No Value: BURG, DEBORAH A vs. WEST FLORIDA PHYSICIANS NETWORK, LLC

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                                Filing # 141700693 E-Filed 01/10/2022 04:42:17 PM



                                                         IN THE CIRCUIT COURTOF THE
                                                         20°! JUDICIAL COURT IN AND FOR
                                                         CHARLOTTE COUNTY, FLORIDA.

                                                         CASE NO.    2020-000616 CA

        DEBORAH COOPER BURG, by and
        Through her Court-appointed Guardian
        RICKY BURG; NICOLE BURG, her
        Daughter; and RICKY BURG, her spouse,

               Plaintiffs,

        Vs.

        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.; NANDINI KIRI;
        HARBOR MEDICAL GROUP, LLC., SOVI JOSEPH, M.D.;
        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.


            DEFENDANTS, 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, IIl’S, EXHIBIT LIST

               Defendants, 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,     IIL, by and through undersigned counsel, and in

        accordance with the Court’s Agreed Case Management Plan dated May 6, 2021,   hereby files their

        Exhibit List, as follows:
Any and all medical records, films, billing records and any other written documents
     from Advanced Imaging of Port Charlotte.

     Any and all medical records, films, billing records and any other written documents
     from Ameripath W Florida.

     Any and all medical records, films, billing records and any other written documents
     from Angel MedFlight.

     Any and all medical records, films, billing records and any other written documents
     from Bernardo Arias, M.D.

     Any and all medical records, films, billing records and any other written documents
     from Bayfront Health Port Charlotte.

     Any and all medical records, films, billing records and any other written documents
     from Bayfront Health Punta Gorda.

     Any and all medical records, films, billing records and any other written documents
     from Charlotte Heart & Vascular Institute.

     Any and all medical records, films, billing records and any other written documents
     from Chelsea Place Home Care.

     Any and all medical records, films, billing records and any other written documents
     from Cleveland Clinic.

10. Any and all medical records, films, billing records and any other written documents
    from Cleveland Clinic Florida.

11   Any and all medical records, films, billing records and any other written documents
     from Ronal Constine, M.D., Advanced Orthopedic Center.

12 Any and all pharmacy records regarding Deborah Burg.

13 Any and all medical records, films, billing records and any other written documents
   from Fawcett Memorial Hospital.

14. Any and all medical records, films, billing records and any other written documents
    from Florida Institute for Neurologic Rehabilitation k/n/a Lakeside Neurologic.

15 Any and all medical records, films, billing records and any other written documents
   from Manuel Gallego, M.D.
16. Any and all medical records, films, billing records and any other written documents
    from Gulf Coast Pulmonary Medicine and Sleep Center.

17 Any and all medical records, films, billing records and any other written documents
   from Gulf Pointe Surgery Center.

18 Any and all documents from Hartford Casualty Insurance Co.

19 Any and all medical records, films, billing records and any other written documents
   from Manesh Kapadia, M.D., Gulf Coast Pulmonary Medicine and Sleep Center.

20. Any and all medical records, films, billing records and any other written documents
     from David Klein, M.D.

21   Any and all medical records, films, billing records, admitting documents, admission
     and administrative records, and any other written documents from Life Care Center of
     Punta Gorda.

22. Any and all employment documents from Life Care Center of Punta Gorda.

23 Any and all medical records, films, billing records and any other written documents
   from Arturo Rodriguez Martin, M.D.

24. Any and all medical records, films, billing records and any other written documents
    from Millenium Home Care.

25 Any and all medical records, films, billing records and any other written documents
   from Millenium Physician Group.

26. Any and all medical records, films, billing records and any other written documents
    from NeuLife Rehabilitation.

27 Any and all medical records, films, billing records and any other written documents
     from Charlene Okomski, M.D.

28 Any and all medical records, films, billing records and any other written documents
     from Dilendre Weerasinghe, MD.

29 Any and all medical records, films, billing records and any other written documents
     from John Rioux, MD.

30. Any and all medical records, films, billing records and any other written documents
     from Sovi Joseph, M.D.
31 Any and all medical records, films, billing records and any other written documents
   from Abigail Utech.

32 Any and all medical records, films, billing records and any other written documents
   from Susan Bruner.

33 Any and all medical records, films, billing records and any other written documents
   from Optum Bariatric Resource Services.

34. Any and all documents from Optum and Optum RX.

35 Any and all medical records, films, billing records and any other written documents
   from Punta Gorda Psychiatric Group.

36. Any and all medical records, films, billing records and any other written documents
    from Select Specialty Hospital of Fort Myers.

37 Any and all medical records, films, billing records and any other written documents
   from Signature Healthcare of Port Charlotte.

38 Any and all employment documents from Solaris Healthcare Charlotte Harbor.

39 Any and all medical records, films, billing records and any other written documents
     from Leslie Tar, M.D., Allergy & Arthritis Treatment Center.

40. Any and all medical records, films, billing records and any other written documents
    from Ultimate Wellness and Physical Therapy.

41   Any and all documents from United Health Care.

42 Any and all medical records, films, billing records and any other written documents
   from Waters Edge Dermatology.

43   Fawcett Memorial Hospital Policies and Procedures.

44   Life Care Center of Punta Gorda’s Policies and Procedures.

45 Life Care Physician Services Policies and Procedures.

46. Employment     Agreement   between   Life Care   Physician    Services, LLC   and Vance
     Maloney, III, M.D. dated 12/19/2011.

47   Amended and Restated Management Agreement between Punta Gorda Medical
     Investors Limited Partnership and Life Care Centers of America, Inc. dated 4/18/2017.
48 Medical Director Agreement between Life Care Center of Punta Gorda and Keith
   Williams, M.D. dated 10/1/2010.

49 Any and all pleadings in this case.

50. Any and all documents marked as deposition exhibits.

51 Any and all answers to any and all interrogatories propounded in this case.

52 Any and all documents produced in response to requests for production.

53   Any and all documents produced at depositions taken in this cause.

54. Any and all documents produced pursuant to subpoenas duces tecum for non-party
    production.

55 Any and all billing records from insurance providers of the Plaintiff, Deborah Cooper
   Burg.

56. Any and all insurance and collateral source payment records.

57 Any and all medical bills relating to any health care providers not listed above for the
     Plaintiff, Deborah Cooper Burg.

58 Any and all employment records of the Plaintiffs.

59. Any and all documents and records pertaining to any prior accidents and/or prior
    litigation involving the Plaintiffs.

60. Blowups and enlargements of any and all exhibits.

61   Any and all medical articles pertaining to the issues in this case.

62 Any and all diagrams, charts, medical illustrations and anatomical models, or other
   visual aids or demonstrative evidence necessary for any expert witness and/or treating
   physicians’ testimony.

63 All Curricula Vitae of expert witnesses.

64. All Curricula Vitae of the Defendants.

65 Any and all demonstrative evidence necessary to Defendants’ expert witness’ opinion.
66. Any impeachment documents relevant to this cause.

       67 Any and all text messages relevant to this cause.

       68 Without waiving any objections thereto, all exhibits specifically listed by the Plaintiffs
           and Co-Defendants.

       69 Blow ups of the Jury Instructions and Jury Verdict Form.

       70. Any and all applicable statutes, ordinances and/or law.

       71 Any impeachment and/or rebuttal exhibits.

       72. Defendants reserve the right to amend their exhibit list upon proper notice to the parties.

       13, Defendants reserve all objections to exhibits listed by all other parties to this cause.



                                CERTIFICATE OF SERVICE

       WE HEREBY CERTIFY that a true and correct copy of the foregoing was e-filed with
the Clerk of Court through the E-Filing Portal on January 10, 2022 and is to be e-served by the
Court Clerk to: ALL COUNSEL          LISTED ON THE ATTACHED                   SERVICE    LIST.

                                               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, IIT
                                               150 S. Pine Island Road, Suite 510
                                               Plantation, FL 33324
                                               Telephone: 954-463-0033 / Fax: 954-463-9562

                                                       /s/ Jay P.     Chimpoulis
                                               By:
                                                     JAY P. CHIMPOULIS, ESQ.
                                                     Florida Bar No: 561533
                                                     JChimpoulis@ChimpoulisHunter.com
                                                     SUSANNE E. RIEDHAMMER,              ESQ.
                                                     Florida Bar No: 159638
                                                     SRiedhammer@ChimpoulisHunter.com
SERVICE LIST

COUNSEL FOR PLAINTIFFS
Edward R. Blumberg, Esq.
Deutsch Blumberg & Caballero, P.A.
100 N Biscayne Boulevard, Suite 2802
Miami, FL 33132
ERB@DeutschBlumberg.com
RMitchell@DeutschBlumberg.com
ccaballero@deutschblumberg.com
hcastillo@deutschblumberg.com
bblumberg@deutschblumberg.com

CO-COUNSEL        FOR PLAINTIFFS
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
2101 Indian River Blvd., Suite 200
Vero Beach, FL 32960
mswan@rosswayswan.com; cdelo@roswayswan.com



Counsel for Defendant, Dr. John Rioux and Gulf Pointe Surgical
Victoria N. Ferrentino, Esq.
Natalie J. Davy, Esq.
Bush, Graziano, Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602-3423
VFerrentino@BGRPlaw.com
NDav     BGRPlaw.com

COUNSEL FOR DEFENDANTS, DR. NANDINI KIRI AND NANDINI KIRI, M.D., P.A.
AND HARBOR MEDICAL GROUP, LLC
Richard B. Mangan, Esq.
Rissman, Barrett, Hurt, Donahue, McLain & Mangan, P.A.
1 N. Dale Mabry Hwy, 11th Floor,
Tampa, FL 33609-2764
Richard.Mangan@Rissman.com
Stephanie. Doyle@Rissman.com

COUNSEL FOR DR. WEERASINGHE
Richard Bowers , Esquire  RBowers@BankerLopez.com
Richard M. Sebek, Esquire RSebek@BankerLopez.com
Banker Lopez Gassler P.A.
501 E. Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Service-rbowers@bankerlopez.com
Service-bscheele@bankerlopez.com
COUNSEL       FOR DR. SOVI JOSEPH
Jeffrey Goodis, Esquire
Brett Gliosca, Esquire
La Cava Jacobson
150 2nd Avenue North, Suite 1500
St. Petersburg, FL 33701
Stp-pleadings@liglegal.com
bgliosca   liglegal.com;
mmorgan@liglegal.com

COUNSEL FOR FAWCETT             MEMORIAL   HOSPITAL & ABIGAIL UTECH   MD
Ronald E. Bush, Esq.
Bush, Graaziano, Rice & Platter PA
100 So. Ahsley Drive, #1400
Tampa, FL    33602
 serve@bgrplaw.com
bconde@bg:    law.com

John Emmanuel, Esquire
Buchanan Ingersoll & Rooney PC
401 E. Jackson Street, Suite 2400
Tampa, FL 33602
John.emmanuel@bipc.com
Sabrina.storno@bipc.com

COUNSEL FOR SUE BRUNER
R. Ryan Rivas, Esq.
Hall Booth Smith, P.C.
2701 N. Rocky Point Drive, Suite 400
Tampa, Florida 33607
Office: 813.329.3880 ext. 4102
Direct: 813.329.3882
rrivas@hallboothsmith.com
NContreras@hallboothsmith.com

COUNSEL FOR CATHY CRISS AND MILLENIUM             PHYSICIAN GROUP, LLC
Ron M. Campbell, Esq.
Daniel C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
27300 Riverview Center Blvd., Suite 200
Bonita Springs, FL 34134
Telephone:    (239)690-7924
Telefax:      (239)738-7778
Ron.campbell: csklegal.com
Daniel.calvert@csklegal.com
Krystal.perez@csklegal.com
Daniela.perez@csklegal.com