Preview
Filing # 119421828 E-Filed 01/11/2021 04:39:19 PM
IN THE CIRCUIT COURT OF THE
20% JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
v.
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;
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.
/
7
P| NT! Ti COMPLIA BY E NT FAW!
MORTAL Hi TAI i. a FAW E AL HOSPITA T
COURT ORD F DECEMBER 16, 202 T IN’ 'S’ FI ET
INTERROGATORIES
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her
Deutsch
t Caballero, PA,
NEW WORLD TOWER - 100 N BISCAYNE BOULEVARD. SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 288-4926
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
spouse, by and through their undersigned attorneys, and move this Honorable Court to
obtain compliance by Defendant FAWCETT MEMORIAL HOSPITAL, INC, d/b/a FAWCETT
MEMORIAL HOSPITAL with Court Order of December 16, 2020 as to their answers to
Plaintiffs’ first set of interrogatories, and as grounds state:
1. On December 8, 2020, this Honorable Court overruled various objections of Defendant
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL to
Plaintiffs’ first set of interrogatories as well as compelled said Defendant to answer
various interrogatories. See Order attached hereto as Exhibit A.
The compliance with the Court Order, which was entered by the Court on December
16, 2020, was to have occurred on January 5, 2021.
The undersigned certifies that he has written, called, as well as spoken to defense
counsel in a good faith effort to obtain compliance with this Court Order but full
compliance has not occurred.
In particular, Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT
MEMORIAL HOSPITAL has failed to answer the following interrogatories which it has
been ordered to answer:
(10) Please state whether any claim or lawsuit for medical malpractice has ever
been made against your facility alleging same or similar facts relating to the same or
similar subject matter as this lawsuit within the last (5) years, and, if so, state as to
each such claim or lawsuit the names and addresses of the parties, the claim number,
the date of the alleged incident, the ultimate disposition of the claim or lawsuit, in the
name of your attorney if any.
(11) Please state the name and address of any entities, or persons with whom
Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
HOSPITAL had a legal relationship, and the scope of the relationship, regarding the
Deutsch Blumberg
& Caballero, PLY,
NEW WORLD
TOWER - 100 N. BISCAYNE BOULEVARD, SUITE
2002 - MIAM: FLORIDA 39132 « TEL (305) 288-8329
Burg v West Florida Physician Network, LLC, et al.
CASE NO, 2020-000616 CA
Page 3
care and treatment of the plaintiff that is in the subject of this allegation, including but
not limited to Abigail Utech and Susan Bruner.
(12) State whether there is or was in existence any policy of insurance, primary,
access an umbrella, which word or might inure to the benefit of the Plaintiff herein, by
providing for payment of a part of or all of any judgment rendered in favor of the
Plaintiff against any Defendant(s) or against any other person, firm or corporation
who is or maybe liable to the Plaintiff by reason of the incident described in the
complaint and if the answer is “Yes” stay as follows as to each such a policy of
insurance known or believe to exist by you or your attorneys:
A The name and address of the insurer on each such policy.
B. The name and address of each named insured on each such policy.
Cc. The policy number of each such a policy.
OD. The name and address of any person, firm, or a corporation who is or maybe
an additional or omnibus insured under such policy by reason of the incident
described in the Complaint, and the relationship, if any, between such
additional or omnibus insured and any named Defendant(s) in this cause.
The limits of liability and such policy as may be applied to any one Plaintiff(s)
by reason of any one incident and the total limits of liability to all persons by
reason of anyone incident.
Whether or not any insurer has notified any insured that said insurer claims
that there is or may be no coverage under the terms of the policy of insurance
involved, and if the answer is “Yes”, describe the reason given for the claimed
lack of coverage or failure they're off as stated by side insurer just sad insured
and state the date of such notice. If such policy defense has been withdrawn
or waived, state the date policy defense was withdrawn are waived.
(13.) Are you protected against the type of risk sued hereon by any:
A Reinsurance.
B Excess insurance.
c Umbrella insurance.
D. Contingent insurance.
Tf so, for each such coverage, state:
The name and address of the insurer.
The number of the policy.
The form of insurance.
The effective date of coverage.
The amount of coverage.
The name and address of the name insured.
Deutsch Blumberg
& Caballero, PA,
NEW WORLD TOWER - 100 N BISCAVNE BOULEVARD, SUITE 2802 « MIAM:, FLORIDA 33132 - TEL (305) 258.6929
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
G The name, address and telephone number of the person or entity that
has possession of the policy and the reinsurance or excess insurance
clauses, endorsements and coverages.
(17) Taking into consideration everything you know regarding DEBORAH COOPER
BURG, and the condition or circumstances for which you rendered treatment, state
whether or not in your opinion any adverse outcome alleged by the plaintiff could’ve
been avoided had some step been taken by the Plaintiff during her course of
treatment. Please describe which steps you feel could or should have been taken to
prevent the outcome,
(See Defendant FAWCETT MEMORIAL HOSPITAL'S Supplemental Answers to Plaintiffs’
First Set of Interrogatories dated January 7, 2021 attached hereto as Exhibit B.)
The undersigned certifies that the movant, in good faith, has conferred with counsel
for Defendant FAWCETT MEMORIAL HOSPITAL, INC., who has failed to make the
discovery, in an effort to secure the information and materials without court action.
WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an order
compelling Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
HOSPITAL to comply with its Order of December 16, 2020 as set forth above.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 11 day of January, 2021 to: see attached service list.
Deutsch Blunbery
& Calallero, PY
NEW WORLD TOWER > 100 BISCAYNE BOULEVARD. SUITE
2602 - MIAMI. FLORIDA 33132 « TEL (908) 358-6520
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 5
DEUTSCH BLUMBERG & CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
(305) 358-6329
(305) 358-9304 (facsimile)
Email - erb@deutschblumberg.com;
rmitchell@deutschblumberg.com
By: _s/Edward R. Blumberg
EDWARD R. BLUMBERG, ESQ.
Florida Bar No. 190870
Deutsch Blunbog
& Caballero, PA,
NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD. SUITE 2602 - MIAMI, FLORIDA 93932 + TEL (905) 358-6929
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
ERVICE LI!
John M. Stewart, Esquire
Michael J, Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Brandon R. Scheele, Esquire
Bankers Lopez Gassler, P.A,
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E, Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
Ill
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpoulis@ChimpoulisHunter.com
Victoria N. Ferrentino, Esq
Erin B. Reynolds, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@barplaw.com;eserve@barplaw.com; and dhensl bgrplaw.com
ereynolds@bgrplaw.com
1]Page
Douglas Lumpkin, Esq.
Summer E. Harcup, Esq.
Wicker Smith O’Hara McCoy & Ford, P.A.
Attorneys for Defendants AHSAN KAMAL, M.D. and HARBOR MEDICAL GROUP, LLC
1819 Main Street, Suite 910
Sarasota, FL 34236
Telephone: 941-366-4200
Fax: 941-366-4227
Email: SARertpleadings@wickersmith.com
Ralph L. Marchbank, Jr., Esq.
Dickinson & Gibbons, P.A.
Attorney for Defendants DOMINGO GALLIANO, JR. and DOMINGO E. GALLIANO, JR.
PA.
401 N. Cattlemen Road, Suite 300
Sarasota, FL 34232
Telephone: 941-366-4680
Fa: 941-953-3136
Emails: Rmarchbank@dglawyers.com; Laordon@dglawyers.com
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com; bgliosca@liglegal.com; nkovacic@lj al.com
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@barplaw.com; Iplyushke@barplaw.com
2|Page
Richard B. Mangan, Jr., Esq.
Kelsey T. Campbell, Esq.
RISSMAN, BARRETT, HURT DONAHUE, McLAIN & MANGAN, P.A.
Attorneys for Defendants NANDINI KIRI, M.D., and NANDINI KIRI, M.D., P.A.
1 North Dale Mabry Highway, 11th Floor
Tampa, FL 33609
Telephone: (813) 221-3114
Facsimile: (813) 221-3033
Emails: rbm.service@rissman.com; ktc.service@rissman.com;
Stephanie,doyleGrissman.com
Scott B. Albee, Esq.
Ryan B, Stevens, Esq.
Fulmer LeRoy & Albee, PLLC
Attorneys for ARTURO RODRIGUEZ-MARTIN and ARTURO RODRIGUEZ-MARTINM.D,
7
PAL.
5544 Central Avenue
Saint Peterburg, Florida 33707
Telephone -727-217-2500
Email: sAlbee@fulmerleroy.com; rstevens@fulmerleroy.com;
eservicetpa@fulmerleroy.com
3) Page
Filing # 118276339 E-Filed 12/16/2020 08:02:09 AM
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
Vv
WEST FLORIDA PHYSICIAN NETWORK, LLC; 2
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; ABIGAIL
UTECH; NANDINI KIRI, M_D., P.A.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL;
SOVI JOSEPH, M.D., P_A.; SOVI JOSEPH;
DOMINGO E. GALLIANO, JR., P.A.; DOMINGO
GALLIANO, JR.; PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER OF
PUNTA GORDA; LIFE CARE PHYSICIAN
SERVICES, LLC; and VANCE MALONEY, Ill,
Defendants.
- /
ORDER ON PLAINTIFFS’ MOTION TO OVERRULE OBJECTIONS AND MOTION TO
MPEL AS TO DEFENDANT FAWCETT MEMORIALHOSPIT, INC, D/B/A
FAWCETT MEMORIAL HOSPITAL’S ANSWERS TO PLAINTIFFS’
INTERROGATORIES
THIS CAUSE having come before the Court on December 8, 2020 on Plaintiffs’
DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG;
NICOLE BURG, her daughter; and RICKY BURG, her spouse, Motion to Overrule Objections and
Motion to Compel as to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT
MEMORIAL HOSPITAL’S Answers to Plaintiffs’ Interrogatories (under certificate of service of
PLAINTIFF'S
i
i
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA.
Page 2
October 12, 2020) and the Court having heard argument of counsel and the Court being fully
advised in the premises, it is hereby ORDERED AND ADJUDGED as follows:
1 As to interrogatory 10, Defendant’s objections are overruled.
2. As to interrogatory 11, Defendant’s objections are overruled.
As to interrogatory 12, Plaintiffs’ motion to compel is granted and this interrogatory shall be
answered in all subparts.
As to interrogatory 13, Plaintiffs’ motion to compel is granted and Defendants’ objections
are overruled.
As to interrogatory 17, Plaintiffs’ motion to compel and to overrule objections is denied.
As to interrogatory 20, Defendant’s objections are overruled (but the objections are not
overruled in terms of other information or evidence), and Defendant’s answer to
interrogatory 20 is “None”.
As to interrogatory 21, Defendant’s objections are overruled (but the objections are not
overruled in terms of other information or evidence), and Defendant’s answer to
interrogatory 21 is “None”.
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
8. Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
HOSPITAL shall provide the above answers within twenty (20) days from the date of this
order.
ORDERED AND ADJUDGED
He.
on 121 62020 08 6 5:50 hehehe?
Electronic Service List
Brett P. Gliosca ,
Douglas B Lumpkin
Summer E. Harcup, Esquire
Edward R. Blumberg , ,
Frances Prockop , ,
Jay P Chimpoulis , ,
Jeffrey M Goodis , ,
Ralph L. Marchbank, Esquire , ,
Richard Mangan, Esquire ,
Scott B. Albee, Esquire , ,
Richard Bowers, Esquire
Edward R. Bluberg, Esquire , ,
Edward R. Blumberg, Esquire ,
Douglas Lumpkin, Esquire , ,
Kelsey Taylor Campbell
John M. Stewart, Esq.
Erin Reynolds, Esquire
Michael John Swan , ,
John M Stewart ,
Burg v West Florida Physician Network, LLC,
et al.
CASE NO. 2020-000616 CA
Page 4
Ralph L Marchbank ,
Richard Barrett Mangan Jr. ,
Richard Bowers ,
Susanne E Riedhammer ,
Victoria N Ferrentino , ,
JEFFREY M GOODIS
BRETT P GLIOSCA
SUSANNE E RIEDHAMMER
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, RICK Y BURG;
NICOLE BURG, her daughter; and RICKY
BURG, her spouse,
Plaintiff,
VS.
WEST FLORIDA PHYSICIAN NETWORK,
LLC; DILENDRA WEERASINGHE; JOHN
RIOUX; FAWCETT MEMORIAL CASE NO.: 20200616CA
HOSPITAL, INC. d/b/a FAWCETT
MEMORIAL HOSPITAL; ABIGAIL UTECH;
NANDINI KIRI, M.D., P.A.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC; AHSAN
KAMAL; SOVI JOSEPH, M.D., P.A.; SOVI
JOSEPH; DOMINGO E. GALLIANO, JR. .
P.A.; DOMINGO GALLIANO, JR.; PUNTA
GORDA MEDICAL INVESTORS, LLC d/b/a
LIFE CARE CENTER OF PUNTA GORDA;
LIFE CARE PHYSICIAN SERVICES, LLC;
and VANCE MALONEY, III,
Defendants.
Ls /
DEFENDANT, FAWCETT MEMORIAL HOSPITAL’S SUPPLEMENTAL
ANSWERS TO PLAINTIFF
E E S’ ener
FIRST SET
et OF
tNINTERROG
FERS ATORIES
BOE
Defendant, FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL
HOSPITAL, by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure
1,340, hereby gives notice of filing Supplemental Answers to Plaintiffs First Set of Interrogatories
served with the original summons and complaint in this action.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been
furnished by electronic mail delivery on this 7th day of January, 2021 to:
PLAINTIFF'S
a
i
Edward R Blumberg, Esquire, Deutsch Blumberg & Caballero, PA,,
ERB@DeutschBlumberg.com, rmitchellDeutschblumberg.com, Counsel for Claimants
Victoria N. Ferrentino, Esquire, Bush Graziano Rice & Platter, P.A., 100 S. Ashley Drive, Suite
1400, Tampa, FL 33602. vferrentino@bqrplaw.com, Counsel for John Rioux, MD and West
Florida Physician Network, LLC d/b/a Gulf Pointe Surgical Specialists
Ralph L. Marchbank, Dickinson & Gibbons, P.A., 401 N. Cattlemen Road, Suite 300, Sarasota.
FL 34232, RMarchbanki@dglawyers.com, Igordon(@dglawyers.com, JGadoury @dglawyers.com,
Counsel for Domingo E. Galliano, Jr., M.D., Domingo E. Galliano, Jr., P.A.
Richard Mangan, Esquire, Kelsey Campbell, Esquire, Rissman Barrett Hurt Donahue McLain &
Mangan, 1 N Dale Mabry Highway, Suite 1100, Tampa, FL 33609,
Stephanie.Doyle@rissman.com, Counsel for Nandini Kiri, M.D., Nandini Kiri, M.D., P.A.
Douglas B. Lumpkin, Esquire, Wicker Smith, 1819 Main Street, Suite 910, Sarasota, FL 34235,
DLumpkin@wickersmith.com, JSiohn@wickersmith.com, Counsel for Ahsan Kamal, M.D.,
Ahsan Kamal, M.D., P.A. and Harbor Medical Group
Susanne E. Riedhammer, Esquire, Chimpoulis & Hunter, P.A., 159 South Pine Island Road, Suite
510, Plantation, FL 33324, sriedhammer@chimpoulishunter.com, Counsel for Vance Maloney,
1H, M.D. and Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda
Richard Bowers, Esquire, Banker Lopez Gassler P.A., 501 East Kennedy Blvd, Suite 1700, Tampa,
FL 33602, service-rbowers@bankerlopez.com, Counsel for Dilendra Weerasinghe, M.D.
Jeff Goodis, Esquire, La Cava Jacobson & Goodis, 150 2"! Avenue North, 15" Floor, St.
Petersburg, FL 33701, jgoodis@lacavajacobson.com, Counsel for Sovi Joseph, M.D. and Sovi
Joseph, M.D., P.A.
/s/ Frances G. Prockop
Frances G. Prockop, Esq.
Florida Bar No.: 727296
Bush Graziano Rice & Platter, P.A.
100 South Ashley Drive, Suite 1400
Tampa, FL 33602
Phone: (813) 228-7000 ~ Fax: (813) 273-0091
Attorney for Defendants, Fawcett Memorial
Hospital and Abigail Utech
Primary: eservei@’berplaw.com
Secondary: Iplvushko@berplaw.com
Page 2 of 3
PLAINTIFF'S INTERROGATORIES TO DEFENDANT FAWCETT MEMORIAL
H OSPITAL, INC. d/b/a
E E FAWCETT MEMORIAL
OL HOSPITAL
OAL
20. Was there a Root Cause Analysis performed regarding the complications and/or injuries
suffered by plaintiff DEBORAH COOPER BERG, resulting from your care and treatment. If
so, when was it performed and by who?
ANSWER: None known at present.
21, Was there an adverse medical incident report prepared in regard to the injury and/or a
complication arising out of your care and treatment of Plaintiff, DEBORAH COOPER
BURG?
ANSWER: None known at present.
Page 3 of 3
Preview
Filing # 119421828 E-Filed 01/11/2021 04:39:19 PM IN THE CIRCUIT COURT OF THE 20% JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, v. 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; 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. / 7 P| NT! Ti COMPLIA BY E NT FAW! MORTAL Hi TAI i. a FAW E AL HOSPITA T COURT ORD F DECEMBER 16, 202 T IN’ 'S’ FI ET INTERROGATORIES COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her Deutsch t Caballero, PA, NEW WORLD TOWER - 100 N BISCAYNE BOULEVARD. SUITE 2802 « MIAMI, FLORIDA 33132 - TEL (305) 288-4926 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 spouse, by and through their undersigned attorneys, and move this Honorable Court to obtain compliance by Defendant FAWCETT MEMORIAL HOSPITAL, INC, d/b/a FAWCETT MEMORIAL HOSPITAL with Court Order of December 16, 2020 as to their answers to Plaintiffs’ first set of interrogatories, and as grounds state: 1. On December 8, 2020, this Honorable Court overruled various objections of Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL to Plaintiffs’ first set of interrogatories as well as compelled said Defendant to answer various interrogatories. See Order attached hereto as Exhibit A. The compliance with the Court Order, which was entered by the Court on December 16, 2020, was to have occurred on January 5, 2021. The undersigned certifies that he has written, called, as well as spoken to defense counsel in a good faith effort to obtain compliance with this Court Order but full compliance has not occurred. In particular, Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL has failed to answer the following interrogatories which it has been ordered to answer: (10) Please state whether any claim or lawsuit for medical malpractice has ever been made against your facility alleging same or similar facts relating to the same or similar subject matter as this lawsuit within the last (5) years, and, if so, state as to each such claim or lawsuit the names and addresses of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim or lawsuit, in the name of your attorney if any. (11) Please state the name and address of any entities, or persons with whom Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL had a legal relationship, and the scope of the relationship, regarding the Deutsch Blumberg & Caballero, PLY, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD, SUITE 2002 - MIAM: FLORIDA 39132 « TEL (305) 288-8329 Burg v West Florida Physician Network, LLC, et al. CASE NO, 2020-000616 CA Page 3 care and treatment of the plaintiff that is in the subject of this allegation, including but not limited to Abigail Utech and Susan Bruner. (12) State whether there is or was in existence any policy of insurance, primary, access an umbrella, which word or might inure to the benefit of the Plaintiff herein, by providing for payment of a part of or all of any judgment rendered in favor of the Plaintiff against any Defendant(s) or against any other person, firm or corporation who is or maybe liable to the Plaintiff by reason of the incident described in the complaint and if the answer is “Yes” stay as follows as to each such a policy of insurance known or believe to exist by you or your attorneys: A The name and address of the insurer on each such policy. B. The name and address of each named insured on each such policy. Cc. The policy number of each such a policy. OD. The name and address of any person, firm, or a corporation who is or maybe an additional or omnibus insured under such policy by reason of the incident described in the Complaint, and the relationship, if any, between such additional or omnibus insured and any named Defendant(s) in this cause. The limits of liability and such policy as may be applied to any one Plaintiff(s) by reason of any one incident and the total limits of liability to all persons by reason of anyone incident. Whether or not any insurer has notified any insured that said insurer claims that there is or may be no coverage under the terms of the policy of insurance involved, and if the answer is “Yes”, describe the reason given for the claimed lack of coverage or failure they're off as stated by side insurer just sad insured and state the date of such notice. If such policy defense has been withdrawn or waived, state the date policy defense was withdrawn are waived. (13.) Are you protected against the type of risk sued hereon by any: A Reinsurance. B Excess insurance. c Umbrella insurance. D. Contingent insurance. Tf so, for each such coverage, state: The name and address of the insurer. The number of the policy. The form of insurance. The effective date of coverage. The amount of coverage. The name and address of the name insured. Deutsch Blumberg & Caballero, PA, NEW WORLD TOWER - 100 N BISCAVNE BOULEVARD, SUITE 2802 « MIAM:, FLORIDA 33132 - TEL (305) 258.6929 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 G The name, address and telephone number of the person or entity that has possession of the policy and the reinsurance or excess insurance clauses, endorsements and coverages. (17) Taking into consideration everything you know regarding DEBORAH COOPER BURG, and the condition or circumstances for which you rendered treatment, state whether or not in your opinion any adverse outcome alleged by the plaintiff could’ve been avoided had some step been taken by the Plaintiff during her course of treatment. Please describe which steps you feel could or should have been taken to prevent the outcome, (See Defendant FAWCETT MEMORIAL HOSPITAL'S Supplemental Answers to Plaintiffs’ First Set of Interrogatories dated January 7, 2021 attached hereto as Exhibit B.) The undersigned certifies that the movant, in good faith, has conferred with counsel for Defendant FAWCETT MEMORIAL HOSPITAL, INC., who has failed to make the discovery, in an effort to secure the information and materials without court action. WHEREFORE, Plaintiffs respectfully request this Honorable Court to enter an order compelling Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL to comply with its Order of December 16, 2020 as set forth above. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 11 day of January, 2021 to: see attached service list. Deutsch Blunbery & Calallero, PY NEW WORLD TOWER > 100 BISCAYNE BOULEVARD. SUITE 2602 - MIAMI. FLORIDA 33132 « TEL (908) 358-6520 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 5 DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 (305) 358-6329 (305) 358-9304 (facsimile) Email - erb@deutschblumberg.com; rmitchell@deutschblumberg.com By: _s/Edward R. Blumberg EDWARD R. BLUMBERG, ESQ. Florida Bar No. 190870 Deutsch Blunbog & Caballero, PA, NEW WORLD TOWER - 100 N. BISCAYNE BOULEVARD. SUITE 2602 - MIAMI, FLORIDA 93932 + TEL (905) 358-6929 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA ERVICE LI! John M. Stewart, Esquire Michael J, Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Brandon R. Scheele, Esquire Bankers Lopez Gassler, P.A, Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 Email: service-rbowers@bankerlopez.com ; service-bscheele@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E, Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpoulis@ChimpoulisHunter.com Victoria N. Ferrentino, Esq Erin B. Reynolds, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@barplaw.com;eserve@barplaw.com; and dhensl bgrplaw.com ereynolds@bgrplaw.com 1]Page Douglas Lumpkin, Esq. Summer E. Harcup, Esq. Wicker Smith O’Hara McCoy & Ford, P.A. Attorneys for Defendants AHSAN KAMAL, M.D. and HARBOR MEDICAL GROUP, LLC 1819 Main Street, Suite 910 Sarasota, FL 34236 Telephone: 941-366-4200 Fax: 941-366-4227 Email: SARertpleadings@wickersmith.com Ralph L. Marchbank, Jr., Esq. Dickinson & Gibbons, P.A. Attorney for Defendants DOMINGO GALLIANO, JR. and DOMINGO E. GALLIANO, JR. PA. 401 N. Cattlemen Road, Suite 300 Sarasota, FL 34232 Telephone: 941-366-4680 Fa: 941-953-3136 Emails: Rmarchbank@dglawyers.com; Laordon@dglawyers.com Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: stp-pleadings@liglegal.com; bgliosca@liglegal.com; nkovacic@lj al.com Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@barplaw.com; Iplyushke@barplaw.com 2|Page Richard B. Mangan, Jr., Esq. Kelsey T. Campbell, Esq. RISSMAN, BARRETT, HURT DONAHUE, McLAIN & MANGAN, P.A. Attorneys for Defendants NANDINI KIRI, M.D., and NANDINI KIRI, M.D., P.A. 1 North Dale Mabry Highway, 11th Floor Tampa, FL 33609 Telephone: (813) 221-3114 Facsimile: (813) 221-3033 Emails: rbm.service@rissman.com; ktc.service@rissman.com; Stephanie,doyleGrissman.com Scott B. Albee, Esq. Ryan B, Stevens, Esq. Fulmer LeRoy & Albee, PLLC Attorneys for ARTURO RODRIGUEZ-MARTIN and ARTURO RODRIGUEZ-MARTINM.D, 7 PAL. 5544 Central Avenue Saint Peterburg, Florida 33707 Telephone -727-217-2500 Email: sAlbee@fulmerleroy.com; rstevens@fulmerleroy.com; eservicetpa@fulmerleroy.com 3) Page Filing # 118276339 E-Filed 12/16/2020 08:02:09 AM IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, Vv WEST FLORIDA PHYSICIAN NETWORK, LLC; 2 DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; ABIGAIL UTECH; NANDINI KIRI, M_D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH, M.D., P_A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Ill, Defendants. - / ORDER ON PLAINTIFFS’ MOTION TO OVERRULE OBJECTIONS AND MOTION TO MPEL AS TO DEFENDANT FAWCETT MEMORIALHOSPIT, INC, D/B/A FAWCETT MEMORIAL HOSPITAL’S ANSWERS TO PLAINTIFFS’ INTERROGATORIES THIS CAUSE having come before the Court on December 8, 2020 on Plaintiffs’ DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, Motion to Overrule Objections and Motion to Compel as to Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL’S Answers to Plaintiffs’ Interrogatories (under certificate of service of PLAINTIFF'S i i Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA. Page 2 October 12, 2020) and the Court having heard argument of counsel and the Court being fully advised in the premises, it is hereby ORDERED AND ADJUDGED as follows: 1 As to interrogatory 10, Defendant’s objections are overruled. 2. As to interrogatory 11, Defendant’s objections are overruled. As to interrogatory 12, Plaintiffs’ motion to compel is granted and this interrogatory shall be answered in all subparts. As to interrogatory 13, Plaintiffs’ motion to compel is granted and Defendants’ objections are overruled. As to interrogatory 17, Plaintiffs’ motion to compel and to overrule objections is denied. As to interrogatory 20, Defendant’s objections are overruled (but the objections are not overruled in terms of other information or evidence), and Defendant’s answer to interrogatory 20 is “None”. As to interrogatory 21, Defendant’s objections are overruled (but the objections are not overruled in terms of other information or evidence), and Defendant’s answer to interrogatory 21 is “None”. Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 3 8. Defendant FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL shall provide the above answers within twenty (20) days from the date of this order. ORDERED AND ADJUDGED He. on 121 62020 08 6 5:50 hehehe? Electronic Service List Brett P. Gliosca , Douglas B Lumpkin Summer E. Harcup, Esquire Edward R. Blumberg , , Frances Prockop , , Jay P Chimpoulis , , Jeffrey M Goodis , , Ralph L. Marchbank, Esquire , , Richard Mangan, Esquire , Scott B. Albee, Esquire , , Richard Bowers, Esquire Edward R. Bluberg, Esquire , , Edward R. Blumberg, Esquire , Douglas Lumpkin, Esquire , , Kelsey Taylor Campbell John M. Stewart, Esq. Erin Reynolds, Esquire Michael John Swan , , John M Stewart , Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 4 Ralph L Marchbank , Richard Barrett Mangan Jr. , Richard Bowers , Susanne E Riedhammer , Victoria N Ferrentino , , JEFFREY M GOODIS BRETT P GLIOSCA SUSANNE E RIEDHAMMER 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, RICK Y BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, Plaintiff, VS. WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL CASE NO.: 20200616CA HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; ABIGAIL UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR. . P.A.; DOMINGO GALLIANO, JR.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. Ls / DEFENDANT, FAWCETT MEMORIAL HOSPITAL’S SUPPLEMENTAL ANSWERS TO PLAINTIFF E E S’ ener FIRST SET et OF tNINTERROG FERS ATORIES BOE Defendant, FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL, by and through undersigned counsel and pursuant to Florida Rules of Civil Procedure 1,340, hereby gives notice of filing Supplemental Answers to Plaintiffs First Set of Interrogatories served with the original summons and complaint in this action. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by electronic mail delivery on this 7th day of January, 2021 to: PLAINTIFF'S a i Edward R Blumberg, Esquire, Deutsch Blumberg & Caballero, PA,, ERB@DeutschBlumberg.com, rmitchellDeutschblumberg.com, Counsel for Claimants Victoria N. Ferrentino, Esquire, Bush Graziano Rice & Platter, P.A., 100 S. Ashley Drive, Suite 1400, Tampa, FL 33602. vferrentino@bqrplaw.com, Counsel for John Rioux, MD and West Florida Physician Network, LLC d/b/a Gulf Pointe Surgical Specialists Ralph L. Marchbank, Dickinson & Gibbons, P.A., 401 N. Cattlemen Road, Suite 300, Sarasota. FL 34232, RMarchbanki@dglawyers.com, Igordon(@dglawyers.com, JGadoury @dglawyers.com, Counsel for Domingo E. Galliano, Jr., M.D., Domingo E. Galliano, Jr., P.A. Richard Mangan, Esquire, Kelsey Campbell, Esquire, Rissman Barrett Hurt Donahue McLain & Mangan, 1 N Dale Mabry Highway, Suite 1100, Tampa, FL 33609, Stephanie.Doyle@rissman.com, Counsel for Nandini Kiri, M.D., Nandini Kiri, M.D., P.A. Douglas B. Lumpkin, Esquire, Wicker Smith, 1819 Main Street, Suite 910, Sarasota, FL 34235, DLumpkin@wickersmith.com, JSiohn@wickersmith.com, Counsel for Ahsan Kamal, M.D., Ahsan Kamal, M.D., P.A. and Harbor Medical Group Susanne E. Riedhammer, Esquire, Chimpoulis & Hunter, P.A., 159 South Pine Island Road, Suite 510, Plantation, FL 33324, sriedhammer@chimpoulishunter.com, Counsel for Vance Maloney, 1H, M.D. and Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda Richard Bowers, Esquire, Banker Lopez Gassler P.A., 501 East Kennedy Blvd, Suite 1700, Tampa, FL 33602, service-rbowers@bankerlopez.com, Counsel for Dilendra Weerasinghe, M.D. Jeff Goodis, Esquire, La Cava Jacobson & Goodis, 150 2"! Avenue North, 15" Floor, St. Petersburg, FL 33701, jgoodis@lacavajacobson.com, Counsel for Sovi Joseph, M.D. and Sovi Joseph, M.D., P.A. /s/ Frances G. Prockop Frances G. Prockop, Esq. Florida Bar No.: 727296 Bush Graziano Rice & Platter, P.A. 100 South Ashley Drive, Suite 1400 Tampa, FL 33602 Phone: (813) 228-7000 ~ Fax: (813) 273-0091 Attorney for Defendants, Fawcett Memorial Hospital and Abigail Utech Primary: eservei@’berplaw.com Secondary: Iplvushko@berplaw.com Page 2 of 3 PLAINTIFF'S INTERROGATORIES TO DEFENDANT FAWCETT MEMORIAL H OSPITAL, INC. d/b/a E E FAWCETT MEMORIAL OL HOSPITAL OAL 20. Was there a Root Cause Analysis performed regarding the complications and/or injuries suffered by plaintiff DEBORAH COOPER BERG, resulting from your care and treatment. If so, when was it performed and by who? ANSWER: None known at present. 21, Was there an adverse medical incident report prepared in regard to the injury and/or a complication arising out of your care and treatment of Plaintiff, DEBORAH COOPER BURG? ANSWER: None known at present. Page 3 of 3