Party Discovery: BURG, DEBORAH A vs. WEST FLORIDA PHYSICIANS NETWORK, LLC

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                                Filing # 119421828 E-Filed 01/11/2021 04:39:19 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; NANDINI KIRI,
         M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL
         GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH,
         M.D., P.A.; SOVI JOSEPH; DOMINGO E.
         GALLIANO, JR., P.A.; DOMINGO GALLIANO,
         JR.; ARTURO RODRIGUEZ-MARTIN, M.D.,
         P.L.; ARTURO RODRIGUEZ-MARTIN;
         MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
         MILLENNIUM PHYSICIAN GROUP;
         CATHY CRISS; LIFE CARE CENTERS OF
         AMERICA, INC.; PUNTA GORDA MEDICAL
         INVESTORS, LLC d/b/a LIFE CARE CENTER
         OF PUNTA GORDA; LIFE CARE PHYSICIAN
         SERVICES, LLC; and VANCE MALONEY, III,

                Defendants.
                                                                     /

         PLAINTIFFS’ MOTION TO COMPEL AND MOTION TO OVERRULE OBJECTIONS AS
                                                          EM
                                                        ONSEST
                                 FOR
                                 PRODUCTION
                                      DATED OCTOBER 6, 2020
                COME NOW          the Plaintiffs, DEBORAH                  COOPER         BURG,       by and through her Court-

         appointed   Guardian,      RICKY       BURG;       NICOLE        BURG,       her daughter;           and RICKY BURG,   her
                                                         Deatich Blanbeng
                                                          & Caballero, PA,
                         NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA $3132 - TEL (305) 358-6529
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2

spouse, by and through their undersigned attorneys, and as their motion to compel and

motion to overrule objections as to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a

FAWCETT         MEMORIAL           HOSPITAL'S            responses          to    Plaintiffs’      supplemental          request   for

production dated October 6, 2020, state:

    1. On October 6, 2020, Plaintiffs propounded the attached custom made supplemental

         request for production to Defendant FAWCETT                                  MEMORIAL HOSPITAL, INC. aybfa

         FAWCETT MEMORIAL HOSPITAL.                          (ExhibitA)

    2. Defendant          FAWCETT            MEMORIAL            HOSPITAL,           INC,     d/b/a       FAWCET          MEMORIAL

         HOSPITAL failed to timely respond to said supplemental request for production and in

         fact, did     not respond           until January          7, 2021,        approximately           two     months    after a

         response was due.

         For the      most      part,    as will be          seen      below,      Defendant         either asserted         untimely

         objections or made incomplete responses.

         With    particularity,         incorporated          herein      are     Plaintiffs’      supplemental          request   for
                                                                                                                                   “in
         production and Defendant's responses as part of this motion to compel.

         (1.)    As referenced in the attached Professional Services Agreement Addendum
                 (Exhibit A), please provide the following information and documentation that
                 was in effect from January 1, 2019 through December 31, 2019:
                 All submissions to JCAHO (Joint Commission on Accreditation of Healthcar
                 Organizations) to support FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
                 FAWCETT MEMORIAL HOSPITAL'S certification for its Bariatric Center
                 All submissions to the MBSAQIP (Metabolic and Bariatric Surgery Accreditation
                 and Quality Improvement Program) to support FAWCETT MEMORIAL
                 HOSPITAL, INC, d/b/a FAWCETT MEMORIAL HOSPITAL'S certification for its
                 Bariatric Center.



                                                    Deutsch Blinberg
                                                     & Caballero, PA.
                   NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA 33192 » TEL (905) 358-6929
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3


                  All documents and materials as to the inclusion and exclusion criteria for
                  patient selection in the Bariatric Center at FAWCETT MEMORIAL                                            HOSPITAL,
                  INC. d/b/a FAWCETT MEMORIAL HOSPITAL.
                  All records,        electronic and           written,      concerning         DEBORAH           COOPER       BURG's
                  evaluation conferences as to her FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
                  FAWCETT      MEMORIAL      HOSPITAL'S   admission and — discharge   for
                  appropriateness of care that occurred between the Nurse Director of the
                  Bariatric unit and DEBORAH COOPER BURG'S surgeons, to include all dates of
                  service including the following: June 17, 2019 through June 18, 2019; July 16,
                  2019; July 22, 2019; July 23, 2019 through July 29, 2019; and August 10,
                  2019 through August 17, 2019
                  All electronic and written in-service education materials and records, electronic
                  and written, specific to FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT
                  MEMORIAL           HOSPITAL           general       surgeons        covering        metabolic          and bariatric
                 emergency care.
                 All electronic and written records and/or communications between the Medical
                 Director of the Bariatric Services and the Director of the 2 East at FAWCETT
                 MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL concerning
                  DEBORAH         COOPER          BURG      as to all dates of service including the following:
                 June 17, 2019 through June 18, 2019; July 16, 2019; July 22, 2019; July 23,
                 2019 through July 29, 2019; and August 10, 2019 through August 17, 2019.   i
                 All electronic and written material concerning care/treatment pathways that
                 reflect current “best practices" guidelines for bariatric care at FAWCETT
                 MEMORIAL           HOSPITAL,          INC. d/b/a FAWCETT                   MEMORIAL           HOSPITAL for the
                 time period in question. This request includes pathways including other
                 etiologies.
                 All electronic and written material for the time period in question concerning
                 bariatric-related clinical research that was shared by the Medical Director of thi
                 Bariatric Services with the FAWCETT MEMORIAL HOSPITAL, INC. d/bfa
                 FAWCETT MEMORIAL HOSPITAL attending physicians, hospital staff, and
                 community.                                                                         3                                    2

                 DEFENDANT'S ANSWER:
                 Objection: This request is overbroad, unduly burdensome, harassive,
                 not reasonably limited in time or scope, and not reasonably
                 calculated toleadto     the    discovery   of   admissible     evidence.
                 Specifically, the “otherwise” is overbroad and ambiguous. The
                 Hospital further objects to this request to the extent it seeks reco!
                 that are protected from discovery or introduction into evidence        i
                 any civil or administrative action under Florida                                                       Statutes   §§
                 395.0191(8), 395.0193(8), 395.0197, and 766.101(5).                                                                al



                                                   Deutsch           Blumberg
                                                    & Caballero,
                                                              PHA,
                  NEW WORLD TOWER » 100 N. GISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA 33132 + TEL (905) 358-6329
Burg v West Florida Physician Network, LLC, et al.                                                                        we
CASE NO, 2020-000616 CA                                                                                                  aa
Page 4                                                                                                                        B

                  Finally, the Hospital objects to the extent that this request seeks
                  records that are confidential and privileged Patient Safety Work
                  Product (“PSWP”) pursuant to the Patient Safety and Quality
                  Improvement Act of 2005 (the “PSQIA”), 42 U.S.C. § 299b-22, et seq.
                  and its attendant regulations. Amendment 7 searches have to be
                  undertaken by human beings, and those human beings need to know
                  what specifically to look for, and where. If there is something specific
                  that claimant wants the Hospital to search for, please indicate. The
                  Hospital would be entitled to prepayment of the cost of searching for,
                  reviewing, redacting, and producing responsive records pursuant to
                  section 381.028(7), Florida Statutes, as well as preparing a privilege
                  log for any documents that may be subject to attorney-client
                  privilege, attorney opinion work product protection, or the privileges
                  and protections of the Patient Safety and Quality Improvement Act of
                  2005, 42 U.S.C. § 299b-21 et seq., and related regulations, 42 C.F. Re
                  3.10 et seq. (hereinafter collectively “PSQIA”).

         (3)      Please provide, concerning DEBORAH COOPER BURG, true and correct copies
                  of all physician prescriptions provided to FAWCETT MEMORIAL HOSPITAL, ING
                  d/b/a FAWCETT MEMORIAL HOSPITAL to provide food and nutrition meals and
                  products to DEBORAH COOPER BURG.                                                                      te
                                                                                                                        j2
                  DEFENDANT'S ANSWER:                        See medical records.                                        et

        (4)       Please provide, concerning DEBORAH COOPER BURG, true and correct copies
                  of all medical nutrition protocols provided to FAWCETT MEMORIAL HOSPITAL,
                  INC. d/b/a FAWCETT MEMORIAL HOSPITAL to provide food and nutrition
                  meals and products to DEBORAH COOPER BURG.
                                                                                                                        28
                  DEFENDANT'S ANSWER: See medical records.                                                              tea

        (5)       Any and all FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
                  HOSPITAL electronic and written records from Nutrition Services and registered
                  dieticians involving DEBORAH COOPER BURG.

                  DEFENDANT'S ANSWER: See medical records.                                                              ae


        (6)      Any and all nutritional assessment and reassessment records, electronic and
                 written, of FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
                 HOSPITAL concerning DEBORAH COOPER BURG.

                  DEFENDANT'S ANSWER: See medical records.
                                                                                                                        AL
                                                                                                                        ed
                                                    & Caballero,
                                                              PA,
                   NEW WORLO TOWER - 100 N, BISCAYNE BOULEVARD, SUITE 2902 - MIAMI, FLORIDA 93132 - TEL (308) 38-6820
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
PageS




         (7)      All   FAWCETT           MEMORIAL            HOSPITAL,           INC.      d/b/a       FAWCETT            MEMORIAL
                  HOSPITAL electronic and written records of its Diet                                             Office       including
                  Computrition records concerning DEBORAH COOPER BURG.

                  DEFENDANT'S ANSWER: This information                                        has      been       requested         and
                  will be provided, if in existence.

         (8)      All   FAWCETT           MEMORIAL            HOSPITAL,           INC.      d/b/a       FAWCETT            MEMORIAL
                  HOSPITAL Food and Nutrition Services                                records,       electronic          and    written,
                  concerning DEBORAH COOPER BURG.

                  DEFENDANT'S ANSWER: This information                                        has      been       requested         and
                  will be provided, if in existence.                                                                                  pe


         (10)     All material       of any nature            available to be produced                   in the year 2019             by
                  FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT                                          MEMORIAL HOSPITAL
                  to its staff, including its medical staff, concerning the risks and complications to
                  a post bariatric surgery patient from the lack (deficiency) of vitamins including
                  vitamin BI/Thiamine.


                  DEFENDANT'S ANSWER:                       Will be produced if available.
                                                                                          1g
    5. The undersigned certifies that the movant, in good faith, has conferred with counsel

        for Defendant FAWCETT MEMORIAL HOSPITAL,                                    INC.,    who has failed to make the
                                                                                                                                       e
        discovery, in an effort to secure the information and materials without court action                                           A




                                           CERTIFICATE
                                                  OF SERVICE
        WE      HEREBY CERTIFY that a true and correct copy of the foregoing has been

furnished by e-service this 11" day of January, 2021 to: see attached service list.


                                                  Deutsch Blomberg
                                                   & Caballero, PA,
                  NEW WORLD TOWER - 100 N. BISCAYNE @OULEVARD, SUITE 2602 - MIAM!, FLORIDA 33132    TEL (305) 389-6829
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 6


                                                            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;
                                                            rmitcheli@deutschblumbera.com;
                                                                                  dr
                                                             florin

                                                            By:
                                                                       EDWARD R. BLUMBERG, ESQ.
                                                                       Florida Bar No. 190870




                                                   Deutsch Blumberg
                                                   & Caballero, PA,
                  NEW WORLD TOWER « 100 N. BSICAYNE BOULEVARD, SUITE 2002 + MIAMI, FLORIDA $8132 - TEL (905) 956-0228
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 206
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: 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
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com

Jay P. Chimpoulis, Esquire
Susanne E, Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
TI
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@bgrplaw.com; and dhensley@bgrplaw.com
ereynolds@bgrplaw.com

1[Page
Douglas Lumpkin, Esq.
Summer E. Harcup, Esq.
Wicker Smith O'Hara McCoy & Ford, P.A.
Attorneys for Defendants AHSAN KAMAL, M.D. and HARBOR MEDICAL GROUP, LLC
1819 Main Street, Suite 910
Sarasota, FL 34236
Telephone: 941-366-4200
Fax: 941-366-4227
Email: SARcrtpleadings@wickersmith.com

Ralph L, Marchbank, Jr., Esq.
Dickinson & Gibbons, P.A.
Attorney for Defendants DOMINGO GALLIANO, JR. and DOMINGO E. GALLIANO, JR. ?
P.A.
401 N. Cattlemen Road, Suite 300
Sarasota, FL 34232
Telephone: 941-366-4680
Fa: 941-953-3136
Emails: Rmarchbank@dglawyers.com; Lgordon@dglawyers.com

Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com; bgliosca@|jalegal.com; nkovacic@liglegal.com

Frances G, Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; Iplyushko@bgrplaw.com




2[Page
Richard 8. Mangan, Jr., Esq.
Kelsey T. Campbell, Esq.
RISSMAN, BARRETT, HURT DONAHUE, McLAIN & MANGAN, P.A.
Attorneys for Defendants NANDINI KIRI, M.D., and NANDINI KIRI, M.D., P.A.
1 North Dale Mabry Highway, 11th Floor
Tampa, FL 33609
Telephone: (813) 221-3114
Facsimile: (813) 221-3033
Emails: rbm.service@rissman.com; ktc.service@rissman.com;
Stephanie.doyle@rissman.com
Scott B. Albee, Esq.
Ryan B. Stevens, Esq.
Fulmer LeRoy & Albee, PLLC
Attorneys for ARTURO RODRIGUEZ-MARTIN and ARTURO RODRIGUEZ-MARTINM.D. ”
PL.
5544 Central Avenue
Saint Peterburg, Florida 33707
Telephone -727-217-2500
Email: sAlbee@fulmerleroy.com; rstevens@fulmerleroy.com;
eservicetpa@fulmerleroy.com




3(Page
Filing # 114529337 E-Filed 10/06/2020 03:54:24 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,

        v

        WEST FLORIDA PHYSICIAN NETWORK, LLC;
        DILENDRA WEERASINGHE; JOHN RIOUX;
        FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
        FAWCETT MEMORIAL. HOSPITAL; ABIGAIL
        UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI:
        HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL;
        SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH;
        DOMINGO E. GALLIANO, JR., P.A.; DOMINGO
        GALLIANO, JR.; PUNTA GORDA MEDICAL
        INVESTORS, LLC d/b/a LIFE CARE CENTER OF
        PUNTA GORDA; LIFE CARE PHYSICIAN
        SERVICES, LLC; and VANCE MALONEY, III,

                  Defendants.


                          7
                                                                                      PROD                                    ND,
             ST

                                                   DATED OCTOBER 6, 2020
               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, pursuant to the Florida Rules of Civil
                                          Leutsol Blumberg
                                                          & Caballero, PA,
                         NEW WORLD TOWER - 100 N BISCAYNE BOULEVARD, SUITE 2802 - MIAM!, FLORIDA 33132 + TEL (305) 358-6329
Procedure, requests Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC, DILENDRA

WEERASINGHE and FAWCETT                     MEMORIAL HOSPITAL, INC. d/b/a FAWCETT                                  MEMORIAL
HOSPITAL     to produce         for inspection            and/or      copying        at the office of DEUTSCH             &
BLUMBERG, P.A., New World Tower, Suite 2802, 100 North Biscayne Boulevard, Miami,

FL 33132, within 30 days from the date herein, the following:

   1, As referenced in the attached Professional Services Agreement Addendum
      (Exhibit A), please provide the following information and documentation that was
      in effect from January 1, 2019 through December 31, 2019:

      A    All material utilized by Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
           FAWCETT MEMORIAL HOSPITAL as to medical education and employee in-
           service programs in the field of bariatric surgery.

           All submissions to JCAHO (Joint Commission on Accreditation of Healthcare
           Organizations) to support FAWCETT      MEMORIAL HOSPITAL, INC. d/b/a
           FAWCETT MEMORIAL HOSPITAL'S certification for its Bariatric Center.

           All submissions to the MBSAQIP (Metabolic and Bariatric Surgery Accreditation
           and Quality Improvement Program) to support FAWCETT               MEMORIAL
           HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL'S certification for its
           Bariatric Center.

           All documents and materials as to the inclusion and exclusion criteria for patient
           selection in the Bariatric Center at FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
           FAWCETT MEMORIAL HOSPITAL.

           All records, electronic and written, concerning DEBORAH COOPER BURG’S
           evaluation conferences as to her FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
           FAWCET         MEMORIAL       HOSPITAL'S    admission    and   discharge   for
           appropriateness of care that occurred between the Nurse Director of the
           Bariatric unit and DEBORAH COOPER BURG’S surgeons, to include all dates of
           service including the following: June 17, 2019 through June 18, 2019; July 16,
           2019; July 22, 2019; July 23, 2019 through July 29, 2019; and August 10, 2019
           through August 17, 2019.

           Ail electronic and written material and documentation for all in-service training
           programs provided to the FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
           FAWCETT MEMORIAL HOSPITAL'S medical staff and Bariatric Team. Please

                                              DeutchBe
                                              ¢ Caballero, PA,
             NEW WORLD TOWER - 100 N. GISCAYNE BOULEVARD, SUITE 2802 - MIAME, FLORIDA $3132 + TEL (305) 958-6320
note the Bariatric Team includes EMS, ECC, Bariatric Center Team, 2 East
   nurses, OR nurses, PACU nurses, and other ancillaries as necessary.

   All electronic and written in-service education materials and records, electronic
   and written, specific to FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT
   MEMORIAL HOSPITAL general surgeons covering metabolic and bariatric
   emergency care.

   All electronic and written records and/or communications between the Medical
   Director of the Bariatric Services and the Director of the 2 East at FAWCETT
   MEMORIAL HOSPITAL, INC. d/b/a FAWCETT         MEMORIAL HOSPITAL concerning
   DEBORAH COOPER BURG as to all dates of service including the following:
   June 17, 2019 through June 18, 2019; July 16, 2019; July 22, 2019; July 23,
   2019 through July 29, 2019; and August 10, 2019 through August 17, 2019.

   All electronic and written material concerning care/treatment pathways that
   reflect current “best practices” guidelines for bariatric care at FAWCETT
   MEMORIAL HOSPITAL, INC. d/b/a FAWCETT          MEMORIAL HOSPITAL for the
   time period in question.    This request includes pathways including other
   etiologies.

   All electronic and written material for the time period in question concerning
   bariatric-related clinical research that was shared by the Medical Director of the
   Bariatric Services with the FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
   FAWCETT MEMORIAL HOSPITAL attending physicians, hospital staff, and
   community.

All time records, electronic and hard copy, from January i, 2019 through
December 31, 2019 as to WEST FLORIDA PHYSICIAN NETWORK, LLC including,
but not limited to time records of DILENDRA WEERASINGHE and JOHN RIOUX,
and the Medical Director of the Bariatric Services at FAWCETT MEMORIAL
HOSPITAL, INC, d/b/a FAWCETT                      MEMORIAL HOSPITAL, limited as to DEBORAH
COOPER BURG, in compliance to the attached Professional Services Agreement
Addendum - Official Time Record (Exhibit B).

Please provide, concerning DEBORAH COOPER BURG, true and correct copies of
all physician prescriptions provided to FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL to provide food and nutrition meals and products
to DEBORAH COOPER BURG.

Please provide, concerning DEBORAH COOPER BURG, true and correct copies of
all medical nutrition protocols provided to FAWCETT MEMORIAL HOSPITAL, INC.
d/b/a FAWCETT MEMORIAL HOSPITAL to provide food and nutrition meals and
products to DEBORAH COOPER BURG.
                                      DeutschBi
                                      & Caballero, PA,
     NEW WORLD TOWER - 100 Ht. BIBCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3132 « TEL (905) 356-6529
Any and all FAWCETT               MEMORIAL HOSPITAL, INC. d/b/a FAWCETT                                    MEMORIAL
   HOSPITAL electronic and written records from Nutrition Services and registered
   dieticians involving DEBORAH COOPER BURG.

   Any and all nutritional assessment                      and     reassessment            records, electronic and
   written, of FAWCETT              MEMORIAL HOSPITAL, INC. d/b/a FAWCETT                                     MEMORIAL
   HOSPITAL concerning DEBORAH COOPER BURG.

   All FAWCETT       MEMORIAL HOSPITAL, INC. d/b/a FAWCETT                                    MEMORIAL HOSPITAL
   electronic and written records of its Diet Office including Computrition records
   concerning DEBORAH COOPER BURG.

   All FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL
   Food and Nutrition Services records, electronic and written, concerning DEBORAH
   COOPER BURG,

   Any and all FAWCETT               MEMORIAL HOSPITAL, INC. d/b/a FAWCETT                                    MEMORIAL
   HOSPITAL documentation, electronic and written, available for providing to
   DEBORAH COOPER BURG in the year 2019 as to a description of “bariatric
   vitamins”.

10.All material of any nature available to be produced in the year 2019 by FAWCETT
    MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL to its staff,
    including its medical staff, concerning the risks and complications to a post-
    bariatric surgery patient from the lack (deficiency) of vitamins including vitamin
    B1/Thiamine.

11.All material of any nature available to be produced in the year 2019 by FAWCETT
    MEMORIAL HOSPITAL, INC. d/b/a FAWCETT          MEMORIAL HOSPITAL to DEBORAH
    COOPER BURG concerning the risks and complications to a post-bariatric surgery
    patient from the lack (deficiency) of vitamins including vitamin B1/Thiamine.

12.With specificity, please produce all actual instructions provided to DEBORAH
   COOPER BURG in the year 2019 concerning the taking of vitamins including vitamin
   Bi/Thiamine.




                                          Deutsch Bliumbag
                                          & Cxballero, PH,
         NEW WORLD TOWER + 100 N BISCAYNE BOULEVARD. SUITE 2002 « MIAMI, FLORICA 33192 - YEL (305) 288-8979
CERTIFICATE
                                             OF SERVICE
       WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 6" day of October, 2020 to: see attached service list.

                                                         DEUTSCH BLUMBERG
                                                        & CABALLERO, P.A.
                                                        Attorneys for Plaintiffs
                                                        New World Tower, Suite 2802
                                                        100 North Biscayne Boulevard
                                                        Miami, Florida 33132
                                                        Tel: (305) 358-6329 / Fax: (305) 358-9304
                                                        E-mails: erb@deutschblumberg.com;
                                                        rmitchell@deutschblumberg.com

                                                        By:       s/Edward R, Blumberg
                                                                  EDWARD R. BLUMBERG, ESQ.
                                                                  Florida Bar No. 190870




                                            Deutsch Blumberg
                                            & Caballero, PA,
           NEW WORLD TOWER - 100 N, BISCAYNE BOULEVARD, SUITE 2802 « MIAMI, FLORIDA $3192 + TEL (305) 356-6328
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-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com
 Richard K. Bowers, 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:                        nker!

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,
Il
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
Natalie J. Davy, 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@berplaw.com; ndavy@barplaw.com; eserve@barptaw.com; and
dhensley@bgrplaw.com

1]Page
Douglas Lumpkin, Esq.
 Summer E. Harcup, Esq
Wicker Smith O’Hara McCoy & Ford, P.A.
Attorneys for Defendants AHSAN KAMAL, M.D. and HARBOR MEDICAL GROUP, LLC
1819 Main Street, Suite 910
Sarasota, FL 34236
Telephone: 941-366-4200
Fax: 941-366-4227
Email: SARcrtpleadings@wickersmith.com
RalphL. Marchbank, Jr.,     Esq
Dickinson & Gibbons, P.A.
Attorney for Defendants DOMINGO GALLIANO, JR. and DOMINGO E. GALLIANO, JR.
                                                                           “7
PA.
401 N. Cattlemen Road, Suite 300
Sarasota, Fl. 34232
Telephone: 941-366-4680
Fa: 941-953-3136
Emails: Rmarchbank@dglawyers.com; Lgordon@dglawyers.com
Brett P. Gliosca, Esq
JeffreyM. Goodis, E:
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M. .D., PA.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com; baliosca@ljglegal,com; nkovacic@liglegal.com
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




2[Page
RICHARD B. MANGAN, JR., ESQUIRE
 KELSEY T. CAMPBELL, ESQUIRE
 RISSMAN, BARRETT, HURT
 DONAHUE, McLAIN & MANGAN, P.A. Attorneys for Defendant,
 Nandini Kiri, M.D. and Nandini Kiri, M.D., P.A,
 1 North Dale Mabry Highway
 11th Floor
 Tampa, FL 33609
 Telephone: (813) 221-3114
 Facsimile: (813) 221-3033
 Email: rom.service@rissman.com
 Email: ktc.service@rissman.com
 Stephanie. doyle@rissman.com




3[/Page