Preview
Filing # 135908849 E-Filed 10/05/2021 10:23:42 AM
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 MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA;
LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
/
PLAINTIFFS’ AMENDED MOTION TO OVERRULE DEFENDANT FAWCETT"
‘AL, INC. L
OBJECTIONS TO WITNESS DR. GEORGE RUGGIERO, CMO, AS TO CARE AND
EATMENT OF PLAINT:
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her
spouse, by and through their undersigned attorneys, and as their Amended Motion to
Overrule Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
Deutsch Blumberg
& Caballiro, PA,
NEW WORLD TOWER + 100N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33132 - TEL (S05) 358-6920 4
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
HOSPITAL'S objections to witness Dr. George Ruggiero, CMO, as to care and treatment of
Plaintiff DEBORAH COOPER BURG, state:
1. On September 15, 2021, Plaintiffs set the deposition of Dr. George Ruggiero, CMO
of Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
HOSPITAL, produced by Defendant FAWCETT MEMORIAL HOSPITAL as a F.R.C.P.
1,310(b)(6) designated corporate representative as to various subjects. See
attached Exhibit A. On September 30, 2021, Plaintiffs filed their second amended
notice of taking the deposition of Dr. Ruggiero to add matters that Dr. Ruggiero is
expected to testify to, pursuant to agreement with counsel for Defendant FAWCETT
MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL. See attached
Exhibit B.
Counsel for Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT
MEMORIAL HOSPITAL has interposed an objection that it does not plan on
“permitting Dr. Ruggiero to respond to fact based inquiry concerning Mrs. Burg’s
care and treatment”.
Contrary to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCET
MEMORIAL HOSPITAL'S objection, it is permissible to inquire of the F.R.C.P.
1.310(b)(6) witness into areas outside of the matters described in the Notice.
Indeed, the general deposition rules govern so that questions may be asked and no
special protection is conferred on a deponent by virtue of the fact that the
deposition is of a F.R.C.P. 1.310(b)(6) witness. See Carriage
Hills Condo v. JBH
Deutsch Blunberg
& Caballero, PA,
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2002 - MIAMI, FLORIDA 33132 - TEL (305) 388-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
Roofing, 109 So.3d 329 (4DCA 2013) (attached hereto as Exhibit C), which
incorporates by express reference, King v. Pratt & Whitney, 161 F.R.D. 475 (S.D.
Fla. 1995) (attached hereto as Exhibit D). King clearly holds that questions can be
asked outside the scope of the matters described in the Notice. Relevant questions
may be asked and no special protection is granted the witness.
Moreover, in this complex medical malpractice case wherein Defendant FAWCE
MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL has filed
multiple affirmative defenses including the reliance on a “Fabre” affirmative defense
but without naming the actual “Fabre” defendants, Plaintiffs are entitled to inquire
of the physician witness, Dr. George Ruggiero who is, by information and belief, the
Chief Medical Officer of Defendant FAWCETT MEMORIAL HOSPITAL, INC, d/b/a
FAWCETT MEMORIAL HOSPITAL, as to his opinions and positions related to
DEBORAH COOPER BURG as well as the affirmative defenses raised by Defendant
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL. See
Weyant
v. Rawlings, 389 So2d 710 (2DCA 1980) (attached as Exhibit E); Webbv.
Priest, 413 So2d 43 (3DCA 1982) (attached as Exhibit F).
Moreover, F.R.C.P. 1.280(b)(1) is applicable to depositions and clearly provides that
Plaintiffs may obtain discovery of any matter not privileged that is relevant to the
subject matter of the pending action. (attached as Exhibit G) “The discovery rules
are to be liberally construed so as to permit any form of discovery within the scope
of the rules.” (Weyant supra @ 711).
Deutsch Blunberg
& Caballero, PLA,
(NEW WORLD TOWER » 100N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33192 - TEL (305) 259-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
WHEREFORE, it is respectfully requested that Defendant FAWCETT MEMORIAL
HOSPITAL, INC, d/b/a FAWCETT MEMORIAL HOSPITAL'S objection be overruled.
CERTIFICATE
OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 5" day of October, 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
(305) 358-6329
(305) 358-9304 (facsimile)
Email — erb@deutschblumberg.com;
rmitchell hb
By: mber:
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deulsch Blinberg
& Caballero, PA,
NEW WORLD TOWER - 100N. BISCAYNE BOULEVARD, BUITE 2802 » MIAMI, FLORIDA 33132 - TEL (905) 350-6920
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-b: le@bankerlo; 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,
Ill
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpoutis@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@barplaw.com; and dhensley@barplaw.com
reynolds@barplaw.com
1|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; baliosca@liglegal.com; mmorgan@ligtegal.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@barplaw.com; beonde@barplaw.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@cskleaal.com; ron.campbell@csklegal.com;
daniel.calvert@csklegal.com; ki sklegal.com; daniela.perez@csklegal.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
John D. Emmanuel, Esq.
Buchanan Ingersoll & Rooney, PC
401 East Jackson Street, Suite 2400
Tampa, Florida 33602
Telephone: (813) 222-8180
Fax: (813) 222-8189
Emails: john.emmanuel@bipc.com, Sabrina.storno@bip¢c.com
3[Page
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 EXHIBIT
VANCE MALONEY, III,
Defendants.
NOL CIN ID OTA ND VID OCONE! ENCED (Z00 N-
(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:
Deutsch Blumberg
& Ccballere,
PA,
NEW WORLD TOWER - 100 H. BESCAYIE BOULEVARD, SUITE £902 » MAM, FLOPUDA 33132 » TEL (209) 280-6929 ]
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.
b. 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
H.
d. The responsibilities and duties of registered dietitian Susan
Bruner and registered dietitian Abigail! Utech as far as Deborah
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 Fawoett
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,
go 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 weil as implement the
administration of Thiamine.
h, 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
t Caballor,
PA,
NEW WORLD TOWER + (00K. BFECAYNE BOULEVARD, SUITE 2902 « WAM, FLORIDA 93122 + TEL (205) 298-6990
to providing proper and necessary nutrition and vitamin
supplementation.
j. 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.
k. The nursing pol 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,
4 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 induding depletion of vitamin B1 in the face of
impending or actual Wemicke Encephalopathy.
Date/Time: Wednesday, October 20, 2021 at 10:00 a.m. EST
& Caballere,
PA,
NEW WORLD TOWER - 100 11. BEDCAVIE BOULEVARD, SUITE 2802 - MAB, FLORIDA 23192 - TEL (208) 258-4920
Place: : Actual location to be provided at a later date
and/or via Zoom Videoconference
Zoom meeting iink: 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:
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deutsch
t Caballire,,
PL,
EW WORLD TOWER + 100 0. BEBCAYHE BOULEVARD,
SUITE 2002 + MIAMI, FLORIDA 39132 - TEL (908) 256-62204,
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
Email: service-rhowers@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,
m1
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@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com
ereynolds@barptaw.com
1|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@ljgleaal.com; bgliosca@ljglegal.com; mmorgan@liategal.com
Ronald €. 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; {plyushko@barplaw.com; bconde@barplaw.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@cskleaal.com;
daniel. calvert@cskleaal.com; krystal.perez@cskleaal.com; daniela,perez@csklegal.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; abrotz@tachebronis.com
3|Page
Filing # 135666388 E-Filed 09/30/2021 02:01:54 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.
OCOON ‘OOM LN-PERSON DEPOSITION Dic! TECEM
(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
videaconferenced (ZOOM)/in-person deposition of the following at the date and time
indicated:
Deutsch Blunbeg EXHIBIT
& Caballero,
PA,
NEW WORLD TOWER - 100 MW. GISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 39132 + TEL (905) 358-6329|
i B
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.
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.
e 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,
f. The names, job tities, 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.
g. 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. With
particularity, this references all policies, procedures, and
protocols concerning the evaluation, assessment, monitoring,
¢ Caballere, PLA,
NEW WORLD TOWER + 100 N. BISCAYHE BOULEVARD, SUITE 2002 » MUM. FLORIDA $3132 - TEL (B05) 280-0320)
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,
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.
The meaning of the attached production from the Fawcett
Memorial Hospital pharmacy to be able to explain the various
abbreviations, columns, and labels and what they mean as to the
availability of the listed vitamins, as well as the methodologies
and availability of ordering vitamin B1 (Thiamine), vitamin B12,
and vitamin B Complex intravenously, parenterally, and orally in
the event Fawcett Memorial Hospital needs additional supplies.
Wednesday, October 20, 2021 at 10:00 a.m. EST
Actual location to be provided at a later date
and/or via Zoom Videoconference
Zoom meeting ink:
Deutsch Blumberg
Caballire, PA,
(EWE WORLD TOWER » 100 N. BISCAYNE BOULEVARD, SUITE 2902 - MLAM), FLORIDA $9132 + TEL (209) 386-0929°3,
net 50 fen 1 v= Mi mq SVOdOTSaxNn
Meeting ID: 821 3880 2515
Passcode: 406606
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 30% 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/EdwardR,
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Daioh Blunberg
& Caballero, PL,
NEW WORLD TOWER + 100N. BIECAYNE BOULEVARD, QUITE 202 - MIAMI, FLORIDA $9182 » TEL (908) 386-€9204,
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
Emall service-fbowers@bankerloper.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,
Ill
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. Ashiey Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emalls: vferrentino@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com
ereynolds@barplaw.com
1|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; ballosca@Hialeaal,com; mmorgan@ljgleaai.com
RonaldE. 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@barplaw.com; bconde@barplaw.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
Danie! 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@ krystal.
cskl perez@csklega
egall.com; daniela,perez
.com @cskleaal.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
John D. Emmanuel, Esq.
Buchanan Ingersoll & Rooney, PC
401 East Jackson Street, Suite 2400
Tampa, Florida 33602
Telephone: (813) 222-8180
Fax: (813) 222-8189
Emails: john.emmanuel@bipc.com, Sabrina.storno@bipc.com
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CARRIAGE HILLS CONDO v. JB ROOFING
Cte as 109 Sod 329 (FlaApp.
4 Dist. 2013) Fla, 329
voice. West's FSA RCP Rule
CARRIAGE HILLS CONDOMINIUM, 1.310(hy6).
INC, Appellant,
2. Pretrial Procedure €>101
¥. ‘Witnesses designated by corporation
JBH ROOFING & CONSTRUCTORS, to testify under rule that requires corpora-
INC, a Florida corporation, tion to produce witnesses who can testify
Appellee. as to the corporation’s knowledge of topics
that deposing party has identified repre-
No. 4D11-2251.
sents the collective knowledge of the cor-
District Court of Appeal of Florida, poration, not of the individual deponents.
Fourth District. West's F'S.A. RCP Rule 1.310(b)(6).
March 20, 2018. 3. Pretrial Procedure S101
Background: Roofing contractor brought As the corporation's voice, the witness
action against condominium owner's’ asso- who has been designated by the corpora-
ciation for breach of contract, among other tion to testify in a deposition pursuant to
claims, The Circuit Court, Seventeenth Ju- rule that requires corporation to produce
dicial Circuit, Broward County, Mily Rod- witnesses, who can testify as to the corpo-
riguez-Powell, J., entered summary judg- ration’s knowledge of topics that deposing
ment in favor of contractor. Association party has identified, does not simply testi-
appealed. fy about matters within his or her personal
Holdings: The District Court of Appeal,
knowledge, but rather is speaking for the
Michael J. Hanzman, J, held that: corporation; put simply, the corporation
appears vicariously through its designees.
(1) notice of deposition which called for Weat's F.S.A. ROP Rule 1.310(bX6).
association to produce representative
with the most knowledge was not pro- 4, Pretrial Procedure 101
vided for by rule; ‘The corpor
must ati
prepare on
the wit-
@) association failed to satisfy its burden ness who has been designated by the cor-
under rule; and poration to testify in a deposition pursuant
(3) testimony by deponent designatedby to rule that requires corporatio to pro-
n
association did not bind association, duce witnesses, who can testify as to the
corporation's knowledge of topics that de-
Reversedand remanded. Posing party has identified, to the extent
matters are reasonably available, whether
1. Pretsial Procedure ¢>101 from docume past employee
nts s, or ,
other
sources; prepar must ati
enable on
the des-
Rule which requires party seeking
discovery from a corporatio ignee to give complete, knowledgeable, and
to describe,
n binding answers on behalf of the
with reasonable particularity, the matter
for examination and the responding entity tion. West's F.3.A. RCP Rule 1.310(b)(6).
to produce witnesses who can testify as to 5. Pretrial Procedure e221
the corpor knowledg
ati e on'
of the speci-
s Te the witness who has been designat-
fied topics enables the deposing party to ed by the corpor to testify
ati in on
s depo-
gather information from the corporation sition pursuant to rule that requires cor-
by way of s human being named by that Poration to produce witnesse
whos,
can
corpor to serve ati
as the corporatio
onn’s teatify as to the corporatio knowled
n'sge
EXHIBIT
C
330 Fla. 109 SOUTHERN REPORTER, 3d SERIES
of topies that depo party
singhas identi- tion to produce witnesses who can testify
, cannot answer questions regarding as to the corporation's knowledge of topics
the designated subject matter, the corpo- that deposing party has identified in the
ration has failed to comply with its obli- game sense that any individual deposed
gation and may be subject to sanctions, under rule would be bound by his or her
Fed.Rules Civ.Proc.Rule 30(b)(6), 23 testimony such that the witness has com-
USCA, mitted to a position at a particular point in
6. Pretrial Procedure 101 time; it does not mean that the witness has
made a judicial admission that formally
Rule that requires corporation to pro-
duce witnesses who can testify as to the and finally decides an issue. West's F.S.A.
RCP Rule 1.310(6X6).
corporation's knowledge of topics that de-
posing party has identified does not re- 10. Pretrial Procedure 101, 202
quire, or for that matter even contemplate,
‘The fact that testimony given under
‘that the corporat produce the
ionwitness rule that requires corporation to produce
with the most knowledge on the specified witnesses who can te
Preview
Filing # 135908849 E-Filed 10/05/2021 10:23:42 AM 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 MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / PLAINTIFFS’ AMENDED MOTION TO OVERRULE DEFENDANT FAWCETT" ‘AL, INC. L OBJECTIONS TO WITNESS DR. GEORGE RUGGIERO, CMO, AS TO CARE AND EATMENT OF PLAINT: COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and as their Amended Motion to Overrule Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL Deutsch Blumberg & Caballiro, PA, NEW WORLD TOWER + 100N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33132 - TEL (S05) 358-6920 4 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 HOSPITAL'S objections to witness Dr. George Ruggiero, CMO, as to care and treatment of Plaintiff DEBORAH COOPER BURG, state: 1. On September 15, 2021, Plaintiffs set the deposition of Dr. George Ruggiero, CMO of Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL, produced by Defendant FAWCETT MEMORIAL HOSPITAL as a F.R.C.P. 1,310(b)(6) designated corporate representative as to various subjects. See attached Exhibit A. On September 30, 2021, Plaintiffs filed their second amended notice of taking the deposition of Dr. Ruggiero to add matters that Dr. Ruggiero is expected to testify to, pursuant to agreement with counsel for Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL. See attached Exhibit B. Counsel for Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL has interposed an objection that it does not plan on “permitting Dr. Ruggiero to respond to fact based inquiry concerning Mrs. Burg’s care and treatment”. Contrary to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCET MEMORIAL HOSPITAL'S objection, it is permissible to inquire of the F.R.C.P. 1.310(b)(6) witness into areas outside of the matters described in the Notice. Indeed, the general deposition rules govern so that questions may be asked and no special protection is conferred on a deponent by virtue of the fact that the deposition is of a F.R.C.P. 1.310(b)(6) witness. See Carriage Hills Condo v. JBH Deutsch Blunberg & Caballero, PA, NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2002 - MIAMI, FLORIDA 33132 - TEL (305) 388-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 Roofing, 109 So.3d 329 (4DCA 2013) (attached hereto as Exhibit C), which incorporates by express reference, King v. Pratt & Whitney, 161 F.R.D. 475 (S.D. Fla. 1995) (attached hereto as Exhibit D). King clearly holds that questions can be asked outside the scope of the matters described in the Notice. Relevant questions may be asked and no special protection is granted the witness. Moreover, in this complex medical malpractice case wherein Defendant FAWCE MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL has filed multiple affirmative defenses including the reliance on a “Fabre” affirmative defense but without naming the actual “Fabre” defendants, Plaintiffs are entitled to inquire of the physician witness, Dr. George Ruggiero who is, by information and belief, the Chief Medical Officer of Defendant FAWCETT MEMORIAL HOSPITAL, INC, d/b/a FAWCETT MEMORIAL HOSPITAL, as to his opinions and positions related to DEBORAH COOPER BURG as well as the affirmative defenses raised by Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL. See Weyant v. Rawlings, 389 So2d 710 (2DCA 1980) (attached as Exhibit E); Webbv. Priest, 413 So2d 43 (3DCA 1982) (attached as Exhibit F). Moreover, F.R.C.P. 1.280(b)(1) is applicable to depositions and clearly provides that Plaintiffs may obtain discovery of any matter not privileged that is relevant to the subject matter of the pending action. (attached as Exhibit G) “The discovery rules are to be liberally construed so as to permit any form of discovery within the scope of the rules.” (Weyant supra @ 711). Deutsch Blunberg & Caballero, PLA, (NEW WORLD TOWER » 100N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33192 - TEL (305) 259-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 WHEREFORE, it is respectfully requested that Defendant FAWCETT MEMORIAL HOSPITAL, INC, d/b/a FAWCETT MEMORIAL HOSPITAL'S objection be overruled. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 5" day of October, 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 (305) 358-6329 (305) 358-9304 (facsimile) Email — erb@deutschblumberg.com; rmitchell hb By: mber: EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deulsch Blinberg & Caballero, PA, NEW WORLD TOWER - 100N. BISCAYNE BOULEVARD, BUITE 2802 » MIAMI, FLORIDA 33132 - TEL (905) 350-6920 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-b: le@bankerlo; 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, Ill 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpoutis@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@barplaw.com; and dhensley@barplaw.com reynolds@barplaw.com 1|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; baliosca@liglegal.com; mmorgan@ligtegal.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@barplaw.com; beonde@barplaw.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@cskleaal.com; ron.campbell@csklegal.com; daniel.calvert@csklegal.com; ki sklegal.com; daniela.perez@csklegal.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 John D. Emmanuel, Esq. Buchanan Ingersoll & Rooney, PC 401 East Jackson Street, Suite 2400 Tampa, Florida 33602 Telephone: (813) 222-8180 Fax: (813) 222-8189 Emails: john.emmanuel@bipc.com, Sabrina.storno@bip¢c.com 3[Page 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 EXHIBIT VANCE MALONEY, III, Defendants. NOL CIN ID OTA ND VID OCONE! ENCED (Z00 N- (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: Deutsch Blumberg & Ccballere, PA, NEW WORLD TOWER - 100 H. BESCAYIE BOULEVARD, SUITE £902 » MAM, FLOPUDA 33132 » TEL (209) 280-6929 ] 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. b. 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 H. d. The responsibilities and duties of registered dietitian Susan Bruner and registered dietitian Abigail! Utech as far as Deborah 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 Fawoett 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, go 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 weil as implement the administration of Thiamine. h, 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 t Caballor, PA, NEW WORLD TOWER + (00K. BFECAYNE BOULEVARD, SUITE 2902 « WAM, FLORIDA 93122 + TEL (205) 298-6990 to providing proper and necessary nutrition and vitamin supplementation. j. 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. k. The nursing pol 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, 4 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 induding depletion of vitamin B1 in the face of impending or actual Wemicke Encephalopathy. Date/Time: Wednesday, October 20, 2021 at 10:00 a.m. EST & Caballere, PA, NEW WORLD TOWER - 100 11. BEDCAVIE BOULEVARD, SUITE 2802 - MAB, FLORIDA 23192 - TEL (208) 258-4920 Place: : Actual location to be provided at a later date and/or via Zoom Videoconference Zoom meeting iink: 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: EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deutsch t Caballire,, PL, EW WORLD TOWER + 100 0. BEBCAYHE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 39132 - TEL (908) 256-62204, 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 Email: service-rhowers@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, m1 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@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com ereynolds@barptaw.com 1|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@ljgleaal.com; bgliosca@ljglegal.com; mmorgan@liategal.com Ronald €. 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; {plyushko@barplaw.com; bconde@barplaw.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@cskleaal.com; daniel. calvert@cskleaal.com; krystal.perez@cskleaal.com; daniela,perez@csklegal.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; abrotz@tachebronis.com 3|Page Filing # 135666388 E-Filed 09/30/2021 02:01:54 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. OCOON ‘OOM LN-PERSON DEPOSITION Dic! TECEM (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 videaconferenced (ZOOM)/in-person deposition of the following at the date and time indicated: Deutsch Blunbeg EXHIBIT & Caballero, PA, NEW WORLD TOWER - 100 MW. GISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 39132 + TEL (905) 358-6329| i B 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. 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. e 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, f. The names, job tities, 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. g. 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. With particularity, this references all policies, procedures, and protocols concerning the evaluation, assessment, monitoring, ¢ Caballere, PLA, NEW WORLD TOWER + 100 N. BISCAYHE BOULEVARD, SUITE 2002 » MUM. FLORIDA $3132 - TEL (B05) 280-0320) 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, 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. The meaning of the attached production from the Fawcett Memorial Hospital pharmacy to be able to explain the various abbreviations, columns, and labels and what they mean as to the availability of the listed vitamins, as well as the methodologies and availability of ordering vitamin B1 (Thiamine), vitamin B12, and vitamin B Complex intravenously, parenterally, and orally in the event Fawcett Memorial Hospital needs additional supplies. Wednesday, October 20, 2021 at 10:00 a.m. EST Actual location to be provided at a later date and/or via Zoom Videoconference Zoom meeting ink: Deutsch Blumberg Caballire, PA, (EWE WORLD TOWER » 100 N. BISCAYNE BOULEVARD, SUITE 2902 - MLAM), FLORIDA $9132 + TEL (209) 386-0929°3, net 50 fen 1 v= Mi mq SVOdOTSaxNn Meeting ID: 821 3880 2515 Passcode: 406606 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 30% 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/EdwardR, EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Daioh Blunberg & Caballero, PL, NEW WORLD TOWER + 100N. BIECAYNE BOULEVARD, QUITE 202 - MIAMI, FLORIDA $9182 » TEL (908) 386-€9204, 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 Emall service-fbowers@bankerloper.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, Ill 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. Ashiey Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emalls: vferrentino@barplaw.com;eserve@barplaw.com; and dhensley@barplaw.com ereynolds@barplaw.com 1|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; ballosca@Hialeaal,com; mmorgan@ljgleaai.com RonaldE. 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@barplaw.com; bconde@barplaw.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 Danie! 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@ krystal. cskl perez@csklega egall.com; daniela,perez .com @cskleaal.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 John D. Emmanuel, Esq. Buchanan Ingersoll & Rooney, PC 401 East Jackson Street, Suite 2400 Tampa, Florida 33602 Telephone: (813) 222-8180 Fax: (813) 222-8189 Emails: john.emmanuel@bipc.com, Sabrina.storno@bipc.com 3} Page atl ie NUAAAUE Bn th if | at88 be if & i ia fe u t Pal RNITANY sah | fie Hy wl ce ae as a il gESeEyE aE i 288ge Aasatacacy EgRvances SEBEEEREE peuueseee ERR nee RERREREZi & i i CARRIAGE HILLS CONDO v. JB ROOFING Cte as 109 Sod 329 (FlaApp. 4 Dist. 2013) Fla, 329 voice. West's FSA RCP Rule CARRIAGE HILLS CONDOMINIUM, 1.310(hy6). INC, Appellant, 2. Pretrial Procedure €>101 ¥. ‘Witnesses designated by corporation JBH ROOFING & CONSTRUCTORS, to testify under rule that requires corpora- INC, a Florida corporation, tion to produce witnesses who can testify Appellee. as to the corporation’s knowledge of topics that deposing party has identified repre- No. 4D11-2251. sents the collective knowledge of the cor- District Court of Appeal of Florida, poration, not of the individual deponents. Fourth District. West's F'S.A. RCP Rule 1.310(b)(6). March 20, 2018. 3. Pretrial Procedure S101 Background: Roofing contractor brought As the corporation's voice, the witness action against condominium owner's’ asso- who has been designated by the corpora- ciation for breach of contract, among other tion to testify in a deposition pursuant to claims, The Circuit Court, Seventeenth Ju- rule that requires corporation to produce dicial Circuit, Broward County, Mily Rod- witnesses, who can testify as to the corpo- riguez-Powell, J., entered summary judg- ration’s knowledge of topics that deposing ment in favor of contractor. Association party has identified, does not simply testi- appealed. fy about matters within his or her personal Holdings: The District Court of Appeal, knowledge, but rather is speaking for the Michael J. Hanzman, J, held that: corporation; put simply, the corporation appears vicariously through its designees. (1) notice of deposition which called for Weat's F.S.A. ROP Rule 1.310(bX6). association to produce representative with the most knowledge was not pro- 4, Pretrial Procedure 101 vided for by rule; ‘The corpor must ati prepare on the wit- @) association failed to satisfy its burden ness who has been designated by the cor- under rule; and poration to testify in a deposition pursuant (3) testimony by deponent designatedby to rule that requires corporatio to pro- n association did not bind association, duce witnesses, who can testify as to the corporation's knowledge of topics that de- Reversedand remanded. Posing party has identified, to the extent matters are reasonably available, whether 1. Pretsial Procedure ¢>101 from docume past employee nts s, or , other sources; prepar must ati enable on the des- Rule which requires party seeking discovery from a corporatio ignee to give complete, knowledgeable, and to describe, n binding answers on behalf of the with reasonable particularity, the matter for examination and the responding entity tion. West's F.3.A. RCP Rule 1.310(b)(6). to produce witnesses who can testify as to 5. Pretrial Procedure e221 the corpor knowledg ati e on' of the speci- s Te the witness who has been designat- fied topics enables the deposing party to ed by the corpor to testify ati in on s depo- gather information from the corporation sition pursuant to rule that requires cor- by way of s human being named by that Poration to produce witnesse whos, can corpor to serve ati as the corporatio onn’s teatify as to the corporatio knowled n'sge EXHIBIT C 330 Fla. 109 SOUTHERN REPORTER, 3d SERIES of topies that depo party singhas identi- tion to produce witnesses who can testify , cannot answer questions regarding as to the corporation's knowledge of topics the designated subject matter, the corpo- that deposing party has identified in the ration has failed to comply with its obli- game sense that any individual deposed gation and may be subject to sanctions, under rule would be bound by his or her Fed.Rules Civ.Proc.Rule 30(b)(6), 23 testimony such that the witness has com- USCA, mitted to a position at a particular point in 6. Pretrial Procedure 101 time; it does not mean that the witness has made a judicial admission that formally Rule that requires corporation to pro- duce witnesses who can testify as to the and finally decides an issue. West's F.S.A. RCP Rule 1.310(6X6). corporation's knowledge of topics that de- posing party has identified does not re- 10. Pretrial Procedure 101, 202 quire, or for that matter even contemplate, ‘The fact that testimony given under ‘that the corporat produce the ionwitness rule that requires corporation to produce with the most knowledge on the specified witnesses who can te