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IN THE CIRCUIT COURT OF THE 207
JUDICIAL CIRCUIT IN AND FOR
Charlotte County Clerk CHARLOTTE COUNTY, FLORIDA
01236139 Date : 01/22/01 - 09:23:05 id: 54
Case#: 00000120CA Pages: 0005 GENERAL JURISDICTION DIVISION
in a CASE NO: 00-120 CA
ALLY SIMON, as Personal Representative
of the Estate of MICHAEL SIMON,
Plaintiff,
vs.
MARK ASPERILLA, M.D., MARK ASPERILLA, M.D., —«
P/A., a Florida Corporation, DALE GREENBERG, M.D.,
RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE
& GREENBERG, M_D., P.A., a Florida Corporation,
SAMUEL ESTEPA, M.D., NASIR KHALIDI, M.D., NASIR
KHALIDI & SAKINA KHALIDI, M.D., P.A., a Florida Corporation,
and CONRAD EPPING KOERPER, M.D., COLEMAN &
CASTELLON, M._D., P.A., a/k/a CHARLOTTE RADIOLOGY
GROUP, and BON SECOURS-ST. JOSEPH HOSPITAL ‘a
Florida Corporation,
Defendants.
PLAINTIFF’S EXPERT WITNESS DISCLOSURE
COMES NOW, the Plaintiff, SALLY SIMON, as Personal Representative of the
Estate of MICHAEL SIMON, by and through her undersigned counsel, and pursuant to this
Court’s instructions at the October 26" Case Management Conference and pursuant to
Fla. R. Civ. P. 1.280 identified the following experts:
1. DAVID SOLOMON, M.D. - INTERNAL MEDICINE
c/o Tampa General
Davis Island, A245
Tampa, FL 33606
Dr. Solomon is expected to testify on the issues of standard of care and
SD causation.
It will be Dr. Solomon's opinion that Dr. Samuel Estepa provided below-
standard medical care to his patient Michael Simon, which led to a delay in
CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (308) 856-4004
aCASE NO: 00-120 CA
the diagnosis and treatment of the patient's spinal infection. As a result of
this delay, Mr. Simon became paralyzed and endured numerous
complications and illnesses caused by the paralysis which led to his untimely
death.
Attached is a copy of Dr. Solomon's Curriculum Vitae.
KENNETH RATZAN, M.D. - INFECTIQUS DISEASE
4300 Alton Road
Miami Beach, FL 33140
Dr. Ratzan is expected to testify on the issues of standard of care and
causation.
Specifically, it will be Dr. Ratzan’s opinion that Dr. Mark Asperilla fell below
the standard of care in treating his patient Michael Simon, which led to a
delay in the diagnosis and treatment of the patient's spinal infection. As a
result of this delay, Mr. Simon became paralyzed and endured numerous
complications and illnesses caused by the paralysis which led to his untimely
death.
Attached is a copy of Dr. Ratzan’s Curriculum Vitae.
DANIEL MUSHER, M.D. - INFECTIOUS DISEASE
6336 Wake Forest
Houston, TX 77005
Dr. Musher is expected to testify on the issue of causation.
Specifically, it will be Dr. Musher’s opinion that as a result of the delay in
diagnosing and treating Mr. Simon’s spinal infection, Mr. Simon unnecessarily
became paralyzed and endured numerous complications and illnesses
caused by the paralysis which led to his untimely death.
Attached is a copy of Dr. Musher’s Curriculum Vitae.
CHARLES VIRGIN, M.D. - ORTHOPEDIC SURGERY
2700 S.W. 3rd Avenue
Suite 1B
Miami, FL 33129-2712
Dr. Virgin is expected to testify on the issues of standard of care and
causation.
It will be Dr. Virgin’s opinion that Drs. Greenberg and Constine provided
below-standard medical care to their patient Michael Simon, which resulted
2
CULMO & CULMO, P.A,, 2400 SOUTH DIME HIGHWAY, SUITE 100, MIAMI, FL 23133 + (305) 856-4004“ CASE NO: 00-120 CA
in a delay in the diagnosis and treatment of his spinal infection. As a result
of this delay, Michael Simon became paralyzed and endured numerous
complications and illnesses caused by the paralysis which led to his untimely
death.
Attached is a copy of Dr. Virgin’s Curriculum Vitae.
DR. JAMES STEWART - NEUROLOGY
7330 SW 62™ Place
Room 310
South Miami, Fl 33143
Dr. Stewart is expected to testify on the issues of standard of care and
causation.
«
Specifically, it will be Dr. Stewart's opinion that Dr. Nasir Khalidi provided
below-standard medical care to his patient Michael Simon which resulted in
a delay in the diagnosis and treatment of his spinal infection. As a result of
this delay, Michael Simon became paralyzed and endured numerous
complications and illnesses caused by the paralysis which led to his untimely
death.
Attached is a copy of Dr. Stewart's Curriculum Vitae.
JAMES WHITE, M.D. - RADIOLOGY
c/o St. Josephs Hospital
2500 Harbor Bivd.
Port Charlotte, Florida 33952
Dr. White is expected to testify on the issues of standard of care.
Specifically, Dr. White has testified that Conrad Koerper provided below-
standard medical care to Michael Simon by misreading the July 28,
1997 CT of the abdomen, which resulted in a delay in the diagnosis and
treatment of his spinal infection. See Dr. White's deposition transcript.
GARY LUSTGARDEN, M.D. - NEUROSURGERY
100 NW 170th Street, #302 *
North Miami Beach, Florida 33169
Dr. Lustgarden is expected to testify in the area of causation.
Specifically, it will be Dr. Lustgarden’s opinion that had Michael Simon's back
infection been timely diagnosed and treated, that Michael would not have
become paralyzed and died an untimely death.
3
CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 « (305) 886-4004CASE NO: 00-120 CA
Attached is a copy of Dr. Lustgarden’s Curriculum Vitae.
8. FRED RAFFA, PhD. - ECONOMIST
Raffa Consulting Economists, Inc.
17 South Oscula Avenue
Suite 200 *
Orlando, Florida 32801
Dr. Raffa is expected to provide testimony regarding the economic damages
suffered by Michael Simon's estate as a result of his untimely death.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing was served by
mail on: ALL COUNSEL OF RECORD on this Seay of January, 2001.
CULMO & CULMO, P.A.
: Attorneys for the Plaintiff
i 2400 South Dixie Highway
i Suite 100
Miami, Florida 33133
Phone: (305) 856-4004
Fax: (305) 854-544!
THO . CULMO
Florida Bar: 775479
F-\CASES\SIMONIPLEADING\ExptWinsDsclosur
i i CULMO & CULMO, .A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (308) 856-4004
seperti ninSALLY SIMON, as Personal Representative of the Estate of Michael Simon, Deceased
CERTIFICATE OF SERVICE
Lynn H. Groseciose, Esq.
Attorney for Asperilia
100 Wallace Avenue
Suite 240
Sarasota, Florida 34237
Phone: 941-365-0540
Fax: 941-366-5060
Craig Stevens, Esq.
Attorney for Constine, Greenberg & Levy
George, Hartz, Lundeen & Fulmer
2000 Main Street, Suite 402
Ft. Myers, Florida 33901
Phone: 941-337-7787
Fax: 941-337-4303
John Hamilton, Esq.
Attorney for Dr. Khalidi
100 North Tampa Street
Suite 3650
Tampa, Florida 33602
Phone: 813-222-3939
Fax: 813-222-3938
DENNIS KOLTUN, ESQUIRE
Co-counsel for Sally Simon
7101 S. W. 102" Avenue
Miami, FL 33173
Phone: 305-595-6791
Fax: 305-595-5400
KELLY JO SMITH, ESQ.
Attorneys for Bon Secours-St. Joseph
Hahn, Morgan & Lamb
2701 N. Rocky Point Dr., #410
Tampa, Florida 33607
Phone: 813-281-9700
Fax: 813-287-2900
RAYMOND A. REISER, ESQ.
Attorney for Conrad Koerper
Reiser & Allison
1 SE 3" Avenue, Suite 1860
Miami, Florida 33131-1704
Phone: 305-379-5316
Fax: 305-379-6917
BENITO DIAZ, ESQUIRE
Attorney for Samuel Estepa
Diaz & Morel-Saruski
2912 Douglas Road
Coral Gables, FL 33134
Phone: 305-529-9910 Ext. 12
Fax: 305-529-9913
CLIFFORD L. SOMERS, ESQ.
Attérneys for Coleman & Castellon
Barr, Murman & Tonelli, P.A.
201 East Kennedy Blvd., #1750
Tampa, FL 33602
Telephone : 813-223-3951
Fax: 813-229-2254 or
Fax: 813-209-0214
THOMAS A. CULMO, ESQ.
Culmo & Culmo, P.A.
Co-Counsel for Sally Simon
2400 South Dixie Highway
Suite 100
Miami, Florida 33133
Phone: 305-856-4004
Fax: 305-854-5445
.
Preview
we IN THE CIRCUIT COURT OF THE 207 JUDICIAL CIRCUIT IN AND FOR Charlotte County Clerk CHARLOTTE COUNTY, FLORIDA 01236139 Date : 01/22/01 - 09:23:05 id: 54 Case#: 00000120CA Pages: 0005 GENERAL JURISDICTION DIVISION in a CASE NO: 00-120 CA ALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, Plaintiff, vs. MARK ASPERILLA, M.D., MARK ASPERILLA, M.D., —« P/A., a Florida Corporation, DALE GREENBERG, M.D., RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE & GREENBERG, M_D., P.A., a Florida Corporation, SAMUEL ESTEPA, M.D., NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA KHALIDI, M.D., P.A., a Florida Corporation, and CONRAD EPPING KOERPER, M.D., COLEMAN & CASTELLON, M._D., P.A., a/k/a CHARLOTTE RADIOLOGY GROUP, and BON SECOURS-ST. JOSEPH HOSPITAL ‘a Florida Corporation, Defendants. PLAINTIFF’S EXPERT WITNESS DISCLOSURE COMES NOW, the Plaintiff, SALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, by and through her undersigned counsel, and pursuant to this Court’s instructions at the October 26" Case Management Conference and pursuant to Fla. R. Civ. P. 1.280 identified the following experts: 1. DAVID SOLOMON, M.D. - INTERNAL MEDICINE c/o Tampa General Davis Island, A245 Tampa, FL 33606 Dr. Solomon is expected to testify on the issues of standard of care and SD causation. It will be Dr. Solomon's opinion that Dr. Samuel Estepa provided below- standard medical care to his patient Michael Simon, which led to a delay in CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (308) 856-4004 aCASE NO: 00-120 CA the diagnosis and treatment of the patient's spinal infection. As a result of this delay, Mr. Simon became paralyzed and endured numerous complications and illnesses caused by the paralysis which led to his untimely death. Attached is a copy of Dr. Solomon's Curriculum Vitae. KENNETH RATZAN, M.D. - INFECTIQUS DISEASE 4300 Alton Road Miami Beach, FL 33140 Dr. Ratzan is expected to testify on the issues of standard of care and causation. Specifically, it will be Dr. Ratzan’s opinion that Dr. Mark Asperilla fell below the standard of care in treating his patient Michael Simon, which led to a delay in the diagnosis and treatment of the patient's spinal infection. As a result of this delay, Mr. Simon became paralyzed and endured numerous complications and illnesses caused by the paralysis which led to his untimely death. Attached is a copy of Dr. Ratzan’s Curriculum Vitae. DANIEL MUSHER, M.D. - INFECTIOUS DISEASE 6336 Wake Forest Houston, TX 77005 Dr. Musher is expected to testify on the issue of causation. Specifically, it will be Dr. Musher’s opinion that as a result of the delay in diagnosing and treating Mr. Simon’s spinal infection, Mr. Simon unnecessarily became paralyzed and endured numerous complications and illnesses caused by the paralysis which led to his untimely death. Attached is a copy of Dr. Musher’s Curriculum Vitae. CHARLES VIRGIN, M.D. - ORTHOPEDIC SURGERY 2700 S.W. 3rd Avenue Suite 1B Miami, FL 33129-2712 Dr. Virgin is expected to testify on the issues of standard of care and causation. It will be Dr. Virgin’s opinion that Drs. Greenberg and Constine provided below-standard medical care to their patient Michael Simon, which resulted 2 CULMO & CULMO, P.A,, 2400 SOUTH DIME HIGHWAY, SUITE 100, MIAMI, FL 23133 + (305) 856-4004“ CASE NO: 00-120 CA in a delay in the diagnosis and treatment of his spinal infection. As a result of this delay, Michael Simon became paralyzed and endured numerous complications and illnesses caused by the paralysis which led to his untimely death. Attached is a copy of Dr. Virgin’s Curriculum Vitae. DR. JAMES STEWART - NEUROLOGY 7330 SW 62™ Place Room 310 South Miami, Fl 33143 Dr. Stewart is expected to testify on the issues of standard of care and causation. « Specifically, it will be Dr. Stewart's opinion that Dr. Nasir Khalidi provided below-standard medical care to his patient Michael Simon which resulted in a delay in the diagnosis and treatment of his spinal infection. As a result of this delay, Michael Simon became paralyzed and endured numerous complications and illnesses caused by the paralysis which led to his untimely death. Attached is a copy of Dr. Stewart's Curriculum Vitae. JAMES WHITE, M.D. - RADIOLOGY c/o St. Josephs Hospital 2500 Harbor Bivd. Port Charlotte, Florida 33952 Dr. White is expected to testify on the issues of standard of care. Specifically, Dr. White has testified that Conrad Koerper provided below- standard medical care to Michael Simon by misreading the July 28, 1997 CT of the abdomen, which resulted in a delay in the diagnosis and treatment of his spinal infection. See Dr. White's deposition transcript. GARY LUSTGARDEN, M.D. - NEUROSURGERY 100 NW 170th Street, #302 * North Miami Beach, Florida 33169 Dr. Lustgarden is expected to testify in the area of causation. Specifically, it will be Dr. Lustgarden’s opinion that had Michael Simon's back infection been timely diagnosed and treated, that Michael would not have become paralyzed and died an untimely death. 3 CULMO & CULMO, P.A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 « (305) 886-4004CASE NO: 00-120 CA Attached is a copy of Dr. Lustgarden’s Curriculum Vitae. 8. FRED RAFFA, PhD. - ECONOMIST Raffa Consulting Economists, Inc. 17 South Oscula Avenue Suite 200 * Orlando, Florida 32801 Dr. Raffa is expected to provide testimony regarding the economic damages suffered by Michael Simon's estate as a result of his untimely death. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing was served by mail on: ALL COUNSEL OF RECORD on this Seay of January, 2001. CULMO & CULMO, P.A. : Attorneys for the Plaintiff i 2400 South Dixie Highway i Suite 100 Miami, Florida 33133 Phone: (305) 856-4004 Fax: (305) 854-544! THO . CULMO Florida Bar: 775479 F-\CASES\SIMONIPLEADING\ExptWinsDsclosur i i CULMO & CULMO, .A., 2400 SOUTH DIXIE HIGHWAY, SUITE 100, MIAMI, FL 33133 + (308) 856-4004 seperti ninSALLY SIMON, as Personal Representative of the Estate of Michael Simon, Deceased CERTIFICATE OF SERVICE Lynn H. Groseciose, Esq. Attorney for Asperilia 100 Wallace Avenue Suite 240 Sarasota, Florida 34237 Phone: 941-365-0540 Fax: 941-366-5060 Craig Stevens, Esq. Attorney for Constine, Greenberg & Levy George, Hartz, Lundeen & Fulmer 2000 Main Street, Suite 402 Ft. Myers, Florida 33901 Phone: 941-337-7787 Fax: 941-337-4303 John Hamilton, Esq. Attorney for Dr. Khalidi 100 North Tampa Street Suite 3650 Tampa, Florida 33602 Phone: 813-222-3939 Fax: 813-222-3938 DENNIS KOLTUN, ESQUIRE Co-counsel for Sally Simon 7101 S. W. 102" Avenue Miami, FL 33173 Phone: 305-595-6791 Fax: 305-595-5400 KELLY JO SMITH, ESQ. Attorneys for Bon Secours-St. Joseph Hahn, Morgan & Lamb 2701 N. Rocky Point Dr., #410 Tampa, Florida 33607 Phone: 813-281-9700 Fax: 813-287-2900 RAYMOND A. REISER, ESQ. Attorney for Conrad Koerper Reiser & Allison 1 SE 3" Avenue, Suite 1860 Miami, Florida 33131-1704 Phone: 305-379-5316 Fax: 305-379-6917 BENITO DIAZ, ESQUIRE Attorney for Samuel Estepa Diaz & Morel-Saruski 2912 Douglas Road Coral Gables, FL 33134 Phone: 305-529-9910 Ext. 12 Fax: 305-529-9913 CLIFFORD L. SOMERS, ESQ. Attérneys for Coleman & Castellon Barr, Murman & Tonelli, P.A. 201 East Kennedy Blvd., #1750 Tampa, FL 33602 Telephone : 813-223-3951 Fax: 813-229-2254 or Fax: 813-209-0214 THOMAS A. CULMO, ESQ. Culmo & Culmo, P.A. Co-Counsel for Sally Simon 2400 South Dixie Highway Suite 100 Miami, Florida 33133 Phone: 305-856-4004 Fax: 305-854-5445 .