Preview
Filing # 136549604 E-Filed 10/14/2021 11:49:20 AM
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA
DEBORAH COOPER BURG, by and through
her Court- appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and
RICKY BURG, her spouse,
Plaintiff,
vs.
WEST FLORIDA PHYSICIAN NETWORK,
LLC; DILENDRA WEERASINGHE,; JOHN
RIOUX; FAWCETT MEMORIAL
HOSPITAL, INC. d/b/a FAWCETT
MEMORIAL HOSPITAL; SUSAN BRUNER
ABIGAIL UTECH; NANDINI KIRI, M.D.,
P.A.; NANDINI KIRI; HARBOR MEDICAL
GROUP, LLC; AHSAN KAMAL; SOVI CASE NO.: 20000616CA
JOSEPH, M.D., P.A.; SOVI JOSEPH;
DOMINGO E. GALLIANO, JR., P.A.;
DOMINGO GALLIANO, JR.; ARTURO
RODRIGUEZ- MARTIN, M.D., P.L.;
ARTURO RODRIGUEZ-MARTIN;
MILLENNIUM PHYSICIAN GROUP, LLC
d/b/a MILLENNIUM PHYSICIAN GROUP;
CATHY CRISS; LIFE CARE CENTERS OF
AMERICA, INC.; PUNTA GORDA
MEDICAL INVESTORS, LLC d/b/a LIFE
CARE CENTER OF PUNTA GORDA; LIFE
CARE PHYSICIAN SERVICES, LLC; and
VANCE MALONEY, III,
Defendants.
/
DEFENDANT, FAWCETT MEMORIAL HOSPITAL’S AMENDED OBJECTION TO
PLAINTIFFS’ NOTICES OF TAKING F.R.C.P. 1.310(b)(6) DEPOSITIONS AND
MOTION FOR PROTECTIVE ORDER
COMES NOW, FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT
MEMORIAL HOSPITAL (the “Hospital”), by and through its undersigned counsel, hereby files
this Amended Objection and Motion for Protective Order regarding Plaintiffs’ Notices of Taking
Page 1 of 7
F.R.C.P. 1.310(b)(6) Depositions of Dr. George Ruggiero Ms. Kimberly Hall (hereinafter referred
to as “the Notices’) and in support thereof, states as follows:
1 On September 15, 2021, Plaintiffs filed a Notice of Taking F.R.C.P. 1.310(b)(6)
Deposition of Dr. George Ruggiero which is attached hereto as Exhibit “A-1”. On September 28,
2021 the Plaintiffs filed an Amended Notice of Taking F.R.C.P. 1.310(b)(6) Deposition of
Ms. Kimberly Hall attached hereto as Exhibit “A-2”.
2 The Hospital objects to the Notice of Deposition of Dr. Ruggiero for the following
reasons:
The listed matters on Plaintiffs’ Notice are overly broad, vague, and ambiguous
with respect to items (f), (h), (i), and (k).
Specifically, item (f) fails to provide any meaningful definition of “in-house
staff” as well as no meaningful definition or limitation as to the types of issues
for which evaluation, assessment or treatment would be sought, etc. Likewise,
item (h) also fails to provide a meaningful definition or limitation as to the types
of issues for which evaluation, assessment or treatment would be sought.
Moreover, item (f) infringes upon protected personal information. Specifically,
the personal addresses of certain hospital employees/former employees are
confidential pursuant to section 395.3025, Florida Statutes.
As to items (h), (i) and (k), Plaintiffs fail to clarify or narrow the proposed area
of inquiry by failing to specify which policies and procedures, bylaws, etc. on
which they would like to obtain testimony. Specifically, it is the Hospital’s
position that simply designating “all” policies, procedures, and protocols of a
general topic is of little use or benefit. Similarly, simply stating policies,
procedures, protocols, regulations, bylaws, and all other written materials in
effect in June, July, August 2019, even with the purported limiting language is
of no effect. When a Notice casts such a wide net, such as this one, it becomes
unduly burdensome for a representative to prepare for their deposition, to
provide meaningful testimony, or to efficiently conduct the deposition.
3 The Hospital objects to the Notice of Deposition of Ms. Hall for the following
reasons:
a The listed matters on Plaintiffs’ Notice are overly broad, vague, and ambiguous
especially with respect to items (c) and (d).
Page 2 of 7
b. Specifically, items (c) and (d) are overly broad in their scope and are not tied to
the matters relevant to this case.
As to items (c) and (d), Plaintiffs fail to clarify or narrow the proposed area of
inquiry by failing to specify which policies and procedures, rules, etc. on which
they would like to obtain testimony. When a Notice casts such a wide net, it is
unduly burdensome for a representative to prepare for their deposition, to
provide meaningful testimony, or to efficiently conduct the deposition.
4 Moreover, the Hospital requests entry of a protective order for the depositions of
Dr. Ruggiero and Ms. Hall.
5 By correspondence dated September 15, 2021, Plaintiff’s counsel was previously
advised, Dr. Ruggiero is not being designated as the F.R.C.P. 1.310 (b)(6) representative of
Fawcett Memorial Hospital with respect to items (d), (j), and (1). Consequently, Dr. Ruggiero will
not be answering questions related to those proposed areas of inquiry. A copy of the September
15, 2021, correspondence is attached hereto as Exhibit “B”.
6. Within mere hours of Exhibit “B” being sent, and apparently simultaneously with
the service of the above referenced Notice of Deposition of Dr. Ruggiero, Plaintiff filed a Motion
to Overrule Objection to the Notice of taking Deposition. At the time of filing and serving the
referenced Motion, Defendant had not even received a Notice of Taking Deposition. No effort
was made to meet and confer concerning the proposed areas of inquiry in violation of Rule
1.380(a)(2), Fla.R.Civ.P. Obviously since no effort was made to meet and confer, the Motion does
not contain any such certification. In fact, Defendant had not asserted any “objections” as the
Notice had not even been received.
7
In addition, there is a distinction between first-hand, fact witness testimony and
corporate representative testimony. See Amended Order on Defendant’s Motion for Protective
Order, Aug, 19, 2021, No. 18-CA-002507-AX. As such, testimony regarding the specific care and
treatment of Mrs. Burg is a proper subject for fact witness testimony and not corporate
Page 3 of 7
representative testimony. Many fact specific witnesses have already been deposed, including but
not limited to, Nandini Kiri, M.D., Donna Alton, Cathy Criss, D.O., Christopher Finley, D.O.,
Domingo Galliano, M.D., Joseph Sovi, M.D., Abigail Utech Kupp, Susan Bruner, among others.
Each of these fact witnesses was subjected to lengthy depositions in which they were asked, or
could have been asked, any fact specific question desired.
8 Testimony regarding Mrs. Burg’s care and treatment at the Hospital would be
duplicative and cumulative of the testimony of individual fact witnesses such as the treating
healthcare providers. As an example, item (b) for Dr. Ruggiero’s deposition seeks testimony
regarding “The procedures concerning the July 25, 2019 recommendation of Dr. Nandini Kiri that
an evaluation for nutritional supplements be followed up on and occur, as well as why it did not
occur.” See Notice. While a corporate representative may testify as to Hospital procedures,
testimony regarding why a specific physician, who is not employed by the Hospital, did or did not
perform a certain task for a specific patient goes beyond the scope of a F.R.C.P. 1.310(b)(6)
deposition. Once again, this type of testimony is more appropriately directed towards a fact
witness.
9 To date, Plaintiffs have taken over twenty fact witness depositions. A handful of
additional fact witness depositions are presently scheduled and have not yet occurred. As such,
any testimony regarding Mrs. Burg’s care and treatment which Plaintiffs seek to obtain either has
already been elicited through the numerous previous fact witness depositions or can be elicited in
the upcoming fact witness depositions. Therefore, as the Hospital’s corporate representatives, it
is only proper for Dr. Ruggiero and Ms. Hall to testify as to general corporate practices, and not
as to any specific patient’s care and treatment such as Mrs. Burg’s.
Page 4 of 7
10. Moreover, as previously indicated, Plaintiffs have deposed numerous witnesses to
date. Most of those depositions have included hours of duplicative questioning causing the length
of the depositions to be excessive and unduly burdensome. Due to Plaintiffs’ history of
unnecessarily lengthy depositions, the Hospital requests reasonable time limitations for the
cumulative corporate representative depositions.
11. Florida Rule of Civil Procedure 1.280 states in pertinent part “[u]pon motion by a
party or by the person from whom discovery is sought, and for good cause shown, the court in
which the action is pending may make any order to protect a party or person from annoyance,
embarrassment, oppression, or undue burden or expense that justice requires.” Fla. R. Civ. P.
1,280.
12. Dr. Ruggiero and Ms. Hall would suffer from annoyance, oppression, and/ or undue
burden if required to prepare for depositions regulated by Notices which contain extremely overly
broad, vague, and ambiguous items of inquiry; if required to testify as to the above referenced
items of Plaintiffs’ Notices; if required to offer improper testimony regarding the specific care and
treatment of Mrs. Burg; and if required to sit for an unreasonably prolonged deposition.
13. Based upon the foregoing, the Hospital requests this Court enter a Protective Order
specifying and/or limiting the above referenced items of the Notices, prohibiting Plaintiffs’ counsel
from inquiring as to said items as well as prohibiting Plaintiffs’ counsel from inquiring as to
Mrs. Burg’s care and treatment, and placing a reasonable time limit for the accumulate corporate
representative depositions.
WHEREFORE, Defendant, FAWCETT MEMORIAL HOSPITAL. INC., by and through
its undersigned counsel, respectfully request this Honorable Court grant the Hospital’s Amended
Page 5 of 7
Motion for Protective Order for Deposition, and for such other relief as this Court deems just and
proper.
/s/ Ronald Bush
Ronald E. Bush, Esq.
Florida Bar No.: 443964
Alexandra S. Farren, Esq.
Florida Bar No.: 1018542
Bush Graziano Rice & Platter, P.A.
100 South Ashley Drive, Suite 1400
Tampa, FL 33602
Phone: (813) 228-7000 — Fax: (813) 273-0091
Attorney for Defendants, Fawcett Memorial
Hospital and Abigail Utech
Primary: eserve@bgrplaw.com
Secondary: beonde@'berplaw.com
-and-
/s/_ John D. Emmanuel
John D. Emmanuel, Esq.
Florida Bar No, 475572
Buchanan Ingersoll & Rooney PC
401 E. Jackson St., Suite 2400
Tampa, FL 33602
Tel No. 813-222-8180
Fax No. 813-222-8189
John.emmanuel@bipe.com
Additional Counsel for Defendant Fawcett
Memorial Hospital, Inc. d/b/a Fawcett Memorial
Hospital
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by electronic mail delivery on this 14th day of October, 2021 to:
Edward R. Blumberg, Esquire, Deutsch Blumberg & Caballero, PA., Deutsch Blumberg &
Caballero, P.A., New World Tower, Suite 2802, 100 N. Biscayne Blvd., Miami, FL 33132,
ERB@DeutschBlumberg.com; rmitchell@Deutschblumberg.com; Counsel for PLAINTIFFS;
John M. Stewart, Esquire and Michael J. Swan, Esquire, Rossway Swan Tierney Barry & Oliver,
P.L., 2101 Indian River Blvd., Ste. 200, Vero Beach, FL 32960, jstewart@rosswaysw:
APU TOSS an.com;
mswan @rosswayswan.com, cdelo@rosswayswan.com; Co-Counsel for PLAINTIFFS;
Page 6 of 7
Victoria N. Ferrentino, Esquire, Bush Graziano Rice & Platter, P.A., 100 S. Ashley Drive, Suite
1400, Tampa, FL 33602, c-serve @bgrplaw.com; Counsel FOR JOHN RIOUX, MD AND WEST
FLORIDA PHYSICIAN NETWORK, LLC D/B/A GULF POINTE SURGICAL SPECIALISTS;
Jay P. Chimpoulis, Esquire and Susanne E. Riedhammer, Esquire, Chimpoulis & Hunter, P.A.,
159 South Pine Island Road, Suite 510, Plantation, FL 33324,
jchimpoulis@chimpoulishunter.com; sricdhammer@ chimpoulishunter.com, Counsel for VANCE
MALONEY, III, M.D. AND PUNTA GORDA MEDICAL INVESTORS, LLC D/B/A LIFE
CARE CENTER OF PUNTA GORDA;
Richard Bowers, Esquire, Brandon R. Scheele, Esquire, Banker Lopez Gassler P.A., 501 East
Kennedy Blvd, Suite 1700, Tampa, FL 33602, rbowers @bankerlopez.com; service:
rbowers @ bankerlopez.com, service-bscheele @ bankerlopez.com; Counsel for DILENDRA
WEERASINGHE, M.D.,;
Brett P. Gliosca, Esq. and Jeff Goodis, Esquire, La Cava Jacobson & Goodis, 150 2"? Avenue
North, 15" Floor, St. Petersburg, FL 33701, stp-pleadings@ ljglegal.com; bgliosca@ Iiglegal.com,
mmorgan@ lighkegal.com, and jgoodis@ljglegal.com, Counsel for SOVI JOSEPH, M.D. AND
SOVI JOSEPH, M.D., P.A.;
Ron M. Campbell, Esq., Barry A. Postman, Esq., and Daniel C. Calvert, Esq., Cole, Scott &
Kissane, P.A., 27300 Riverview Center Boulevard, Suite 200, Bonita Springs, Florida 34134,
ba postman @¢esklegal.com; ron.campbell @esklegal.com; daniel .calvert@csklegal.com;
k al. perez @esklegal.com: Danicla.perez@esklegal.com, counsel for MILLENNIUM
PHYSICIAN GROUP, LLC. AND CATHY CRISS;
Ronald E. Bush, Esq. and Alexandra S. Farren, Esq., Bush Graziano Rice & Platter, P.A.
100 South Ashley Drive, Suite 1400, Tampa, FL 33602, eserve
@ berplaw.com,
bconde@' bgerplaw.com, Attorney for Defendants, Fawcett Memorial Hospital and Abigail Utech
Walter J. Taché and Gavrila A. Brotz, Tache, Bronis, and Descalzo, P.A., 150 S.E. 2nd Avenue
Suite 600, Miami, FL 33131, wlache @tachebronis.com; gbrotz@tachebronis.com;
service @tachebronis.com, co-counsel for FAWCETT MEMORIAL HOSPITAL; and
R. Ryan Rivas, Esq., Hall Booth Smith, P.C., 2701 N. Rocky Point Drive, Ste. 400, Tampa, FL
33607, RRivas @hallboothsmith.com; mhobbs @hallboothsmith.com;, counsel for SUSAN
BRUNO.
/s/ John D. Emmanuel
John D. Emmanuel, Esq.
Florida Bar No.: 475572
4839-8389-6575, v. 1
Page 7 of 7
Deborah Cooper Burg, et al vs. Fawcett Memorial Hospital, et al
Case No. 2020-000616 CA
EXHIBIT “A-1”
Filing # 134655547 E-Filed 09/15/2021 01:28:28 PM
IN THE CIRCUIT COURT OF THE
20% JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and through
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and
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 MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA; LIFE
CARE PHYSICIAN SERVICES, LLC; and
VANCE MALONEY, III,
Defendants.
N TICE OF T,NG VIDEOTAPED VIDE INFERENCED (ZOOM)/IN-
PERSON DEPOSITION DUCES TECUM
(Witness to be produced by counsel for Defendant Fawcett Memorial Hospital)
(Cleared with defense counsel)
PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped and
videoconferenced (ZOOM)/in-person deposition of the following at the date and time
indicated:
Seulsch Bluntig
& Calallere, PA.
NEW WORLD TOWER
- 100.N BISCAYNE BOULEVARD. SUITE 2002
- MIAM:, FLORIDA 33132 » TEL (305) 356-6929 ]
Name: DR. GEORGE RUGGIERO and/or the F.R.C.P. 1.310(b)(6) designated
corporate representative(s) of Fawcett Memorial Hospital, Inc.
as to the matters listed herein:
a. The availability of nutritional supplements and vitamins, orally,
intravenously, and parenterally, for patients such as Deborah
Cooper Burg to receive in the emergency room and as an
inpatient at Fawcett Memorial Hospital in June, July, and August
2019.
The procedures concerning the July 25, 2019 recommendation
of Dr. Nandini Kiri that an evaluation for nutritional supplements
be followed up on and occur, as well as why it did not occur.
c Knowledge as to the reasons why as a MBSAQIP accredited
center, a registered dietitian did not evaluate and assess
Deborah Cooper Burg during her July 2019 emergency room
visits and July 2019 inpatient admission at Fawcett Memorial
Hospital.
The responsibilities and duties of registered dietitian Susan
Bruner and registered dietitian Abigail Utech as far as Deborah
Cooper Burg’s care is concerned.
The availability of bariatric nurses at Fawcett Memorial Hospital
to provide care to Deborah Cooper Burg in July and August 2019
during her emergency room visits and inpatient admissions.
As a MBSAQIP accredited center, the responsibilities of Fawcett
Memorial Hospital to provide a bariatric surgeon to actually
evaluate, assess, care for and treat Deborah Cooper Burg during
her emergency room visits and inpatient admissions at Fawcett
Memorial Hospital in July and August 2019.
The names, job titles, and addresses of all Fawcett Memorial
Hospital staff who were available to evaluate, assess, and care
for Deborah Cooper Burg during her emergency room visits and
inpatient admissions in July and August 2019 with expertise and
knowledge as to the needs of a post-bariatric surgery patient
such as Deborah Cooper Burg. With particularity, this area of
inquiry concerns those in-house members of Fawcett Memorial
Hospital staff available to evaluate, assess, and treat Deborah
Cooper Burg as to Thiamine deficiency as well as implement the
administration of Thiamine.
The responsibilities and obligations of the attending physician
assigned to a patient at Fawcett Memorial Hospital in July and
August 2019 of providing nutrition and vitamins.
The obligations and methods of Fawcett Memorial Hospital
owed to patients including Deborah Cooper Burg in the
emergency room and as an inpatient in July and August 2019 as
Seulsch Slunliag
ad Calallive, PA.
NEW WORLD TOWER
- 100N BISCAYNE BOULEVARD. SUITE 2802
- MAM! F(ORIDA 33192 - TEL (2051 958-6979.
to providing proper and necessary nutrition and vitamin
supplementation.
The education and training provided to Abigail Utech and Susan
Bruner as to the necessity and importance of the receipt of
ongoing vitamin B1 supplementation for post-bariatric surgery
patients such as Deborah Cooper Burg.
The nursing policies, procedures and protocols at Fawcett
Memorial Hospital in effect in June, July, and August 2019. With
particularity, this references all policies, procedures, and
protocols concerning the evaluation, assessment, monitoring,
and implementation of proper and adequate nutrition and
vitamin B1/Thiamine as set forth in any of the Fawcett Memorial
Hospital policies, procedures, and protocols in effect in June,
July, and August 2019.
L The nutrition and dietary policies, procedures, and protocols at
Fawcett Memorial Hospital in effect in June, July, and August
2019.
The Medical Staff Bylaws, Rules and Regulations at Fawcett
Memorial Hospital in effect in June, July, and August 2019. With
particularity, this references all Medical Staff Bylaws, Rules and
Regulations concerning the evaluation, assessment, monitoring,
and implementation of proper and adequate nutrition and
vitamin B1/Thiamine as set forth in any of the Fawcett Memorial
Hospital Medical Staff Bylaws, Rules and Regulations in effect in
June, July, and August 2019.
The policies and procedures at Fawcett Memorial Hospital in
June, July, and August 2019 as to the role of a hospitalist such
as Dr. Nandini Kiri being the physician that admits the patient as
well as the role of the hospitalist in providing ongoing care and
treatment for the patient including the ordering of consults of
other health care providers.
The policies, procedures, protocols, rules, regulations, bylaws
and all other written material in effect in June, July, and August
2019 at Fawcett Memorial Hospital setting forth the
responsibilities, duties and expectations of admitting
physicians, attending physicians, bariatric surgeons, consulting
physicians, gastroenterologists, general surgeons, registered
dietitians, and bariatric coordinators. With particularity, this
applies to the evaluation and treatment of Deborah Cooper Burg
as to malnutrition and vitamin depletion and the symptoms
therefrom including depletion of vitamin B1 in the face of
impending or actual Wernicke Encephalopathy.
D Wednesday, October 20, 2021 at 10:00 a.m. EST
Seulsch Bluntirg
ad Calallive, PL.
NEW WORLO TOWER
+ 100.N BISCAYNE BOULEVARD SUITE 2802
- MIAMI, FLORIDA
33132 - TEL (205) 358-63293
Place: Actual location to be provided at a later date
and/or via Zoom Videoconference
Zoom meeting link: to be provided at a later date
upon oral examination before Veritext Reporting, or any other Notary Public or officer
authorized by law to take depositions in the State of Florida. The oral examination will
continue from day to day until completed. The deposition is being taken for the purpose of
discovery, for use at trial, or for such other purposes as are permitted under the Rules of
Court, including the applicable Rules of Civil Procedure.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 15™ day of September, 2021 to: see attached service list.
DEUTSCH BLUMBERG
& CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
Tel: (305) 358-6329 / Fax: (305) 358-9304
E-mails: erb@deutschblumberg.com;
rmitchell@deutschblumberg.com
By: __/s/Edward R. Blumberg
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Seulsch . Blunterg
dt Calallire, DP.
¢ 7.
NEW WORLO TOWER + 100 N BISCAYNE BOULEVARD, SUITE 2602
- MIAMI, FLORIDA
33132 - TEL (905) 258-6204,
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: mswan@rosswayswan.com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A.
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
rbowers@bankerlopez.con
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
III
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpoulis@ChimpoulisHunter.com
Victoria N. Ferrentino, Esq.
Erin B. Reynolds, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@bgrplaw.com;eserve@bgrplaw.com; and dhensley@bgrplaw.com
ereynolds@bgrplaw.com
1]P ay
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@ljqlegal.con bgliosca@ljglegal.com; mmorgan@ljglegal.com
Ronald E. Bush, Esq.
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@bgrplaw.com; |Iplyushko@bgrplaw.com; bconde@bgrplaw.com
R. Ryan Rivas, Esq.
Hall Booth Smith, P.C.
Attorneys for SUSAN BRUNER
2701 North Rocky Point Drive, Suite 400
Tampa, Florida 33607
Telephone — 727-568-8435
Emails: rrivas@hallboothsmith.com; mhobbs@hallboothsmith.com
Barry A. Postman, Esq.
Ron M. Campbell, Esq.
Daniel C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Telephone: 239-690-7925
Facsimile: 239-738-7778
Emails: barry.postman@csklegal.com; ron.campbell@csklegal.com;
daniel.calvert@csklegal.com; krystal.perez@csklegal.com; daniela.perez@csklegal.com
2[Paue
Walter H. Tache, Esq.
Gavrila A. Brotz, Esq.
Tache, Bronis, and Descalzo, P.A.
Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL
150 S.E. 2nd Avenue, Suite 600
Miami, FL 33131
Telephone: 305-537-9565
Facsimile: 305-537-9567
Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com
3] Pane
Deborah Cooper Burg, et al vs. Fawcett Memorial Hospital, et al
Case No. 2020-000616 CA
EXHIBIT “A-2”
Filing # 135466769 E-Filed 09/28/2021 01:28:17 PM
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and through
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and
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 MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA; LIFE
CARE PHYSICIAN SERVICES, LLC; and
VANCE MALONEY, III,
Defendants.
/
IDED N E N EQT, A DE INFERENCED
ZOOM)/IN-PE! IN_DEP* IN DUCE: ECUM
(Witness to be produced by counsel for Defendant Fawcett Memorial Hospital)
(This is a reserved deposition date as ordered by the Court.)
PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped and
videoconferenced (ZOOM)/in-person deposition of the following at the date and time
indicated:
Pauls Bliantirg
& Catallion, PA,
NEW WORLO TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 - MIAMI, FLORIDA 33132 - TEL (305) 358-6979 |
Name: KIM HALL (The deposition will be conducted under general
discovery rules as well as F.R.C.P. 1.310(b)(6) as to the matters
listed herein:
a The responsibilities and duties of registered dietitian Susan
Bruner and registered dietitian Abigail Utech as far as
Deborah Cooper Burg’s care is concerned.
The education and training provided to Abigail Utech and
Susan Bruner as to the necessity and importance of the
receipt of ongoing vitamin B1 supplementation for post-
bariatric surgery patients such as Deborah Cooper Burg.
The nutrition and dietary policies, procedures, and
protocols at Fawcett Memorial Hospital in effect in June,
July, and August 2019.
The policies, procedures, protocols, rules, regulations,
bylaws and all other written material in effect in June, July,
and August 2019 at Fawcett Memorial Hospital setting forth
the responsibilities, duties and expectations of registered
dietitians. With particularity, this applies to the evaluation
and treatment of Deborah Cooper Burg as to malnutrition
and vitamin depletion and the symptoms therefrom
including depletion of vitamin B1 in the face of impending
or actual Wernicke Encephalopathy.
Date/Time: Thursday, October 21, 2021 at 9:00 a.m. EST
Place: Actual location to be provided at a later date
and/or via Zoom Videoconference
Zoom meeting link: to be provided at a later date
Join Zoom Meeting
https: isO2web.z m.us/j/84976102274?pwd=S2FITjNaS1IVLczNjOW5BM
2ovTnIzdz09
Meeting ID: 849 7610 2274
Passcode: 610446
upon oral examination before Veritext Reporting, or any other Notary Public or officer
authorized by law to take depositions in the State of Florida. The oral examination will
continue from day to day until completed. The deposition is being taken for the purpose of
discovery, for use at trial, or for such other purposes as are permitted under the Rules of
Court, including the applicable Rules of Civil Procedure.
Heats Blianberg
& Caballire, PA,
NEW WORLO TOWER - 100N BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 39132 - TEL (305) 358-6929.)
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 28' day of September, 2021 to: see attached service list.
DEUTSCH BLUMBERG
& CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
Tel: (305) 358-6329 / Fax: (305) 358-9304
E-mails: erb@deutschblumberg.com;
rmitchell@deutschblumberg.com
By: __/s/Edward R. Blumberg
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Peutscl Blunberg
&- Calballiar, PV.
NEW WORLO TOWER - 100 N BISCAYNE BOULEVARD, SUITE 2602 - MIAMI, FLORIDA 39132 - TEL (205) 358-6293
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: mswan@rosswayswan.com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A.
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
rbowers@bankerlopez.com
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
III
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpoulis@ChimpoulisHunter.com
Victoria N. Ferrentino, Esq.
Erin B. Reynolds, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@bgrplaw.com;eserve@bgrplaw.com; and dhensley@bgrplaw.com
ereynolds@barplaw.com
I[Page
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com,; bgliosca@liglegal.com; mmorgan@liglegal.com
Ronald E. Bush, Esq.
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; |Iplyushko@bgrplaw.com; bconde@bgrplaw.com
R. Ryan Rivas, Esq.
Hall Booth Smith, P.C.
Attorneys for SUSAN BRUNER
2701 North Rocky Point Drive, Suite 400
Tampa, Florida 33607
Telephone — 727-568-8435
Emails: rrivas@hallboothsmith.com; mhobbs@hallboothsmith.com
Barry A. Postman, Esq.
Ron M. Campbell, Esq.
Daniel C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP
27300 Riverview Center Boulevard, Suite 200
Bonita Springs, FL 34134
Telephone: 239-690-7925
Facsimile: 239-738-7778
Emails: barry.postman@csklegal.com; ron.campbell@csklegal.com;
daniel.calvert@csklegal.com; krystal.perez@csklegal.com; daniela.perez@cskleqal.com
2|Page
Walter H. Tache, Esq
Gavrila A. Brotz, Esq.
Tache, Bronis, and Descalzo, P.A.
Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL
150 S.E. 2nd Avenue, Suite 600
Miami, FL 33131
Telephone: 305-537-9565
Facsimile: 305-537-9567
Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com
3|Page
Deborah Cooper Burg, et al vs. Fawcett Memorial Hospital, et al
Case No. 2020-000616 CA
EXHIBIT “B”
BusH GRAZIANO RICE PLATTER, P.A.
TRIAL LAWYERS
100S. ASHLEY DRIVE PHO! 3.228.7000
SUITE 1400 MI 3.273, 091
TAMPA, FLORIDA 33602 cum
RONALD E. BUSH rbushi@bgrplaw.com
September 15, 2021
VIA EMAIL
Edward R. Blumberg, Esq.
100 N. Biscayne Blvd., Suite 2802
Miami, Florida 33132
RE: Burg v. Fawcett Memorial Hospital
Our File No.: 1185.275
Dear Ed:
1 am writing in follow-up to the hearing on September 13, 2021, and in particular to the
issues involving the F.R.C.P. 1.310 (b)(6) Corporate Representatives Depositions of Fawcett
Memorial Hospital. This will confirm we previously provided the dates of October 19 or 20, 2021.
The deposition will need to be conducted virtually, via the Zoom platform. | did note that an email
went out earlier today circulating the aforementioned dates for Dr. Ruggiero’s deposition.
We have offered to produce Dr. George Ruggiero, CMO of Fawcett Memorial Hospital to
address the majority of areas of inquiry previously identified by your office. We do not have an
actual Notice of Taking Deposition. Consequently, | do not have the actual identified areas of
inquiry. However, attached to this correspondence is what I understand to be proposed areas of
inquiry previously provided by your office. Please confirm whether the attached areas of inquiry
are those you intend to incorporate into your notice, or alternatively please provide the actual
notice.
Dr. Ruggiero will be produced to provide corporate representative testimony concerning
the following identified areas of inquiry. It is our position there is a distinction between first-hand,
fact witness testimony and corporate representative testimony. Testimony regarding Ms. Burg’s
care and treatment at the hospital is a proper subject for fact witness testimony and not corporate
representative testimony. We do not plan on permitting Dr. Ruggiero to respond to fact based
inquiry concerning Mrs. Burg’s care and treatment. We will permit Dr. Ruggiero to provide
corporate representative testimony concerning specifically identified areas of inquiry not directed
to the specific care and treatment of Mrs. Burg. I am providing our position in advance so as to
avoid the situation you referenced, concerning the lack of advanced notice, in the September 13,
2021, hearing. Subject to the aforementioned limitations, Dr. Ruggiero will be put forward to
address the following areas of inquiry:
EXHIBIT "B"
Edward R. Blumberg, Esq.
September 15, 2021
Page 2 of 3
The availability of nutritional supplements and vitamins, orally, intravenously, and
parenterally, for patients to receive in the emergency room and as an inpatient at
Fawcett Memorial Hospital in June, July, and August 2019.
The procedures concerning the July 25, 2019, recommendation of Dr. Nandini Kiri
that an evaluation for nutritional supplements be followed up on and occur, as well as
why it did not occur.
Knowledge as to the reasons why as a MBSAQIP accredited center, a registered
dietitian did not evaluate and assess Deborah Cooper Burg during her July 2019
emergency room visits and July 2019 inpatient admission at Fawcett Memorial
Hospital.
The availability of bariatric nurses at Fawcett Memorial Hospital to provide care to
Deborah Cooper Burg in July and August 2019 during her emergency room visits and
inpatient admissions.
As a MBSAQIP accredited center, the responsibilities of Fawcett Memorial Hospital
to provide a bariatric surgeon to actually evaluate, assess, care for and treat Deborah
Cooper Burg during her emergency room visits and inpatient admissions at Fawcett
Memorial Hospital in July and August 2019.
g The names, job titles, and addresses of all Fawcett Memorial Hospital staff who were
available to evaluate, assess, and care for Deborah Cooper Burg during her emergency
room visits and inpatient admissions in July and August 2019 with expertise and
knowledge as to the needs of a post-bariatric surgery patient such as Deborah Cooper
Burg. This area of inquiry is vague, ambiguous and overly broad. We will need to
either have the scope of the inquiry narrowed and clarified or_seck judicial
intervention concerning the same.
The responsibilities and obligations of the attending physician assigned to a patient at
Fawcett Memorial Hospital in July and August 2019 of providing nutrition and
vitamins.
The obligations and methods of Fawcett Memorial Hospital owed to patients including
Deborah Cooper Burg in the emergency room and as an inpatient in July and August
2019 as to providing proper and necessary nutrition and vitamin supplementation.
The nursing policies, procedures and protocols at Fawcett Memorial Hospital in effect
in June, July, and August 2019. This area of inquiry is vague, ambiguous and overly
broad. We will need to either have the scope of the inquiry narrowed and clarified
or seek judicial intervention concerning the sam
The Medical Staff Bylaws, Rules and Regulations at Fawcett Memorial Hospital in
effect in June, July, and August 2019. This area of inquiry is vague, ambiguous and
overly broad. We will need to either have the scope of the inquiry narrowed and
clarified or seek judicial intervention concerning the same
The policies and procedures at Fawcett Memorial Hospital in June, July, and August
2019 as to the role of a hospitalist such as Dr. Nandini Kiri being the physician that
Edward R. Blumberg, Esq.
September 15, 2021
Page 3 of 3
admits the patient as well as the role of the hospitalist in providing ongoing care and
treatment for the patient including the ordering of consults of other health care
providers.
The policies, procedures, protocols, rules, regulations, bylaws and all other written
material in effect in June, July, and August 2019 at Fawcett Memorial Hospital setting
forth the responsibilities, duties and expectations of admitting physicians, attending
physicians, bariatric surgeons, consulting physicians, gastroenterologists, general
surgeons, registered dietitians, and bariatric coordinators. Dr. Ruggiero will address
this area of inquiry except as related to Registered Dieticians. In addition, this area
of inquiry is vague, ambiguous and overly broad. We will need to either have the
Scope of the inquiry narrowed and clarified or seek judicial intervention concerning
the same.
Per the Court’s ruling we will identify a corporate representative to address those areas not
being addressed by Dr. Ruggiero within ten days. | look forward to receiving the actual Notice of
deposition and to working with you to resolve the issues identified herein.
Preview
Filing # 136549604 E-Filed 10/14/2021 11:49:20 AM IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, Plaintiff, vs. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE,; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER ABIGAIL UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI CASE NO.: 20000616CA JOSEPH, M.D., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR.; ARTURO RODRIGUEZ- MARTIN, M.D., P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / DEFENDANT, FAWCETT MEMORIAL HOSPITAL’S AMENDED OBJECTION TO PLAINTIFFS’ NOTICES OF TAKING F.R.C.P. 1.310(b)(6) DEPOSITIONS AND MOTION FOR PROTECTIVE ORDER COMES NOW, FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL (the “Hospital”), by and through its undersigned counsel, hereby files this Amended Objection and Motion for Protective Order regarding Plaintiffs’ Notices of Taking Page 1 of 7 F.R.C.P. 1.310(b)(6) Depositions of Dr. George Ruggiero Ms. Kimberly Hall (hereinafter referred to as “the Notices’) and in support thereof, states as follows: 1 On September 15, 2021, Plaintiffs filed a Notice of Taking F.R.C.P. 1.310(b)(6) Deposition of Dr. George Ruggiero which is attached hereto as Exhibit “A-1”. On September 28, 2021 the Plaintiffs filed an Amended Notice of Taking F.R.C.P. 1.310(b)(6) Deposition of Ms. Kimberly Hall attached hereto as Exhibit “A-2”. 2 The Hospital objects to the Notice of Deposition of Dr. Ruggiero for the following reasons: The listed matters on Plaintiffs’ Notice are overly broad, vague, and ambiguous with respect to items (f), (h), (i), and (k). Specifically, item (f) fails to provide any meaningful definition of “in-house staff” as well as no meaningful definition or limitation as to the types of issues for which evaluation, assessment or treatment would be sought, etc. Likewise, item (h) also fails to provide a meaningful definition or limitation as to the types of issues for which evaluation, assessment or treatment would be sought. Moreover, item (f) infringes upon protected personal information. Specifically, the personal addresses of certain hospital employees/former employees are confidential pursuant to section 395.3025, Florida Statutes. As to items (h), (i) and (k), Plaintiffs fail to clarify or narrow the proposed area of inquiry by failing to specify which policies and procedures, bylaws, etc. on which they would like to obtain testimony. Specifically, it is the Hospital’s position that simply designating “all” policies, procedures, and protocols of a general topic is of little use or benefit. Similarly, simply stating policies, procedures, protocols, regulations, bylaws, and all other written materials in effect in June, July, August 2019, even with the purported limiting language is of no effect. When a Notice casts such a wide net, such as this one, it becomes unduly burdensome for a representative to prepare for their deposition, to provide meaningful testimony, or to efficiently conduct the deposition. 3 The Hospital objects to the Notice of Deposition of Ms. Hall for the following reasons: a The listed matters on Plaintiffs’ Notice are overly broad, vague, and ambiguous especially with respect to items (c) and (d). Page 2 of 7 b. Specifically, items (c) and (d) are overly broad in their scope and are not tied to the matters relevant to this case. As to items (c) and (d), Plaintiffs fail to clarify or narrow the proposed area of inquiry by failing to specify which policies and procedures, rules, etc. on which they would like to obtain testimony. When a Notice casts such a wide net, it is unduly burdensome for a representative to prepare for their deposition, to provide meaningful testimony, or to efficiently conduct the deposition. 4 Moreover, the Hospital requests entry of a protective order for the depositions of Dr. Ruggiero and Ms. Hall. 5 By correspondence dated September 15, 2021, Plaintiff’s counsel was previously advised, Dr. Ruggiero is not being designated as the F.R.C.P. 1.310 (b)(6) representative of Fawcett Memorial Hospital with respect to items (d), (j), and (1). Consequently, Dr. Ruggiero will not be answering questions related to those proposed areas of inquiry. A copy of the September 15, 2021, correspondence is attached hereto as Exhibit “B”. 6. Within mere hours of Exhibit “B” being sent, and apparently simultaneously with the service of the above referenced Notice of Deposition of Dr. Ruggiero, Plaintiff filed a Motion to Overrule Objection to the Notice of taking Deposition. At the time of filing and serving the referenced Motion, Defendant had not even received a Notice of Taking Deposition. No effort was made to meet and confer concerning the proposed areas of inquiry in violation of Rule 1.380(a)(2), Fla.R.Civ.P. Obviously since no effort was made to meet and confer, the Motion does not contain any such certification. In fact, Defendant had not asserted any “objections” as the Notice had not even been received. 7 In addition, there is a distinction between first-hand, fact witness testimony and corporate representative testimony. See Amended Order on Defendant’s Motion for Protective Order, Aug, 19, 2021, No. 18-CA-002507-AX. As such, testimony regarding the specific care and treatment of Mrs. Burg is a proper subject for fact witness testimony and not corporate Page 3 of 7 representative testimony. Many fact specific witnesses have already been deposed, including but not limited to, Nandini Kiri, M.D., Donna Alton, Cathy Criss, D.O., Christopher Finley, D.O., Domingo Galliano, M.D., Joseph Sovi, M.D., Abigail Utech Kupp, Susan Bruner, among others. Each of these fact witnesses was subjected to lengthy depositions in which they were asked, or could have been asked, any fact specific question desired. 8 Testimony regarding Mrs. Burg’s care and treatment at the Hospital would be duplicative and cumulative of the testimony of individual fact witnesses such as the treating healthcare providers. As an example, item (b) for Dr. Ruggiero’s deposition seeks testimony regarding “The procedures concerning the July 25, 2019 recommendation of Dr. Nandini Kiri that an evaluation for nutritional supplements be followed up on and occur, as well as why it did not occur.” See Notice. While a corporate representative may testify as to Hospital procedures, testimony regarding why a specific physician, who is not employed by the Hospital, did or did not perform a certain task for a specific patient goes beyond the scope of a F.R.C.P. 1.310(b)(6) deposition. Once again, this type of testimony is more appropriately directed towards a fact witness. 9 To date, Plaintiffs have taken over twenty fact witness depositions. A handful of additional fact witness depositions are presently scheduled and have not yet occurred. As such, any testimony regarding Mrs. Burg’s care and treatment which Plaintiffs seek to obtain either has already been elicited through the numerous previous fact witness depositions or can be elicited in the upcoming fact witness depositions. Therefore, as the Hospital’s corporate representatives, it is only proper for Dr. Ruggiero and Ms. Hall to testify as to general corporate practices, and not as to any specific patient’s care and treatment such as Mrs. Burg’s. Page 4 of 7 10. Moreover, as previously indicated, Plaintiffs have deposed numerous witnesses to date. Most of those depositions have included hours of duplicative questioning causing the length of the depositions to be excessive and unduly burdensome. Due to Plaintiffs’ history of unnecessarily lengthy depositions, the Hospital requests reasonable time limitations for the cumulative corporate representative depositions. 11. Florida Rule of Civil Procedure 1.280 states in pertinent part “[u]pon motion by a party or by the person from whom discovery is sought, and for good cause shown, the court in which the action is pending may make any order to protect a party or person from annoyance, embarrassment, oppression, or undue burden or expense that justice requires.” Fla. R. Civ. P. 1,280. 12. Dr. Ruggiero and Ms. Hall would suffer from annoyance, oppression, and/ or undue burden if required to prepare for depositions regulated by Notices which contain extremely overly broad, vague, and ambiguous items of inquiry; if required to testify as to the above referenced items of Plaintiffs’ Notices; if required to offer improper testimony regarding the specific care and treatment of Mrs. Burg; and if required to sit for an unreasonably prolonged deposition. 13. Based upon the foregoing, the Hospital requests this Court enter a Protective Order specifying and/or limiting the above referenced items of the Notices, prohibiting Plaintiffs’ counsel from inquiring as to said items as well as prohibiting Plaintiffs’ counsel from inquiring as to Mrs. Burg’s care and treatment, and placing a reasonable time limit for the accumulate corporate representative depositions. WHEREFORE, Defendant, FAWCETT MEMORIAL HOSPITAL. INC., by and through its undersigned counsel, respectfully request this Honorable Court grant the Hospital’s Amended Page 5 of 7 Motion for Protective Order for Deposition, and for such other relief as this Court deems just and proper. /s/ Ronald Bush Ronald E. Bush, Esq. Florida Bar No.: 443964 Alexandra S. Farren, Esq. Florida Bar No.: 1018542 Bush Graziano Rice & Platter, P.A. 100 South Ashley Drive, Suite 1400 Tampa, FL 33602 Phone: (813) 228-7000 — Fax: (813) 273-0091 Attorney for Defendants, Fawcett Memorial Hospital and Abigail Utech Primary: eserve@bgrplaw.com Secondary: beonde@'berplaw.com -and- /s/_ John D. Emmanuel John D. Emmanuel, Esq. Florida Bar No, 475572 Buchanan Ingersoll & Rooney PC 401 E. Jackson St., Suite 2400 Tampa, FL 33602 Tel No. 813-222-8180 Fax No. 813-222-8189 John.emmanuel@bipe.com Additional Counsel for Defendant Fawcett Memorial Hospital, Inc. d/b/a Fawcett Memorial Hospital CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by electronic mail delivery on this 14th day of October, 2021 to: Edward R. Blumberg, Esquire, Deutsch Blumberg & Caballero, PA., Deutsch Blumberg & Caballero, P.A., New World Tower, Suite 2802, 100 N. Biscayne Blvd., Miami, FL 33132, ERB@DeutschBlumberg.com; rmitchell@Deutschblumberg.com; Counsel for PLAINTIFFS; John M. Stewart, Esquire and Michael J. Swan, Esquire, Rossway Swan Tierney Barry & Oliver, P.L., 2101 Indian River Blvd., Ste. 200, Vero Beach, FL 32960, jstewart@rosswaysw: APU TOSS an.com; mswan @rosswayswan.com, cdelo@rosswayswan.com; Co-Counsel for PLAINTIFFS; Page 6 of 7 Victoria N. Ferrentino, Esquire, Bush Graziano Rice & Platter, P.A., 100 S. Ashley Drive, Suite 1400, Tampa, FL 33602, c-serve @bgrplaw.com; Counsel FOR JOHN RIOUX, MD AND WEST FLORIDA PHYSICIAN NETWORK, LLC D/B/A GULF POINTE SURGICAL SPECIALISTS; Jay P. Chimpoulis, Esquire and Susanne E. Riedhammer, Esquire, Chimpoulis & Hunter, P.A., 159 South Pine Island Road, Suite 510, Plantation, FL 33324, jchimpoulis@chimpoulishunter.com; sricdhammer@ chimpoulishunter.com, Counsel for VANCE MALONEY, III, M.D. AND PUNTA GORDA MEDICAL INVESTORS, LLC D/B/A LIFE CARE CENTER OF PUNTA GORDA; Richard Bowers, Esquire, Brandon R. Scheele, Esquire, Banker Lopez Gassler P.A., 501 East Kennedy Blvd, Suite 1700, Tampa, FL 33602, rbowers @bankerlopez.com; service: rbowers @ bankerlopez.com, service-bscheele @ bankerlopez.com; Counsel for DILENDRA WEERASINGHE, M.D.,; Brett P. Gliosca, Esq. and Jeff Goodis, Esquire, La Cava Jacobson & Goodis, 150 2"? Avenue North, 15" Floor, St. Petersburg, FL 33701, stp-pleadings@ ljglegal.com; bgliosca@ Iiglegal.com, mmorgan@ lighkegal.com, and jgoodis@ljglegal.com, Counsel for SOVI JOSEPH, M.D. AND SOVI JOSEPH, M.D., P.A.; Ron M. Campbell, Esq., Barry A. Postman, Esq., and Daniel C. Calvert, Esq., Cole, Scott & Kissane, P.A., 27300 Riverview Center Boulevard, Suite 200, Bonita Springs, Florida 34134, ba postman @¢esklegal.com; ron.campbell @esklegal.com; daniel .calvert@csklegal.com; k al. perez @esklegal.com: Danicla.perez@esklegal.com, counsel for MILLENNIUM PHYSICIAN GROUP, LLC. AND CATHY CRISS; Ronald E. Bush, Esq. and Alexandra S. Farren, Esq., Bush Graziano Rice & Platter, P.A. 100 South Ashley Drive, Suite 1400, Tampa, FL 33602, eserve @ berplaw.com, bconde@' bgerplaw.com, Attorney for Defendants, Fawcett Memorial Hospital and Abigail Utech Walter J. Taché and Gavrila A. Brotz, Tache, Bronis, and Descalzo, P.A., 150 S.E. 2nd Avenue Suite 600, Miami, FL 33131, wlache @tachebronis.com; gbrotz@tachebronis.com; service @tachebronis.com, co-counsel for FAWCETT MEMORIAL HOSPITAL; and R. Ryan Rivas, Esq., Hall Booth Smith, P.C., 2701 N. Rocky Point Drive, Ste. 400, Tampa, FL 33607, RRivas @hallboothsmith.com; mhobbs @hallboothsmith.com;, counsel for SUSAN BRUNO. /s/ John D. Emmanuel John D. Emmanuel, Esq. Florida Bar No.: 475572 4839-8389-6575, v. 1 Page 7 of 7 Deborah Cooper Burg, et al vs. Fawcett Memorial Hospital, et al Case No. 2020-000616 CA EXHIBIT “A-1” Filing # 134655547 E-Filed 09/15/2021 01:28:28 PM IN THE CIRCUIT COURT OF THE 20% JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and 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 MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. N TICE OF T,NG VIDEOTAPED VIDE INFERENCED (ZOOM)/IN- PERSON DEPOSITION DUCES TECUM (Witness to be produced by counsel for Defendant Fawcett Memorial Hospital) (Cleared with defense counsel) PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped and videoconferenced (ZOOM)/in-person deposition of the following at the date and time indicated: Seulsch Bluntig & Calallere, PA. NEW WORLD TOWER - 100.N BISCAYNE BOULEVARD. SUITE 2002 - MIAM:, FLORIDA 33132 » TEL (305) 356-6929 ] Name: DR. GEORGE RUGGIERO and/or the F.R.C.P. 1.310(b)(6) designated corporate representative(s) of Fawcett Memorial Hospital, Inc. as to the matters listed herein: a. The availability of nutritional supplements and vitamins, orally, intravenously, and parenterally, for patients such as Deborah Cooper Burg to receive in the emergency room and as an inpatient at Fawcett Memorial Hospital in June, July, and August 2019. The procedures concerning the July 25, 2019 recommendation of Dr. Nandini Kiri that an evaluation for nutritional supplements be followed up on and occur, as well as why it did not occur. c Knowledge as to the reasons why as a MBSAQIP accredited center, a registered dietitian did not evaluate and assess Deborah Cooper Burg during her July 2019 emergency room visits and July 2019 inpatient admission at Fawcett Memorial Hospital. The responsibilities and duties of registered dietitian Susan Bruner and registered dietitian Abigail Utech as far as Deborah Cooper Burg’s care is concerned. The availability of bariatric nurses at Fawcett Memorial Hospital to provide care to Deborah Cooper Burg in July and August 2019 during her emergency room visits and inpatient admissions. As a MBSAQIP accredited center, the responsibilities of Fawcett Memorial Hospital to provide a bariatric surgeon to actually evaluate, assess, care for and treat Deborah Cooper Burg during her emergency room visits and inpatient admissions at Fawcett Memorial Hospital in July and August 2019. The names, job titles, and addresses of all Fawcett Memorial Hospital staff who were available to evaluate, assess, and care for Deborah Cooper Burg during her emergency room visits and inpatient admissions in July and August 2019 with expertise and knowledge as to the needs of a post-bariatric surgery patient such as Deborah Cooper Burg. With particularity, this area of inquiry concerns those in-house members of Fawcett Memorial Hospital staff available to evaluate, assess, and treat Deborah Cooper Burg as to Thiamine deficiency as well as implement the administration of Thiamine. The responsibilities and obligations of the attending physician assigned to a patient at Fawcett Memorial Hospital in July and August 2019 of providing nutrition and vitamins. The obligations and methods of Fawcett Memorial Hospital owed to patients including Deborah Cooper Burg in the emergency room and as an inpatient in July and August 2019 as Seulsch Slunliag ad Calallive, PA. NEW WORLD TOWER - 100N BISCAYNE BOULEVARD. SUITE 2802 - MAM! F(ORIDA 33192 - TEL (2051 958-6979. to providing proper and necessary nutrition and vitamin supplementation. The education and training provided to Abigail Utech and Susan Bruner as to the necessity and importance of the receipt of ongoing vitamin B1 supplementation for post-bariatric surgery patients such as Deborah Cooper Burg. The nursing policies, procedures and protocols at Fawcett Memorial Hospital in effect in June, July, and August 2019. With particularity, this references all policies, procedures, and protocols concerning the evaluation, assessment, monitoring, and implementation of proper and adequate nutrition and vitamin B1/Thiamine as set forth in any of the Fawcett Memorial Hospital policies, procedures, and protocols in effect in June, July, and August 2019. L The nutrition and dietary policies, procedures, and protocols at Fawcett Memorial Hospital in effect in June, July, and August 2019. The Medical Staff Bylaws, Rules and Regulations at Fawcett Memorial Hospital in effect in June, July, and August 2019. With particularity, this references all Medical Staff Bylaws, Rules and Regulations concerning the evaluation, assessment, monitoring, and implementation of proper and adequate nutrition and vitamin B1/Thiamine as set forth in any of the Fawcett Memorial Hospital Medical Staff Bylaws, Rules and Regulations in effect in June, July, and August 2019. The policies and procedures at Fawcett Memorial Hospital in June, July, and August 2019 as to the role of a hospitalist such as Dr. Nandini Kiri being the physician that admits the patient as well as the role of the hospitalist in providing ongoing care and treatment for the patient including the ordering of consults of other health care providers. The policies, procedures, protocols, rules, regulations, bylaws and all other written material in effect in June, July, and August 2019 at Fawcett Memorial Hospital setting forth the responsibilities, duties and expectations of admitting physicians, attending physicians, bariatric surgeons, consulting physicians, gastroenterologists, general surgeons, registered dietitians, and bariatric coordinators. With particularity, this applies to the evaluation and treatment of Deborah Cooper Burg as to malnutrition and vitamin depletion and the symptoms therefrom including depletion of vitamin B1 in the face of impending or actual Wernicke Encephalopathy. D Wednesday, October 20, 2021 at 10:00 a.m. EST Seulsch Bluntirg ad Calallive, PL. NEW WORLO TOWER + 100.N BISCAYNE BOULEVARD SUITE 2802 - MIAMI, FLORIDA 33132 - TEL (205) 358-63293 Place: Actual location to be provided at a later date and/or via Zoom Videoconference Zoom meeting link: to be provided at a later date upon oral examination before Veritext Reporting, or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court, including the applicable Rules of Civil Procedure. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 15™ day of September, 2021 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 Tel: (305) 358-6329 / Fax: (305) 358-9304 E-mails: erb@deutschblumberg.com; rmitchell@deutschblumberg.com By: __/s/Edward R. Blumberg EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Seulsch . Blunterg dt Calallire, DP. ¢ 7. NEW WORLO TOWER + 100 N BISCAYNE BOULEVARD, SUITE 2602 - MIAMI, FLORIDA 33132 - TEL (905) 258-6204, BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: mswan@rosswayswan.com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A. Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 rbowers@bankerlopez.con Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpoulis@ChimpoulisHunter.com Victoria N. Ferrentino, Esq. Erin B. Reynolds, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@bgrplaw.com;eserve@bgrplaw.com; and dhensley@bgrplaw.com ereynolds@bgrplaw.com 1]P ay Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: stp-pleadings@ljqlegal.con bgliosca@ljglegal.com; mmorgan@ljglegal.com Ronald E. Bush, Esq. Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@bgrplaw.com; |Iplyushko@bgrplaw.com; bconde@bgrplaw.com R. Ryan Rivas, Esq. Hall Booth Smith, P.C. Attorneys for SUSAN BRUNER 2701 North Rocky Point Drive, Suite 400 Tampa, Florida 33607 Telephone — 727-568-8435 Emails: rrivas@hallboothsmith.com; mhobbs@hallboothsmith.com Barry A. Postman, Esq. Ron M. Campbell, Esq. Daniel C. Calvert, Esq. Cole, Scott & Kissane, P.A. Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Telephone: 239-690-7925 Facsimile: 239-738-7778 Emails: barry.postman@csklegal.com; ron.campbell@csklegal.com; daniel.calvert@csklegal.com; krystal.perez@csklegal.com; daniela.perez@csklegal.com 2[Paue Walter H. Tache, Esq. Gavrila A. Brotz, Esq. Tache, Bronis, and Descalzo, P.A. Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL 150 S.E. 2nd Avenue, Suite 600 Miami, FL 33131 Telephone: 305-537-9565 Facsimile: 305-537-9567 Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com 3] Pane Deborah Cooper Burg, et al vs. Fawcett Memorial Hospital, et al Case No. 2020-000616 CA EXHIBIT “A-2” Filing # 135466769 E-Filed 09/28/2021 01:28:17 PM IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and 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 MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / IDED N E N EQT, A DE INFERENCED ZOOM)/IN-PE! IN_DEP* IN DUCE: ECUM (Witness to be produced by counsel for Defendant Fawcett Memorial Hospital) (This is a reserved deposition date as ordered by the Court.) PLEASE TAKE NOTICE that the undersigned attorneys will take the videotaped and videoconferenced (ZOOM)/in-person deposition of the following at the date and time indicated: Pauls Bliantirg & Catallion, PA, NEW WORLO TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 - MIAMI, FLORIDA 33132 - TEL (305) 358-6979 | Name: KIM HALL (The deposition will be conducted under general discovery rules as well as F.R.C.P. 1.310(b)(6) as to the matters listed herein: a The responsibilities and duties of registered dietitian Susan Bruner and registered dietitian Abigail Utech as far as Deborah Cooper Burg’s care is concerned. The education and training provided to Abigail Utech and Susan Bruner as to the necessity and importance of the receipt of ongoing vitamin B1 supplementation for post- bariatric surgery patients such as Deborah Cooper Burg. The nutrition and dietary policies, procedures, and protocols at Fawcett Memorial Hospital in effect in June, July, and August 2019. The policies, procedures, protocols, rules, regulations, bylaws and all other written material in effect in June, July, and August 2019 at Fawcett Memorial Hospital setting forth the responsibilities, duties and expectations of registered dietitians. With particularity, this applies to the evaluation and treatment of Deborah Cooper Burg as to malnutrition and vitamin depletion and the symptoms therefrom including depletion of vitamin B1 in the face of impending or actual Wernicke Encephalopathy. Date/Time: Thursday, October 21, 2021 at 9:00 a.m. EST Place: Actual location to be provided at a later date and/or via Zoom Videoconference Zoom meeting link: to be provided at a later date Join Zoom Meeting https: isO2web.z m.us/j/84976102274?pwd=S2FITjNaS1IVLczNjOW5BM 2ovTnIzdz09 Meeting ID: 849 7610 2274 Passcode: 610446 upon oral examination before Veritext Reporting, or any other Notary Public or officer authorized by law to take depositions in the State of Florida. The oral examination will continue from day to day until completed. The deposition is being taken for the purpose of discovery, for use at trial, or for such other purposes as are permitted under the Rules of Court, including the applicable Rules of Civil Procedure. Heats Blianberg & Caballire, PA, NEW WORLO TOWER - 100N BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 39132 - TEL (305) 358-6929.) CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 28' day of September, 2021 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 Tel: (305) 358-6329 / Fax: (305) 358-9304 E-mails: erb@deutschblumberg.com; rmitchell@deutschblumberg.com By: __/s/Edward R. Blumberg EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Peutscl Blunberg &- Calballiar, PV. NEW WORLO TOWER - 100 N BISCAYNE BOULEVARD, SUITE 2602 - MIAMI, FLORIDA 39132 - TEL (205) 358-6293 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: mswan@rosswayswan.com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A. Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 rbowers@bankerlopez.com Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpoulis@ChimpoulisHunter.com Victoria N. Ferrentino, Esq. Erin B. Reynolds, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@bgrplaw.com;eserve@bgrplaw.com; and dhensley@bgrplaw.com ereynolds@barplaw.com I[Page Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: stp-pleadings@liglegal.com,; bgliosca@liglegal.com; mmorgan@liglegal.com Ronald E. Bush, Esq. Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@barplaw.com; |Iplyushko@bgrplaw.com; bconde@bgrplaw.com R. Ryan Rivas, Esq. Hall Booth Smith, P.C. Attorneys for SUSAN BRUNER 2701 North Rocky Point Drive, Suite 400 Tampa, Florida 33607 Telephone — 727-568-8435 Emails: rrivas@hallboothsmith.com; mhobbs@hallboothsmith.com Barry A. Postman, Esq. Ron M. Campbell, Esq. Daniel C. Calvert, Esq. Cole, Scott & Kissane, P.A. Attorneys for CATHY CRISS and MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP 27300 Riverview Center Boulevard, Suite 200 Bonita Springs, FL 34134 Telephone: 239-690-7925 Facsimile: 239-738-7778 Emails: barry.postman@csklegal.com; ron.campbell@csklegal.com; daniel.calvert@csklegal.com; krystal.perez@csklegal.com; daniela.perez@cskleqal.com 2|Page Walter H. Tache, Esq Gavrila A. Brotz, Esq. Tache, Bronis, and Descalzo, P.A. Co-Counsel for Defendant FAWCETT MEMORIAL HOSPITAL 150 S.E. 2nd Avenue, Suite 600 Miami, FL 33131 Telephone: 305-537-9565 Facsimile: 305-537-9567 Emails: wtache@tachebronis.com; service@tachebronis.com; gbrotz@tachebronis.com 3|Page Deborah Cooper Burg, et al vs. Fawcett Memorial Hospital, et al Case No. 2020-000616 CA EXHIBIT “B” BusH GRAZIANO RICE PLATTER, P.A. TRIAL LAWYERS 100S. ASHLEY DRIVE PHO! 3.228.7000 SUITE 1400 MI 3.273, 091 TAMPA, FLORIDA 33602 cum RONALD E. BUSH rbushi@bgrplaw.com September 15, 2021 VIA EMAIL Edward R. Blumberg, Esq. 100 N. Biscayne Blvd., Suite 2802 Miami, Florida 33132 RE: Burg v. Fawcett Memorial Hospital Our File No.: 1185.275 Dear Ed: 1 am writing in follow-up to the hearing on September 13, 2021, and in particular to the issues involving the F.R.C.P. 1.310 (b)(6) Corporate Representatives Depositions of Fawcett Memorial Hospital. This will confirm we previously provided the dates of October 19 or 20, 2021. The deposition will need to be conducted virtually, via the Zoom platform. | did note that an email went out earlier today circulating the aforementioned dates for Dr. Ruggiero’s deposition. We have offered to produce Dr. George Ruggiero, CMO of Fawcett Memorial Hospital to address the majority of areas of inquiry previously identified by your office. We do not have an actual Notice of Taking Deposition. Consequently, | do not have the actual identified areas of inquiry. However, attached to this correspondence is what I understand to be proposed areas of inquiry previously provided by your office. Please confirm whether the attached areas of inquiry are those you intend to incorporate into your notice, or alternatively please provide the actual notice. Dr. Ruggiero will be produced to provide corporate representative testimony concerning the following identified areas of inquiry. It is our position there is a distinction between first-hand, fact witness testimony and corporate representative testimony. Testimony regarding Ms. Burg’s care and treatment at the hospital is a proper subject for fact witness testimony and not corporate representative testimony. We do not plan on permitting Dr. Ruggiero to respond to fact based inquiry concerning Mrs. Burg’s care and treatment. We will permit Dr. Ruggiero to provide corporate representative testimony concerning specifically identified areas of inquiry not directed to the specific care and treatment of Mrs. Burg. I am providing our position in advance so as to avoid the situation you referenced, concerning the lack of advanced notice, in the September 13, 2021, hearing. Subject to the aforementioned limitations, Dr. Ruggiero will be put forward to address the following areas of inquiry: EXHIBIT "B" Edward R. Blumberg, Esq. September 15, 2021 Page 2 of 3 The availability of nutritional supplements and vitamins, orally, intravenously, and parenterally, for patients to receive in the emergency room and as an inpatient at Fawcett Memorial Hospital in June, July, and August 2019. The procedures concerning the July 25, 2019, recommendation of Dr. Nandini Kiri that an evaluation for nutritional supplements be followed up on and occur, as well as why it did not occur. Knowledge as to the reasons why as a MBSAQIP accredited center, a registered dietitian did not evaluate and assess Deborah Cooper Burg during her July 2019 emergency room visits and July 2019 inpatient admission at Fawcett Memorial Hospital. The availability of bariatric nurses at Fawcett Memorial Hospital to provide care to Deborah Cooper Burg in July and August 2019 during her emergency room visits and inpatient admissions. As a MBSAQIP accredited center, the responsibilities of Fawcett Memorial Hospital to provide a bariatric surgeon to actually evaluate, assess, care for and treat Deborah Cooper Burg during her emergency room visits and inpatient admissions at Fawcett Memorial Hospital in July and August 2019. g The names, job titles, and addresses of all Fawcett Memorial Hospital staff who were available to evaluate, assess, and care for Deborah Cooper Burg during her emergency room visits and inpatient admissions in July and August 2019 with expertise and knowledge as to the needs of a post-bariatric surgery patient such as Deborah Cooper Burg. This area of inquiry is vague, ambiguous and overly broad. We will need to either have the scope of the inquiry narrowed and clarified or_seck judicial intervention concerning the same. The responsibilities and obligations of the attending physician assigned to a patient at Fawcett Memorial Hospital in July and August 2019 of providing nutrition and vitamins. The obligations and methods of Fawcett Memorial Hospital owed to patients including Deborah Cooper Burg in the emergency room and as an inpatient in July and August 2019 as to providing proper and necessary nutrition and vitamin supplementation. The nursing policies, procedures and protocols at Fawcett Memorial Hospital in effect in June, July, and August 2019. This area of inquiry is vague, ambiguous and overly broad. We will need to either have the scope of the inquiry narrowed and clarified or seek judicial intervention concerning the sam The Medical Staff Bylaws, Rules and Regulations at Fawcett Memorial Hospital in effect in June, July, and August 2019. This area of inquiry is vague, ambiguous and overly broad. We will need to either have the scope of the inquiry narrowed and clarified or seek judicial intervention concerning the same The policies and procedures at Fawcett Memorial Hospital in June, July, and August 2019 as to the role of a hospitalist such as Dr. Nandini Kiri being the physician that Edward R. Blumberg, Esq. September 15, 2021 Page 3 of 3 admits the patient as well as the role of the hospitalist in providing ongoing care and treatment for the patient including the ordering of consults of other health care providers. The policies, procedures, protocols, rules, regulations, bylaws and all other written material in effect in June, July, and August 2019 at Fawcett Memorial Hospital setting forth the responsibilities, duties and expectations of admitting physicians, attending physicians, bariatric surgeons, consulting physicians, gastroenterologists, general surgeons, registered dietitians, and bariatric coordinators. Dr. Ruggiero will address this area of inquiry except as related to Registered Dieticians. In addition, this area of inquiry is vague, ambiguous and overly broad. We will need to either have the Scope of the inquiry narrowed and clarified or seek judicial intervention concerning the same. Per the Court’s ruling we will identify a corporate representative to address those areas not being addressed by Dr. Ruggiero within ten days. | look forward to receiving the actual Notice of deposition and to working with you to resolve the issues identified herein.