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Filing # 132117605 E-Filed 08/05/2021 02:16:40 PM
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
Vv.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; SOVI JOSEPH,
M.D., P.A.; SOVI JOSEPH; MILLENNIUM
PHYSICIAN GROUP, LLC d/b/a MILLENNIUM
PHYSICIAN GROUP; CATHY CRISS; LIFE
CARE CENTERS OF AMERICA, INC.; PUNTA
GORDA MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA;
LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
/
FS’
F.R.C.P. 1.
RIAL H
[AL HOSP:
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 move to compel F.R.C.P.
1.310(b)(6) depositions as to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL, and as grounds state:
Caballire, PA,
NEW WORLD TOWER * 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 99132 > TEL (905) 356-6320 1
Burg v West Florida Physician Network, LLC, et al.
CASE NO, 2020-000616 CA
Page 2
1. That Plaintiffs have been requesting deposition dates from Defendant FAWCETT
MEMORIAL HOSPITAL as to F.R.C.P. 1.310(b)(6) deponents to testify on behalf of
Defendant Hospital Corporation since May 26, 2021.
That despite conferences with lawyers for both law firms representing Defendant
FAWCETT MEMORIAL HOSPITAL, Plaintiffs have not received any availability dates
for the requested depositions of Defendant FAWCETT MEMORIAL HOSPITAL
F.R.C.P. 1.310(b)(6) witnesses.
The following represents the multiple non-complied with requests for said
witnesses:
a. May 26, 2021 email (attached hereto as Exhibit A)
b. May 27, 2021 email (attached hereto as Exhibit B)
c. June 8, 2021 reminder emails (attached hereto as Composite Exhibit C)
d, July 9, 2021 email (attached hereto as Exhibit D)
On July 15, 2021, Plaintiffs’ counsel had an extended phone conference with both
law firms representing Defendant FAWCETT MEMORIAL HOSPITAL in an attempt to
obtain witness availability dates but despite the passage of 3 weeks, Defendant has
not provided deposition availability dates.
Plaintiffs have no alternative but to obtain a Court order directing Defendant
FAWCETT MEMORIAL HOSPITAL to do what should have been done without the
necessity of seeking Court relief.
Deulsoh Blumberg
& Caballero,
PA,
NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 « MIAMI, FLORIDA 85132 - TEL, (305) 388-6920
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
TE OF SER’
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 5 day of August, 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;
tmitchell@deutschblumberg.com
. re
R,
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deutsch Blumberg
& Caballero,
PA,
NEW WORLD TOWER + 100'N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 35132 - TEL (305) 358-6929
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
John M. Stewart, Esquire
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-Malls: jstewart@rosswayswan.com; 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@; bankerlo
service-bscheele@bankerlopez.com
pez.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: Hi is@Chimpouli r.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
noe : “ isserieiborpiau.comi and dhensley@barmiav.com
ereynolds@barplaw.com
1jPage
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; baliosca@liglegal.com;nkovacic@ligleaal.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
BarryA. 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|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
Rowena Mitchell
From: Edward Blumberg
Sent: Wednesday, May 26, 2021 4:12 PM
To: mswan@rosswayswan.com; cdelo@rosswayswan.com; Erin Reynolds; Edward Blumberg;
daniela.perez@csklegal.com; fprockop@bgrplaw.com; Kelsey T. Campbell; Richard B.
Mangan; bscheele@bankerlopez.com; rbowers@bankerlopez.com;
salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com;
dhensley@bgrpiaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com;
ron.campbell@csklegal.com; krystal.perez@csklegal.com; Victoria Ferrentino;
daniel.calvert@csklegal.com; sriedhammer@chimpoulishunter.com;
Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com; Stephanie A.
Doyle; jgoodis@UGlegal.com; weiszw@UGlegal.com; bgliosca@|jglegal.com;
nkovacic@ljglegal.com; fprockop@bgrplaw.com; jrobelen@chimpoulishunter.com;
tmessler@bgrplaw.com; rrivas@hallboothsmith.com; ncontreras@hallboothsmith.com;
John Stewart; wtache@tachebronis.com; gbrotz@tachebronis.com; Diana McKeon;
Rowena Mitchell
Subject: RE: Case No 2020-000616 CA Burg v. West Florida Physicians, et., al. - depositions
(Fawcett Memorial Hospital, Inc.)
Dear Ms. Prockop,
Please confirm availability for the following witnesses to be taken on our designated deposition dates in July
and August 2021:
1. Jennifer Corn, RN
2. The F.R.C.P. 1.310(b){6) deposition(s) of Fawcett Memorial Hospital, Inc. wherein the Fawcett Memorial
Hospital, Inc. organization designates one or more individuals to testify 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 2029,
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 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.
EXHIBIT
| bh
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.
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 2029 as 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.
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,
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.
Thank you for your anticipated cooperation in this regard.
Edward Blumberg
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
Rowena Mitchell
From: Edward Blumberg
Sent: Thursday, May 27, 2021 3:51 PM
To: mswan@rosswayswan.com; cdelo@rosswayswan.com; Erin Reynolds; Edward Blumberg;
daniela.perez@csklegal.com; fprockop@bgrplaw.com; Kelsey T. Campbell; Richard B.
Mangan; bscheele@bankerlopez.com; rbowers@bankerlopez.com;
salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com;
dhensley@bgrplaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com;
ron.campbell@csklegal.com; krystal.perez@csklegal.com; Victoria Ferrentino;
daniel.calvert@csklegal.com; sriedhammer@chimpoulishunter.com;
Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com; Stephanie A.
Doyle; jgoodis@UGlegal.com; weiszw@UGlegal.com; bgliosca@ljglegal.com;
nkovacic@ljglegal.com; fprockop@bgrplaw.com; jrobelen@chimpoulishunter.com;
tmessier@bgrplaw.com; rrivas@hallboothsmith.com; ncontreras@hallboothsmith.com;
John Stewart; wtache@tachebronis.com; gbrotz@tachebronis.com; Diana McKeon;
Rowena Mitchell
Subject: Burg v. Fawcett Memorial Hospital, Inc., et al.
Attachments: Doc in Response to #4 of Plitfs' Supp RFP dated 4-22-21 - formulary from pharmacy.xisx
Dear Ms. Prockop,
Please provide the availability of a F.R.C.P. 1.310(b)(6) witness from Fawcett Memorial Hospital to testify as to 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. Also, the
representative will be asked as to 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.
Thank you for your cooperation in this regard.
Edward Blumberg
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
EXHIBIT
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Rowena Mitchell
From: Edward Blumberg
Sent: Tuesday, June 08, 2021 11:52 AM
To: Frances Prockop
Ce: Rowena Mitchell; Rebecca Messler
Subject: Burg v. Fawcett Memorial Hospital, Inc., et al.
Attachments: Doc in Response to #4 of Pltfs' Supp RFP dated 4-22-21 - formulary from pharmacy.xlsx
Dear Ms. Prockop,
We have not heard back from you concerning our request for a F.R.C.P. 1.310(b}{6) deposition we made to you on May
27, 2021. Please see email below.
Please provide us deposition availability dates at this time. If | do not hear from you, | will assume that the deposition
can take place on one of our deposition dates set aside by the Court.
Thank you for your attention to this matter.
Edward Blumberg
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
From: Edward Blumberg
Sent: Thursday, May 27, 2021 3:51 PM
To: mswan@rosswayswan.com, cdelo@rosswayswan.com; Erin Reynolds ; Edward Blumberg
; daniela.perez@csklegal.com; fprockop@berplaw.com; Kelsey T. Campbell
; Richard B. Mangan ; bscheele@bankerlopez.com;
rbowers@bankerlopez.com; salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com;
dhensley@berplaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com; ron.campbell@csklegal.com;
krystal.perez@csklegal.com; Victoria Ferrentino ; daniel.calvert@csklegal.com;
riedhammer@chimpoulishunter.com; Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com;
Stephanie A. Doyle ; jgoodis@LiGlegal.com; weiszw@UGlegal.com;
bgliosca@liglegal.com; nkovacic@liglegal.com; forockop@berplaw.com; jrobelen@chimpoulishunter.com;
rmessier@bgrplaw.com; rrivas@haliboothsmith.com; ncontreras@hallboothsmith.com; John Stewart
; wtache @tachebronis.com; gbrotz@tachebronis.com; Diana McKeon
; Rowena Mitchell
Subject: Burg v. Fawcett Memorial Hospital, inc., et al.
EXHIBIT
Dear Ms. Prockop,
1 bmpC_
Please provide the availability of a F.R.C.P. 1.310(b)(6) witness from Fawcett Memorial Hospital to testify as to 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. Also, the
representative will be asked as to 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.
Thank you for your cooperation in this regard.
Edward Blumberg
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Cabailero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
Rowena Mitchell
From: Edward Blumberg
Sent: Tuesday, June 08, 2021 11:56 AM
To: Frances Prockop; Rebecca Messler
cea: Rowena Mitchell
Subject: RE: Case No 2020-000616 CA Burg v. West Florida Physicians, et, al. - depositions
{Fawcett Memorial Hospital, Inc.)
Dear Ms. Prockop,
We have not heard back from you concerning our request for a F.R.C.P, 1.310(b}(6) deposition and nurse Jennifer Corn’s
deposition we made to you on May 26, 2021. Please see email below.
Please provide us deposition availability dates at this time. If | do not hear from you, | will assume that the depositions
can take place on one of our deposition dates set aside by the Court.
Thank you for your attention to this matter.
Edward Blumberg
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
Rowena Mitchell
Assistant to Edward R. Blumberg, Esq. and
Steven K. Deutsch, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
Email - rmitchell@deutschblumberg.co
From: Edward Blumberg
Sent: Wednesday, May 26, 2021 4:12 PM
To: mswan@rosswayswan.com; cdelo@rosswayswan.com; Erin Reynolds ; Edward Blumberg
; daniela.perez@csklegal.com; forockop@berplaw.com; Kelsey T. Campbell
; Richard B. Mangan ; bscheele@bankerlopez.com;
rbowers@bankerlopez.com; salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com;
dhensley@berplaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com; ron.campbell@csklegal.com;
1
krystal.perez@csklegal.com;
Victoria Ferrentino ; daniel.calvert@csklegal.com;
riedhammer@chimpoulishunter.com; Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com;
Stephanie A. Doyle ; jgoodis@UGlegal.com; weiszw@UGlegal.com;
beliosca@liglegal.com; nkovacic@ligtegal.com; fprockop@bgrplaw.com; jrobelen@chimpoulishunter.com;
messler@bgrplaw.com; rrivas@hallboothsmith.com; ncontreras@hallboothsmith.com; John Stewart
; wtache @tachebronis.com; gbrotz@tachebronis.com; Diana McKeon
; Rowena Mitchell
Subject: RE: Case No 2020-000616 CA Burg v. West Florida Physicians, et., al. - depositions (Fawcett Memorial Hospital,
Inc.)
Dear Ms. Prockop,
Please confirm availability for the following witnesses to be taken on our designated deposition dates in July
and August 2021:
1. Jennifer Corn, RN
2. The F.R.C.P. 1.310(b)(6) deposition(s) of Fawcett Memorial Hospital, Inc. wherein the Fawcett Memorial
Hospital, Inc. organization designates one or more individuals to testify 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 Memoriat 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 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.
f. 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.
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 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.
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.
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.
Thank you for your anticipated cooperation in this regard.
Edward Blumberg
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
Rowena Mitchell
From: Edward Blumberg
Sent: Friday, July 09, 2021 11:11 AM
To: Alexandra Farren
Cc: Frances Prockop; gbrotz@tachebronis.com
Subject: Burg v Fawcett Memorial Hospital, Inc., et al.
Attachments: Plaintiffs Supplemental Request for Production to Defendant Fawcett Memorial Hospital
Inc 5 19 21.pdf; Plaintiffs Supplemental Request for Production to Def Fawcett Memorial
Hospital Inc 5 26 21.pdf; Email to Frances Prockop 5-27-21.pdf; Email to Frances
Prockop 5-26-21.pdf
Hello, Alexandra,
It was nice speaking with you today.
This will confirm that within 7 days, the following will occur:
1, Fawcett Memorial Hospital will respond to Plaintiffs’ May 19, 2021 supplemental request for production. See
attached.
2 Fawcett Memorial Hospital will amend its response to Plaintiffs’ May 26, 2021 supplemental request for production
items 1- A through F to reflect that there is nothing else in existence other than what may be in the Medical Staff Bylaws
and Medical Staff Rules and Regulations previously provided. Also, item 1-G will be produced. See attached.
3. As to the deposition of nurse Jennifer Corn, you advised that Ms. Corn is no longer employed at Fawcett Memorial
Hospital and you have reached out to her but she has not responded. This will confirm that if we do not hear back from
you within 7 days, then we will go ahead and set her for deposition at one of the Court-ordered deposition dates.
4. As to Plaintiffs’ request for availability of the F.R.C.P. 1.310(b)(6) deposition(s) as to the areas set forth in Plaintiffs’
May 26, 2021 email to Ms. Prockop, if we do not hear back from your office within 7 days. then we will go ahead and set
the deposition at one of the Court-ordered deposition dates. See attached.
5. As to Plaintiffs’ request for availability of the F.R.C.P. 1.310(b)(6) deposition(s) as to the areas set forth in Plaintiffs’
May 27, 2021 email to Ms. Prockop, if we do not hear back from your office within 7 days, then we will go ahead and set
the deposition at one of the Court-ordered deposition dates. See attached.
Thanks and have a good weekend
Edward
Edward R. Blumberg, Esq.
Deutsch Blumberg
& Caballero, P.A.
100 North Biscayne Boulevard EXHIBIT
Suite 2802
Miami, Florida 33132
Tel: (305) 358-6329
Fax: (305) 358-9304
Preview
Filing # 132117605 E-Filed 08/05/2021 02:16:40 PM IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, Vv. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / FS’ F.R.C.P. 1. RIAL H [AL HOSP: 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 move to compel F.R.C.P. 1.310(b)(6) depositions as to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL, and as grounds state: Caballire, PA, NEW WORLD TOWER * 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 99132 > TEL (905) 356-6320 1 Burg v West Florida Physician Network, LLC, et al. CASE NO, 2020-000616 CA Page 2 1. That Plaintiffs have been requesting deposition dates from Defendant FAWCETT MEMORIAL HOSPITAL as to F.R.C.P. 1.310(b)(6) deponents to testify on behalf of Defendant Hospital Corporation since May 26, 2021. That despite conferences with lawyers for both law firms representing Defendant FAWCETT MEMORIAL HOSPITAL, Plaintiffs have not received any availability dates for the requested depositions of Defendant FAWCETT MEMORIAL HOSPITAL F.R.C.P. 1.310(b)(6) witnesses. The following represents the multiple non-complied with requests for said witnesses: a. May 26, 2021 email (attached hereto as Exhibit A) b. May 27, 2021 email (attached hereto as Exhibit B) c. June 8, 2021 reminder emails (attached hereto as Composite Exhibit C) d, July 9, 2021 email (attached hereto as Exhibit D) On July 15, 2021, Plaintiffs’ counsel had an extended phone conference with both law firms representing Defendant FAWCETT MEMORIAL HOSPITAL in an attempt to obtain witness availability dates but despite the passage of 3 weeks, Defendant has not provided deposition availability dates. Plaintiffs have no alternative but to obtain a Court order directing Defendant FAWCETT MEMORIAL HOSPITAL to do what should have been done without the necessity of seeking Court relief. Deulsoh Blumberg & Caballero, PA, NEW WORLD TOWER + 100 N. BISCAYNE BOULEVARD, SUITE 2002 « MIAMI, FLORIDA 85132 - TEL, (305) 388-6920 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 TE OF SER’ WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 5 day of August, 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; tmitchell@deutschblumberg.com . re R, EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deutsch Blumberg & Caballero, PA, NEW WORLD TOWER + 100'N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA 35132 - TEL (305) 358-6929 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST John M. Stewart, Esquire 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-Malls: jstewart@rosswayswan.com; 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@; bankerlo service-bscheele@bankerlopez.com pez.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: Hi is@Chimpouli r.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 noe : “ isserieiborpiau.comi and dhensley@barmiav.com ereynolds@barplaw.com 1jPage 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; baliosca@liglegal.com;nkovacic@ligleaal.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 BarryA. 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|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 Rowena Mitchell From: Edward Blumberg Sent: Wednesday, May 26, 2021 4:12 PM To: mswan@rosswayswan.com; cdelo@rosswayswan.com; Erin Reynolds; Edward Blumberg; daniela.perez@csklegal.com; fprockop@bgrplaw.com; Kelsey T. Campbell; Richard B. Mangan; bscheele@bankerlopez.com; rbowers@bankerlopez.com; salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com; dhensley@bgrpiaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com; ron.campbell@csklegal.com; krystal.perez@csklegal.com; Victoria Ferrentino; daniel.calvert@csklegal.com; sriedhammer@chimpoulishunter.com; Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com; Stephanie A. Doyle; jgoodis@UGlegal.com; weiszw@UGlegal.com; bgliosca@|jglegal.com; nkovacic@ljglegal.com; fprockop@bgrplaw.com; jrobelen@chimpoulishunter.com; tmessler@bgrplaw.com; rrivas@hallboothsmith.com; ncontreras@hallboothsmith.com; John Stewart; wtache@tachebronis.com; gbrotz@tachebronis.com; Diana McKeon; Rowena Mitchell Subject: RE: Case No 2020-000616 CA Burg v. West Florida Physicians, et., al. - depositions (Fawcett Memorial Hospital, Inc.) Dear Ms. Prockop, Please confirm availability for the following witnesses to be taken on our designated deposition dates in July and August 2021: 1. Jennifer Corn, RN 2. The F.R.C.P. 1.310(b){6) deposition(s) of Fawcett Memorial Hospital, Inc. wherein the Fawcett Memorial Hospital, Inc. organization designates one or more individuals to testify 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 2029, 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 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. EXHIBIT | bh 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. 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 2029 as 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. 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, 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. Thank you for your anticipated cooperation in this regard. Edward Blumberg Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 Rowena Mitchell From: Edward Blumberg Sent: Thursday, May 27, 2021 3:51 PM To: mswan@rosswayswan.com; cdelo@rosswayswan.com; Erin Reynolds; Edward Blumberg; daniela.perez@csklegal.com; fprockop@bgrplaw.com; Kelsey T. Campbell; Richard B. Mangan; bscheele@bankerlopez.com; rbowers@bankerlopez.com; salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com; dhensley@bgrplaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com; ron.campbell@csklegal.com; krystal.perez@csklegal.com; Victoria Ferrentino; daniel.calvert@csklegal.com; sriedhammer@chimpoulishunter.com; Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com; Stephanie A. Doyle; jgoodis@UGlegal.com; weiszw@UGlegal.com; bgliosca@ljglegal.com; nkovacic@ljglegal.com; fprockop@bgrplaw.com; jrobelen@chimpoulishunter.com; tmessier@bgrplaw.com; rrivas@hallboothsmith.com; ncontreras@hallboothsmith.com; John Stewart; wtache@tachebronis.com; gbrotz@tachebronis.com; Diana McKeon; Rowena Mitchell Subject: Burg v. Fawcett Memorial Hospital, Inc., et al. Attachments: Doc in Response to #4 of Plitfs' Supp RFP dated 4-22-21 - formulary from pharmacy.xisx Dear Ms. Prockop, Please provide the availability of a F.R.C.P. 1.310(b)(6) witness from Fawcett Memorial Hospital to testify as to 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. Also, the representative will be asked as to 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. Thank you for your cooperation in this regard. Edward Blumberg Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 EXHIBIT 6 L BE Se2E2EE EREERE we Hl u 2g RRRE z Buuwunuue z z3 s PRRARRRES geeeae i: 888s a4 Baa jagagagss SaenRueea S2 Bae eneo> z= 338 gs 58 sf EEE a8e 3s Zee ge Bee 2S ges32 a8 zee 38 gSs 838 ae a2 222 22 Z22 Zz Seg wibae ge 33358 22 ou Zz 8s ge 2288 22 Er aa Ere g a 8% ib £2 a Es 8g aa aa BE Ea ga aa ees es aes ge as EE aa bsg i ie aul a $32 ai Sa5: £2 S822 Rowena Mitchell From: Edward Blumberg Sent: Tuesday, June 08, 2021 11:52 AM To: Frances Prockop Ce: Rowena Mitchell; Rebecca Messler Subject: Burg v. Fawcett Memorial Hospital, Inc., et al. Attachments: Doc in Response to #4 of Pltfs' Supp RFP dated 4-22-21 - formulary from pharmacy.xlsx Dear Ms. Prockop, We have not heard back from you concerning our request for a F.R.C.P. 1.310(b}{6) deposition we made to you on May 27, 2021. Please see email below. Please provide us deposition availability dates at this time. If | do not hear from you, | will assume that the deposition can take place on one of our deposition dates set aside by the Court. Thank you for your attention to this matter. Edward Blumberg Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 From: Edward Blumberg Sent: Thursday, May 27, 2021 3:51 PM To: mswan@rosswayswan.com, cdelo@rosswayswan.com; Erin Reynolds ; Edward Blumberg ; daniela.perez@csklegal.com; fprockop@berplaw.com; Kelsey T. Campbell ; Richard B. Mangan ; bscheele@bankerlopez.com; rbowers@bankerlopez.com; salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com; dhensley@berplaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com; ron.campbell@csklegal.com; krystal.perez@csklegal.com; Victoria Ferrentino ; daniel.calvert@csklegal.com; riedhammer@chimpoulishunter.com; Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com; Stephanie A. Doyle ; jgoodis@LiGlegal.com; weiszw@UGlegal.com; bgliosca@liglegal.com; nkovacic@liglegal.com; forockop@berplaw.com; jrobelen@chimpoulishunter.com; rmessier@bgrplaw.com; rrivas@haliboothsmith.com; ncontreras@hallboothsmith.com; John Stewart ; wtache @tachebronis.com; gbrotz@tachebronis.com; Diana McKeon ; Rowena Mitchell Subject: Burg v. Fawcett Memorial Hospital, inc., et al. EXHIBIT Dear Ms. Prockop, 1 bmpC_ Please provide the availability of a F.R.C.P. 1.310(b)(6) witness from Fawcett Memorial Hospital to testify as to 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. Also, the representative will be asked as to 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. Thank you for your cooperation in this regard. Edward Blumberg Edward R. Blumberg, Esq. Deutsch Blumberg & Cabailero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 Rowena Mitchell From: Edward Blumberg Sent: Tuesday, June 08, 2021 11:56 AM To: Frances Prockop; Rebecca Messler cea: Rowena Mitchell Subject: RE: Case No 2020-000616 CA Burg v. West Florida Physicians, et, al. - depositions {Fawcett Memorial Hospital, Inc.) Dear Ms. Prockop, We have not heard back from you concerning our request for a F.R.C.P, 1.310(b}(6) deposition and nurse Jennifer Corn’s deposition we made to you on May 26, 2021. Please see email below. Please provide us deposition availability dates at this time. If | do not hear from you, | will assume that the depositions can take place on one of our deposition dates set aside by the Court. Thank you for your attention to this matter. Edward Blumberg Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 Rowena Mitchell Assistant to Edward R. Blumberg, Esq. and Steven K. Deutsch, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 Email - rmitchell@deutschblumberg.co From: Edward Blumberg Sent: Wednesday, May 26, 2021 4:12 PM To: mswan@rosswayswan.com; cdelo@rosswayswan.com; Erin Reynolds ; Edward Blumberg ; daniela.perez@csklegal.com; forockop@berplaw.com; Kelsey T. Campbell ; Richard B. Mangan ; bscheele@bankerlopez.com; rbowers@bankerlopez.com; salbee@fulmerleroy.com; amitchell@fulmerleroy.com; rstevens@fulmerleroy.com; dhensley@berplaw.com; Ibachinski@bgrplaw.com; rcox@bgrplaw.com; ron.campbell@csklegal.com; 1 krystal.perez@csklegal.com; Victoria Ferrentino ; daniel.calvert@csklegal.com; riedhammer@chimpoulishunter.com; Jchimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com; Stephanie A. Doyle ; jgoodis@UGlegal.com; weiszw@UGlegal.com; beliosca@liglegal.com; nkovacic@ligtegal.com; fprockop@bgrplaw.com; jrobelen@chimpoulishunter.com; messler@bgrplaw.com; rrivas@hallboothsmith.com; ncontreras@hallboothsmith.com; John Stewart ; wtache @tachebronis.com; gbrotz@tachebronis.com; Diana McKeon ; Rowena Mitchell Subject: RE: Case No 2020-000616 CA Burg v. West Florida Physicians, et., al. - depositions (Fawcett Memorial Hospital, Inc.) Dear Ms. Prockop, Please confirm availability for the following witnesses to be taken on our designated deposition dates in July and August 2021: 1. Jennifer Corn, RN 2. The F.R.C.P. 1.310(b)(6) deposition(s) of Fawcett Memorial Hospital, Inc. wherein the Fawcett Memorial Hospital, Inc. organization designates one or more individuals to testify 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 Memoriat 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 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. f. 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. 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 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. 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. 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. Thank you for your anticipated cooperation in this regard. Edward Blumberg Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304 Rowena Mitchell From: Edward Blumberg Sent: Friday, July 09, 2021 11:11 AM To: Alexandra Farren Cc: Frances Prockop; gbrotz@tachebronis.com Subject: Burg v Fawcett Memorial Hospital, Inc., et al. Attachments: Plaintiffs Supplemental Request for Production to Defendant Fawcett Memorial Hospital Inc 5 19 21.pdf; Plaintiffs Supplemental Request for Production to Def Fawcett Memorial Hospital Inc 5 26 21.pdf; Email to Frances Prockop 5-27-21.pdf; Email to Frances Prockop 5-26-21.pdf Hello, Alexandra, It was nice speaking with you today. This will confirm that within 7 days, the following will occur: 1, Fawcett Memorial Hospital will respond to Plaintiffs’ May 19, 2021 supplemental request for production. See attached. 2 Fawcett Memorial Hospital will amend its response to Plaintiffs’ May 26, 2021 supplemental request for production items 1- A through F to reflect that there is nothing else in existence other than what may be in the Medical Staff Bylaws and Medical Staff Rules and Regulations previously provided. Also, item 1-G will be produced. See attached. 3. As to the deposition of nurse Jennifer Corn, you advised that Ms. Corn is no longer employed at Fawcett Memorial Hospital and you have reached out to her but she has not responded. This will confirm that if we do not hear back from you within 7 days, then we will go ahead and set her for deposition at one of the Court-ordered deposition dates. 4. As to Plaintiffs’ request for availability of the F.R.C.P. 1.310(b)(6) deposition(s) as to the areas set forth in Plaintiffs’ May 26, 2021 email to Ms. Prockop, if we do not hear back from your office within 7 days. then we will go ahead and set the deposition at one of the Court-ordered deposition dates. See attached. 5. As to Plaintiffs’ request for availability of the F.R.C.P. 1.310(b)(6) deposition(s) as to the areas set forth in Plaintiffs’ May 27, 2021 email to Ms. Prockop, if we do not hear back from your office within 7 days, then we will go ahead and set the deposition at one of the Court-ordered deposition dates. See attached. Thanks and have a good weekend Edward Edward R. Blumberg, Esq. Deutsch Blumberg & Caballero, P.A. 100 North Biscayne Boulevard EXHIBIT Suite 2802 Miami, Florida 33132 Tel: (305) 358-6329 Fax: (305) 358-9304