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EVA GREBER, AND HER HUSBAND, ALEX GREBER vs MERIDIAN PAIN AND DIAGNOSTICS, D/B/A MERIDIAN MEDSPA AND RONALD DEMEO, M.D., 17-002536MA (2017)

Court: Division of Administrative Hearings, Florida Number: 17-002536MA Visitors: 3
Petitioner: EVA GREBER, AND HER HUSBAND, ALEX GREBER
Respondent: MERIDIAN PAIN AND DIAGNOSTICS, D/B/A MERIDIAN MEDSPA AND RONALD DEMEO, M.D.
Judges: JUNE C. MCKINNEY
Agency: Medical Arbitration
Locations: Coral Gables, Florida
Filed: Apr. 27, 2017
Status: Closed
DOAH Final Order on Monday, April 23, 2018.

Latest Update: Mar. 15, 2019
Summary: Arbritration award established consistent with Medication Malpractice Act.
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STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS


EVA GREBER, AND HER HUSBAND, ALEX GREBER,



vs.

Claimants,


Case No. 17-2536MA


MERIDIAN PAIN AND DIAGNOSTICS, d/b/a MERIDIAN MEDSPA AND RONALD DEMEO, M.D.,


Defendants.

/


ARBITRATION AWARD


The final arbitration hearing in this case was held before June C. McKinney, Chief Arbitrator; Gary Fox, Arbitrator; and Eugene Pettis, Arbitrator, on April 16 and 17, 2018, in Coral Gables, Florida.


For Petitioner: Kenneth J. Bush, Esquire

Kenneth J. Bush, P.A.

2100 Salzedo Street, Suite 303 Coral Gables, Florida 33134


For Respondent: Carlos A. Velasquez, Esquire

Velasquez, Dolan, & Arias, P.A.

101 North Pine Island Road, Suite 201 Plantation, Florida 33324


At the conclusion of the arbitration hearing and presentation of all evidence, the following award was unanimously agreed to by all three arbitrators on April 17, 2018, and announced to the parties the same day:


Non-economic Damages for Loss of Capacity to Enjoy Life:


  1. Eva Greber $110,000.00


  2. Alex Greber $15,000.00


Total Arbitration Award: $125,000.00


The parties have agreed to pay Arbitrator Fox and Arbitrator Pettis at the rate of $5,000.00 per day. Accordingly, no later than May 14, 2016, Meridian Pain and Diagnostics, d/b/a Meridian Medspa and Ronald Demeo, M.D., shall pay each arbitrator named above, other than the Chief Arbitrator, $5,000.00 each.


The Arbitration Panel determined that the reasonable attorney's fees and costs to be paid by the Defendants for the Claimants' attorney’s fees and costs shall be 15% of the present value ($18,750.00) of the total award.


At the conclusion of the arbitration hearing, the parties had not finalized costs. The Defendants shall pay for the costs of the arbitration proceeding. The parties shall have ten days from the date of this Order to notify the undersigned in writing whether an agreement has been reached regarding costs. If no resolution has been reached, the parties shall file a joint status report, which shall include their agreement as to how and when to re-convene the arbitration so that the panel can determine the costs to be paid by the Defendants.


DONE AND ORDERED this 23th day of April, 2018, 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 23rd day of April, 2018.


COPIES FURNISHED:


Kenneth J. Bush, Esquire Kenneth J. Bush, P.A.

2100 Salzedo Street, Suite 303 Coral Gables, Florida 33134 (eServed)


Carlos A. Velasquez, Esquire Velasquez, Dolan, & Arias, P.A.

101 North Pine Island Road, Suite 201 Plantation, Florida 33324

(eServed)


Gary Fox, Esquire

Stewart, Tilghman, Fox, P.A.

One Southeast Third Avenue, Suite 3000 Miami, Florida 33131

(eServed)


Eugene K. Pettis, Esquire Haliczer, Pettis, and Schwamm, P.A. One Financial Plaza, Seventh Floor

100 Southeast Third Avenue Fort Lauderdale, Florida 33394 (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: 17-002536MA
Issue Date Proceedings
Mar. 15, 2019 Transmittal letter from Claudia Llado forwarding Claimants' Exhibit 5 to Claimants.
Nov. 06, 2018 Transmittal letter from Claudia Llado forwarding Defendant's Exhibits numbered 1-13, to Defendant.
Nov. 06, 2018 Transmittal letter from Claudia Llado forwarding Claimants' Exhibits to Claimants.
Sep. 04, 2018 BY ORDER OF THE COURT: Joint stipulation for dismissal is recognized by the Court, and this administrative appeal from the Florida Division of Administrative Hearings is hereby dismissed
Aug. 29, 2018 The joint stipulation for dismissal is recognized by the Court, and the administrative appeal is hereby dismissed filed.
Jul. 19, 2018 Letter to Mary Banks from Robert Williams regarding enclosed exhibit filed.
Jul. 19, 2018 Index, Record, and Certificate of Record sent to the Third District Court of Appeal.
Jul. 12, 2018 Corrected Index (of the Record) sent to the parties of record.
Jul. 10, 2018 Trial Tr. Vol V - 041718 filed.
Jul. 10, 2018 Trial Tr. Vol IV - 041718 filed.
Jul. 10, 2018 Trial Tr. Vol III - 041618 filed.
Jul. 10, 2018 Trial Tr. Vol II - 041618 filed.
Jul. 10, 2018 Trial Tr. Vol I - 041618 filed.
Jul. 10, 2018 Defendants' Notice of Filing Arbitration Transcript filed.
Jun. 11, 2018 Invoice for the record on appeal mailed.
Jun. 11, 2018 Index (of the Record) sent to the parties of record.
Jun. 06, 2018 Petition for Enforcement of Arbitration Award and Entry of Final Judgment filed.
May 15, 2018 Acknowledgment of New Case, Third DCA Case No. 3D18-966 filed.
May 15, 2018 Notice of Administrative Appeal filed and Certified copy sent to the Third District Court of Appeal this date.
May 01, 2018 Withdrawal of Motion for Assessment of Costs filed.
Apr. 27, 2018 Notice of Agreement on Costs filed.
Apr. 24, 2018 Motion for Assessment of Costs filed.
Apr. 24, 2018 Defendants' Exhibits Presented at Arbitration filed (exhibits not available for viewing).
Apr. 23, 2018 Arbitration Award (hearing held April 16 and 17, 2018). CASE CLOSED.
Apr. 20, 2018 Claimants' Proposed Exhibits filed (exhibits not available for viewing).
Apr. 17, 2018 CASE STATUS: Hearing Held.
Apr. 16, 2018 CASE STATUS: Hearing Partially Held; continued to April 17, 2018.
Apr. 16, 2018 Notice of Filing Deposition Designation of Witness Dr. M. Zaiac filed.
Apr. 16, 2018 Defendant's Notice of Filing Transcript and Exhibits of the Deposition of Martin Zaiac, M.D. filed.
Apr. 16, 2018 Motion in Limine to Exclude Testimony Pertaining to Usage of Silicone filed.
Apr. 13, 2018 Motion To Strike Witnesses filed.
Apr. 13, 2018 Corrected Motion in Limine to Exclude Testimony from Dr. Zaiac Which is Irrelevant, Speculative, and/or Immaterial under the Rules of Evidence filed.
Apr. 13, 2018 Motion in Limine to Exclude Testimony from Dr. Zaiac Which is Irrelevant, Speculative, and/or Immaterial under the Rules of Evidence filed.
Apr. 12, 2018 Notice of Filing Deposition Designation of Witness Dr. J. Wile filed.
Apr. 12, 2018 Defendants' Notice of Filing Transcript and Exhibits of the Deposition of Michael James Wile, M.D. filed.
Apr. 12, 2018 Defendants' Pre-arbitration Stipulation filed.
Apr. 11, 2018 (Amended) Pre-hearing Stipulation filed.
Apr. 11, 2018 Pre-hearing Stipulation filed.
Mar. 27, 2018 Notice of Taking of Video Teleconference Deposition Duces Tecum filed.
Mar. 22, 2018 Defendants' Amended Notice of Taking Deposition Duces Tecum and Designation of Deposition for Arbitration filed.
Mar. 21, 2018 Amended Notice of Taking of Deposition Duces Tecum filed.
Mar. 20, 2018 Arbitration Memorandum and Incorporated Motion to Strike filed.
Mar. 20, 2018 Defendants' Notice of Taking Deposition Duces Tecum and Designation of Deposition for Arbitration filed.
Mar. 20, 2018 Notice of Taking of Deposition Duces Tecum filed.
Mar. 20, 2018 Notice of Taking Deposition Duces Tecum filed.
Mar. 16, 2018 Defendants' Notice of Filing Expert Witness, Fact Witness and Exhibit Lists filed.
Feb. 21, 2018 Re-notice of Taking of Deposition Duces Tecum filed.
Feb. 20, 2018 Notice of Taking of Deposition Duces Tecum filed.
Jan. 29, 2018 Order Rescheduling Arbitration Hearing (hearing set for April 16 and 17, 2018; 9:30 a.m.; Coral Gables, FL).
Jan. 23, 2018 Notice of Compliance with Court Order filed.
Jan. 23, 2018 Defendants' Notice of Compliance filed.
Jan. 17, 2018 Order Granting Continuance (parties to advise status by January 23, 2018).
Jan. 16, 2018 Notice of Cancellation of Deposition Duces Tecum filed.
Jan. 16, 2018 Defendants' Motion for Continuance filed.
Jan. 16, 2018 Defendants' Amended Cross-Notice of Taking Deposition filed.
Jan. 11, 2018 Notice of Taking Deposition Duces Tecum filed.
Jan. 05, 2018 Notice of Cancellation of Deposition Duces Tecum filed.
Dec. 22, 2017 Defendants' Cross-Notice of Taking Video Deposition filed.
Dec. 22, 2017 Defendants' Cross-Notice of Taking Deposition filed.
Dec. 22, 2017 Notice of Taking Deposition Duces Tecum filed.
Dec. 22, 2017 Notice of Taking Videotaped Deposition Duces Tecum filed.
Dec. 18, 2017 Order Granting Motion to Strike.
Dec. 11, 2017 Motion to Strike filed.
Dec. 08, 2017 Defendants' Notice of Compliance filed.
Dec. 05, 2017 Defendants' Notice of Serving Proposal for Settlement filed.
Dec. 05, 2017 Defendants' Notice of Serving Proposal for Settlement filed.
Dec. 01, 2017 Order on Defendants' Motion to Show Cause.
Nov. 30, 2017 Request for Copies filed.
Nov. 29, 2017 Defendants' Notice of Intent to Serve Subpoena Duces Tecum Under Rule 1.351 for the Production of Documents and Things without Deposition filed.
Nov. 29, 2017 Order (granting request for court order).
Nov. 29, 2017 Response to Defendants' Motion for Rule to Show Cause filed.
Nov. 29, 2017 Defendants' Response to Plaintiffs' Request for Court Order filed.
Nov. 28, 2017 Request for Copies filed.
Nov. 28, 2017 Request for Court Order filed.
Nov. 28, 2017 Defendants' Notice of Intent to Serve Subpoena Duces Tecum under Rule 1.351 for the Production of Documents and Things without Deposition filed.
Nov. 17, 2017 Defendants' Motion to Show Cause filed.
Nov. 08, 2017 Request for Compulsory Medical Examination filed.
Nov. 06, 2017 Defendants' Notice of Compliance filed.
Oct. 17, 2017 Request for Copies filed.
Oct. 16, 2017 Defendants' Notice of Intent to Serve Subpoena Duces Tecum Under Rule 1.351 for the Production of Documents and Things without Deposition filed.
Sep. 26, 2017 Notice of Service of Responses to Second Request for Production filed.
Aug. 31, 2017 Defendant's Re-Notice of Taking Deposition filed.
Aug. 31, 2017 Request for Copies filed.
Aug. 30, 2017 Defendants' Second Request for Production Propounded to Plaintiff Eva Greber filed.
Aug. 29, 2017 Defendant's Notice of Intent to Serve Subpoena Duces Tecum under Rule 1.351 for the Production of Documents and Things without Deposition filed.
Aug. 23, 2017 Request for Copies filed.
Aug. 18, 2017 Defendants' Notice of Intent to Serve Subpoena Duces Tecum under Rule1.351 for the Production of Documents and Things without Deposition filed.
Jul. 31, 2017 Notice of Service of Reponses to Request for Production filed.
Jul. 31, 2017 Notice of Service of Answers to Defendants' Consortium Interrogatories filed.
Jul. 31, 2017 Notice of Service of Answers to Interrogatories filed.
Jul. 14, 2017 Order Rescheduling Arbitration Hearing (hearing set for February 1 and 2, 2018; 9:30 a.m.; Coral Gables, FL).
Jul. 14, 2017 Compliance with Order Concerning Assessment Arbitration filed.
Jul. 13, 2017 Defendants' Notice of Taking Depositions filed.
Jul. 10, 2017 Order Granting Continuance (parties to advise status by July 21, 2017).
Jun. 27, 2017 Motion to Continue filed.
Jun. 23, 2017 Notice of Arbitration Hearing (hearing set for November 6 and 7, 2017; 9:30 a.m.; Coral Gables, FL).
Jun. 22, 2017 Amended Compliance with Order Concerning Assessment Arbitration filed.
Jun. 22, 2017 Compliance with Order Concerning Assessment Arbitration filed.
Jun. 15, 2017 Defendants' Notice of Propounding Consortium Interrogatories to Plaintiff Alex Greber filed.
Jun. 15, 2017 Defendants' Request for Production Propounded to Plaintiff Eva Greber filed.
Jun. 15, 2017 Defendants' Notice of Propounding Interrogatories to Plaintiff Eva Greber filed.
Jun. 02, 2017 Order Confirming Arbitrators.
Jun. 01, 2017 Order Concerning Assessment Arbitration.
Jun. 01, 2017 Notice of Filing Certificate of Alternate Arbitration filed.
May 31, 2017 Corrected Notice of Filing Certificate of Arbitration filed.
May 31, 2017 Notice of Filing Certificate of Arbitration filed.
May 30, 2017 Order Granting Extension of Time to Name Arbitrator.
May 26, 2017 Notice of Designation of E-mail Addresses Pursuant to Rule 2.516 filed.
May 26, 2017 Reply to Claimants' Opposition filed.
May 26, 2017 Opposition to Defendants' Motion for Extension of Time filed.
May 25, 2017 Defendants' Motion for an Extension of Time to Name Arbitrator filed.
May 23, 2017 Notice of Filing Certificate of Alternate Arbitrator filed.
May 09, 2017 Notice of Filing Certificate of Arbitrator filed.
May 01, 2017 Notice Regarding Applicable Rules and Service of Pleadings.
May 01, 2017 Certificate of Chief Arbitrator.
May 01, 2017 Order Appointing Chief Arbitrator.
Apr. 27, 2017 Request for Arbitration filed.

Orders for Case No: 17-002536MA
Issue Date Document Summary
Aug. 29, 2018 Opinion
Apr. 23, 2018 DOAH Final Order Arbritration award established consistent with Medication Malpractice Act.
Source:  Florida - Division of Administrative Hearings

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