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

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                                Filing # 121919404 E-Filed 02/23/2021 02:54:11 PM



                 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
                      IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA


        DEBORAH      COOPER          BURG, by and through
        her Court- appointed Guardian, RICKY BURG;
        NICOLE     BURG,     her daughter;    and RICKY
        BURG, her spouse,

                        Plaintiff,

        vs.


        WEST FLORIDA PHYSICIAN NETWORK,
        LLC; DILENDRA WEERASINGHE; JOHN
        RIOUX;      FAWCETT          MEMORIAL                        CASE NO.: 20200616CA.
        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.
                                                            /

                  DEFENDANT, FAWCETT MEMORIAL HOPSITAL’S AMENDED
              RESPONSES TO PLAINTIFFS’ SUPPLEMENTAL REQUEST TO PRODUCE

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

        HOSPITAL,     by and through the undersigned, pursuant to Rule       1.350, Florida Rules of Civil

        Procedure, propound its Amended          Response to Plaintiffs Supplemental Request to Produce

        bearing certificate of service dated October 6, 2020.

                                            CERTIFICATE         OF SERVICE

                I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
         furnished by electronic mail delivery on this 23rd day of February, 2021 to:


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Edward    R.   Blumberg,   Esquire,   Deutsch     Blumberg    &      Caballero,            PA,
ERB@DeutschBlumberg.com, rmitchellDeutschblumberg.com, Counsel for Claimants

Victoria N. Ferrentino, Esquire, Bush Graziano Rice & Platter, P.A., 100 S. Ashley Drive, Suite
1400, Tampa, FL 33602. vferrentino@bqrplaw.com, Counsel for John Rioux, MD            and West
Florida Physician Network, LLC d/b/a Gulf Pointe Surgical Specialists

Ralph L. Marchbank, Dickinson & Gibbons, P.A., 401 N. Cattlemen Road, Suite 300, Sarasota,
FL 34232, RMarchbank@dglawyers.com, lgordon@dglawyers.com, JGadoury@dglawyers.com,
Counsel for Domingo E. Galliano, Jr., M-D., Domingo E. Galliano, Jr., P.A.

Richard Mangan, Esquire, Kelsey Campbell, Esquire, Rissman Barrett Hurt Donahue McLain &
Mangan,     1  N      Dale   Mabry     Highway,    Suite   1100, Tampa,       FL   33609,
Stephanie.Doyle@rissman.com, Counsel for Nandini Kiri, M.D., Nandini Kiri, M.D., P.A.

Douglas B. Lumpkin, Esquire, Wicker Smith, 1819 Main Street, Suite 910, Sarasota, FL 34235,
DLumpkin@wickersmith.com, JStJohn@wickersmith.com, Counsel for Ahsan Kamal, M.D.,
Ahsan Kamal, M.D., P.A. and Harbor Medical Group

Susanne E. Riedhammer, Esquire, Chimpoulis & Hunter, P.A., 159 South Pine Island Road, Suite
510, Plantation, FL 33324, sriedhammer@chimpoulishunter.com, Counsel for Vance Maloney,
Ill, M.D. and Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda

Richard Bowers, Esquire, Banker Lopez Gassler P.A., 501 East Kennedy Blvd, Suite 1700, Tampa,
FL 33602, service-rbowers@bankerlopez.com, Counsel for Dilendra Weerasinghe, M.D.

Jeff Goodis, Esquire, La Cava Jacobson & Goodis, 150 2"' Avenue North, 15" Floor, St.
Petersburg, FL 33701, jgoodis@lacavajacobson.com, Counsel for Sovi Joseph, M.D. and Sovi
Joseph, M.D., P.A.



                                            /s/ Frances G. Prockop
                                            Frances G. Prockop, Esq.
                                            Florida Bar No.: 727296
                                            Bush Graziano Rice & Platter, P.A.
                                            100 South Ashley Drive, Suite 1400
                                            Tampa, FL 33602
                                            Phone: (813) 228-7000 — Fax: (813) 273-0091
                                            Attorney for Defendants, Fawcett Memorial
                                            Hospital and Abigail Utech
                                            Primary: eserve@bgrplaw.com
                                            Secondary: Iplyushko@berplaw.com




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PLAINTIFF’S SUPPLEMENTAL REQUEST FOR PRODUCTION TO DEFENDANT.
                  FAWCETT MEMORIAL HOSPITAL

 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 materials 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 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 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
             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


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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.

ANSWER:      Objection:   This request is overbroad,     unduly burdensome,     harassive,
not reasonably limited in time or scope, and not reasonably calculated to lead to the
discovery of admissible evidence. Specifically, the “otherwise” is overbroad and
ambiguous. The Hospital further objects to this request to the extent it seeks records
that are protected from discovery or introduction into evidence in any civil or
administrative action under Florida Statutes §§ 395.0191(8), 395.0193(8), 395.0197,
and 766.101(5).
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.R. 3.10 et seq. (hereinafter collectively “PSQIA”).

Subject to and as limited by the foregoing objections, see attached responses to 1(a)
and 1(f).

All-time records, electronic and hard copy, from January 1, 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).

ANSWER: Objection: Overbroad, unduly burdensome, not reasonably limited in
scope and not reasonably calculated to lead to the discovery of admissible evidence.

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

                                   Page 4 of 6
FAWCETT MEMORIAL HOSPITAL to provide food and nutrition meals and products to
   DEBORAH COOPER BURG.

   ANSWER:     See medical records.

   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.

   ANSWER:     See medical records.

   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.

   ANSWER:     See medical records.

   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.

   ANSWER:     See medical records.

   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.

   ANSWER:     None.

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

   ANSWER:     None.

   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".

   ANSWER:     This information has been previously provided.

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.

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ANSWER:     None as described.

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 BI/Thiamine.

   ANSWER: Had Mrs. Burg attended all of the support groups, the attached would
   have been ayailable to her.

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

   ANSWER: See attached. Also please see the PowerPoint education lecture given by
   Dr. Weerasinghe. Additionally, please see the patient’s medical records.




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