STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BARBARA J. HARVEY, as Personal Representative of the Estate of PERRY C. HARVEY, JR.,

Claimant,

vs.

FLORIDA HEALTH SCIENCES CENTER, INC., d/b/a TAMPA GENERAL HOSPITAL,

Defendant.

/

Case No. 13-1357MA

ARBITRATION AWARD

The final arbitration hearing in this case was held before

1. David Watkins, Chief Arbitrator; Steven A. Strickland, Arbitrator, and Philip J. Spengler, II, Arbitrator, on October 2 and 3, 2013, in Tampa, Florida.

   
   

   For Claimant: Nathaniel W. Tindall, II, Esquire

   The Law Office of Nathaniel W. Tindall, II 4012 North Florida Avenue

   Tampa, Florida 33603

   
   

   For Defendant: Edward J. Carbone, Esquire

   Patricia S. Calhoun, Esquire Carlton Fields, P.A.

   Post Office Box 3239 Tampa, FL 33601-3239

   
   

   AWARD

   
   

   Following the presentation of all evidence in this proceeding, the arbitrators met in person on October 3, 2013, to

   determine an award, which by majority vote of stated below: 1. Funeral and probate expenses:	the	arbitrators is $18,687.73
   2. Present value of loss of net estate accumulations:		$307,663.00
   3. Loss of household services:		$123,700.00
   4. Past and future medical expenses: (by stipulation of the parties)		$0.
   5. Non-economic damages, awarded to Barbara J. Harvey for a 100% loss of capacity to enjoy life:		$250,000.00
   Present value of total award:		$700,050.73

   
   

   6. The parties have agreed to pay the arbitrators, Steven

   1. Strickland and Philip J. Spengler, at the rate of $350.00 per hour. In addition to the days of arbitration hearing, the arbitrators have each spent 10 hours reviewing the evidence and deliberating to reach an award. Accordingly, no later than October 15, 2013, the Defendant shall pay to the arbitrators named above $6,300.00 each. Defendant shall also pay for the costs of the arbitration proceeding, including the cost of the facility.

      
      

      1. The parties have stipulated that reasonable attorney's fees and costs to be paid by the Defendant for the Claimant’s attorney’s fees and costs shall be 15% of the present value of the total award.

         
         

      2. The parties have stipulated and the panel agrees that the Claimant having withdrawn her claim having to do with Medicare conditional payments and no evidence having been presented as to any medical expenses of any nature whatsoever, that no portion of this award reflects payment or reimbursement or consideration of any medical expenses. The matter of subrogation has not been raised nor considered by this panel.

DONE AND ORDERED this 4th day of October, 2013, in Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS, Chief Arbitrator 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 4th day of October, 2013.

COPIES FURNISHED:

Edward J. Carbone, Esquire Carlton Fields, P.A.

4221 West Boy Scout Boulevard, Suite 1000 Post Office Box 3239

Tampa, Florida 33607-5780 ecarbone@carltonfields.com

Nathaniel W. Tindall, Esquire

The Law Office of Nathaniel W. Tindall, II 4012 North Florida Avenue

Tampa, Florida 33603 adrian@ntindall.com

Philip Jay Spengler II, Esquire Ogden and Sullivan, P.A.

113 South Armenia Avenue Tampa, Florida 33609

Steven Strickland, Esquire Stuart & Strickland, P.A.

203 North Armenia Avenue, Suite 102 Tampa, Florida 33609

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 appeal with the Clerk of the Division of Administrative Hearings and a copy, accompanied by filing fees prescribed by law, with the District Court of Appeal, First District, or with the District Court of Appeal in the Appellate District where the party resides. The notice of appeal must be filed within 30 days of rendition of the order to be reviewed.

Docket for Case No: 13-001357MA

Orders for Case No: 13-001357MA