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Amara Benitez Rodriguez

Portrait of Amara Benitez Rodriguez

Amara is an associate in the Casualty Department where she represents defendants in third-party insurance defense matters concerning negligence, automobile liability, premises liability, construction defect, personal injury and defamation/ libel. Additionally, she has experience handling litigation involving insurance fraud and Special Investigation Unit (SIU) with particular emphasis on large loss fraud and medical provider fraud.  Amara has practiced before both federal and state court judges.

Amara received her juris doctor, cum laude, with a concentration in advocacy from Stetson University College of Law. While in law school, Amara was a member of the nation’s top ranked advocacy program as a member of the Trial Team. During her two years on the team, Amara learned the fundamental skills for advocating in a jury trial and is proud to be a two-time regional champion of the American Association for Justice’s Mock Trial Competition. Her exceptional skills in oral advocacy earned her the invitation for induction into The Order of the Barristers in 2018. Amara was also a member of the Student Bar Association, where she served as vice-president, and Phi Delta Phi.

During law school, Amara worked as a summer associate for the Department of the Navy’s Office of the General Counsel’s Naval Litigation Office. In this role, Amara worked out of the Pentagon and Washington DC Naval Yard defending the United States Navy and Marine Corp in matters concerning breach of military contracts, employment law and environmental law. Amara also interned at the Department of Veterans Affairs Office of General Counsel and the Veterans Law Institute at Stetson. Amara was selected to contribute to an Amicus Brief on Veterans’ Due Process rights to the U.S. Court of Appeals for Veterans Claims due to her dedication to Veterans’ Advocacy.

Prior to law school, Amara attended the University of South Florida, where she earned a B.S. in Health Sciences with concentrations in Biological Health and Mental and Behavioral Health.

Amara is admitted to practice in the State of Florida and Middle District of Florida.

    • Stetson University College of Law (J.D., cum laude, 2018)
    • University of South Florida (B.S., 2014)
    • Florida, 2018
    • U.S. District Court Middle District of Florida, 2019
    • Florida Super Lawyers, Rising Stars (2024-2026)
    • A Proposal for Settlement for All Seasons: Effective Use of the PFS in Florida’s New Legal Landscape, Florida Liability Claims Conference, Lake Buena Visit, FL, June 18, 2025
    • Successfully argued a Motion to Dismiss; a client was accused of negligently supervising an employee, resulting in molestation of a minor. We settled the federal defamation/ libel matter for $11,500 when Plaintiff was demanding $250,000.

Thought Leadership

Defense Digest

Plaintiff Does Not Have to Pay for It and Neither Should You: Preventing Plaintiff’s Introduction of Past Medical Expenses that Have Been Adjusted and/or Written Off by Collateral Source Payments

June 1, 2023

Key Points: Evidence of past medical bill charges that have been paid, adjusted, or written off are not relevant.  Florida case law establishes that Medicare/Medicaid recipients are precluded from showing evidence of medical damages above the Medicare/Medicaid subrogation/lien amount. The principles for limiting evidence of medical damages that have been paid, adjusted, or written off should apply regardless of the source of payment. It is the eve of trial, and evidentiary issues are being evaluated. For attorneys trying personal injury cases, one issue that must be evaluated involves the damages that the plaintiff will be able to present to the jury. Plaintiff’s counsel will inevitably try to present every single last penny charged by medical providers, irrespective of any payments, adjustments, or write-offs. On the other hand, defense counsel is undoubtedly crunching the numbers, trying to determine what bills should be excluded. Everyone knows that the decisions on this issue will have a significant impact on the verdict. Everyone understands what is on the line.  Until recently, Florida plaintiffs essentially had free reign to present to the jury medical bills and charges that were already paid, already adjusted, or even written off. In such a scenario, a jury would award a verdict based on numbers that were more than the amount paid by the insurer, Medicare/Medicaid, or any collateral source, and the verdict amount would be set-off after the fact. However, in 2022, the Florida Supreme Court’s decision in Dial v. Calusa Palms Master Ass’n, Inc., 337 So. 3d 1229, 1232 (Fla. 2022) changed the playing field. The court established that it is proper to prevent the plaintiff from presenting the full charges for past medical expenses that Medicare already paid or were adjusted or written off based on a Medicare/Medicaid payment.  The holding in Dial is founded upon the principle that:  [T]he touchstone for admissibility of medical bills under Florida law is an individual’s obligation to pay them… [w]here a Plaintiff is not obligated to pay the full amount of the medical bills, the full amount of the medical bills becomes irrelevant and should be excluded.  Sensini v. MTD Sw. Inc., 2019 WL 2015957, at *1 (M.D. Fla. Jan 7, 2019). The court explained that Florida Statute 768.76 prohibits any set-off of Medicare/Medicaid benefits and, therefore, a post-verdict set-off for Medicare/Medicaid recipients is not an option.  And so, when a plaintiff is a Medicare/Medicaid recipient, defense attorneys can now successfully argue: The medical providers are prohibited by federal and/or state statute from seeking additional payment after accepting payment from Medicare/Medicaid.  The plaintiff will only ever be liable for the Medicare/Medicaid subrogation/lien amount that corresponds to the payments actually made to the medical providers. The difference between the initial gross charge and the payment amount is not relevant to any issue because the plaintiff will never have to pay that difference and the provider cannot seek payment of that difference from any person or entity.  The plaintiff should be precluded from presenting any evidence of the full charges submitted by providers and should only be allowed to present evidence of the amount Medicare has paid and which the plaintiff may ultimately be responsible for paying. Defense counsel should not be timid in their quest to push for additional limitations on evidence of payments, adjustments, and write-offs that medical providers accept from other collateral sources. Florida policy is clear that “a Plaintiff… is not entitled to recover compensatory damages in excess of the amount which represents the loss actually inflicted by the action of the Defendant.” Dial, 337 So. 3d at 1232. This is a fundamental principle for the recovery of compensatory damages and should apply regardless of the source of the payment.  For cases filed after March 24, 2023, defense counsel will rely on House Bill 837, “Civil Remedies,” which establishes that the evidence offered to prove the amount of damages for past medical bills that have already been satisfied is limited to the evidence of the amount actually paid, regardless of the source of payment. However, for all those very-many cases filed before this monumental tort reform, defense counsel should consider the following: To be admissible, evidence must be relevant; it must tend to prove or disprove a material fact. Charles W. Ehrhardt, Florida Evidence § 402.1, at 222 (2021 ed.).  The inflated gross amount of a charge is irrelevant as a proper measure of compensatory damages because it was subsequently paid by the plaintiff’s collateral source or adjusted and/or written off.  The original charge does not tend to prove or disprove that the claimant has suffered any loss by reason of the charge. Dial, 337 So. 3d at 1232 (citing Thyssenkrupp Elevator Corp. v. Lasky, 868 So. 2d 547, 551 (Fla. 4th DCA 2003)).  Therefore, the plaintiff should be limited to presenting evidence of the amount actually paid.  Whether Florida’s courts will take up the issue of limiting evidence of past medical bills, regardless of the source of payment, for cases filed before House Bill 837 is unknown…after all, the days of it being an issue appear to be numbered. But, Florida courts are inundated with cases that are not subject to House Bill 837, and defense attorneys need to gear up with every tool available to advocate for their clients and prevent excessive awards. *Amara is an associate in our Tampa, Florida, office. She can be reached at 813.898.1820 AXRodriguez@mdwcg.com.       Defense Digest, Vol. 29, No. 2, June 2023, is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. ATTORNEY ADVERTISING pursuant to New York RPC 7.1. © 2023 Marshall Dennehey. All Rights Reserved. This article may not be reprinted without the express written permission of our firm. For reprints, contact tamontemuro@mdwcg.com.

Firm Highlights

Result

No-Cause Jury Verdict Secured in Wrongful Death Trial

We successfully obtained a no-cause jury verdict in a 13-day wrongful death trial. The decedent, a 59-year-old man, was admitted to the emergency room on February 15, 2019, with complaints of abdominal pain, decreased appetite, and constipation, despite the use of laxatives. The patient did not complain of any nausea, vomiting, or diarrhea. He had a significant medical history including diabetes, hypertension, prior coronary artery stenting, morbid obesity (with past gastric bypass surgery), longstanding ventral hernia, and back pain. A CT scan revealed multiple hernias and a potential closed-loop bowel obstruction, leading to a surgery consultation. Our client, an emergency general surgeon, interpreted that the patient did not have a closed loop or any significant obstruction and recommended non-surgical management. The patient was approved to have clear liquids, and had a vomiting incident shortly after, but our client was not notified. The patient was returned to NPO status, and after improving overnight, he was returned to “clears” and additional medical and renal consults were ordered. Our client did not receive any communications from the residents/nurses of any changes in the patient’s condition. On February 18, 2019, two rapid responses were called due to increased heart rate and vomiting. It is believed that the vomiting resulted in aspiration, causing sepsis, ultimately leading to the patient’s death. During the trial, the plaintiff’s sole medical expert highlighted imaging on the wrong hernia, which called into question all of his opinions in the case. We made key objections related to the expert testimony, limiting what the allegations were, and preventing new allegations from being made. After approximately two and a half hours of deliberating, the jury returned a no-cause verdict. 

Thought Leadership

Ohio Supreme Court Holds That a Binding Appraisal Award May Not Be Set Aside Absent Specific Evidence of Manifest Mistake or Fraud

On July 23, 2026, the Ohio Supreme Court issued a rare opinion on the binding effect of an appraisal award in a property insurance policy.  The Court in One Church held: A binding appraisal award will not be set aside unless an error is so palpably wrong that it undermines the intent of the agreement, such as corruption or gross mistake, not a mere error of judgment—To plead a claim of mistake with particularity as required by Civ.R. 9(B), facts alleged in a complaint must constitute the elements of mistake—Allegation that additional, hidden damage was discovered after appraisal award failed to state a claim of mistake that could justify setting aside binding appraisal.  The case arose out of a claim brought by One Church against its insurer, Brotherhood Mutual Insurance Company for roof damage from a storm. Pursuant to the terms of the insurance policy, the parties agreed to submit the matter to appraisal. The two appraisers inspected the building, and both appraisers agreed that the damages were $313,271.98. The insurer paid the agreed appraised amount.  Thereafter, the insured submitted a claim for an additional $206,663.09 in damages. The insured argued that these additional damages were not discovered until after the repairs began, and that they should be permitted to submit an additional claim, even though there had already been a binding appraisal of damages. The insurer refused to pay the additional damages, and the insured sued for breach of contract and bad faith.  In the trial court, the insurer moved to dismiss for failure to state a claim, arguing that the binding appraisal award barred any further claims. The insured took the position that additional hidden damages could not be discovered until after the repairs began, and therefore there was a mutual mistake. The trial court dismissed the case on the insurer’s motion, because there was no “evidence of fraud, misfeasance, or mistake”. The Court of Appeals agreed that appraisal awards are generally binding, but noted that an appraisal award can be set aside for fraud or manifest mistake. The Court of Appeals reversed and remanded the case to the trial court, finding that the insured had pled mistake with sufficient particularity. The insurer appealed to the Ohio Supreme Court. On appeal, the Ohio Supreme Court reversed the Court of Appeals, and reinstated the trial court decision dismissing the case for failure to state a claim upon which relief can be granted. The Supreme Court found that since the insured had already demanded appraisal, and the appraisal award was binding, “something more than error of judgement, such as corruption in the arbitrator, or gross mistake” must be pled with particularity, and proven for the insured to override the appraisal award. Since the complaint did not allege fraud or manifest mistake with sufficient particularity, something more than a mere error of judgment, the complaint was insufficient to state a claim.  The complaint in this case did not challenge the appraisal award. It pled that additional damages were discovered that were not apparent when the appraisal was done. It did not specify “who discovered the damages, how they were discovered, where they were found, why they were previously hidden, or why they rise to the level of a manifest mistake that the “appraiser would have corrected...had it been called to his attention”. Id at ¶22 citing Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970). Cases deciding the effect of appraisal awards are unusual. The Ohio Supreme Court’s decision in One Church relies primarily on 19th century case law for its conclusion. This emphasizes the fact that there is minimal case law deciding the effect of binding appraisal clauses in property insurance policies, and makes this case all the more significant. A lengthy dissent was written by Justice Fisher, who would have affirmed the Court of Appeals decision reversing and remanding the case for a decision on the merits. Of course, the decision works both ways, and an insurer dissatisfied with a binding appraisal award will likewise be without further recourse absent evidence of corruption, fraud, misfeasance, or manifest mistake, which must be pled with particularity. To constitute manifest mistake, “the mistake must be of such character that the arbitrator or appraiser would have corrected it had it been called to his attention.”  Lakewood Mfg. Co. v. Home Ins. Co. of New York, 422 F.2d 796, 798 (6th Cir. 1970).  The majority opinion does not specifically identify what would have been sufficient to plead mistake with particularity, or if the insured could have amended the complaint to overcome the deficiencies. The dissent argues that this was not really a case alleging mistake, but rather a question of contract interpretation. The insured did not challenge the appraisal, but argued that the hidden damage was not part of the appraisal, and the appraisal only covered the known damages.  However, this argument did not carry the day with the majority.  *Thomas F. Glassman, a shareholder in Marshall Dennehey’s Cincinnati office, filed a brief in the Ohio Supreme Court on behalf of the Ohio Association of Civil Trial Attorneys, in support of the insurer’s position.