10 Fla. L. Weekly Supp. 845a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — $300 per hour is reasonable hourly rate for peer review physician’s deposition testimony
ALTAMONTE SPRINGS IMAGING, as assignee of ELISABETH ST. CLAIR, Plaintiff, vs. ALLSTATE INDEMNITY COMPANY, Defendant. County Court, 18th Judicial Circuit in and for Seminole County. Case No. 02-CC-3645-20-U. August 15, 2003, nunc pro tunc July 18, 2003. Donald L. Marblestone, Judge. Counsel: Alexander Billias, Morgan, Colling and Baras, P.A., Orlando, for Plaintiff. Brian R. Pink, Cameron, Marriott, Walsh & Hodges, Orlando, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO SET REASONABLE EXPERT WITNESS FEE
THIS CAUSE having come before the Court on July 18, 2003 on Plaintiff’s Motion to Set Reasonable Expert Witness Fee, (certificate date June 6, 2003), and Plaintiff having presented the following argument:FACTS
1. This personal injury protection litigation involves nonpayment of medical bills by Allstate Insurance Company pursuant to a peer review conducted by DAVID H. BARAS, M.D.
2. Plaintiff, ALTAMONTE SPRINGS IMAGING, as assignee of ELISABETH ST. CLAIR, has set the deposition of DAVID H. BARAS, M.D. to take place on June 23, 2003 at 2:30 p.m. regarding a peer review of medical records that was performed by Dr. BARAS at the request of the Defendant Allstate.
3. Dr. BARAS is seeking $550.00 per hour from Plaintiff for his deposition testimony. It is Plaintiff’s position that Dr. BARAS’ hourly rate of $550.00 for giving deposition testimony is excessive.
4. It is Plaintiff’s position that while Dr. BARAS is entitled to an expert witness deposition fee pursuant to Florida Rule of Civil Procedure 1.390, $550.00 per hour is an excessive fee.
PROCEDURAL BACKGROUND
5. Allstate utilized a third-party vendor, Medical File Consultants, Inc., (hereinafter “MFC”), to coordinate the peer review conducted by Dr. Baras.
7. Upon information and belief, MFC paid Dr. Baras in the range of $150.00 to $200.00 to perform the instant peer review and prepare his peer review report.
8. Plaintiff argues it is fundamentally unfair for Dr. Baras to charge MFC, (or Allstate Insurance Company), $150.00 to $200.00 to actually conduct the peer review and prepare his report and then charge Plaintiff $550.00 per hour to simply give deposition testimony regarding the results of the peer review and corresponding report.
9. In support of its position, Plaintiff asserts this Court recently held that a Board Certified Medical Doctor, W. Kevin Cox, M.D., was entitled to an hourly rate of $400.00 for his expert deposition testimony. Dr. Cox had been seeking an hourly rate of $750.00. Colonial Med. Ctr., as assignee of Juan Gonzalez v. Allstate Ins Co., 9 Fla. L. Wkly. Supp. 776a (Fla. Orange Cty. Ct. 2002).
10. Similarly, Plaintiff also argues that chiropractors and medical doctors in Florida are typically awarded hourly rates for deposition testimony in the range of $250.00 to $500.00. In support of its position, Plaintiff cites Longwood Chiropractic Group, on behalf of Robert Demetree, D.C., F.I.A.M.A. v. Progressive Express Ins. Co., 8 Fla. [L. Weekly] Supp. 867a (Fla. Seminole Cty. Ct. 2001); Silva v. State Farm Mut. Auto. Ins. Co., 8 Fla. [L. Weekly] Supp. 650b (Fla. Hillsborough Cty. Ct. 2001); Ducati v. State Farm Mut. Auto. Ins. Co., 9 Fla. [L. Weekly] Supp. 141a (Fla. Pinellas Cty. Ct. 2001); Rivas Therapy Clinic, as assignee of Sonya Hanor v. Allstate Indemnity Co., 9 Fla. [L. Weekly] Supp. 251a (Fla. Hillsborough Cty. Ct. 2002); and Medical Evaluation Ctrs., Inc., as assignee of Timothy Mullen v. State Farm Mutual Auto. Ins. Co., 8 Fla. [L. Weekly] Supp. 861a (Fla. Hillsborough Cty. Ct. 2001).
11. Lastly, Plaintiff asserts that a sister Court has recently awarded a reasonable expert witness deposition hourly fee of $300.00 to a board certified neurologist, Gordon J. Gilbert, M.D., in another peer review denial case against Allstate. Dr. Gilbert had again been seeking an hourly rate of $750.00. Medical Specialties and Diag. Serv., as assignee of Ana Delgado v. Allstate Ins. Co., 10 Fla. L. Wkly. Supp. 112a (Fla. Orange Cty. Ct. 2002).
12. Based on the foregoing, it is Plaintiff’s position that this Court should award Dr. BARAS an hourly rate in an amount less than $300.00 for his expert deposition testimony.
LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
13. This Court finds that $300.00 per hour is a reasonable hourly rate for DAVID H. BARAS, M.D., to be compensated for his expert deposition testimony. Accordingly, the hourly rate to be paid Dr. Baras for his deposition testimony is $300.00.
14. Plaintiff shall bring the check in the amount of $300.00 to the deposition of Dr. BARAS, which is set to take place June 23, 2003 at 2:30 p.m.
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