Christopher Costello was a professional baseball player who played for two Florida-based minor league affiliates of the
Minnesota Twins (the “Twins”). In March 2019, the Twins arranged for Costello to undergo a medical evaluation in Ft. Myers to determine if he was medically fit to participate in the Twins’ spring training program. Dr. David Olson, a sports medicine physician, performed the evaluation. As part of the evaluation, Costello underwent a series of tests, including an electrocardiogram (“EKG”). Costello’s EKG revealed abnormalities and indicated that Costello required further evaluation before he could be cleared to participate in strenuous activities. Those abnormalities were later determined to be Wolff-Parkinson-White syndrome, a cardiac condition that is treatable but that can make participating in vigorous physical activity dangerous and potentially fatal.

Despite Costello’s EKG showing clear abnormalities that required further evaluation and that allegedly should have caused Dr. Olson to conclude that Costello had Wolff-Parkinson-White syndrome, Dr. Olson marked Costello’s health report as “Normal” with “No Further Action Necessary.”

After Dr. Olson cleared Costello for continued participation in baseball, Costello returned to spring training in Ft. Myers.
Later in 2019, the Twins sent Costello to New Zealand to play in a developmental league called the Australian Baseball League. On the morning of November 19, 2019, Costello was found dead in his hotel room from a cardiac arrythmia. An autopsy examination found cardiac abnormalities that were consistent with Wolff-Parkinson-White syndrome.

Plaintiffs initiated the Florida medical malpractice pre-suit screening process under Chapter 766, Florida Statutes, by sending Dr. Olson a notice of intent to initiate litigation. Dr. Olson participated in the pre-suit process, exchanged
information and correspondence with Plaintiffs’ counsel, and ultimately formally denied the claim.

After Dr. Olson denied the claim, Plaintiffs filed their Florida medical malpractice wrongful death lawsuit against Dr.
Olson, asserting a negligence claim and other claims based on medical malpractice. Plaintiffs alleged that Dr. Olson did not appropriately diagnose Costello’s Wolff-Parkinson-White syndrome, did not inform Costello that the EKG was abnormal, did not advise Costello that he should be evaluated by a cardiologist, and did not suggest follow-up testing or evaluation.

In response to Plaintiffs’ lawsuit, Dr. Olson filed a motion to stay and compel arbitration which argued that Plaintiffs’ claims were subject to arbitration pursuant to a Minor League Uniform Player Contract (“Player Contract”) signed by Costello that expressly incorporated a Major League Agreement (“MLA”) that contained an arbitration provision. Plaintiffs opposed the motion on two grounds: (1) Plaintiffs’ lawsuit did not fall within the scope of the arbitration provision contained in the MLA; and (2) Dr. Olson waived any right to demand arbitration. The trial court granted Dr. Olson’s motion, and the Plaintiffs subsequently appealed.

The Sixth District Court of Appeal State of Florida stated in its December 8, 2023 opinion: “The Player Contract expressly incorporated the MLA and provided that the Player Contract is subject to and governed by the MLA … by its plain terms, the arbitration provision applies to disputes that are related in any way to professional baseball and that are between either: (1) two or more Clubs; or (2) one or more Club(s) and one or more Major League Baseball entity(ies). Both “Clubs” and “Major League Baseball entity(ies)” include their respective owners, officers, directors, employees and players. It is undisputed that the Twins are a Club … Thus, as found by the trial court, this is a dispute between a player of a Club and an employee of the same Club. It is an intra-Club dispute. By its plain terms, the arbitration provision does not encompass Plaintiffs’ claims. This is not a dispute between two or more Clubs. This is not a dispute between a Club (or employees or players of a Club) on the one side and a Major League Baseball entity (or employees of a Major League Baseball entity) on the other side. Because Plaintiffs’ claims do not fall within the scope of the arbitration provision relied upon by Dr. Olson, the trial court erred as a matter of law by granting Dr. Olson’s motion to stay and compel arbitration.”

Source Costello v. Olson, M.D., Case No. 6D23-985.

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