10 Fla. L. Weekly Supp. 112a
Insurance — Personal injury protection — Discovery — Depositions — Expert witness fee — Reasonable hourly rate for deposition of physician who performed peer review is $300
MEDICAL SPECIALTIES AND DIAGNOSTIC SERVICES, as assignee of ANA DELGADO, Plaintiff, v. ALLSTATE INSURANCE COMPANY, Defendant. County Court, 9th Judicial Circuit in and for Orange County. Case No. CCO-01-18001. December 19, 2002. C. Jeffery Arnold, Judge. Counsel: Alexander Billias, Morgan, Colling and Gilbert, P.A., Orlando, for Plaintiff. Mary Adkins, Cameron, Hodges & Coleman, P.A., Ocala, for Defendant.
ORDER ON PLAINTIFF’S MOTION TOSET REASONABLE EXPERT WITNESS FEE
THIS CAUSE having come before the Court on December 1, 2002 on Plaintiff’s Motion to Set Reasonable Expert Witness Fee, (certificate date November 14, 2002), 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 Gordon J. Gilbert, M.D.
2. On October 16, 2002, Plaintiff took the deposition of Gordon J. Gilbert, M.D. at Dr. Gilbert’s office, which is located at 500 Pasadena Avenue South, St. Petersburg, FL 33707.
3. Pursuant to the deposition transcript, Dr. Gilbert’s deposition commenced at 12:32 p.m. and concluded at 1:38 p.m.
4. Dr. Gilbert is seeking compensation from Plaintiff in the amount of $750.00 per hour for his deposition testimony.
5. It is Plaintiff’s position that while Dr. Gilbert is entitled to an expert witness deposition fee pursuant to Florida Rule of Civil Procedure 1.390, $750.00 per hour is an excessive fee.
PROCEDURAL BACKGROUND
6. Allstate utilized a third-party vendor, Concentra Managed Care, Inc., (hereinafter “Concentra”), to coordinate the peer review conducted by Dr. Gilbert.
7. Concentra paid Dr. Gilbert a total of $130.00 to perform the instant peer review and prepare his peer review report.
8. Plaintiff argues it is fundamentally unfair for Dr. Gilbert to charge Concentra, (or Allstate Insurance Company), $130.00 to actually conduct the peer review and prepare his report and then charge Plaintiff $750.00 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 Hannor 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).
LAW AND ANALYSIS
The Court does hereby ORDER and ADJUDGE as follows:
11. This Court finds that $300.00 per hour is a reasonable hourly rate for Gordon J. Gilbert, M.D., to be compensated for his expert deposition testimony. Accordingly, the hourly rate to be paid Dr. Gilbert for his deposition testimony is $300.00.
12. Plaintiff shall mail a check to Dr. Gilbert in the pro rata amount of $375.00 for the deposition that took place on October 16, 2002.
13. If Dr. Gilbert wishes to petition this Court to award any additional expert witness fees, Dr. Gilbert may forward a letter to the Court and the Court shall set a hearing on this matter. Dr. Gilbert may appear telephonically and pro se at said hearing.
* * *
