
Order Confirming Arbitrators issued.
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Apr. 01, 2002 |
Defendant`s Appointment of Arbitrator and Alternate filed.
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Mar. 01, 2002 |
Order issued (the Joint Motion to Change Name is granted).
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Mar. 01, 2002 |
Defendant`s Notice of Selection of Arbitrator filed.
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Feb. 27, 2002 |
Amended Joint Request for Arbitration filed.
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Feb. 27, 2002 |
Joint Motion to Change Name filed.
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Feb. 11, 2002 |
Letter to DOAH from R. Bergin requesting change of case style filed.
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Feb. 11, 2002 |
Defendant`s Notice of Filing Acceptance of Appointment as Alternate Arbitrator filed.
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Feb. 06, 2002 |
Defendant`s Appointment of Arbitrator and Alternate filed.
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Jan. 22, 2002 |
Certificate of Arbitrator filed by B. Moores.
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Jan. 22, 2002 |
Plaintiff`s Notice of Filing Acceptance of Appointment as Claimant`s Alternate Arbitrator filed.
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Jan. 22, 2002 |
Plaintiff`s Notice of Filing Acceptance of Appointment as Claimant`s Arbitrator filed.
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Jan. 22, 2002 |
Claimant`s Appointment of Arbitrator and Alternate filed.
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Jan. 02, 2002 |
Notice Regarding Applicable Rules and Service of Pleadings issued.
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Jan. 02, 2002 |
Certificate of Chief Arbitrator issued.
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Jan. 02, 2002 |
Order Appointing Chief Arbitrator issued.
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Dec. 24, 2001 |
Request for Arbitration filed.
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Orders for Case No: 01-004901MA
| Issue Date |
Document |
Summary |
|
Aug. 20, 2002 |
Recommended Order
|
Arbitration award of $141,000 was appropriate for loss of tip of right index finger.
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