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Filing # 142522687 E-Filed 01/24/2022 02:35:52 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,
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.,
P.A.; NANDINI KIRI; HARBOR MEDICAL
CASE NO. 20-000616-CA
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;
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 WEST FLORIDA PHYSICIAN NETWORK, LLC’S AND JOHN RIOUX,
M.D.’S RE UEST FOR PRODUCTION TO PLAINTIFFS
COME NOW, the Defendants, WEST FLORIDA PHYSICIAN NETWORK, LLC and
JOHN RIOUX, M.D., by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules
of Civil Procedure, propounds upon Plaintiffs this Request to Produce and request that Plaintiffs
produce within thirty (30) days of service at a reasonable time as might be mutually agreed upon
Page 1 of 6
by the attorneys for the parties, for the purpose of inspection and copying the matters described in
the attached list.
Defendant states the need to examine, copy and inspect the attached and described items
and are unable to obtain these items by other means, or alternatively, the Defendant is otherwise
entitled to these items under the applicable Rules of Civil Procedure and case law interpreting such
Rules.
Page 2 of 6
REQUESTED DOCUM.
1 Copies of all standards, guidelines, manuals, publications, resources of the Metabolic and
Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP) relating to
bariatric surgery and its complications listed as No. 4 of Plaintiffs’ Exhibit List dated January
10, 2022.
2. Copies of all standards, guidelines, manuals, publications, resources of the American
College of Surgeons relating to bariatric surgery and its complications listed as No. 5 of
Plaintiffs’ Exhibit List dated January 10, 2022.
3. Copies of all standards, guidelines manuals, publications, Code of Ethics, resources of the
American Society for Metabolic and Bariatric Surgery (ASMBS) relating to bariatric surgery
and its complications listed as No. 6 of Plaintiffs’ Exhibit List dated January 10, 2022.
4. Copies of all standards, guidelines, manuals, publications, resources of the Society of
American Gastrointestinal and Endoscopic Surgeons (SAGES) relating to bariatric surgery and
its complications listed as No. 7 of Plaintiffs’ Exhibit List dated January 10, 2022.
5. Copies of all standards, standards of practice, Code of Ethics, guidelines, manuals,
publications, resources of the Academy of Nutrition and Dietetics relating to bariatric surgery
and its complications listed as No. 8 of Plaintiffs’ Exhibit List dated January 10, 2022.
6. Copies of all standards, guidelines, publications and resources of the American
Gastroenterological Association relating to bariatric surgery and its complications listed as No.
9 of Plaintiffs’ Exhibit List dated January 10, 2022.
7. Copies of all standards, guidelines, publications and resources of the American Association
of Clinical Endocrinologists relating to bariatric surgery and its complications listed as No. 10
of Plaintiffs’ Exhibit List dated January 10, 2022.
8. Copies of all standards, guidelines, publications and resources of the Obesity Medicine
Association relating to bariatric surgery and its complications listed as No. 11 of Plaintiffs’
Exhibit List dated January 10, 2022.
9. Copies of all standards, guidelines, manuals, publications, resources of the American Society
for Parenteral and Enteral Nutrition relating to bariatric surgery and its complications listed as
No. 12 of Plaintiffs’ Exhibit List dated January 10, 2022.
10. Copy of the Caine Criteria for the diagnosis of Wernicke Encephalopathy listed as No. 13
of Plaintiffs’ Exhibit List dated January 10, 2022.
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11. Copy of the Clinical Nutrition Handbook of the West Florida Division Consolidated Food
and Nutrition Clinical Services listed as No. 14 of Plaintiffs’ Exhibit List dated January 10,
2022.
12. Copy of the Nutrition Care Manual published by the Academy of Nutrition and Dietetics
listed as No. 15 of Plaintiffs’ Exhibit List dated January 10, 2022.
13. Copy of the American Academy of Family Physicians relating to bariatric surgery and its
complications listed as No. 63 of Plaintiffs’ Exhibit List dated January 10, 2022.
14. Copy of all records and bills for services from Angel Medflight listed as No. 100 of
Plaintiffs’ Exhibit List dated January 10, 2022.
15. Copy of all records and bills for services from Ambitrans Medical Transport listed as No.
101 of Plaintiffs’ Exhibit List dated January 10, 2022.
16. Copy of all records and bills for services from Ultimate Wellness Physical Therapy listed
as No. 102 of Plaintiffs’ Exhibit List dated January 10, 2022.
17. Copy of all photographs and videotapes depicting Plaintiffs, and Deborah Cooper Burg’s
condition listed as No. 111 of Plaintiffs’ Exhibit List dated January 10, 2022.
18. Copy of Dr. Richard Liles’ Life Care plan listed as No. 113 of Plaintiffs’ Exhibit List dated
January 10, 2022.
19. Copy of Dr. Frederick Raffa’s economic analysis report listed as No. 114 of Plaintiffs’
Exhibit List dated January 10, 2022.
20. Copy of economic chart, displays, and reports as to Plaintiffs’ past and future economic
losses listed as No. 115 of Plaintiffs’ Exhibit List dated January 10, 2022.
21. Copy of mortality tables as to Deborah Cooper Burg, Ricky Burg, and Nicole Burg listed
as No. 116 of Plaintiffs’ Exhibit List dated January 10, 2022.
22. Copy of Day in the Life video of Deborah Cooper Burg listed as No. 120 of Plaintiffs’
Exhibit List dated January 10, 2022.
23. Copy of Anatomical illustrations and animations of the brain, nervous system, and related
areas as affected by vitamin deficiency resulting in Wernicke Encephalopathy and Korsakoff
Psychosis, as well as models, displays, blowups, charts, photographs, videos and timelines
listed as No. 121 of Plaintiffs’ Exhibit List dated January 10, 2022.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished to the following via the Florida e-filing portal on January 24, 2022:
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Edward Blumberg, Esq. Michael J. Swan, Esq.
rb@deutschblumberg.com mswan( @rosswayswan.com,
Cosme Caballero, Esq. cdelo@rosswayswan.com
ccaballero@deutschblumberg.com Rossway Swan Tierney Barry & Oliver, P.L.
Robert Blumberg, Esq. 2101 Indian River Boulevard, Suite 200
bblumberg@deutschblumberg.com Vero Beach, FL 32960
Rowena Mitchell Co-Counsel for Ricky Burg
rmitchell@deutschblumberg.com
Hazel Costillo
heastillo@deutschblumberg.com
Deutsch Blumberg & Caballero, P.A.
100 N. Biscayne Blvd., Suite 2802
Miami, FL 33132
Counsel for Plaintiffs
Ronald E. Bush, Esq. Richard K. Bowers, Jr., Esq.
Bush Graziano Rice & Platter Brandon R. Scheele, Esq.
100 S. Ashley Drive, Suite 1400 Service-rbowers@pbankerlopez.com
Tampa, FL 33602 service-bscheele@bankerlopez.com
serve@bgrplaw.com kturner@bankerlopez.com
bconde@bg law.com Banker Lopez Gassler, P.A.
Counsel for Defendant Fawcett Memorial 501 E. Kennedy Blvd, #1700
Hospital and Abigail Utech Tampa, FL 33602
Counsel for Defendant Dilendra Weerasinghe
Jay P. Chimpoulis, Esq. Jeffrey M. Goodis, Esq.
Chimpoulis & Hunter, P.A. Brett P. Gliosca, Esq.
150 S. Pine Island Road, Suite 510 La Cava Jacobson & Goodis, P.A.
Plantation, FL 33324 Stp-pleadings@ljglegal.com
JCHimpoulis@ChimpoulisHunter.com bgliosca@ljglegal.com
SRiedhammer@ChimpoulisHunter.com mmorgan@ljglegal.com
jrobelen@ChimpoulisHunter.com 200 Central Avenue
Counsel for Punta Gorda Medical Investors, Suite 250
LLC d/b/a Life Care Center of Punta Gorda, St. Petersburg, FL 33701
Life Care Centers of America, Inc., Life Care Counsel for Sovi Joseph and Sovi Joseph,
Physician Services, LLC and Vance Maloney M.D., P.A.
Barry Postman, Esq. Gavrila A. Brotz, Esq.
Daniel Calvert, Esq. Bush Graziano Rice & Platter
Ron M. Campbell, Esq. 100 S. Ashley Drive, Suite 1400
Cole, Scott & Kissane, P.A. Tampa, FL 33602
Cole, Scott & Kissane Building serve@bgrplaw.com
27300 Riverview Center Blvd gbrotz@bgrplaw.com
Suite 200 Co-Counsel for Fawcett Memorial Hospital
Bonita Springs, Florida 34134
barry.postman@csklegal.com
‘on.campbell@csklegal.com
daniel.calvert@csklegal.com
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krystal.perez@csklegal.com;
Counsel for Defendants Millennium
Physician Group, LLC and Cathy Criss
John D. Emmanuel, Esq.
Buchanan Ingersoll & Rooney, PC
401 E. Jackson Street
#2400
Tampa, FL 33602
John.Emmanuel@bipe.com
Sabrina.Storno@bipccom
/s/ Victoria N. Ferrentino
Victoria N. Ferrentino, Esq.
Florida Bar No.: 21167
Rivver Cox, Esq.
Florida Bar No.: 1003431
Bush Graziano Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Phone: (813) 228-7000 — Fax: (813) 273-0091
Primary E-mail: eserve@bgrplaw.com;
vferrentino@bgrplaw.com
dhensley@bgrplaw.com
Attorneys for Defendants West Florida Physician
Network, LLC and John Rioux
Page 6 of 6
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Filing # 142522687 E-Filed 01/24/2022 02:35:52 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, 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., P.A.; NANDINI KIRI; HARBOR MEDICAL CASE NO. 20-000616-CA 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; 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 WEST FLORIDA PHYSICIAN NETWORK, LLC’S AND JOHN RIOUX, M.D.’S RE UEST FOR PRODUCTION TO PLAINTIFFS COME NOW, the Defendants, WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX, M.D., by and through undersigned counsel, pursuant to Rule 1.350, Florida Rules of Civil Procedure, propounds upon Plaintiffs this Request to Produce and request that Plaintiffs produce within thirty (30) days of service at a reasonable time as might be mutually agreed upon Page 1 of 6 by the attorneys for the parties, for the purpose of inspection and copying the matters described in the attached list. Defendant states the need to examine, copy and inspect the attached and described items and are unable to obtain these items by other means, or alternatively, the Defendant is otherwise entitled to these items under the applicable Rules of Civil Procedure and case law interpreting such Rules. Page 2 of 6 REQUESTED DOCUM. 1 Copies of all standards, guidelines, manuals, publications, resources of the Metabolic and Bariatric Surgery Accreditation and Quality Improvement Program (MBSAQIP) relating to bariatric surgery and its complications listed as No. 4 of Plaintiffs’ Exhibit List dated January 10, 2022. 2. Copies of all standards, guidelines, manuals, publications, resources of the American College of Surgeons relating to bariatric surgery and its complications listed as No. 5 of Plaintiffs’ Exhibit List dated January 10, 2022. 3. Copies of all standards, guidelines manuals, publications, Code of Ethics, resources of the American Society for Metabolic and Bariatric Surgery (ASMBS) relating to bariatric surgery and its complications listed as No. 6 of Plaintiffs’ Exhibit List dated January 10, 2022. 4. Copies of all standards, guidelines, manuals, publications, resources of the Society of American Gastrointestinal and Endoscopic Surgeons (SAGES) relating to bariatric surgery and its complications listed as No. 7 of Plaintiffs’ Exhibit List dated January 10, 2022. 5. Copies of all standards, standards of practice, Code of Ethics, guidelines, manuals, publications, resources of the Academy of Nutrition and Dietetics relating to bariatric surgery and its complications listed as No. 8 of Plaintiffs’ Exhibit List dated January 10, 2022. 6. Copies of all standards, guidelines, publications and resources of the American Gastroenterological Association relating to bariatric surgery and its complications listed as No. 9 of Plaintiffs’ Exhibit List dated January 10, 2022. 7. Copies of all standards, guidelines, publications and resources of the American Association of Clinical Endocrinologists relating to bariatric surgery and its complications listed as No. 10 of Plaintiffs’ Exhibit List dated January 10, 2022. 8. Copies of all standards, guidelines, publications and resources of the Obesity Medicine Association relating to bariatric surgery and its complications listed as No. 11 of Plaintiffs’ Exhibit List dated January 10, 2022. 9. Copies of all standards, guidelines, manuals, publications, resources of the American Society for Parenteral and Enteral Nutrition relating to bariatric surgery and its complications listed as No. 12 of Plaintiffs’ Exhibit List dated January 10, 2022. 10. Copy of the Caine Criteria for the diagnosis of Wernicke Encephalopathy listed as No. 13 of Plaintiffs’ Exhibit List dated January 10, 2022. Page 3 of 6 11. Copy of the Clinical Nutrition Handbook of the West Florida Division Consolidated Food and Nutrition Clinical Services listed as No. 14 of Plaintiffs’ Exhibit List dated January 10, 2022. 12. Copy of the Nutrition Care Manual published by the Academy of Nutrition and Dietetics listed as No. 15 of Plaintiffs’ Exhibit List dated January 10, 2022. 13. Copy of the American Academy of Family Physicians relating to bariatric surgery and its complications listed as No. 63 of Plaintiffs’ Exhibit List dated January 10, 2022. 14. Copy of all records and bills for services from Angel Medflight listed as No. 100 of Plaintiffs’ Exhibit List dated January 10, 2022. 15. Copy of all records and bills for services from Ambitrans Medical Transport listed as No. 101 of Plaintiffs’ Exhibit List dated January 10, 2022. 16. Copy of all records and bills for services from Ultimate Wellness Physical Therapy listed as No. 102 of Plaintiffs’ Exhibit List dated January 10, 2022. 17. Copy of all photographs and videotapes depicting Plaintiffs, and Deborah Cooper Burg’s condition listed as No. 111 of Plaintiffs’ Exhibit List dated January 10, 2022. 18. Copy of Dr. Richard Liles’ Life Care plan listed as No. 113 of Plaintiffs’ Exhibit List dated January 10, 2022. 19. Copy of Dr. Frederick Raffa’s economic analysis report listed as No. 114 of Plaintiffs’ Exhibit List dated January 10, 2022. 20. Copy of economic chart, displays, and reports as to Plaintiffs’ past and future economic losses listed as No. 115 of Plaintiffs’ Exhibit List dated January 10, 2022. 21. Copy of mortality tables as to Deborah Cooper Burg, Ricky Burg, and Nicole Burg listed as No. 116 of Plaintiffs’ Exhibit List dated January 10, 2022. 22. Copy of Day in the Life video of Deborah Cooper Burg listed as No. 120 of Plaintiffs’ Exhibit List dated January 10, 2022. 23. Copy of Anatomical illustrations and animations of the brain, nervous system, and related areas as affected by vitamin deficiency resulting in Wernicke Encephalopathy and Korsakoff Psychosis, as well as models, displays, blowups, charts, photographs, videos and timelines listed as No. 121 of Plaintiffs’ Exhibit List dated January 10, 2022. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished to the following via the Florida e-filing portal on January 24, 2022: Page 4 of 6 Edward Blumberg, Esq. Michael J. Swan, Esq. rb@deutschblumberg.com mswan( @rosswayswan.com, Cosme Caballero, Esq. cdelo@rosswayswan.com ccaballero@deutschblumberg.com Rossway Swan Tierney Barry & Oliver, P.L. Robert Blumberg, Esq. 2101 Indian River Boulevard, Suite 200 bblumberg@deutschblumberg.com Vero Beach, FL 32960 Rowena Mitchell Co-Counsel for Ricky Burg rmitchell@deutschblumberg.com Hazel Costillo heastillo@deutschblumberg.com Deutsch Blumberg & Caballero, P.A. 100 N. Biscayne Blvd., Suite 2802 Miami, FL 33132 Counsel for Plaintiffs Ronald E. Bush, Esq. Richard K. Bowers, Jr., Esq. Bush Graziano Rice & Platter Brandon R. Scheele, Esq. 100 S. Ashley Drive, Suite 1400 Service-rbowers@pbankerlopez.com Tampa, FL 33602 service-bscheele@bankerlopez.com serve@bgrplaw.com kturner@bankerlopez.com bconde@bg law.com Banker Lopez Gassler, P.A. Counsel for Defendant Fawcett Memorial 501 E. Kennedy Blvd, #1700 Hospital and Abigail Utech Tampa, FL 33602 Counsel for Defendant Dilendra Weerasinghe Jay P. Chimpoulis, Esq. Jeffrey M. Goodis, Esq. Chimpoulis & Hunter, P.A. Brett P. Gliosca, Esq. 150 S. Pine Island Road, Suite 510 La Cava Jacobson & Goodis, P.A. Plantation, FL 33324 Stp-pleadings@ljglegal.com JCHimpoulis@ChimpoulisHunter.com bgliosca@ljglegal.com SRiedhammer@ChimpoulisHunter.com mmorgan@ljglegal.com jrobelen@ChimpoulisHunter.com 200 Central Avenue Counsel for Punta Gorda Medical Investors, Suite 250 LLC d/b/a Life Care Center of Punta Gorda, St. Petersburg, FL 33701 Life Care Centers of America, Inc., Life Care Counsel for Sovi Joseph and Sovi Joseph, Physician Services, LLC and Vance Maloney M.D., P.A. Barry Postman, Esq. Gavrila A. Brotz, Esq. Daniel Calvert, Esq. Bush Graziano Rice & Platter Ron M. Campbell, Esq. 100 S. Ashley Drive, Suite 1400 Cole, Scott & Kissane, P.A. Tampa, FL 33602 Cole, Scott & Kissane Building serve@bgrplaw.com 27300 Riverview Center Blvd gbrotz@bgrplaw.com Suite 200 Co-Counsel for Fawcett Memorial Hospital Bonita Springs, Florida 34134 barry.postman@csklegal.com ‘on.campbell@csklegal.com daniel.calvert@csklegal.com Page 5 of 6 krystal.perez@csklegal.com; Counsel for Defendants Millennium Physician Group, LLC and Cathy Criss John D. Emmanuel, Esq. Buchanan Ingersoll & Rooney, PC 401 E. Jackson Street #2400 Tampa, FL 33602 John.Emmanuel@bipe.com Sabrina.Storno@bipccom /s/ Victoria N. Ferrentino Victoria N. Ferrentino, Esq. Florida Bar No.: 21167 Rivver Cox, Esq. Florida Bar No.: 1003431 Bush Graziano Rice & Platter, P.A. 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Phone: (813) 228-7000 — Fax: (813) 273-0091 Primary E-mail: eserve@bgrplaw.com; vferrentino@bgrplaw.com dhensley@bgrplaw.com Attorneys for Defendants West Florida Physician Network, LLC and John Rioux Page 6 of 6