Complaint,Petition: SIMON SALLY vs. ASPERILLA MARK MD

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                                IN THE CIRCUIT COURT OF THE 20™
tte County Clerk JUDICIAL CIRCUIT IN AND FOR
oo naet 3 4 fein va 55:01 id: 54 CHARLOTTE COUNTY, FLORIDA
120CA wii 0024

“Ta GENERAL JURISDICTION DIVISION

CASE NO: 00-190-CA
SALLY 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 . i
& GREENBERG, M._D., P.A., a Florida Corporation, eee
SAMUEL ESTEPA, M.D., PRIMARY CARE PHYSICIANS, on :
INC., a Florida Corporation, THOMAS K. WANZY, M.D.,
THOMAS K. WANZY, M.D., P.A., a Florida Corporation,
BALA K. NANDIGAM, M.D., CHARLOTTE MEDICAL
ASSOCIATES, P.A., a Florida Corporation, MOIDEN
MOOPEN, M.D., MOIDEN MOOPEN, M.D., P.A., a

Florida Corporation, CARLOS E. MAAS, M.D.,

CARLOS E. MAAS, M.D., P.A., a Florida Corporation,

NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA

KHALIDI, M.D., P.A., a Florida Corporation, ST. JOSEPHS
EMERGENCY MEDICAL PHYSICIANS, a Florida Corporation,
FRANK COLUNGA, M.D., CHRIS MICKELSON, M.D.,

Defendants.

COMPLAINT
Plaintiff, SALLY SIMON, as Personal Representative of the Estate of MICHAEL
SIMON, and hereby sues the Defendants, 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., PRIMARY CARE PHYSICIANS, INC., a Florida Corporation, THOMAS K.

THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2850 SOUTHWEST 277 AVE,, MIAMI, FL 33133 + (305) 445-2339WANZY, M.D., THOMAS K. WANZY, M.D., P.A., a Florida Corporation, BALA K.
NANDIGAM, M.D., CHARLOTTE MEDICAL ASSOCIATES, P.A., a Florida Corporation,
MOIDEN MOOPEN, M.D., MOIDEN MOOPEN, M.D., P.A., a Florida Corporation, CARLOS
E. MAAS, M.D., CARLOS E. MAAS, M.D., P.A., a Florida Corporation, NASIR KHALIDI,
M.D., NASIR KHALID] & SAKINA KHALIDI, M.D., P.A., a Florida Corporation, ST.
JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida Corporation, FRANK
COLUNGA, M.D., CHRIS MICKELSON, M.D., and allege:
JURISDICTION AND PARTIES

1. This is an action for damages in excess of $15,000, exclusive of interest and
costs, the jurisdictional limits of this Court.

2. At all times material hereto, the Plaintiff, SALLY SIMON, was the wife of
MICHAEL SIMON.

3. At all times material hereto, the Plaintiff, SALLY SIMON, was and is a
resident of Charlotte County, Florida.

4. At all times material hereto, DANIEL SIMON, was the minor child of
MICHAEL SIMON.

5. At all times material, Defendant, MARK ASPERILLA, M.D., (hereinafter
referred to as ASPERILLA) was and is a resident of Charlotte County, Florida, and was
and is duly licensed as a physician by the laws of the State of Florida, and was and is
engaged in the practice of medicine in Charlotte County, Florida.

6. At all times material hereto, the Defendant, MARK ASPERILLA, M.D., P.A.,
(hereinafter referred to as ASPERILLA, P.A.) was and is a professional association

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 271 AVE., MIAMI, FL 33133 + (308) 445-2339organized and existing under the laws of the State of Florida, and was and is doing
business in Charlotte County, Florida.

7. At all times material, Defendant, DALE GREENBERG, M_D., (hereinafter
referred to as GREENBERG) was and is a resident of Charlotte County, Florida, and was
and is duly licensed as a physician by the laws of the State of Florida, and was and is
engaged in the practice of medicine in Charlotte County, Florida.

8. At all times material, Defendant, RONALD CONSTINE, M_D., (hereinafter
referred to as CONSTINE) was and is a resident of Charlotte County, Florida, and was and
is duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

9. At all times material hereto, the Defendant, LEVY, BAKER, CONSTINE &
GREENBERG, M._D., P.A., (hereinafter referred to as LEVY BAKER, P.A.) was and is a
professional association organized and existing under the laws of the State of Florida, and
was and is doing business in Charlotte County, Florida.

10. At all times material, Defendant, SAMUEL ESTEPA, M.D., (hereinafter
referred to as ESTEPA) was and is a resident of Charlotte County, Florida, and was and
is duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

11.  Atall times material hereto, the Defendant, PRIMARY CARE PHYSICIANS,
INC. (hereinafter referred to as PRIMARY CARE) was and is a professional association
organized and existing under the laws of the State of Florida, and was and is doing

business in Charlotte County, Florida.

THOMAS A, CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 2774 AVE., MIAMI, FL 33133 + (308) 445-

233912. At all times material, Defendant, THOMAS K. WANZY, M.D., (hereinafter
referred to as WANZY) was and is a resident of Charlotte County, Florida, and was and is
duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

13.  Atall times material hereto, the Defendant, THOMAS K. WANZY, M.D., P.A.,
(hereinafter referred to as WANZY, P.A.) was and is a professional association organized
and existing under the laws of the State of Florida, and was and is doing business in
Charlotte County, Florida.

14. At all times material, Defendant, BALA K. NANDIGAM, M._D., (hereinafter
referred to as NANDIGAM) was and is a resident of Charlotte County, Florida, and was and
is duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

15. At all times material hereto, the Defendant, CHARLOTTE MEDICAL
ASSOCIATES, P.A., (hereinafter referred to as CHARLOTTE MEDICAL, P.A.) was and is
a professional association organized and existing under the laws of the State of Florida,
and was and is doing business in Charlotte County, Florida.

16. At all times material, Defendant, MOIDEN MOOPEN, M.D., (hereinafter
referred to as MOOPEN) was and is a resident of Charlotte County, Florida, and was and
is duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

17. Atall times material hereto, the Defendant, MOIDEN MOOPEN, M_D., P.A.,
(hereinafter referred to as MOOPEN, P.A.) was and is a professional association organized

4.

THOMAS &, CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277! AVE., MIAMI, FL 33133 + (305) 445-2339and existing under the laws of the State of Florida, and was and is doing business in
Charlotte County, Florida.

18. At all times material, Defendant, CARLOS E. MAAS, M.D., (hereinafter
referred to as MAAS) was and is a resident of Charlotte County, Florida, and was and is
duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

19.  Atall times material hereto, the Defendant, CARLOS E. MAAS, M.D., P.A.,
(hereinafter referred to as MAAS, P.A.) was and is a professional association organized
and existing under the laws of the State of Florida, and was and is doing business in
Charlotte County, Florida.

20. Atall times material, Defendant, NASIR KHALIDI, M.D., (hereinafter referred
to as KHALIDI) was and is a resident of Charlotte County, Florida, and was and is duly
licensed as a physician by the laws of the State of Florida, and was and is engaged in the
practice of medicine in Charlotte County, Florida.

21, ‘At ail times material hereto, the Defendant, NASIR KHALIDI & SAKINA
KHALIDI, M.D., P.A., (hereinafter referred to as KHALIDI, P.A.) was and is a professional
association organized and existing under the laws of the State of Florida, and was and is
doing business in Charlotte County, Florida.

22.  Ataill times material hereto, the Defendant, ST. JOSEPHS EMERGENCY
MEDICAL PHYSICIANS, (hereinafter referred to as ST. JOSEPHS) was and is a
professional association organized and existing under the laws of the State of Florida, and
was and is doing business in Charlotte County, Florida.

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 27% AVE., MIAMI, FL 33133 + (305) 445-233923. At all times material, Defendant, FRANK COLUNGA, M.D., (hereinafter
referred to as COLUNGA) was and is a resident of Charlotte County, Florida, and was and
is duly licensed as a physician by the laws of the State of Florida, and was and is engaged
in the practice of medicine in Charlotte County, Florida.

24. At all times material, Defendant, CHRIS MICKELSON, M.D., (hereinafter
referred to as MICKELSON) was and is a resident of Charlotte County, Florida, and was
and is duly licensed as a physician by the laws of the State of Florida, and was and is
engaged in the practice of medicine in Charlotte County, Florida.

25. All conditions precedent to the bringing of this action have been satisfied,
performed, or otherwise waived. Notice of Claim letters have been sent. Defendants have
denied liability.

AGENCY

26. Atall times material, Defendant, ASPERILLA, P.A. by and through its agents,
servants and employees, and held out to the public and to the Plaintiffs, that its employees
were skilled in providing medical care, services, and facilities to persons in need of such
attention and held out that its physician employees were skilled in the practice of medicine.

27. At all times material, ASPERILLA, was the agent, servant, officer, or
employee of ASPERILLA, PA, and was acting within the course and scope of his
employment and as such, ASPERILLA, P.A. is vicariously liable for the actions of
ASPERILLA.

28. At all times material, Defendant, LEVY BAKER, P.A. by and through its
agents, servants and employees, and held out to the public and to the Plaintiffs, that its

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 271H AVE., MIAMI, FL 33133 + (30S) 445-2339employees were skilled in providing medical care, services, and facilities to persons in
need of such attention and held out that its physician employees were skilled in the
practice of medicine.

29. At all times material, GREENBERG, was the agent, servant, officer, or
employee of LEVY BAKER, PA, and was acting within the course and scope of his
employment and as such, LEVY BAKER, P.A. is vicariously liable for the actions of
GREENBERG.

30. Atall times material, CONSTINE, was the agent, servant, officer, or employee
of LEVY BAKER, PA, and was acting within the course and scope of his employment and
as such, LEVY BAKER, P.A. is vicariously liable for the actions of CONSTINE.

31. At all times material, Defendant, PRIMARY CARE, P.A. by and through its
agents, servants and employees, and held out to the public and to the Plaintiffs, that its
employees were skilled in providing medical care, services, and facilities to persons in
need of such attention and held out that its physician employees were skilled in the
practice of medicine.

32.  Atall times material, ESTEPA, was the agent, servant, officer, or employee
of PRIMARY CARE, PA, and was acting within the course and scope of his employment
and as such, PRIMARY CARE, P.A. is vicariously liable for the actions of ESTEPA.

33. At all times material, Defendant, WANZY, P.A. by and through its agents,
servants and employees, and held out to the public and to the Plaintiffs, that its employees
were skiles in providing medical care, services, and facilities to persons in need of such
attention and held out that its physician employees were skilled.

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THOMAS A, CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 27™ AVE., MIAMI, FL 33133 + (205) 445-233934. At all times material, WANZY, was the agent, servant, officer, or employee
of WANZY, PA, and was acting within the course and scope of his employment and as
such, WANZY, P.A. is vicariously liable for the actions of WANZY.

35. At all times material, Defendant, CHARLOTTE MEDICAL, P.A. by and
through its agents, servants and employees, and held out to the public and to the Plaintiffs,
that its employees were skilled in providing medical care, services, and facilities to persons
in need of such attention and held out that its physician employees were skilled in the
practice of medicine.

36. At all times material, NANDIGAM, was the agent, servant, officer, or
employee of CHARLOTTE MEDICAL, PA, and was acting within the course and scope of
his employment and as such, CHARLOTTE MEDICAL, P.A. is vicariously liable for the
actions of NANDIGAM.

37.  Atall times material, Defendant, MOOPEN, P.A. by and through its agents,
servants and employees, and held out to the public and to the Plaintiffs, that its employees
were skilled in providing medical care, services, and facilities to persons in need of such
attention and held out that its physician employees were skilled in the practice of medicine.

38.  Atall times material, MOOPEN, was the agent, servant, officer, or employee
of MOOPEN, PA, and was acting within the course and scope of his employment and as
such, MOOPEN, P.A. is vicariously liable for the actions of MOOPEN.

39. At all times material, Defendant, MAAS, P.A. by and through its agents,

servants and employees, and held out to the public and to the Plaintiffs, that its employees

THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 27™ AVE., MIAMI, FL 33/33 + (305) 445-2339were skilled in providing medical care, services, and facilities to persons in need of such
attention and held out that its physician employees were skilled in the practice of medicine.

40. Atall times material, MAAS, was the agent, servant, officer, or employee of
MAAS, PA, and was acting within the course and scope of his employment and as such,
MAAS, P.A. is vicariously liable for the actions of MAAS.

41. At all times material, Defendant, KHALIDI, P.A. by and through its agents,
servants and employees, and held out to the public and to the Plaintiffs, that its employees
were skilled in providing medical care, services, and facilities to persons in need of such
attention and held out that its physician employees were skilled in the practice of medicine.

42. At all times material, KHALIDI, was the agent, servant, officer, or employee
of KHALIDI, P.A., and was acting within the course and scope of his employment and as
such, KHALIDI, P.A. is vicariously liable for the actions of KHALIDI.

43. — Atall times material, Defendant, ST. JOSEPHS, by and through its agents,
servants and employees, and held out to the public and to the Plaintiffs, that its employees
were skilled in providing medical care, services, and facilities to persons in need of such
attention and held out that its physician employees were skilled in the practice of medicine.

44. Atall times material, COLUNGA, was the agent, servant, officer, or employee
of ST. JOSEPHS, and was acting within the course and scope of his employment and as
such, ST. JOSEPHS is vicariously liable for the actions of COLUNGA.

45. At all times material, MICKELSON, was the agent, servant, officer, or

employee of ST. JOSEPHS, and was acting within the course and scope of his

THOMAS A, CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339employment and as such, ST. JOSEPHS is vicariously liable for the actions of
MICKELSON.
FACTS GIVING RISE TO THE CAUSE OF ACTION

46. MICHAEL SIMON presented with complaints of back pain and exhibited signs
and symptoms of a severe infectious state. He was admitted to the hospital where he
remained for several days. During this admission the cause of his infection was never
determined despite having come under the care of several physicians and consultants.
As the decedent's condition continued to deteriorate, he was seen in the doctor's office and
thereafter was readmitted into the hospital. After three (3) days into the second admission,
the patient was diagnosed with intraspinal abscesses which had caused significant
damage to his spinal cord and resulted in paralysis. Despite surgical and medical attempts
to drain the abscesses and rid his spinal cord and body of infection, the decedent was
rendered permanently paralyzed. Over the course of the next year, the decedent suffered
complications of his paralysis in its severe infection state and ‘required months of
hospitalization, rehabilitation and therapy on an in patient basis. On August 21, 1998

MICHAEL SIMON died.

CLAIMS AGAINST ASPERILLA & ASPERILLA, P.A.

47. Defendants ASPERILLA and ASPERILLA, P.A. by and through its officers,
agents, servants and employees, including ASPERILLA, undertook the duty to provide
proper care to Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which
under the circumstances would be recognized as acceptable and appropriate by similar

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339health care providers in similar medical communities. Notwithstanding the duty undertaken
by ASPERILLA and ASPERILLA, P.A., they did or fail to do any or all of the following acts,
any or all of which were departures from accepted standards of medical care and treatment
in Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition:

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

48. At all times material hereto, ASPERILLA, was an agent, servant, officer or
employee of ASPERILLA, P.A. and was acting within the course and scope of his
employment or agency, therefore, ASPERILLA, P.A. is vicariously liable for the negligence
of ASPERILLA, alleged in paragraphs 47(a) through 47(e) of this Complaint.

CLAIMS AGAINST GREENBERG & LEVY BAKER, P.A.

49. Defendants GREENBERG and LEVY BAKER, P.A. by and through its
Officers, agents, servants and employees, including GREENBERG, undertook the duty to
provide proper care to Plaintiff, MICHAEL SIMON, with the level of skill, care and
treatment, which under the circumstances would be recognized as acceptable and

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THOMAS A. CULMO, P.A.. GROVE PROFESSIONAL BUILDING, SUITE 100, 2960 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339appropriate by similar health care providers in similar medical communities.
Notwithstanding the duty undertaken by GREENBERG and LEVY BAKER, P.A., they did
or fail to do any or all of the following acts, any or all of which were departures from
accepted standards of medical care and treatment in Charlotte County, Florida, or any
other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

é. Negligently and carelessly filed to provide timely treatment to the
patient.

50. Atal times material hereto, GREENBERG was an agent, servant, officer or
employee of LEVY BAKER, P.A. and was acting within the course and scope of his
employment or agency, therefore, LEVY BAKER, P.A. is vicariously liable for the
negligence of GREENBERG alleged in paragraphs 49 (a) through 49(4) of this Complaint.

CLAIMS AGAINST CONSTINE & LEVY BAKER, P.A.

51. Defendants CONSTINE and LEVY BAKER, P.A. by and through its officers,
agents, servants and employees, including CONSTINE undertook the duty to provide
Proper care to Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which

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THOMAS A. CULMG, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE., MIAMI, FL 33133 (305) 445-2339under the circumstances would be recognized as acceptable and appropriate by similar
health care providers in similar medical communities. Notwithstanding the duty undertaken
by CONSTINE and LEVY BAKER, P.A., they did or fail to do any or all of the following acts,
any or all of which were departures from accepted standards of medical care and treatment
in Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c Negligently and carelessly failed to diagnose the patient’s condition:

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

52. At all times material hereto, CONSTINE was an agent, servant, officer or
employee of LEVY BAKER, P.A. and was acting within the course and scope of his
employment or agency, therefore, LEVY BAKER, P.A. is vicariously liable for the
negligence of CONSTINE alleged in paragraphs 51(a) through 51(e) of this Complaint.

CLAIMS AGAINST ESTEPA & PRIMARY CARE

53. Defendants ESTEPA and PRIMARY CARE, by and through its officers,
agents, servants and employees, including ESTEPA undertook the duty to provide proper
care to Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which under

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THOMAS &. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339the circumstances would be recognized as acceptable and appropriate by similar health
care providers in similar medical communities. Notwithstanding the duty undertaken by
ESTEPA and PRIMARY CARE, they did or fail to do any or all of the following acts, any
or ail of which were departures from accepted standards of medical care and treatment in
Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient’s condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

54. At all times material hereto, ESTEPA, was an agent, servant, officer or
employee of PRIMARY CARE and was acting within the course and scope of his
employment or agency, therefore, PRIMARY CARE is vicariously liable for the negligence
of ESTEPA, alleged in paragraphs 53(a) through 53(e) of this Complaint.

CLAIMS AGAINST WANZY & WANZY, P.A.

55. Defendants WANZY and WANZY, P.A., by and through its officers, agents,
servants and employees, including WANZY undertook the duty to provide proper care to
Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which under the

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THOMAS A. CULMO, P.A,, GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE, MIAMI, FL. 33133 + (308) 445-2339circumstances would be recognized as acceptable and appropriate by similar health care
Providers in similar medical communities. Notwithstanding the duty undertaken by WANZY
and WANZY, P.A., they did or fail to do any or all of the following acts, any or all of which
were departures from accepted standards of medical care and treatment in Charlotte
County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition:

Cc. Negligently and carelessly failed to diagnose the patient's condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

56. At all times material hereto, WANZY, was an agent, servant, officer or
employee of WANZY, P.A. and was acting within the course and scope of his employment
or agency, therefore, WANZY, P.A. is vicariously liable for the negligence of WANZY
alleged in paragraphs 55(a) through 55(e) of this Complaint.

CLAIMS AGAINST NANDIGAM & CHARLOTTE MEDICAL

57. Defendants NANDIGAM and CHARLOTTE MEDICAL, by and through its
officers, agents, servants and employees, including NANDIGAM undertook the duty to
provide proper care to Plaintiff, MICHAEL SIMON, with the level of skill, care and

15+

THOMAS A. CULMG, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2850 SOUTHWEST 277 AVE,, MIAMI, FL 33/33 + (305) 445-2339treatment, which under the circumstances would be recognized as acceptable and
appropriate by similar health care providers in similar medical communities.
Notwithstanding the duty undertaken by NANDIGAM and CHARLOTTE MEDICAL, they
did or fail to do any or all of the following acts, any or all of which were departures from
accepted standards of medical care and treatment in Charlotte County, Florida, or any
other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition;

d. Negjligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

58. At all times material hereto, NANDIGAM, was an agent, servant, officer or
employee of CHARLOTTE MEDICAL and was acting within the course and scope of his
employment or agency, therefore, CHARLOTTE MEDICAL is vicariously liable for the
negligence of NANDIGAM, alleged in paragraphs 57(a) through 57(e) of this Complaint.

CLAIMS AGAINST MOOPEN & MOOPEN, P.A.

59. Defendants MOOPEN and MOOPEN, P.A., by and through its officers,

agents, servants and employees, including MOOPEN undertook the duty to provide proper

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 27™ AVE., MIAMI, FL 33/33 + (305) 445-2339care to Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which under
the circumstances would be recognized as acceptable and appropriate by similar health
care providers in similar medical communities. Notwithstanding the duty undertaken by
MOOPEN and MOOPEN, P.A., they did or fail to do any or all of the following acts, any or
all of which were departures from accepted standards of medical care and treatment in
Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

60. At all times material hereto, MOOPEN, was an agent, servant, officer or
employee of MOOPEN, P.A. and was acting within the course and scope of his
employment or agency, therefore, MOOPEN, P.A. is vicariously liable for the negligence
of MOOPEN alleged in paragraphs 59(a) through 59(e) of this Complaint.

CLAIMS OF MAAS & MAAS, P.A.

61. | Defendants MAAS and MAAS, P.A., by and through its officers, agents,

servants and employees, including MAAS undertook the duty to provide proper care to

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277K AVE,, MIAMI, FL 33133 + (305) 445-2339Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which under the
circumstances would be recognized as acceptable and appropriate by similar health care
providers in similar medical communities. Notwithstanding the duty undertaken by MAAS
and MAAS, P.A., they did or fail to do any or all of the following acts, any or all of which
were departures from accepted standards of medical care and treatment in Charlotte
County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

62. At all times material hereto, MAAS, was an agent, servant, officer or
employee of MAAS, P.A. and was acting within the course and scope of his employment
or agency, therefore, MAAS, P.A. is vicariously liable for the negligence of MAAS alleged
in paragraphs 61(a) through 61(e) of this Complaint.

CLAIMS AGAINST KHALIDI & KHALIDI, P.A.

63. Defendants KHALIDI and KHALIDI, P.A., by and through its officers, agents,

servants and employees, including KHALIDI undertook the duty to provide proper care to

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 27™ AVE., MIAMI, FL 33133 + (305) 445-2339Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which under the
circumstances would be recognized as acceptable and appropriate by similar health care
providers in similar medical communities. Notwithstanding the duty undertaken by
KHALIDI and KHALIDI, P.A., they did or fail to do any or all of the following acts, any or all
of which were departures from accepted standards of medical care and treatment in
Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient’s condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

64. At all times material hereto, KHALIDI, was an agent, servant, officer or
employee of KHALIDI, P.A. and was acting within the course and scope of his employment
or agency, therefore, KHALIDI, P.A. is vicariously liable for the negligence of KHALID!
alleged in paragraphs 63(a) through 63(e) of this Complaint.

CLAIMS AGAINST COLUNGA & ST. JOSEPHS

65. Defendants COLUNGA and ST. JOSEPHS, by and through its officers,

agents, servants and employees, including COLUNGA undertook the duty to provide

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277" AVE., MIAMI, FL 33133 - (305) 445-2339proper care to Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which
under the circumstances would be recognized as acceptable and appropriate by similar
health care providers in similar medical communities. Notwithstanding the duty undertaken
by COLUNGA and ST. JOSEPHS, they did or fail to do any or all of the following acts, any
or all of which were departures from accepted standards of medical care and treatment in
Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

66. At all times material hereto, COLUNGA, was an agent, servant, officer or
employee of ST. JOSEPHS and was acting within the course and scope of his employment
or agency, therefore, ST. JOSEPHS is vicariously liable for the negligence of COLUNGA,
alleged in paragraphs 65(a) through 65(e) of this Complaint.

CLAIMS AGAINST MICKELSON & ST. JOSEPHS

67. Defendants MICKELSON and ST. JOSEPHS, by and through its officers,

agents, servants and employees, including MICKELSON undertook the duty to provide

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THOMAS A. CULMO, ®.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 27™ AVE., MIAMI, FL 33/33 + (308) 445-2339Proper care to Plaintiff, MICHAEL SIMON, with the level of skill, care and treatment, which
under the circumstances would be recognized as acceptable and appropriate by similar
health care providers in similar medical communities. Notwithstand ing the duty undertaken
by MICKELSON and ST. JOSEPHS, they did or fail to do any or all of the following acts,
any or all of which were departures from accepted standards of medical care and treatment
in Charlotte County, Florida, or any other similar medical community, to wit:

a. Negligently and carelessly failed to obtain an adequate and complete
history from the patient;

b. Negligently and carelessly failed to order the appropriate diagnostic
tests and studies to determine the patients condition;

c. Negligently and carelessly failed to diagnose the patient's condition;

d. Negligently and carelessly failed to provide appropriate and adequate
treatment to the patient; and,

e. Negligently and carelessly filed to provide timely treatment to the
patient.

68. Atall times material hereto, MICKELSON, was an agent, servant, officer or

employee of ST. JOSEPHS and was acting within the course and scope of his employment
or agency, therefore, ST. JOSEPHS is vicariously liable for the negligence of MICKELSON,

alleged in paragraphs 67(a) through 67(e) of this Complaint.

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THOMAS A. CULMO, P.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277H AVE., MIAMI, FL 33133 + (305) 445-2339LEGAL CAUSATION

69. As a direct and proximate result of the Defendants negligence, as
hereinabove alleged, individually or jointly the decedent MICHAEL SIMON suffered serious
and permanent losses or damages and subsequently died.

CLAIM OF THE ESTATE OF MICHAEL SIMON

70. As a direct and proximate result of the negligence of the Defendants as
hereinabove alleged, decedent MICHAEL SIMON, suffered in the past and his Estate in
the future will continue to suffer the following damages:

a. Loss of earnings from the date of the injury unti! decedent's death,
including interest;

b. Loss of net accumulations; and,

c. Medical and funeral expenses.

WHEREFORE, Plaintiff demands judgment against Defendants for compensatory
damages, court costs, attorney's fees, pre-judgment interest and all other damages this
Court deems just and equitable.

CLAIM OF SALLY SIMON

71. As a direct and proximate result of the negligence of the Defendants, as

hereinabove alleged, Plaintiff, SALLY SIMON, has in the past and will in the future

continue to suffer the following damages:

a. Loss of support and services from the date of injury, with interest:
b. Loss of support and services from the date of death;
c. Loss of companionship and protection; and,

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THOMAS A. CULMO, P.A.. GROVE PROFESSIONAL BUILDING, SUITE 100, 2850 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339d. Mental pain and suffering from the date of the injury.
WHEREFORE, Plaintiff demands judgment against Defendants for compensatory
damages, court costs, attorney's fees, pre-judgment interest and all other damages this
Court deems just and equitable.
CLAIM OF DANIEL SIMON AS SURVIVOR
72. Asa direct and proximate result of the negligence of the Defendants, as
hereinabove alleged, Plaintiff, DANIEL SIMON, has in the past and will in the future
continue to suffer the following damages:
a. Loss of support and services from the date of injury, with interest;
b. Loss of support and services from the date of death:
c. Loss of parental companionship, instruction and guidance: and,
d. Mental pain and suffering from the date of the injury.
WHEREFORE, Plaintiff demands judgment against Defendants for compensatory
damages, court costs, attorney's fees, pre-judgment interest and all other damages this
Court deems just and equitable.
DEMAND FOR JURY TRIAL
Plaintiff demands a trial by jury and all issues so triable as a matter of tight by jury.

DATED: January , 2000,

CERTIFICATE OF PLAINTIFF’S COUNSEL
The undersigned counsel hereby certifies that he has made a reasonable
investigation as permitted by the circumstances that has given rise to a good faith belief
that grounds exist for an action against Defendants, MARK ASPERILLA, M.D., MARK

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THOMAS A. CULMO, F.A., GROVE PROFESSIONAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339ASPERILLA, 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., PRIMARY CARE PHYSICIANS, INC., a Florida
Corporation, THOMAS K. WANZY, M.D., THOMAS K. WANZY, M.D., P.A., a Florida
Corporation, BALA K. NANDIGAM, M.D., CHARLOTTE MEDICAL ASSOCIATES, P.A., a
Florida Corporation, MOIDEN MOOPEN, M.D., MOIDEN MOOPEN, M.D., P.A., a Florida
Corporation, CARLOS E. MAAS, M.D., CARLOS E. MAAS, M.D., P.A., a Florida
Corporation, NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA KHALIDI, M.D., P.A., a
Florida Corporation, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida
Corporation, FRANK COLUNGA, M.D., CHRIS MICKELSON, M.D.

THOMAS A. CULMO, P.A.

Grove Professional Building

2950 S.W. 27" Avenue, Suite 100
Miamy Florida 33

THOMAS A. CULMO
Fla. Bar No. 775479

-and-

DENNIS A. KOLTUN, P.A.
7101 S.W. 102" Avenue
Miami, Florida 33173

DENNIS A. KOLTUN
Florida Bar No. 163040

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THOMAS &. CULMO. F.A., GROVE PROFESSIGNAL BUILDING, SUITE 100, 2950 SOUTHWEST 277 AVE., MIAMI, FL 33133 + (305) 445-2339