STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

BERNARD BELZI, individually and as Personal Representative of the Estate of Patricia Belzi, deceased, and as legal guardian and parent of Abigail Belzi, minor,

Claimant,

vs.

PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP, d/b/a PLANTATION GENERAL HOSPITAL,

Defendant.

/

Case No. 15-3711MA

ARBITRATION AWARD

The final arbitration hearing in this case was held before June C. McKinney, Chief Arbitrator; David C. Prather, Arbitrator; and Israel U. Reyes, Arbitrator, on July 26, 28, and 29, 2016, in Fort Lauderdale, Florida.

For Claimants: Robert Kelley, Esquire

Bonnie A. Herrmann-Navin, Esquire Kimberly Wald, Esquire Kelley/Uustal, P.L.C.

500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33301

For Defendant: John W. Mauro, Esquire

Carol Jean Glasgow, Esquire Billing, Cochran, Lyles, Mauro,

and Ramsey, P.A.

SunTrust Center, Sixth Floor

515 East Las Olas Boulevard Fort Lauderdale, Florida 33301

Mark Hicks, Esquire Mary Gniadek, Esquire Hicks, Porter, Ebenfeld,

and Stein, P.A.

799 Brickell Plaza, Suite 900

Miami, Florida 33131

At the conclusion of the arbitration hearing and presentation of all evidence in this proceeding, the following award was unanimously agreed to by all three arbitrators on July 29, 2016, and announced to the parties the same day:

1. Past and Present Money Value of Future Loss of Support:

   
   

   Total $1,395,501.08

   
   

2. Past Loss of Household Services:

   
   

   Total $115,379.00

   
   

3. Present Money Value of Future Loss of Household Services:

Total $1,696,711.20

1. Funeral Expenses Claim:

   
   

   Total $23,385.00

   
   

2. Non-economic damages for 100 Percent Loss of Capacity to Enjoy Life:

1. Bernard Belzi $250,000.00

   
   

2. Abigail Belzi $250,000.00

Total Arbitration Award: $3,730,976.28 The parties have agreed to pay the arbitrators other than

the Chief Arbitrator at the rate of $625.00 per hour. Arbitrator

Prather and Arbitrator Reyes shall submit invoices to Defendant for payment of their time preparing the case, hearing the matter, and deliberating the case, as well as reimbursement costs by August 8, 2016. Defendant shall also pay for the costs of the arbitration proceedings.

Defendant shall also pay Claimant's reasonable attorney’s fees and costs, at 15 percent of the present value of the total award. § 766.207(7)(f)., Fla. Stat.

Defendant stipulated to pay the damages for future economic losses, monies deemed period payments pursuant to section 766.207(7)(c), Florida Statutes, as a lump sum.

Defendant shall pay the arbitration award pursuant to section 766.211.

The panel finds that no evidence was presented as to any medical expenses of any nature whatsoever, and that no portion of this award reflects payment or reimbursement or consideration of any medical expenses.

The rules governing medical malpractice arbitration do not authorize motions for rehearing.

DONE AND ORDERED this 2nd day of August, 2016, in Tallahassee, Leon County, Florida.

S

JUNE C. MCKINNEY

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 2nd day of August, 2016.

COPIES FURNISHED:

Robert Kelley, Esquire Kelley/Uustal, P.L.C.

500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33301 (eServed)

Bonnie A. Herrmann-Navin, Esquire Kelley/Uustal, P.L.C.

500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33301 (eServed)

Kimberly Wald, Esquire Kelley/Uustal, P.L.C.

500 North Federal Highway, Suite 200 Fort Lauderdale, Florida 33301 (eServed)

Carol Jean Glasgow, Esquire Billing, Cochran, Lyles, Mauro,

and Ramsey, P.A.

SunTrust Center, Sixth Floor

515 East Las Olas Boulevard Fort Lauderdale, Florida 33301 (eServed)

John W. Mauro, Esquire

Billing, Cochran, Lyles, Mauro, and Ramsey, P.A.

SunTrust Center, Sixth Floor

515 East Las Olas Boulevard Fort Lauderdale, Florida 33301 (eServed)

Israel U. Reyes, Esquire The Reyes Law Firm, P.A.

1 Alhambra Plaza, Suite 1130 Coral Gables, Florida 33134

David C. Prather, Esquire

Clark, Fountain, LaVista, Prather, Keen, and Littky-Rubin

1919 North Flagler Drive, Suite 200 West Palm Beach, Florida 33407-980

Mark Hicks, Esquire Mary Gniadek, Esquire

Hicks, Porter, Ebenfeld, and Stein, P.A.

799 Brickell Plaza, Suite 900

Miami, Florida 33131 (eServed)

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 administrative appeal with the agency clerk of the Division of Administrative Hearings within 30 days of rendition of the order to be reviewed, and a copy of the notice, accompanied by any filing fees prescribed by law, with the clerk of the District Court of Appeal in the appellate district where the agency maintains its headquarters or where a party resides or as otherwise provided by law.

Docket for Case No: 15-003711MA

Orders for Case No: 15-003711MA