10 Fla. L. Weekly Supp. 533b
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fees — Peer review physician shall be compensated for deposition testimony at hourly rate charged for conducting peer review and preparation of report — If physician can show that peer review work took less than an hour, she can petition for additional fee — Medical provider is ordered to forward prepayment of one hour fee to physician at least 72 hours prior to deposition — Physician will only be entitled to cancellation fee if provider cancels deposition within 72 hours
BARTON LAKE HEALTHCARE CENTER, as assignee of PEDRO SANTIAGO, Plaintiff, vs. NATIONWIDE ASSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-14074. March 4, 2003. Jerry L. Brewer, Judge. Counsel: Alexander Billias, Morgan, Colling and Gilbert, P.A., Orlando, for Plaintiff. Bora S. Kayan, Law Offices of Anthony J. Gonzalez, Jr., Clearwater, for Defendant.
ORDER ON PLAINTIFF’S MOTION TO SET REASONABLE EXPERT WITNESS FEE
THIS CAUSE having come before the Court on February 12, 2003 on Plaintiff’s Motion to Set Reasonable Expert Witness Fee, (certificate date January 23, 2003), the parties appearing through counsel and having presented the following argument:
FACTS AND PROCEDURAL BACKGROUND
1. This personal injury protection litigation involves nonpayment of medical bills by Defendant pursuant to a peer review conducted by Denise K. Griffin, M.D.
2. Plaintiff has scheduled the deposition of Denise K. Griffin, M.D., to take place on April 3, 2003, at Dr. Griffin’s office, which is located at 6101 Webb Road, Suite 210, Tampa, Florida 33615.
3. After scheduling said deposition, Dr. Griffin contacted Plaintiff’s counsel and demanded five-day (5-day) prepayment for one hour of her deposition testimony at the hourly rate of $550.00. In addition, Dr. Griffin asserted that if her deposition “is cancelled for any reason,” she should be entitled to an “administrative fee” in the amount of $200.00.
4. Plaintiff argued that Dr. Griffin’s hourly rate of $550.00 is excessive and that Dr. Griffin is not entitled to prepayment or a deposition cancellation fee from Plaintiff.
5. In support of its position, Plaintiff argued that Dr. Griffin was paid $200.00 by Florida Claims Management to actually perform the peer review and prepare the report at issue in this case and that it is improper for Dr. Griffin to now seek more than twice that amount, in advance, from Plaintiff to simply give testimony regarding the results of the peer review that she has already been compensated for.
6. In addition, Plaintiff argued that this Court recently held that a Board Certified Neurologist, Gordon J. Gilbert, M.D., was only entitled to an hourly rate of $300.00 for his expert deposition testimony regarding a peer review that he had performed. Dr. Gilbert had been seeking an hourly rate of $750.00. Medical Specialties and Diag. Svcs., as assignee of Ana Delgado v. Allstate Ins. Co., 10 Fla. L. Weekly Supp. 112a (Fla. Orange Cty. Ct. 2002).
7. Similarly, Plaintiff argued that this Court also recently held that a Board Certified Medical Doctor, W. Kevin Cox, M.D., was only entitled to an hourly rate of $400.00 for his expert deposition testimony regarding an independent medical examination that he had performed. 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. [Weekly] Supp. 776a (Fla. Orange Cty. Ct. 2002).
8. Plaintiff also argued that Dr. Griffin was not entitled to impose a deposition cancellation fee upon Plaintiff as said fee would not be a taxable cost pursuant to the Statewide Uniform Guidelines for Taxation of Costs in Civil Actions. In addition, another Florida County Court held that Dr. Griffin was not entitled to a deposition cancellation fee. Medical Evaluation Centers, Inc., as assignee of Timothy Mullen vs. State Farm Mut. Auto. Ins. Co., 8 Fla. L. Weekly Supp. 861a 650b (Fla. Hillsborough Cty. Ct. 2001).
9. Lastly, Plaintiff argued that Dr. Griffin was not entitled to prepayment for her deposition testimony as the Florida Rules of Civil Procedure and Florida Statutes, et seq., do not provide for said prepayment.
10. In response, Counsel for Defendant presented the Court with Dr. Griffin’s curriculum vitae and an Order entered by Honorable Gary P. Flower in Duval County Court, wherein Dr. Griffin was awarded $500.00 per hour for her deposition testimony, and an Order entered by Honorable Carl Durrance in Hillsborough County Court, wherein Dr. Griffin was awarded $550.00 per hour for her deposition testimony.LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
11. This Court finds that pursuant to Florida Rule of Civil Procedure 1.390, Dr. Griffin shall be compensated for giving her expert deposition testimony at the same pro rata hourly rate that Florida Claims Management paid Dr. Griffin for actually conducting the peer review and preparing the peer review report at issue in this case. Accordingly, Dr. Griffin shall be paid $200.00 for her one-hour deposition that Plaintiff has scheduled to take place on April 3, 2003, at Dr. Griffin’s office, which is located at 6101 Webb Road, Suite 210, Tampa, Florida 33615.
12. After Dr. Griffin’s deposition takes place on April 3, 2003, if Dr. Griffin can show the Court that she expended less than one hour to actually conduct the peer review and prepare the peer review report at issue in this case, she may petition the Court to award an additional expert witness fee. For instance, if Dr. Griffin can show the Court that she only expended 30 minutes to actually conduct the peer review and prepare the peer review report at issue in this case, the Court will consider awarding Dr. Griffin an additional expert witness fee in the amount of $200.00.
13. Plaintiff shall forward prepayment in the amount of $200.00 to Dr. Griffin no less than 72 hours prior to Dr. Griffin’s deposition, which is scheduled to take place on April 3, 2003.
14. Dr. Griffin is only entitled to a deposition cancellation fee if Plaintiff cancels the deposition within 72 hours of the date of deposition, which is scheduled to take place on April 3, 2003.
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