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

Orders for Case No: 17-002536MA