Preview
Filing # 119246211 E-Filed 01/07/2021 03:33:12 PM
IN THE CIRCUIT COURT OF THE 20th 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,
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, M.D.;
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, Ill,
Defendants,
oe . a ne seinen /
DEFENDANTS’, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.: AND ARTURO
RODRIGUEZ-MARTIN, M.D., ANSWER AND AFFIRMATIVE DEFENSES
TO PLAINTIFFS’ FIRST AMENDED COMPLAINT
Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L. and ARTURO
RODRIGUEZ-MARTIN, M.D., file their Answer and Affirmative Defenses to Plaintiffs’
Complaint for Damages and assert Affirmative Defenses as follows:
COUNT I
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT WEST
FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE
CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX
1-14, The allegations contained in Count I of Plaintiffs’ First Amended Complaint is not
directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO
RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count I could
be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT Hi
CLAIM OF NICOLE BURG AGAINST DEFENDANT WEST FLORIDA PHYSICIAN
NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA
WEERASINGHE AND JOHN RIOUX
15-27. The allegations contained in Count I] of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count II could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M._D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT I
CLAIM OF RICKY BURG AGAINST DEFENDANT WEST FLORIDA PHYSICIAN
NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA
WEERASINGHE AND JOHN RIOUX
28 — 40. The allegations contained in Count Ill of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count II could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT IV
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
DILENDRA WEERASINGHE
41-53. The allegations contained in Count IV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count IV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_LD., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
COUNT V
CLAIM OF NICOLE BURG AGAINST DEFENDANT DILENDRA WEERASINGHE
54-65. The allegations contained in Count V of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count V could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT VI
CLAIM OF RICKY BURG AGAINST DEFENDANT DILENDRA WEERASINGHE
66-77. The allegations contained in Count VI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count VI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT VII
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT JOHN RIOUX
78-90. The allegations contained in Count VII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count VII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT VHT
CLAIM OF NICOLE BURG AGAINST DEFENDANT JOHN RIOUX
91 — 102. The allegations contained in Count VIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count VIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
COUNT IX
CLAIM OF RICKY BURG AGAINST DEFENDANT JOHN RIOUX
103 - 114. The allegations contained in Count IX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count IX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M._D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT X
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL
115
- 127. The allegations contained in Count X of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count X could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XI
CLAIM OF NICOLE BURG AGAINST DEFENDANT FAWCETT MEMORIAL
HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL
128 - 139. The allegations contained in Count XI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XII
CLAIM OF RICKY BURG AGAINST DEFENDANT FAWCETT MEMORIAL
HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL
140 - 151. The allegations contained in Count XII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XIII
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT SUSAN BRUNER
152 - 164. The allegations contained in Count XIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L, and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XIV
CLAIM OF NICOLE BURG AGAINST DEFENDANT SUSAN BRUNER
165 - 176. The allegations contained in Count XIV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XV
CLAIM OF RICKY BURG AGAINST DEFENDANT SUSAN BRUNER
177
- 188. The allegations contained in Count XV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XVI
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST.
DEFENDANT ABIGAIL UTECH
189
- 201. The allegations contained in Count XVI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XVI
CLAIM OF NICOLE BURG AGAINST DEFENDANT ABIGAIL UTECH
202
- 213. The allegations contained in Count XVII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.LD.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, MLD., then all said allegations are denied.
COUNT XVII
CLAIM OF RICKY BURG AGAINST DEFENDANT ABIGAIL UTECH
214 - 225. The allegations contained in Count XVIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XVIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XIX
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
NANDINIKIRI, M.D., P.A, AS TO ITS LIABILITY FOR THE CONDUCT
OF NANDINI KIRI, M.D.
226 - 239. The allegations contained in Count XIX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XX
CLAIM OF NICOLE BURG AGAINST DEFENDANT NANDINI KIRI, M.D., P.A. AS
TOITS LIABILITY FOR THE CONDUCT OF NANDINI KIRI, M.D,
240 - 252. The allegations contained in Count XX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXI
CLAIM OF RICKY BURG AGAINST DEFENDANT NANDINI KIRI, M.D., P.A, AS TO
ITS LIABILITY FOR THE CONDUCT OF NANDINI KIRI, M.D.
253 - 265. The allegations contained in Count XXI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXil
CLAIM. EHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT.
NANDINI KIRI, M.D,
266 - 278. The allegations contained in Count XXII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXIII
CLAIM OF NICOLE BURG AGAINST DEFENDANT NANDINI KIRI, M.D.
279 - 290. The allegations contained in Count XXIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
COUNT XXIV
CLAIM OF RICKY BURG AGAINST DEFENDANT NANDINI KIRI
291 - 302. The allegations contained in Count XXIV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXV
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
HARBOR MEDICAL GROUP, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF
AHSAN KAMAL
303 - 316. The allegations contained in Count XXV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXVI
CLAIM OF NICOLE BURG AGAINST DEFENDANT HARBOR MEDICAL GROUP,
LLC AS TO ITS LIABILITY FOR THE CONDUCT OF AHSAN KAMAL
317
- 329. The allegations contained in Count XXVI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXVII
CLAIM OF RICKY BURG AGAINST DEFENDANT HARBOR MEDICAL GROUP,
LLC AS TO ITS LIABILITY FOR THE CONDUCT OF AHSAN KAMAL
330 - 342. The allegations contained in Count XXVII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_.D., then all said allegations are denied.
10
COUNT XXVIII
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST.
DEFENDANT AHSAN KAMAL
343 - 355. The allegations contained in Count XXVIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXVIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXIX
CLAIM OF NICOLE BURG AGAINST DEFENDANT AHSAN KAMAL
356 - 367. The allegations contained in Count XXIX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXX
CLAIM OF RICKY BURG AGAINST DEFENDANT AHSAN KAMAL
368 - 379. The allegations contained in Count XXX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
11
COUNT XXxI
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT SOVI
JOSEPH, M.D., P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF SOVI JOSEPH
380 - 393. The allegations contained in Count XXXI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXXII
CLAIM OF NICOLE BURG AGAINST DEFENDANT SOVI JOSEPH, M.D., P.A. AS TO
ITS LIABILITY FOR THE CONDUCT OF SOVI JOSEPH
394 — 406. The allegations contained in Count XXXII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M._D., then all said allegations are denied.
COUNT XXXII
CLAIM OF RICKY BURG AGAINST DEFENDANT SOVI JOSEPH, M.D., P.A, AS TO
ITS LIABILITY FOR THE CONDUCT OF SOVI JOSEPH
407 - 419. The allegations contained in Count XXXIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
12
COUNT XXXIV
CLAL ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT SOVI JOSEPH
420 - 432. The allegations contained in Count XXXIV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXXV
CLAIM OF NICOLE BURG AGAINST DEFENDANT SOVI JOSEPH
433 - 444. The allegations contained in Count XXXV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXXVI
CLAIM OF RICKY BURG AGAINST DEFENDANT SOVI JOSEPH
445 - 456. The allegations contained in Count XXXVI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
13
COUNT XXXVI
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
DOMINGO E. GALLIANO, JR.. P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF
DOMINGO GALLIANO, JR. AND CHRISTOPHER FINLEY
457 - 470 The allegations contained in Count XXXVII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN,
M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXXVI
CLAIM OF NICOLE BURG AGAINST DEFENDANT DOMINGO E. GALLIANO, JR..
P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF DOMINGO GALLIANO, JR.
AND CHRISTOPHER FINLEY
471 - 483. The allegations contained in Count XXXVIUI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN,
M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XXXIX
CLAIM OF RICKY BURG AGAINST DEFENDANT DOMINGO E. GALLIANO, JR.,
P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF DOMINGO GALLIANO, JR.
AND CHRISTOPHER FINLEY
484 -496. The allegations contained in Count XXXIX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XXXIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
14
COUNT XL
CLAD ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT DOMINGO GALLIANO, JR.
497 - 509. The allegations contained in Count XL of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XL could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XLI
CLAIM OF NICOLE BURG AGAINST DEFENDANT DOMINGO GALLIANO, JR.
510-521. The allegations contained in Count XLI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XLI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, MLD.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XLIt
CLAIM OF RICKY BURG AGAINST DEFENDANT DO GO GALLIANO, JR.
522 - 533. The allegations contained in Count XLII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XLII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT XLUT
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D., P.L. FOR THE CONDUCT OF
ARTURO RODRIGUEZ-MARTIN, MLD.
534. Denied.
15
535 Without knowledge; therefore, denied.
536, Without knowledge; therefore, denied
537, Denied.
538 Denied.
539 Admitted.
540, Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor
practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez-
Martin, M.D. held himself out as an expert medical doctor who treats patients before and after
bariatric surgery such as Plaintiff, Deborah Copper Burg.
541. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was
contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D.
was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo
Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are
denied.
542. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D.
in 2019; otherwise, these allegations are denied.
543 Denied.
544 Denied.
545 Denied.
546, Denied,
547 Denied.
16
COUNT XLIV
CLAIM OF NICOLE BURG AGAINST DEFENDANT ARTURO RODRIGUEZ-
MARTIN, M.D., P.L. FOR THE CONDUCT OF ARTURO RODRIGUEZ-MARTIN, M.D.
548, Denied.
549 Without knowledge; therefore, denied.
550. Denied.
551 Denied.
552 Admitted.
553 Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor
practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez-
Martin, M.D. held himself out as an expert medical doctor who treats patients before and after
bariatric surgery such as Plaintiff, Deborah Copper Burg.
554, Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was
contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D.
was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo
Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are
denied.
555. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D.
in 2019; otherwise, these allegations are denied.
556 Denied.
557 Denied.
558. Denied
559, Denied.
560. Denied.
17
COUNT XLV
CLAIM OF RICKY BURG AGAINST DEFENDANT ARTURO RODRIGUEZ-MARTIN,
M.LD.. P.L. FOR THE CONDUCT OF ARTURO RODRIGUEZ-MARTIN, M.D.
561 Denied.
562, Without knowledge; therefore, denied.
563 Denied.
564 Denied.
565 Admitted.
566, Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor
practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez-
Martin, M.D. held himself out as an expert medical doctor who treats patients before and after
bariatric surgery such as Plaintiff, Deborah Copper Burg.
567. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was
contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D.
was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo
Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are
denied.
568. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D.
in 2019; otherwise, these allegations are denied.
569. Denied.
570. Denied.
S71 Denied.
572. Denied.
573 Denied.
18
COUNT XLVI
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D.
574. Denied.
575 Without knowledge; therefore, denied.
576. Without knowledge, therefore denied
577, Denied.
578. Denied.
379, Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor
practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez-
Martin, M.D. held himself out as an expert medical doctor who treats patients before and after
bariatric surgery such as Plaintiff, Deborah Copper Burg.
580. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was
contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D.
was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo
Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are
denied.
381. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D.
in 2019; otherwise, these allegations are denied.
582. Denied
583. Denied
584, Denied
585, Denied.
586 Denied.
19
COUNT XLVIL
CLAIM OF NICOLE BURG AGAINST
DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D.
587 Denied.
588, Without knowledge; therefore, denied.
589. Denied.
590. Denied.
591 Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor
practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez-
Martin, M.D. held himself out as an expert medical doctor who treats patients before and after
bariatric surgery such as Plaintiff, Deborah Copper Burg.
592. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was
contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D.
was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo
Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are
denied.
593. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D.
in 2019; otherwise, these allegations are denied.
594, Denied.
595 Denied.
596, Denied.
597. Denied.
598 Denied.
20
COUNT XLVI
CLAIM OF RICKY BURG AGAINST.
DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D.
599. Denied.
600. Without knowledge; therefore, denied.
601 Denied.
602 Denied.
603 Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor
practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez-
Martin, M.D. held himself out as an expert medical doctor who treats patients before and after
bariatric surgery such as Plaintiff, Deborah Copper Burg.
604. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was
contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D.
was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo
Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are
denied.
605. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D.
in 2019; otherwise, these allegations are denied.
606, Denied.
607. Denied.
608 Denied.
609. Denied.
610. Denied
21
COUNT XLIX
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
MILLENNIUM PHYSICIAN GROUP. LLC d/b/a MILLENNIUM PHYSICIAN GROUP
AS TO ITS LIABILITY FOR THE CONDUCT OF CATHY CRISS
611 - 624. The allegations contained in Count XLIX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count XLIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT L
CLAIM OF NICOLE BURG AGAINST DEFENDANT MILLENNIUM PHYSICIAN
GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP AS TO ITS LIABILITY FOR
THE CONDUCT OF CATHY CRISS
625 - 637. The allegations contained in Count L of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count L could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LI
CLAIM OF RICKY BURG AGAINST DEFENDANT MILLENNIUM PHYSICIAN
GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP AS TO ITS LIABILITY FOR
THE CONDUCT OF CATHY CRISS
638 - 650. The allegations contained in Count LI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
22
COUNT LU
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT CATHY CRISS
651 - 663. The allegations contained in Count LII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT Lill
CLAIM OF NICOLE BURG AGAINST DEFENDANT CATHY CRISS
664 - 675. The allegations contained in Count LIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LIV
CLAIM OF RICKY BURG AGAINST DEFENDANT CATHY CRISS
676 - 687. The allegations contained in Count LIV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
23
COUNT LV
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT LIFE
CARE CENTERS OF AMERICA, INC, PURSUANT TO
FLORIDA STATUTE CHAPTER 400
688 - 700. The allegations contained in Count LV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LVI
CLAIM OF NICOLE BURG AGAINST DEFENDANT LIFE CARE CENTERS OF
AMERICA, INC. PURSUANT TO FLORIDA STATUTE CHAPTER 400
701 - 712. The allegations contained in Count LVI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LVI
CLAIM OF RICKY BURG AGAINST DEFENDANT LIFE CARE CENTERS OF
AMERICA, INC, PURSUANT TO FLORIDA STATUTE CHAPTER 400
713
- 724. The allegations contained in Count LVII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
24
COUNT LVUL
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT
PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA
GORDA PURSUANT TO FLORIDA STATUTE CHAPTER 400
725 - 737. The allegations contained in Count LVII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LVIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LIX
CLAIM OF NICOLE BURG AGAINST DEFENDANT PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA PURSUANT TO
FLORIDA STATUTE CHAPTER 400
738 - 749. The allegations contained in Count LIX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LX
CLAIM OF RICKY BURG AGAINST DEFENDANT PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA PURSUANT TO
FLORIDA STATUTE CHAPTER 400
750 - 761. The allegations contained in Count LX of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L.
and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
25
COUNT LXT
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT LIFE
CARE PHYSICIAN SERVICES, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF
VANCE MALONEY, IT
762 - 775. The allegations contained in Count LXI of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LXI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LX
CLAIM OF NICOLE BURG AGAINST DEFENDANT LIFE CARE PHYSICIAN
SERVICES, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF
VANCE MALONEY, Hl
776 - 788. The allegations contained in Count LXII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LXII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then ail said allegations are denied.
COUNT LXUI
CLAIM OF RICKY BURG AGAINST DEFENDANT LIFE CARE PHYSICIAN
SERVICES, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF
VANCE MALONEY, HT
789
— 801. The allegations contained in Count LXIII of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LXIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
26
COUNT LXIV
CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST
DEFENDANT VANCE MALONEY, It
802 - 814. The allegations contained in Count LXIV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LXIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied.
COUNT LXV
CLAIM OF NICOLE BURG AGAINST DEFENDANT VANCE MALONEY, Il
815 - 826. The allegations contained in Count LXV of Plaintiffs’ First Amended
Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or
ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in
Count LXV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D.,
P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied.
COUNT LXVI
CLAIM OF RICKY BURG AGAIN
Preview
Filing # 119246211 E-Filed 01/07/2021 03:33:12 PM IN THE CIRCUIT COURT OF THE 20th 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, 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, M.D.; 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, Ill, Defendants, oe . a ne seinen / DEFENDANTS’, ARTURO RODRIGUEZ-MARTIN, M.D., P.L.: AND ARTURO RODRIGUEZ-MARTIN, M.D., ANSWER AND AFFIRMATIVE DEFENSES TO PLAINTIFFS’ FIRST AMENDED COMPLAINT Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L. and ARTURO RODRIGUEZ-MARTIN, M.D., file their Answer and Affirmative Defenses to Plaintiffs’ Complaint for Damages and assert Affirmative Defenses as follows: COUNT I CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX 1-14, The allegations contained in Count I of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count I could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT Hi CLAIM OF NICOLE BURG AGAINST DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX 15-27. The allegations contained in Count I] of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count II could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M._D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT I CLAIM OF RICKY BURG AGAINST DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX 28 — 40. The allegations contained in Count Ill of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count II could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT IV CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT DILENDRA WEERASINGHE 41-53. The allegations contained in Count IV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count IV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_LD., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. COUNT V CLAIM OF NICOLE BURG AGAINST DEFENDANT DILENDRA WEERASINGHE 54-65. The allegations contained in Count V of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count V could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT VI CLAIM OF RICKY BURG AGAINST DEFENDANT DILENDRA WEERASINGHE 66-77. The allegations contained in Count VI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count VI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT VII CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT JOHN RIOUX 78-90. The allegations contained in Count VII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count VII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT VHT CLAIM OF NICOLE BURG AGAINST DEFENDANT JOHN RIOUX 91 — 102. The allegations contained in Count VIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count VIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. COUNT IX CLAIM OF RICKY BURG AGAINST DEFENDANT JOHN RIOUX 103 - 114. The allegations contained in Count IX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count IX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M._D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT X CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL 115 - 127. The allegations contained in Count X of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count X could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XI CLAIM OF NICOLE BURG AGAINST DEFENDANT FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL 128 - 139. The allegations contained in Count XI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XII CLAIM OF RICKY BURG AGAINST DEFENDANT FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL 140 - 151. The allegations contained in Count XII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XIII CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT SUSAN BRUNER 152 - 164. The allegations contained in Count XIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L, and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XIV CLAIM OF NICOLE BURG AGAINST DEFENDANT SUSAN BRUNER 165 - 176. The allegations contained in Count XIV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XV CLAIM OF RICKY BURG AGAINST DEFENDANT SUSAN BRUNER 177 - 188. The allegations contained in Count XV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XVI CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST. DEFENDANT ABIGAIL UTECH 189 - 201. The allegations contained in Count XVI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XVI CLAIM OF NICOLE BURG AGAINST DEFENDANT ABIGAIL UTECH 202 - 213. The allegations contained in Count XVII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.LD., P.L. and/or ARTURO RODRIGUEZ-MARTIN, MLD., then all said allegations are denied. COUNT XVII CLAIM OF RICKY BURG AGAINST DEFENDANT ABIGAIL UTECH 214 - 225. The allegations contained in Count XVIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XVIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XIX CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT NANDINIKIRI, M.D., P.A, AS TO ITS LIABILITY FOR THE CONDUCT OF NANDINI KIRI, M.D. 226 - 239. The allegations contained in Count XIX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XX CLAIM OF NICOLE BURG AGAINST DEFENDANT NANDINI KIRI, M.D., P.A. AS TOITS LIABILITY FOR THE CONDUCT OF NANDINI KIRI, M.D, 240 - 252. The allegations contained in Count XX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXI CLAIM OF RICKY BURG AGAINST DEFENDANT NANDINI KIRI, M.D., P.A, AS TO ITS LIABILITY FOR THE CONDUCT OF NANDINI KIRI, M.D. 253 - 265. The allegations contained in Count XXI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXil CLAIM. EHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT. NANDINI KIRI, M.D, 266 - 278. The allegations contained in Count XXII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXIII CLAIM OF NICOLE BURG AGAINST DEFENDANT NANDINI KIRI, M.D. 279 - 290. The allegations contained in Count XXIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. COUNT XXIV CLAIM OF RICKY BURG AGAINST DEFENDANT NANDINI KIRI 291 - 302. The allegations contained in Count XXIV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXV CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT HARBOR MEDICAL GROUP, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF AHSAN KAMAL 303 - 316. The allegations contained in Count XXV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXVI CLAIM OF NICOLE BURG AGAINST DEFENDANT HARBOR MEDICAL GROUP, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF AHSAN KAMAL 317 - 329. The allegations contained in Count XXVI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXVII CLAIM OF RICKY BURG AGAINST DEFENDANT HARBOR MEDICAL GROUP, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF AHSAN KAMAL 330 - 342. The allegations contained in Count XXVII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_.D., then all said allegations are denied. 10 COUNT XXVIII CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST. DEFENDANT AHSAN KAMAL 343 - 355. The allegations contained in Count XXVIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXVIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXIX CLAIM OF NICOLE BURG AGAINST DEFENDANT AHSAN KAMAL 356 - 367. The allegations contained in Count XXIX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXX CLAIM OF RICKY BURG AGAINST DEFENDANT AHSAN KAMAL 368 - 379. The allegations contained in Count XXX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. 11 COUNT XXxI CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT SOVI JOSEPH, M.D., P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF SOVI JOSEPH 380 - 393. The allegations contained in Count XXXI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXXII CLAIM OF NICOLE BURG AGAINST DEFENDANT SOVI JOSEPH, M.D., P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF SOVI JOSEPH 394 — 406. The allegations contained in Count XXXII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M._D., then all said allegations are denied. COUNT XXXII CLAIM OF RICKY BURG AGAINST DEFENDANT SOVI JOSEPH, M.D., P.A, AS TO ITS LIABILITY FOR THE CONDUCT OF SOVI JOSEPH 407 - 419. The allegations contained in Count XXXIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. 12 COUNT XXXIV CLAL ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT SOVI JOSEPH 420 - 432. The allegations contained in Count XXXIV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXXV CLAIM OF NICOLE BURG AGAINST DEFENDANT SOVI JOSEPH 433 - 444. The allegations contained in Count XXXV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXXVI CLAIM OF RICKY BURG AGAINST DEFENDANT SOVI JOSEPH 445 - 456. The allegations contained in Count XXXVI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. 13 COUNT XXXVI CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT DOMINGO E. GALLIANO, JR.. P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF DOMINGO GALLIANO, JR. AND CHRISTOPHER FINLEY 457 - 470 The allegations contained in Count XXXVII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXXVI CLAIM OF NICOLE BURG AGAINST DEFENDANT DOMINGO E. GALLIANO, JR.. P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF DOMINGO GALLIANO, JR. AND CHRISTOPHER FINLEY 471 - 483. The allegations contained in Count XXXVIUI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XXXIX CLAIM OF RICKY BURG AGAINST DEFENDANT DOMINGO E. GALLIANO, JR., P.A. AS TO ITS LIABILITY FOR THE CONDUCT OF DOMINGO GALLIANO, JR. AND CHRISTOPHER FINLEY 484 -496. The allegations contained in Count XXXIX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XXXIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. 14 COUNT XL CLAD ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT DOMINGO GALLIANO, JR. 497 - 509. The allegations contained in Count XL of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XL could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XLI CLAIM OF NICOLE BURG AGAINST DEFENDANT DOMINGO GALLIANO, JR. 510-521. The allegations contained in Count XLI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XLI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, MLD., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XLIt CLAIM OF RICKY BURG AGAINST DEFENDANT DO GO GALLIANO, JR. 522 - 533. The allegations contained in Count XLII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XLII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT XLUT CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D., P.L. FOR THE CONDUCT OF ARTURO RODRIGUEZ-MARTIN, MLD. 534. Denied. 15 535 Without knowledge; therefore, denied. 536, Without knowledge; therefore, denied 537, Denied. 538 Denied. 539 Admitted. 540, Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez- Martin, M.D. held himself out as an expert medical doctor who treats patients before and after bariatric surgery such as Plaintiff, Deborah Copper Burg. 541. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D. was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are denied. 542. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D. in 2019; otherwise, these allegations are denied. 543 Denied. 544 Denied. 545 Denied. 546, Denied, 547 Denied. 16 COUNT XLIV CLAIM OF NICOLE BURG AGAINST DEFENDANT ARTURO RODRIGUEZ- MARTIN, M.D., P.L. FOR THE CONDUCT OF ARTURO RODRIGUEZ-MARTIN, M.D. 548, Denied. 549 Without knowledge; therefore, denied. 550. Denied. 551 Denied. 552 Admitted. 553 Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez- Martin, M.D. held himself out as an expert medical doctor who treats patients before and after bariatric surgery such as Plaintiff, Deborah Copper Burg. 554, Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D. was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are denied. 555. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D. in 2019; otherwise, these allegations are denied. 556 Denied. 557 Denied. 558. Denied 559, Denied. 560. Denied. 17 COUNT XLV CLAIM OF RICKY BURG AGAINST DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.LD.. P.L. FOR THE CONDUCT OF ARTURO RODRIGUEZ-MARTIN, M.D. 561 Denied. 562, Without knowledge; therefore, denied. 563 Denied. 564 Denied. 565 Admitted. 566, Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez- Martin, M.D. held himself out as an expert medical doctor who treats patients before and after bariatric surgery such as Plaintiff, Deborah Copper Burg. 567. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D. was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are denied. 568. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D. in 2019; otherwise, these allegations are denied. 569. Denied. 570. Denied. S71 Denied. 572. Denied. 573 Denied. 18 COUNT XLVI CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D. 574. Denied. 575 Without knowledge; therefore, denied. 576. Without knowledge, therefore denied 577, Denied. 578. Denied. 379, Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez- Martin, M.D. held himself out as an expert medical doctor who treats patients before and after bariatric surgery such as Plaintiff, Deborah Copper Burg. 580. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D. was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are denied. 381. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D. in 2019; otherwise, these allegations are denied. 582. Denied 583. Denied 584, Denied 585, Denied. 586 Denied. 19 COUNT XLVIL CLAIM OF NICOLE BURG AGAINST DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D. 587 Denied. 588, Without knowledge; therefore, denied. 589. Denied. 590. Denied. 591 Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez- Martin, M.D. held himself out as an expert medical doctor who treats patients before and after bariatric surgery such as Plaintiff, Deborah Copper Burg. 592. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D. was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are denied. 593. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D. in 2019; otherwise, these allegations are denied. 594, Denied. 595 Denied. 596, Denied. 597. Denied. 598 Denied. 20 COUNT XLVI CLAIM OF RICKY BURG AGAINST. DEFENDANT ARTURO RODRIGUEZ-MARTIN, M.D. 599. Denied. 600. Without knowledge; therefore, denied. 601 Denied. 602 Denied. 603 Admitted that Arturo Rodriguez-Martin, M.D. was a licensed medical doctor practicing medicine in Florida as a resident of Florida. Denied that Defendant, Arturo Rodriguez- Martin, M.D. held himself out as an expert medical doctor who treats patients before and after bariatric surgery such as Plaintiff, Deborah Copper Burg. 604. Deborah Burg informed Arturo Rodriguez-Martin, M.D. that she was contemplating bariatric surgery. Following the bariatric surgery, Arturo Rodriguez-Martin, M.D. was asked to evaluate Deborah Burg on July 1, 2019, at which time she informed Arturo Rodriguez-Martin, M.D. that she had undergone bariatric surgery; otherwise, these allegations are denied. 605. Admitted that Deborah Burg is and was a patient of Arturo rodriguez-Martin, M.D. in 2019; otherwise, these allegations are denied. 606, Denied. 607. Denied. 608 Denied. 609. Denied. 610. Denied 21 COUNT XLIX CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT MILLENNIUM PHYSICIAN GROUP. LLC d/b/a MILLENNIUM PHYSICIAN GROUP AS TO ITS LIABILITY FOR THE CONDUCT OF CATHY CRISS 611 - 624. The allegations contained in Count XLIX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count XLIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT L CLAIM OF NICOLE BURG AGAINST DEFENDANT MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP AS TO ITS LIABILITY FOR THE CONDUCT OF CATHY CRISS 625 - 637. The allegations contained in Count L of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count L could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LI CLAIM OF RICKY BURG AGAINST DEFENDANT MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP AS TO ITS LIABILITY FOR THE CONDUCT OF CATHY CRISS 638 - 650. The allegations contained in Count LI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. 22 COUNT LU CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT CATHY CRISS 651 - 663. The allegations contained in Count LII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT Lill CLAIM OF NICOLE BURG AGAINST DEFENDANT CATHY CRISS 664 - 675. The allegations contained in Count LIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LIV CLAIM OF RICKY BURG AGAINST DEFENDANT CATHY CRISS 676 - 687. The allegations contained in Count LIV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. 23 COUNT LV CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT LIFE CARE CENTERS OF AMERICA, INC, PURSUANT TO FLORIDA STATUTE CHAPTER 400 688 - 700. The allegations contained in Count LV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LVI CLAIM OF NICOLE BURG AGAINST DEFENDANT LIFE CARE CENTERS OF AMERICA, INC. PURSUANT TO FLORIDA STATUTE CHAPTER 400 701 - 712. The allegations contained in Count LVI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LVI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LVI CLAIM OF RICKY BURG AGAINST DEFENDANT LIFE CARE CENTERS OF AMERICA, INC, PURSUANT TO FLORIDA STATUTE CHAPTER 400 713 - 724. The allegations contained in Count LVII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LVII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. 24 COUNT LVUL CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA PURSUANT TO FLORIDA STATUTE CHAPTER 400 725 - 737. The allegations contained in Count LVII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LVIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LIX CLAIM OF NICOLE BURG AGAINST DEFENDANT PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA PURSUANT TO FLORIDA STATUTE CHAPTER 400 738 - 749. The allegations contained in Count LIX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LIX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LX CLAIM OF RICKY BURG AGAINST DEFENDANT PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA PURSUANT TO FLORIDA STATUTE CHAPTER 400 750 - 761. The allegations contained in Count LX of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LX could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. 25 COUNT LXT CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT LIFE CARE PHYSICIAN SERVICES, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF VANCE MALONEY, IT 762 - 775. The allegations contained in Count LXI of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LXI could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LX CLAIM OF NICOLE BURG AGAINST DEFENDANT LIFE CARE PHYSICIAN SERVICES, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF VANCE MALONEY, Hl 776 - 788. The allegations contained in Count LXII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LXII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then ail said allegations are denied. COUNT LXUI CLAIM OF RICKY BURG AGAINST DEFENDANT LIFE CARE PHYSICIAN SERVICES, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF VANCE MALONEY, HT 789 — 801. The allegations contained in Count LXIII of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LXIII could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. 26 COUNT LXIV CLAIM ON BEHALF OF DEBORAH COOPER BURG AGAINST DEFENDANT VANCE MALONEY, It 802 - 814. The allegations contained in Count LXIV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LXIV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M_D., then all said allegations are denied. COUNT LXV CLAIM OF NICOLE BURG AGAINST DEFENDANT VANCE MALONEY, Il 815 - 826. The allegations contained in Count LXV of Plaintiffs’ First Amended Complaint is not directed to Defendants, ARTURO RODRIGUEZ-MARTIN, M.D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D.; however, to the extent any allegation contained in Count LXV could be construed against Defendants, ARTURO RODRIGUEZ-MARTIN, M_D., P.L. and/or ARTURO RODRIGUEZ-MARTIN, M.D., then all said allegations are denied. COUNT LXVI CLAIM OF RICKY BURG AGAIN