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Filing # 139494377 E-Filed 12/01/2021 04:19:12 PM
IN THE CIRCUIT COURT OF THE
20" JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
Vv.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; SOVI JOSEPH,
M_D., P.A.; SOVI JOSEPH; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE CARE
CENTERS OF AMERICA, INC.; PUNTA GORDA
MEDICALINVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE
PHYSICIAN SERVICES, LLC; and VANCE
MALONEY, Il,
Defendants.
/
ORDER ON PLAINTIFFS’ MOTION TO OVERRULE DEFENDANT LIFE CARE
PHYSICIAN SERVICES, LLC’S INSTRUCTIONS TO WITNESS EDUARDO DIAZ NOT
TO ANSWER
THIS CAUSE having come before the Court on November 8, 2021 on Plaintiffs’ Motion to
Overrule Defendant Life Care Physician Services, LLC’s Instructions to Witness Eduardo Diaz Not
to Answer Questions (certificate of service of September 1, 2021) and the Court having heard
argument of counsel and the Court being otherwise fully advised in the premises, it is hereby
ORDERED AND ADJUDGED:
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
1 As to the question on page 50, lines 11 through 13 of Eduardo Diaz’s deposition: “Is your
agreement that you have with Life Care Physician Services the same as Dr. Maloney? — Said
objection is overruled.
As to the question on page 77, lines 17 through 19 of Eduardo Diaz’s deposition: “Do you
have the same agreement that Dr. Maloney had, where you are supposed to be a named
insured on a malpractice policy? — Said objection is overruled.
As to the question on page 78, line 2 of Eduardo Diaz’s deposition: “Have you had any
claims against you?” — Said objection is overruled.
As to the question on page 78, lines 8 through 10 of Eduardo Diaz’s deposition: “As part of
your agreement, does Life Care Physician Services, LLC agree to provide you with
malpractice insurance? — Said objection is sustained.
As to the question on page 93, lines 19 through 21 of Eduardo Diaz’s deposition: “Does Life
Care Centers of America, Inc. also manage the Life Care facility that you work at in
Altamonte Springs? — Said objection is sustained.
As to page 111, lines 2 through 19 of Eduardo Diaz’s deposition:
Q. “So this is from the Life Care Physician Services Policy and Procedure Manual under
"Quality of Care." And it says, quote: "It is our responsibility to provide each resident all the
necessary care and services so the resident can attain or maintain the highest practical
physical, mental, and psychosocial well being." Did I read that correctly?
A. [think you did. You did a good job.
Q. Thank you. Now, the next question I have is in terms of the relationships between Dr.
Vance Maloney and Life Care Services, LLC, and Life Care Centers of America, Inc., and
Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda, who -- who
within that relationship, first of all, enforces this statement of responsibility that I just
read?” —
Said objection is overruled.
7. As to page 112, line 11 through page 113, line 7:
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
“Q. So this is 4A. The reason we called it 4A is because the Table of Contents you've
marked as Exhibit 4. So this is, this -- This is the body, the meat to the Table of Contents. So
it says: "It is our responsibility to provide each resident all the necessary care and services"...
My question to you is, who is the "our," o-u-r? Who does that refer to? Who does that "our"
MS. RIEDHAMMER: I'm sorry, Ed. Repeat that.
BY MR. BLUMBERG: Who is "our" referring to, is it Vance Maloney, Life Care
Physicians Services, LLC, Life Care Centers of America, Inc., or Punta Gorda Medical
Investors, LLC, or all of them, or any and all of them?” -
Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness
deposition with a separate notice of deposition.
As to page 117, line 2 through 3 of Eduardo Diaz’s deposition: “What do you think the
purpose of this manual, Policy and Procedure Manual is?” — Said objection is overruled, but
this will be asked in a separate F.R.C.P. 1.310(b)(6) witness deposition with a separate
notice of deposition.
As page 117, lines 18 through page 118, line 7 of Eduardo Diaz’s deposition:
“It says: "The model we are expected to follow in obtaining quality outcomes starts with
producing" -- there you go -- "starts with producing accurate and timely assessments of the
needs of the tesidents, providing care based on established clinical guidelines approved
and certified by the attending physician, accurately documenting that care, and accurately
billing for the care that was provided and documented.” Okay. Do you see where we
highlighted that?
A. [can see where you highlighted, yes.
Q. Okay. So it says, "The model we are expected to follow." Who is the "we" that is being
referred to?” —
Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness
deposition with a separate notice of deposition.
10. As to page 126, line 9 through page 127, line 5 of Dr. Eduardo Diaz’s deposition:
“Q. The reason you're -- we've -- you know, we've asked for you today, you've been
produced to us today, to talk about these relationships. Okay? And part of what I'm trying to
find out, in terms of the relationships, we see that there is a manual, a Policy and Procedure
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
Manual, and I'm trying to figure out who -- the relationships amongst these entities and this
manual. So, for instance, the manual says that quality care includes the efforts -- includes
efforts to "provide resident care in such a way that nursing personnel administer appropriate
medications, provide all treatments and, in general, facilitate the best possible resident
outcome." So what's the relationship between what Life Care Physician Services is doing
and Dr. Maloney, as its employee, and the nursing personnel pursuant to this manual that
says that the nursing personnel administers appropriate medication and provides all
treatments and, in general, facilitate the best possible resident outcomes? What is that?
Describe that relationship to me, please.”
Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness
deposition with a separate notice of deposition.
i As to page 130, line 13 through 24 of Eduardo Diaz’s deposition:
“We have a Life Care Physician Services Policy and Procedure Manual that says it is our
responsibility to do certain things, including provide each resident all the necessary care and
services so the resident can attain and maintain the highest practical physical and mental and
social -- psychosocial well-being. I want to know the "our," in the -- with these relationships.
Where it says, "It is our responsibility," does that include Life Care Physician Services, Dr.
Vance Maloney, and Life Care Centers of America, Inc.? Let me stop there.”
Said objection is overruled, but this will be asked in a separate F.R.C-P. 1.310(b)(6) witness
deposition with a separate notice of deposition.
12. As to page 136, lines 4 through 14 of Eduardo Diaz’s deposition:
“Q. In terms of the relationships between Maloney, Dr. Maloney, Life Care Physician
Services, LLC, Life Care Centers of America, Inc., and Punta Gorda Medical Investors,
LLC d/b/a Life Care Center of Punta Gorda, which of those entities, in terms of the
telationships that they had with each other, had the responsibility to make sure that a
resident was not retained at Life Care Center of Punta Gorda where the resident required
services beyond those for which the facility is licensed or had the functional ability to
provide?” —
Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness
deposition with a separate notice of deposition.
ORDERED AND ADJUDGED
wt
Electronic Service List
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 5
Alexandra Sanchez Farren , ,
Brett P. Gliosca ,
Daniel C. Calvert ,
Ron M. Campbell ,
Edward R. Blumberg , ,
Gavrila A. Brotz ,
Jay P Chimpoulis
Jeffrey M Goodis , ,
Ralph L. Marchbank, Esquire , ,
Richard Mangan, Esquire ,
Scott B. Albee, Esquire , ,
Richard Bowers, Esquire
Edward R. Bluberg, Esquire , ,
Edward R. Blumberg, Esquire ,
Douglas Lumpkin, Esquire , ,
John D. Emmanuel , ,
Michael John Swan , ,
Richard Bowers ,
Richard Ryan Rivas ,
Barry A Postman ,
Ronald E. Bush ,
Walter J. Tache ,
Susanne E Riedhammer ,
Victoria N Ferrentino , ,
PETER C BURKERT
DOUGLAS B LUMPKIN
BRANDON R SCHEELE
RICHARD B MANGAN
JEFFREY M GOODIS
JAY CHIMPOULIS
BRETT P GLIOSCA
BRETT P GLIOSCA
SUSANNE E RIEDHAMMER
KELSEY TAYLOR CAMPBELL
RYAN STEVENS
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Filing # 139494377 E-Filed 12/01/2021 04:19:12 PM IN THE CIRCUIT COURT OF THE 20" JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, Vv. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; SOVI JOSEPH, M_D., P.A.; SOVI JOSEPH; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICALINVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Il, Defendants. / ORDER ON PLAINTIFFS’ MOTION TO OVERRULE DEFENDANT LIFE CARE PHYSICIAN SERVICES, LLC’S INSTRUCTIONS TO WITNESS EDUARDO DIAZ NOT TO ANSWER THIS CAUSE having come before the Court on November 8, 2021 on Plaintiffs’ Motion to Overrule Defendant Life Care Physician Services, LLC’s Instructions to Witness Eduardo Diaz Not to Answer Questions (certificate of service of September 1, 2021) and the Court having heard argument of counsel and the Court being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED: Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 1 As to the question on page 50, lines 11 through 13 of Eduardo Diaz’s deposition: “Is your agreement that you have with Life Care Physician Services the same as Dr. Maloney? — Said objection is overruled. As to the question on page 77, lines 17 through 19 of Eduardo Diaz’s deposition: “Do you have the same agreement that Dr. Maloney had, where you are supposed to be a named insured on a malpractice policy? — Said objection is overruled. As to the question on page 78, line 2 of Eduardo Diaz’s deposition: “Have you had any claims against you?” — Said objection is overruled. As to the question on page 78, lines 8 through 10 of Eduardo Diaz’s deposition: “As part of your agreement, does Life Care Physician Services, LLC agree to provide you with malpractice insurance? — Said objection is sustained. As to the question on page 93, lines 19 through 21 of Eduardo Diaz’s deposition: “Does Life Care Centers of America, Inc. also manage the Life Care facility that you work at in Altamonte Springs? — Said objection is sustained. As to page 111, lines 2 through 19 of Eduardo Diaz’s deposition: Q. “So this is from the Life Care Physician Services Policy and Procedure Manual under "Quality of Care." And it says, quote: "It is our responsibility to provide each resident all the necessary care and services so the resident can attain or maintain the highest practical physical, mental, and psychosocial well being." Did I read that correctly? A. [think you did. You did a good job. Q. Thank you. Now, the next question I have is in terms of the relationships between Dr. Vance Maloney and Life Care Services, LLC, and Life Care Centers of America, Inc., and Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda, who -- who within that relationship, first of all, enforces this statement of responsibility that I just read?” — Said objection is overruled. 7. As to page 112, line 11 through page 113, line 7: Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 “Q. So this is 4A. The reason we called it 4A is because the Table of Contents you've marked as Exhibit 4. So this is, this -- This is the body, the meat to the Table of Contents. So it says: "It is our responsibility to provide each resident all the necessary care and services"... My question to you is, who is the "our," o-u-r? Who does that refer to? Who does that "our" MS. RIEDHAMMER: I'm sorry, Ed. Repeat that. BY MR. BLUMBERG: Who is "our" referring to, is it Vance Maloney, Life Care Physicians Services, LLC, Life Care Centers of America, Inc., or Punta Gorda Medical Investors, LLC, or all of them, or any and all of them?” - Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness deposition with a separate notice of deposition. As to page 117, line 2 through 3 of Eduardo Diaz’s deposition: “What do you think the purpose of this manual, Policy and Procedure Manual is?” — Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness deposition with a separate notice of deposition. As page 117, lines 18 through page 118, line 7 of Eduardo Diaz’s deposition: “It says: "The model we are expected to follow in obtaining quality outcomes starts with producing" -- there you go -- "starts with producing accurate and timely assessments of the needs of the tesidents, providing care based on established clinical guidelines approved and certified by the attending physician, accurately documenting that care, and accurately billing for the care that was provided and documented.” Okay. Do you see where we highlighted that? A. [can see where you highlighted, yes. Q. Okay. So it says, "The model we are expected to follow." Who is the "we" that is being referred to?” — Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness deposition with a separate notice of deposition. 10. As to page 126, line 9 through page 127, line 5 of Dr. Eduardo Diaz’s deposition: “Q. The reason you're -- we've -- you know, we've asked for you today, you've been produced to us today, to talk about these relationships. Okay? And part of what I'm trying to find out, in terms of the relationships, we see that there is a manual, a Policy and Procedure Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 Manual, and I'm trying to figure out who -- the relationships amongst these entities and this manual. So, for instance, the manual says that quality care includes the efforts -- includes efforts to "provide resident care in such a way that nursing personnel administer appropriate medications, provide all treatments and, in general, facilitate the best possible resident outcome." So what's the relationship between what Life Care Physician Services is doing and Dr. Maloney, as its employee, and the nursing personnel pursuant to this manual that says that the nursing personnel administers appropriate medication and provides all treatments and, in general, facilitate the best possible resident outcomes? What is that? Describe that relationship to me, please.” Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness deposition with a separate notice of deposition. i As to page 130, line 13 through 24 of Eduardo Diaz’s deposition: “We have a Life Care Physician Services Policy and Procedure Manual that says it is our responsibility to do certain things, including provide each resident all the necessary care and services so the resident can attain and maintain the highest practical physical and mental and social -- psychosocial well-being. I want to know the "our," in the -- with these relationships. Where it says, "It is our responsibility," does that include Life Care Physician Services, Dr. Vance Maloney, and Life Care Centers of America, Inc.? Let me stop there.” Said objection is overruled, but this will be asked in a separate F.R.C-P. 1.310(b)(6) witness deposition with a separate notice of deposition. 12. As to page 136, lines 4 through 14 of Eduardo Diaz’s deposition: “Q. In terms of the relationships between Maloney, Dr. Maloney, Life Care Physician Services, LLC, Life Care Centers of America, Inc., and Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda, which of those entities, in terms of the telationships that they had with each other, had the responsibility to make sure that a resident was not retained at Life Care Center of Punta Gorda where the resident required services beyond those for which the facility is licensed or had the functional ability to provide?” — Said objection is overruled, but this will be asked in a separate F.R.C.P. 1.310(b)(6) witness deposition with a separate notice of deposition. ORDERED AND ADJUDGED wt Electronic Service List Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 5 Alexandra Sanchez Farren , , Brett P. Gliosca , Daniel C. Calvert , Ron M. Campbell , Edward R. Blumberg , , Gavrila A. Brotz , Jay P Chimpoulis Jeffrey M Goodis , , Ralph L. Marchbank, Esquire , , Richard Mangan, Esquire , Scott B. Albee, Esquire , , Richard Bowers, Esquire Edward R. Bluberg, Esquire , , Edward R. Blumberg, Esquire , Douglas Lumpkin, Esquire , , John D. Emmanuel , , Michael John Swan , , Richard Bowers , Richard Ryan Rivas , Barry A Postman , Ronald E. Bush , Walter J. Tache , Susanne E Riedhammer , Victoria N Ferrentino , , PETER C BURKERT DOUGLAS B LUMPKIN BRANDON R SCHEELE RICHARD B MANGAN JEFFREY M GOODIS JAY CHIMPOULIS BRETT P GLIOSCA BRETT P GLIOSCA SUSANNE E RIEDHAMMER KELSEY TAYLOR CAMPBELL RYAN STEVENS