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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA
CIVIL DIVISION
DINA BERNICHIO-HUMBERT, | CASE NO.: 22001601CA.
|
Plaintiff, |
Vv.
MARK S. TRACY, D.P.M. and MARK
S. TRACY, D.P.M., P.A.
Defendant.
PLAINTIFF’S PROPOSED EXHIBIT INDEX, WITH EXHIBITS, FOR THE MAY 16,
2 023,
aan HEARING
eee — EEON— ee
PLAINTIFF’S
eee VERIFIFED
eee MOTION
RN TO EA
STRIKE DEFENDANT’S
EN
AFFIRMATIVE DEFENSES AND/OR FOR A MORE DEFINITE STATEMENT
Plaintiff, by and through her undersigned counsel and pursuant to Administrative Order
No. 2.40, serves the following Proposed Exhibit Index, With Exhibits, for the May 16, 2023,
Hearing on Plaintiff's Verified Motion to Strike Defendant’s Affirmative Defenses and/or for a
More Definite Statement:
PROPOSED EXHIBITS:
Plaintiff's Verified Motion to Strike Defendant’s Affirmative Defenses and/or for a More
Definite Statement with Attachments *NOT STIPULATED TO BY DEFENDANT*
Complaint for Damages and Demand for Jury Trial with Attachments *NOT
STIPULATED TO BY DEFENDANT*
Defendants’ Mark S. Tracy, D.P.M., and Mark S. Tracy, D.P.M., P.A., Answer and
Affirmative Defenses to Plaintiff's Complaint *NOT STIPULATED TO BY
DEFENDANT*
CASE LAW
Calero v. Metro Dade County, 787 So. 2d 911 (Fla. 3d DCA 2001)
St. John Med. Plans v. Physician Corp. of Am., 711 So. 2d 1329 (Fla. 3d DCA 1998)
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic mail to
Ralph L. Marchbank, Jr., Esq., of Dickinson & Gibbons, P.A., Attorney for Defendants Mark S.
Tracy, D.P.M., and Mark S. Tracy, D.P.M., P.A., 401 North Cattlemen Road, Suite 300, Sarasota,
FL 34231 at: Rmarchbank@dglawyers.com on this 1° _ day of May, 2023.
AVARD LAW OFFICES, P.A.
Attorneys for Plaintiff
Wr
Michael Sexton
FBN: 0083407
Douglas D. Mohney
FBN: 0997500
Carol Avard
FBN 0884332
P.O. Box 101110
Cape Coral, FL 33910
Telephone: (239) 945-0808
Facsimile: (239) 677-2687
Email: msexton@avardlaw.com
dmohney@avardlaw.com
piwe@avardlaw.com
PLAINTIFF'S PROPOSED EXHIBIT 1
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA
CIVIL DIVISION
DINA BERNICHIO-HUMBERT, | CASE NO.: 22001601CA
|
Plaintiff, |
v. |
MARK S. TRACY, D.P.M. and MARK
S. TRACY, D.P.M., P.A.
Defendant.
|
PLAINTIFF’S VERIFIED MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE
DEFENSES AND/OR FOR A MORE DEFINITE STATEMENT
Plaintiff, by and through her undersigned counsel and pursuant to Florida Rules of Civil
Procedure 1.100(b), 1.120(c), 1.140(b), and 1,150 hereby serves the following Motion to Strike
Defendant’s Affirmative Defenses and/or For a More Definite Statement and alleges:
1. Asto Defendant’s Sixth and Ninth Affirmative Defenses, Plaintiff moves to strike because:
a. The Defendant failed to provide sufficient facts to support the allegations contained
in its Sixth and Ninth Affirmative Defenses and therefore these defenses are not
sufficiently particularized.
Per Florida Rule of Civil Procedure 1.120(c), “denial of performance or occurrence
[of conditions precedent] shall be made specifically and with particularity.”
The intent of this rule is that when the defendant contends that the suit should not
have been brought because the conditions precedent have not been met, the
defendant must be forthcoming with identifying exactly where the problem lies, so
PLAINTIFF'S PROPOSED EXHIBIT 1
that the plaintiffs will have a fair chance to take curative action or address the issue.
Calero v. Metro Dade County, 787 So. 2d 911 (Fla. 3rd DCA 2001).
Defendant’s Affirmative Defenses Six and Nine state simply that the Plaintiff failed
to comply with the mandatory requirements of Chapter 766 and 768, Florida
Statutes and failed to comply with the mandated screening period.
The’ Defendant provides no specific dates or facts to support these conclusory
statements and gives the Plaintiff no chance to take any curative actions or address
the issue. Therefore, these affirmative defenses should be struck or the Defendants
should be ordered to provide a more definite statement.
2. As to Defendant’s Eleventh and Eighteenth Affirmative Defenses, Plaintiff moves to strike
because:
a. The Defendant’s Eleventh and Eighteenth Affirmative Defenses are palpably and
inherently false.
Defendant’s Affirmative Defenses Eleven and Eighteen allege that the Plaintiff's
presuit screening required expert is a neurosurgeon, not an orthopedic surgeon, and
therefore the presuit notice should be treated as improper and the case should be
dismissed.
Pursuant to Florida Rule of Civil Procedure 1.150 in order to justify striking a
pleading as a sham or for being false, it must be so undoubtedly false as not to be
subject to genuine issue of fact. St. John Med. Plans y. Physician Corp. of Am.,
711 So. 2d 1329, 1331 (Fla. 3rd DCA 1998).
The Defendant failed to provide the name or postnominals of the Plaintiff's presuit
screening expert whom he alleges was not qualified. Moreover, the Defendant
PLAINTIFF'S PROPOSED EXHIBIT 1
admits in his answer to Plaintiffs complaint paragraph four that he himself is not
an orthopedic surgeon, but rather a podiatric physician.
If the Defendant had provided the name and postnominals of the Plaintiff's presuit
expert, Andrew M. Belis, D.P.M., it would be readily apparent that he had the exact
same qualifications and credentials as the Defendant Mark S, Tracy, D.P.M.
(attached as Exhibit A - Andrew M. Belis, D.P.M., curriculum vitae and license
verification).
Andrew M. Belis, D.P.M., is a board-certified podiatric physician who practices
podiatry in the State of Florida, just as the Defendant Mark S. Tracy, D.P.M.,
admitted he himself is in his Answer.
Pursuant to Florida Statutes Section 766.102(5)(a)(1) a medical expert is to have
specialized in the same specialty as the health care provider against whom or on
whose benefit the testimony is offered and have devoted professional time the 3
years immediately preceding the date of the occurrence that is the basis for the
action in the active clinical practice of (or consulting with respect to) the same
specialty.
The Defendant’s Eleventh and Eighteenth Affirmative Defenses are palpably,
inherently, and undoubtably false. The Plaintiff's presuit expert is a board-certified
podiatric physician which is the exact same specialty as the Defendant Mark S.
Tracy, D.P.M.
WHEREFORE the Plaintiff Dina Bernichio-Humber requests this honorable court to issue
an order striking the Defendant’s Affirmative Defenses Six, Nine, Eleven, and Eighteen and/or
requiring the Defendants to provide a more definite statement.
PLAINTIFF'S PROPOSED EXHIBIT 1
VERIFICATION CLAUSE
Under penalties of perjury, I declare that I have read the foregoing Verified Motion to
Strike Defendant’s Affirmative Defenses and/or for a More Definite Statement and that the facts
stated in it are true.
VL
Michael Sexton” Esq.
Attorney for Plaintiff
Cc ERTIFICATE OF SERVICE —
I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic mail to
Ralph L. Marchbank, Jr., Esq., of Dickinson & Gibbons, P.A., Attorney for Defendants Mark S.
Tracy, D.P.M., and Mark S. Tracy, D.P.M., P.A., 401 North Cattlemen Road, Suite 300, Sarasota,
FL 34231 at: Rmarchbank@dglawyers.com on this 4 day of March, 2023.
AVARD LAW OFFICES, P.A.
Attorneys for Plaintiff
IM
Michael Sexton
FBN: 0083407
Douglas D. Mohney
FBN: 0997500
Carol Avard
FBN 0884332
P.O, Box 101110
Cape Coral, FL 33910
Telephone: (239) 945-0808
Facsimile: (239) 677-2687
Email: msexton@avardlaw.com
dmohney@avardlaw.com
piwe(@avardlaw.com
PLAINTIFF'S PROPOSED EXHIBIT 1
Exhibit A
AFFIDAVIT OF ANDREW M. BELIS, DPM
STATE OF FLORIDA )
)ss
COUNTY OF LEE )
BEFORE ME the undersigned personally appeared and after being duly sworn
states as follows:
4 My name is, Andrew M. Belis, DPM, and | have personal knowledge of the facts
set forth below:
ama medical expert as contemplated by the Florida Statues § 766.202 (6). lam
a Doctor Podiatric Medicine who specializes in podiatry. A copy of my Curriculum
Vitae is attached hereto.
Ihave had the opportunity to review the follawing medical records. relating fo the
cate ahd treatment of Dina Bernichio (previously Dina Humbert):
Treatment records from Mark S. Tracy, DPM
X-Ray films from Mark Tracy, DPM
Treatment records from Steven R. Anthony, DO
Based upon my review of the above-mentioned records, awareness of my training,
education and experience as a Doctor Podiatric. Medicine, it is my opinion to a
teasonable degree of probabllity that Mark S. Tracy, DPM, deviated from the
podiatric standard of care, with regards to Dina Bernichio, by:
SEE
Apt?
T
5 It Is my opinion that the podiatric standard of care for this case would have
required
PLAINTIFF'S PROPOSED EXHIBIT 1
The care rendered by Mark S. Tracy, DPM, fell below the prevailing podiatric
standards, of care and was a major contributing cause-of:
All of the opinions stated in this Affidavit are expressed within.a reasonable degree
of medical and/or clinical probability and are based on my education, training,
experience. and a review of the medical records. reflecting the care. and treatment
rendefed to Cynthia Newcomb.
| have never been disqualified as a medical expert witness by any Court of law nor
have any of my opinions been disqualified.
FURTHER AFFIANT SAYETH NAUGHT.
of Lf
_Pr Afdrgw M. Belis
Sworn to and subscribed before me on‘this at Say of May J__, 2022,
Notary Public:
vent Olay
My Commissi ion Expired:
NOTARY SEAL
of a
ble ste& HH 175079
vty‘Commission
‘My Comm, Expires Jan 2, 2026
‘Bonded through Natfonal Notary Assn
PLAINTIFF'S PROPOSED EXHIBIT 1
Based upon my review of the above-mentioned records, awareness of my training, education
and experience as a Doctor of Podiatric Medicine, it is my opinion to a reasonable degree of
probability that Mark S. Tracy DPM deviated from the podiatric standard of care with regards
to Dina Bernichio by the following:
In regard to the procedure choice of the 15 toe joint (simple explantation of the metallic
implant):
Simple explantation of the metallic implant around the first toe joint is primarily used in
@ staged procedure to sample tissue and bone to ensure that a revision procedure is acceptable,
Simple removal would be acceptable if there was not excessive shortening of the metatarsal, in
this situation, the implant was very large and its removal caused a significant shortening of the
1 metatarsal length.
Staged removal and reconstruction would have been an appropriate option and would
adhere to standard of care, however, no mention of staging this procedure was indicated, In
this situation, no discussion about further surgery around the first toe joint was discussed and
no revision implant or fusion was offered.
Overload of the 2 metatarsal should have been expected due to the fact that the
patient was having overload and plantar plate tearing of the second metatarsal joint from its
relative length compared to the shorter first metatarsal. Standard of care would have been to
perform a primary first toe joint fusion or a staged procedure (leading to an eventual fusion or
less commonly a revision implant) as a long-term correction for this deformity,
In regards to the 2" toe joint surgery:
Appropriate correction of the plantar plate ligament and hammer toe was documented
and performed based on the operative note and xrays. This portion of the surgery did not
deviate from standard of care.
The decision not to perform and osteotomy to offload the second metatarsal was a
breach of care in this situation, mostly due to the effective shortening of the 1* metatarsal from
the implant removal,
In regards to the fourth toe surgery:
Arthrodesis of the PIPJ fourth toe for hammertoe is not a deviation from standard of
care.
It is my opinion that the podiatric standard of care for this case would have required:
1 Toe Surgery:
One of two options:
1. Staging of the removal of the first toe joint implant, with bone biopsy and cultures to
ensure no infection or abnormal pathology, and subsequential implantation of a joint
spacer or fusion of the 1% toe with bone graft and internal fixation. (or)
2. Primary hardware removal and joint fusion with bone graft and internal fixation,
Moll
PLAINTIFF'S PROPOSED EXHIBIT 1
2" toe Joint Surgery:
Hammertoe repair and second plantar plate ligament repair was performed
appropriately and per standard of care. In this case, shortening the second metatarsal is the
standard of care, especially given a shortened first metatarsal.
With regard to a plantar incision approach, this option is within the standard of care.
4" toe surgery:
Arthrodesls is an acceptable option for standard of care in this case, an alternative
solution would have been arthroplasty. Pinning the toe is also appropriate. In this case, the
extensor tendon was repaired so balancing this with a flexor tendon lengthening is not always
needed. If, however, the extensor tendon was lengthened, then releasing the flexor tendon
additionally would help balance the toe and prevent recurrence. Either option is within the
standard of care.
The care rendered by mark as Tracy DPM fell below the prevailing podiatric standards of care
and was a major contributing cause of:
Continue joint stiffness and contracture deformity of first toe joint, continued metatarsalgia
symptoms and pain underneath the second toe joint, and recurring deviation of the second toe
joint, and need for revision surgery of the 15t and 2"4 toes.
Ah ll
PLAINTIFF'S PROPOSED EXHIBIT 1
nec teene
Andrew M: Belis, DPM
Office: 12670 Creekside Lane, 3“ Floor, Fort Myers, FL 33919
(239) 482-2663 office + (239) 482-7585 fax * (239) 699-1356 cell + dr.belis@ocfla.net
Clinical Experlence
FLORIDA STATE UNIVERSITY
« Faculty, Family Medicine Residency Program
© Associate Faculty June 2014 — Present
LEE MEMORIAL MEDICAL SYSTEM STAFF
* Lee Memorial Hospital, Cape Coral Hospital, Healthpark Medical Center, Gulf Coast
Hospital
° Attending Physician: July 1999 — Present
o Cape Coral Hospital Ethics Committee
ORTHOPEDIC CENTER OF FLORIDA, Fort Myers, FL
* Foot and Ankle Surgeon, Multispecialty Group Practice June 2008 — Present
o Owner/ Partner
o Board of Directors, Treasurer
FOOT & ANKLE CENTER, Cape Coral, FL.
* Foot and Ankle Surgeon, Private Practice July 2002 — June 2008
o Owner/Partner
GREATER BALTIMORE MEDICAL CENTER, Baltimore, MD
+ Podiatric Surgical Residency (PSR - 24) July 2000 — June 2002
o Chief Resident, Graduate Medical Education Committee, Multidisciplinary
Reconstructive Rearfoot and Ankle Training, Comprehensive Diabetic Wound Care
and Limb Salvage, Wound Care Center, Lecturer, Baltimore Podiatric Residency
Meeting
WYCKOFF HEIGHTS MEDICAL CENTER, Brooklyn, NY
* Primary Podiatric Medical Residency (PPMR) July 1999 —June 2000
© Pediatric Emergency Room and Pediatric Clinic, Trauma, Plastic Surgery,
Orthopedic Surgery, Vascular Surgery, Internal Medicine, ER, General Surgery,
Anesthesiology, Physical Medicine and Rehabilitation, Pathology, Podiatry
FRANKFORD HOSPITAL; Hamniington, NI October 1998
SAINT AGNES HOSPITAL; Philadelphia, PA September 1998
SOUTH MIAMI HOSPITAL; Miami, FL August 1998
MOUNT SINAI MEDICAL CENTER; Hartford, June 1998
PRIVATE PRACTICE; Dr. Marc Kitrosser, West Patterson, NJ March 1998
VAMC — NORTHPORT; Northport, NY February 1998
PLAINTIFF'S PROPOSED EXHIBIT 1
Education :
MEDICI NE, Philadel phia, PA
‘TEMPLE UNIVERSITY, SCHOOL OF PODIATRIC
September 1995-June 1999
* Doctorate in Podiatric Medicine (D.P.M.)
° Scholarship: Dr. Louis and Ruth Newman in Surgical Excellence
° Layout Editor and Author: “Instep” Student Scientific Journal
° President, Radiology Club
° Class Treasurer
° Curriculum Evaluation Committee
Boston, MA
BOSTON UNIVERSITY, SCHOOL OF ALLIED HEALTH PROFESSIONS,
September 1991-June 1995
© Bachelor of Science in Human Physiology (B.S.)
co Exercise Tolerance Testing Technician
o Exercise Physiologist for Cardiac Rehabilitation
o Tau Kappa Epsilon Fraternity
HICKSVILLE HIGH SCHOOL, Hicksville, NY
© High School Diploma, Honor Student September 1987-June 1991
o Football, Marching Band, Choir, Drama Club
Consulting
Arthrex (Medical Devices and Implants), Naples, FL
* Consultant Surgeon and Faculty Instructor
2011 — Current
Pamlab (Metanx), Covington, LA.
* Consultant and Physician Lecturer 2012 - 2013
Bioventus (Ultrasound), Durham, NC
. Consultant and Physician Instructor 2012 - 2014
Cortiiclions
. TORNIER Total Ankle Replacement September 2010
© DEPUY “AGILITY” Total Ankle Replacement June 2009
January 2014
© BIOMET Orthopedic Skills Academy
October 2015
* STRYKER STAR Total Ankle Certification
Language
+ English — Native Language
* Spanish — Semi-fluent
. Greek
— Semi-fluent
PLAINTIFF'S PROPOSED EXHIBIT 1
Assoctation Membership and Certification
MERICAN BOARD OF FOOT AND ANKLE SURGERY (ABFAS)
¢ Foot Surgery September 1, 2006 (certificate #7247)
© Reconstructive Rearfoot & Ankle Surgery September 1, 2008 (certificate #7826)
AMERICAN SOCIETY OF PODIATRIC SURGEONS (ASPS)
. Founding Member 2008
. Board ofDirectors 2012 — Current
. Speakers’ Bureau Co-Chair 2014 - Current
. Treasurer 2014 — Current
AMERICAN COLLEGE OF FOOT AND ANKLE SURGEONS (ACFAS)
+ Fellowship Status October 1, 2006 (certificate #06-059)
AMERICAN ACADEMY OF PODIATRIC PRACTICE MANAGEMENT (AAPPM)
+ Active Member 2014 — Current
AMERICAN COLLEGE OF FOOT AND ANKLE PEDIATRICS (ACFAP)
° Member 2014 — Current
WLORDDA PODIATRIC MEDICAL ASSOCIATION (FPMA)
* Lee County Representative 2011 - 2012
. Lee County Component President 2012 — Current
. Executive Committee: Secretary, FPMA 2015
. Executive Committee: Second Vice President, FPMA 2016 - Current
Committees:
° Nomination Committee 2014
° Chairman, New Member Committee 2014 - Current
° Membership Development Committee 2014 ~ Current
Ethics & Grievance Committee 2016
PLAINTIFF'S PROPOSED EXHIBIT 1
LEE COUNTY PODIATRIC MEDICAL SOCIETY
* President 2012 — Current
* Vice President 2010 — 2012
AMURICAN DIABETES ASSOCIATION
* Professional Member (002005352) 2012 — Current
Achievements
Orthopedic Center of Florida (OCF), Fort Myers, FL
. Board ofDirectors; Treasurer 2012 — Current
© Founder, Neuropathy Center @ OCF 2015 — Current
Florida Tarpon Arena Football Team, Estero, FL.
. Team Physician 2011 — 2012
Gladiolus Surgery Center, Fort Myers, FL
* Board of Directors 2011 — Current
Annunciation Greek Orthodox Church, Fort Myers, FL
* Board of Directors: Member at Large 2009 — 2010
* Board of Directors: Secretary 2010 — 2011
. Greek Festival: Operations Co-Lead 2010 — Current
March of Dimes Walk America
. Medical Volunteer
Boston Marathon
. Medical Volunteer
Poblications and Paperg:
Foot and Ankle Specialist
. Guest Editor 2012- Present
INSTEP Journal
« “Partite Tibial Sesamoids and Clinical Symptoms”: INSTEP 16(2): 50-2.
2
* “Bone Resecting Instrumentation and Techniques in Digital Arthroplasty’
INSTEP 17(1):25-8.
Original Articles
. “Liposarcoma in the Lower Extremity” A Case Study
. “Venous Leiomyoma in a Toe: A Case Study”
a dancer”
. “Comparison of Open Brostrom Gould vs. Arthroscopic Brostrom in
“A Modified technique for plantar plate repair”
4
PLAINTIFF'S PROPOSED EXHIBIT 1
“Comparison of Open Lateral Ligament Repair vs. arthroscopic lateral ligament
repair”
“Opening Base Wedge Osteotomy in 1" Metatarsal”
“Free Fibular Graft for Reconstruction in I Metatarsal Osteomyelitis”
“Double Osteotomy for Bunion and Hallux Valgus Correction”
‘Special Projects
. Coughlin M: Texthook of Foot and Ankle Surgery
o Video Demonstration: Flexor Digitorum Longus Tendon Transfer Technique Using
Biotenodesis Screw Fixation
Arthrex Collaboration
° Contributing to creating modified TightRope technique for bunion correction without
osteotomy
Contributing to design modification of TightRope with FiberTape for use in 1" inter-
metatarsal correction
Faculty contributor for designing Arthro-Brostrom (arthroscopic Brostrom) kit
Testing and feedback for CPR (Complete Plantar Plate Repair Kit) for Arthrex
One of first surgeons in the country to utilize and test Arthrex “Mini-scorpion” device
for plantar plate repair
One of first few surgeons in country to utilize plantar plate for fusion of 1" tarsal-
metatarsal joint
Surgeon Feedback for Midfoot Plating System (Developmental Stages)
Surgeon Feedback for Calcaneal Fracture Plating System
Surgeon Feedback for Ankle Fusion Plating System
Baculty Instructor/Lecturing
* Physician Lectare: Howard County Medical Society, Fort Lauderdale, FL
o August 11", 2016
= Exogen and Bone Stimulation
© Physician Lecture: Foot and Ankle Technology Innovation Forum, Carlsbad, CA
o April 22" and 23", 2016
= Lecture: Hallux Valgus: Mild to Moderate
. CME Lecturer: Florida Podiatric Medical Association Science & Management Symposium
(SAM), Orlando FL
o January 16", 2016
™ Lecture: 2" MPI Syndrome — Understanding the Condition and Current
Treatment Options
PLAINTIFF'S PROPOSED EXHIBIT 1
Lecture: Lapidus Bunionectomy (and doing it right!)
«
« Lecture: Ankle Arthroscopy and More
ce, Valley
CME Lecture: William L. Goldfarb Foundation 43" Annual Clinical Conferen
Forge, PA
o November 7th, 2015
= Lecture: 2"! MPJ Syndrome — Understanding the Condition and Current
Treatment Options
Current Concepts and Treatment Standards in Osteomyelitis
= Lecture:
Meeting,
CME Lecture: American Society of Podiatric Surgeons Annual Scientific
Baltimore MD
o September 12th, 2015
. Lecture: Use of Ankle Arthroscopy in Lateral Ligament Pathology
. Lecture: Primary Repair of Lateral Ankle Ligament with Suture and Bone
Anchors
. Lecture: Arthroscopic Repair of Lateral Ankle Ligament
. Lecture: Primary Repair of Lateral Ankle Ligaments with Internal Brace
. Lecture: Secondary Lateral Ankle Ligament Repair with Autograft
. Lecture: Secondary Lateral Ankle Ligament Repair with Allograft
Scientific
Physician Moderator: APMA (American Podiatric Medical Association) National
Meeting, Orlando, FL
o July 26, 2015
® Moderator: Biomechanics/Sports Medicine Track
= Moderator: Pain Management Track
ty,
Expert Panel: Flatfoot Physician Lecturer: East Coast Advanced Ankle Instabili
Arthroscopy and Sports Injuries Sympos ium, Naples, FL (Arthre x)
o January 30-31, 2015
. PIPJ Arthrodesis, Flexor to Extensor Transfer
. Expert Panel: Flatfoot Spring Ligament Reconstruction and Support
. Achilles Tendon Insertion Injuries (Speedbridge)
« Cadaver Lab Instructor
Myers, FL
Physician Lecturer: FSU Family Medicine Residency Program, Fort
o October 21, 2014
. Top 10 Foot and Ankle Conditions — What You Need to Know!
Physician Lecturer: Discovery Villages, Fort Myers FL
o June 18, 2014
. Diabetes and Foot Care
CME Physician Lecturer: Lee Memorial Medical Center, Fort Myers
6
PLAINTIFF'S PROPOSED EXHIBIT 1
o June 11, 2014
. Top 10 Foot and Ankle Conditions - What You Need to Know!
CME Physician Lecturer: University of Pittsburg Medical Center/American Society of
Podiatric Surgeons — Surgical Conference, Pittsburg PA
o June 6-7, 2014
«Bone Stimulators and Bone Stimulation Technology
Physician Lecturer: The Washington State Podiatric Medical Association Annual
Meeting and Scientific Seminar for 2014, Washington
o April 12, 2014
« Bone Stimulation Technology
Surgeon Lecturer: Masters Course in Open Foot and Ankle Surgery; St. Louis, MO
o January 25, 2014
. Bunion Repair and Hallux Varus
. Arthrobrostrom — Lateral Ankle Instability
. Mid-Substance Tears — PARS Technique
. Syndesmotic Repair
CME Lecturer: Science and Management Symposium (SAM); Orlando, FL
o January 15-19, 2014
« ASPS Cadaver Workshop Proctor/Educator
= ASPS Track; Flatfoot and Cavus Reconstruction
. Ankle Fracture and Syndesmosis
Foot and Ankle/Orthopedic Trauma Faculty Forum; Naples, FL
o October 19, 2013
. Complete Plantar Plate Repair
Surgeon CME Lecturer: Steel Foot/Lehigh Valley Foot and Ankle Society; Bethlehem,
PA
o October 5, 2013
* Complete Plantar Plate Repair
Surgeon CME Lecturer: FPMA Conference; Captiva, FL
o June 14-16, 2013
. Plantar Plate Repair
. Opening Base Wedge Osteotomy for Correction of Bunion
= Lateral Ankle Ligament Repair- Open and Arthroscopic Technique
Surgeon CME Lecturer: ASPS Inaugural Conference / UPMC; Pittsburgh, PA
o June 7 & 8, 2013
. Bone Stimulators and Non-Invasive Bone Healing Technology
7
PLAINTIFF'S PROPOSED EXHIBIT 1
Surgeon Lecturer: Advanced Ankle Instability, Arthroscopy &Sports Injuries Course;
Naples, FL
o May 17 & 18, 2013
. Live Demo: Plantar Plate Repair
« Advances in Hallux Valgus and Varus
” Wet Lab Instructor
Surgeon Lecturer: ACFAS Regional Meeting Lecturer; Marriotsville, MD
o April 26 & 27, 2013
« Advanced Technologies in Foot and Ankle Surgery:
. Complete Plantar Plate Repair
. Ankle Instability: Internal Brace, Brostrom, Suture Bridge and Lateral
Ankle Reconstruction
. Achilles Tendon Repair: Speedbridge, PARS, FHL Augmentation
. Wet Lab Instructor
Surgeon CME Lecturer: Lee Memorial Health System; Fort Myers, FL
o February 12, 2013
“ Osteomyelitis: Diagnostic and Therapeutic Treatment Options(Surgical and
Non-Surgical) to Improve Limb Salvage
Surgeon Instructor: Gemini Medical Podiatric Surgery Course; Naples, FL (Arthrex)
o January 13-14, 2013
. I' MPJ Pathology: When to fuse, Why a plate?
. Open Double Row Modified Brostrom-Gould procedure
. Anatomic reconstruction of lateral ankle ligaments
. Surgical management of insertional Achilles pathology and Haglund’s
deformity
Speaker/Trainer: Sales and Marketing Team for Bioventus (Atlanta, GA)
o November 12-13, 2012
. Ultrasound in Podiatry
Speaker: Kansas City Podiatry Association (Kansas City)
o September 29" 2012
. “Ankle Arthroscopy and More (Arthroscopic Brostrom)” — 1 hour lecture
x “Balancing Forefoot Surgery (Plantar Plate Repair)” — 1 hour lecture
Surgeon Instructor Representing ASPS; American Podiatric Medical Association’s
2012 Annual Scientific Meeting (Washington, DC)
o August 16-19" 2012
PLAINTIFF'S PROPOSED EXHIBIT 1
. “Ankle Arthroscopy and Joint Derangement”
« Ankle Arthroscopy Cadaver Lab
Surgeon Instructor: Advanced Ankle Instability, Arthroscopy and Sports Injuries
Course: Naples, FL (Arthrex)
o July 27 and 28, 2012
. “Ankle Arthroscopy: Indications, Set-Up, Portals and Anterior
Decompression”
. “Advances in Hallux Valgus and Varus Deformities”
. Surgeon Instructor for Cadaver Lab
. Live Demo for Hallux Valgus and Plaple
Surgeon Instructor: Florida Podiatric Meeting Workshop: Naples, FL (Arthrex)
o June 21, 2012
. “Achilles Insertional Pathology”
. “Midsubstance Achilles Repair — Percutaneus Repair with PARS”
. “Plantar Plate Repair”
. “Bunion and Hallux Varus”
. “Hallux Rigidus”
. Surgeon Instructor for Cadaver Lab
Live Webinar
o May 19, 2012
«Proximal Opening Wedge Ostectomies, Plating & The Mini Tightrope for
Bunions
Speaker: Metanx in Primary Care Medicine (IMA), Fort Myers, FL (Pamlab)
o April 24, 2012
* Surgeon Instructor: Foot and Ankle Course: Miami Anatomical Research Center,
Miami, FL (Arthrex)
o March 24, 2012 ‘
. “Current Concepts for Achilles Insertional Pathology”
. “Current Concepts for Achilles Tendon Repair — PARS Device”
. “Current Concepts in Bunion Repair and Hallux Valgus”
. “Current Concepts in Hammertoe Repair and Plantar Plate Tears”
. “Current Concepts in Lateral Ankle Ligament Reconstruction”
” “Current Concepts in Posterior Tibial Tendon Dysfunction Repair”
. Surgeon Instructor for Cadaver Lab
* Surgeon Instructor: Advanced Ankle Instability, Arthroscopy and Sports Injuries
Course: Naples, FL (Arthrex)
o January 13 & 14, 2012
PLAINTIFF'S PROPOSED EXHIBIT 1
. “Plantar Plate Repair”
= Surgeon Instructor for Cadaver Lab
Speaker: Metanx in Primary Care Medicine, Fort Myers, FL (Pamlab)
o November 18, 2011
Surgeon Instructor: Master’s Course in Foot & Ankle Surgery: Naples, FL (Arthrex)
o August 20, 2011
. “Ankle Fracture and Syndesmosis Repair”
. “Hammertoe and Clawtoe Repair”
= Surgeon Instructor for Cadaver Lab
Surgeon Instructor: Master’s Course in Foot & Ankle Surgery: Chicago, IL (Arthrex)
o August 6", 2011
. “Ankle Instability and Surgical Correction”
. “Hallux Limitus”
. Hammertoe and Clawtoe Repair”
* Surgeon Instructor for Cadaver Lab
Faculty: 2"4 North American Foot & Ankle Symposium: Naples, FL (Arthrex)
o June 24" 8 25", 2011
. “Syndesmosis Injuries”
= Surgeon Instructor for Cadaver Lab
Surgeon Instructor: Advanced Ankle Instability, Ankle Arthroscopy, and Sports
Injuries Course: Naples, FL (Arthrex)
o June 3% & 4", 2011
. “Posterior Ankle Arthroscopy”
«Surgeon Instructor for Cadaver Lab
Surgeon Instructor: 5 Annual R&M Podiatry Lab, Technological Advancements in
Foot Surgery; Milwaukee, Wisconsin (Arthrex)
o January 29", 2011
. “Opening Base Wedge Osteotomy for Bunion Correction”
. “Achilles Pathology and Treatment”
” “Ankle Fractures”
. “Ankle Instability”
. Surgeon Instructor for Cadaver Lab
Key Surgeon Instructor: Arkansas Podiatric Medical Society; Arkansas (Arthrex)
© September 2"%, 2010
” “Achilles Insertional Pathology”
. “Autogenous Conditioned Plasma”
10
PLAINTIFF'S PROPOSED EXHIBIT 1
“Ankle Fractures”
“Ankle Instability”
“Flatfoot Surgical Options”
“Hallux Rigidus”
“Hallux Valgus”
“Hallux Varus”
“Jones Fracture Repair Options”
“Lesser toe deformity”
"Lisfranc Injury and Role of Tightrope”
« “Metatarsalgia”
. Surgeon Instructor for Cadaver Lab
. Faculty. North American Foot & Ankle Faculty Symposium; Naples, FL (Arthrex)
o June 11" & 12", 2010
™ “Calcaneal Fractures”
. Surgeon Instructor for Cadaver Lab
© Surgeon Instructor: Foot & Ankle Road Show; Long Island, NY (Arthrex)
o .May 8 2010
. Surgeon Instructor for Cadaver Lab
11
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PLAINTIFF'S PROPOSED EXHIBIT 1
Department of Health
HEALTH
ANDREW M BELIS
License Number: PO2995
Profession Podiatric Physician
@ License Status CLEAR/ACTIVE
Year Began Practicing Not Provided
License Expiration Date 03/31/2024
© Controlled Substance Yes
Prescriber (for the
Treatment of Chronic Non-
malignant Pain)
Primary Practice Address
ANDREW M BELIS
12670 CREEKSIDE LANE
SUITE 202
FORT MYERS, FL 33919
Medicaid
This practitioner does NOT participate in the Medicaid program
Staff Privileges
This practitioner currently holds staff privileges at the following hospital/medical/health institutions:
Institution Name City State
LEE MEMORIAL HOSPITAL FT MYERS FLORIDA
GULF COAST MEDICAL CENTER FT MYERS FLORIDA
CAPE CORAL HOSPITAL FORT MYERS. FLORIDA
Email Address
Please contact at: dr.belis@ocfla.net
Other State Licenses
This practitioner has indicated the following additional state licensure
State Profession
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PLAINTIFF'S PROPOSED EXHIBIT 1
State Profession
FLORIDA PODIATRTY
Florida Birth-Related Neurological Injury Compensation Association
If you are a Florida Allopathic (MD) or Osteopathic (DO) Physician, you are required to provide proof of payment of
the Florida Birth-Related Neurological Injury Compensation Association (NICA) assessment as required by section
766,314, Florida Statutes, Payment of the initial and annual assessment are required of all Florida Allopathic and
Osteopathic Physicians who do not qualify for an exemption as set forth in section 766.314(4)(b)4, Florida
Statutes.
This practitioner has not indicated whether he/she has submitted payment of the assessment.
Education and Training
Institution Name Degree Title Dates of Attendance Graduation Date
TEMPLE UNIV SCH OF POD MED DPM 1/1/1995 - 6/1/1999 06/01/1999
Other Health Related Degrees
This practitioner has completed the following other health related degrees:
Dates Attended Dates Attended
School/University City State/Country From To Degree Title
BOSTON BOSTON MASSACHUSETTS 09/01/1991 06/01/1995 BS - BACHELOR OF
UNIVERSITY SCIENCE
Professional and Postgraduate Training
This practitioner has completed the following graduate medical education:
Other Dates Dates
Program Program Specialty State or Attended Attended
Name Type Specialty Area Area City Country From To
WYCKOFF INTERNSHIP PIR - PODIATRIC BROOKLYN NEW YORK 01/01/1999 01/01/2000
HEIGHTS INTERNSHIP/RESIDENCY
MEDICAL
CENTER
GREATER OTHER OTHER SURGERY BALTIMORE MARYLAND 01/01/2000. 01/01/2002
BALTIMORE PROGRAM (PODIATRIC)
MEDICAL
CENTER
Graduate Medical Education
This practitioner has not had the responsibility for graduate medical education within the last 10 years.
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PLAINTIFF'S PROPOSED EXHIBIT 1
Academic Appointments
This practitioner does not currently hold faculty appointments at any medical/health related institutions of
higher learning.
Specialty Certification
This practitioner holds the following certifications from specialty boards recognized by the Florida board which
regulates the profession for which he/she is licensed
Specialty Board Certification
AMERICAN BOARD OF PODIATRIC SURGERY FOOT AND ANKLE SURGERY
Financial Responsibility
| have obtained and will maintain professional liability coverage in an amount not less than $50,000 from an
authorized insurer as defined under section 624.09, F.S., from an eligible surplus lines insurer as defined under
s. 629.914(2), F.S., from a risk retention group as defined under s. 627.942, F.S., from the Joint Underwriting
Association established under s. 627,351(4), F.S., or through a plan of self-insurance as provided in s. 627.357,
ES.
Proceedings & Actions
Criminal Offenses
The criminal history information, if any exists, may be incomplete; federal criminal history information is not
available to the public. Information is verified by the Department at the time of ial licensure and renewal.
This practitioner has indicated that he/she has no criminal offenses required to be published on this profile.
Medicaid Sanctions and Terminations
This practitioner has not been sanctioned or terminated for cause from the Medicaid program
Final Disciplinary Actions Reported by the Department of Health within the last 10 years:
The information below is self reported by the practitioner.
Final disciplinary action taken by a specialty board within the last 10 years:
Preview
IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA CIVIL DIVISION DINA BERNICHIO-HUMBERT, | CASE NO.: 22001601CA. | Plaintiff, | Vv. MARK S. TRACY, D.P.M. and MARK S. TRACY, D.P.M., P.A. Defendant. PLAINTIFF’S PROPOSED EXHIBIT INDEX, WITH EXHIBITS, FOR THE MAY 16, 2 023, aan HEARING eee — EEON— ee PLAINTIFF’S eee VERIFIFED eee MOTION RN TO EA STRIKE DEFENDANT’S EN AFFIRMATIVE DEFENSES AND/OR FOR A MORE DEFINITE STATEMENT Plaintiff, by and through her undersigned counsel and pursuant to Administrative Order No. 2.40, serves the following Proposed Exhibit Index, With Exhibits, for the May 16, 2023, Hearing on Plaintiff's Verified Motion to Strike Defendant’s Affirmative Defenses and/or for a More Definite Statement: PROPOSED EXHIBITS: Plaintiff's Verified Motion to Strike Defendant’s Affirmative Defenses and/or for a More Definite Statement with Attachments *NOT STIPULATED TO BY DEFENDANT* Complaint for Damages and Demand for Jury Trial with Attachments *NOT STIPULATED TO BY DEFENDANT* Defendants’ Mark S. Tracy, D.P.M., and Mark S. Tracy, D.P.M., P.A., Answer and Affirmative Defenses to Plaintiff's Complaint *NOT STIPULATED TO BY DEFENDANT* CASE LAW Calero v. Metro Dade County, 787 So. 2d 911 (Fla. 3d DCA 2001) St. John Med. Plans v. Physician Corp. of Am., 711 So. 2d 1329 (Fla. 3d DCA 1998) CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic mail to Ralph L. Marchbank, Jr., Esq., of Dickinson & Gibbons, P.A., Attorney for Defendants Mark S. Tracy, D.P.M., and Mark S. Tracy, D.P.M., P.A., 401 North Cattlemen Road, Suite 300, Sarasota, FL 34231 at: Rmarchbank@dglawyers.com on this 1° _ day of May, 2023. AVARD LAW OFFICES, P.A. Attorneys for Plaintiff Wr Michael Sexton FBN: 0083407 Douglas D. Mohney FBN: 0997500 Carol Avard FBN 0884332 P.O. Box 101110 Cape Coral, FL 33910 Telephone: (239) 945-0808 Facsimile: (239) 677-2687 Email: msexton@avardlaw.com dmohney@avardlaw.com piwe@avardlaw.com PLAINTIFF'S PROPOSED EXHIBIT 1 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, STATE OF FLORIDA CIVIL DIVISION DINA BERNICHIO-HUMBERT, | CASE NO.: 22001601CA | Plaintiff, | v. | MARK S. TRACY, D.P.M. and MARK S. TRACY, D.P.M., P.A. Defendant. | PLAINTIFF’S VERIFIED MOTION TO STRIKE DEFENDANT’S AFFIRMATIVE DEFENSES AND/OR FOR A MORE DEFINITE STATEMENT Plaintiff, by and through her undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.100(b), 1.120(c), 1.140(b), and 1,150 hereby serves the following Motion to Strike Defendant’s Affirmative Defenses and/or For a More Definite Statement and alleges: 1. Asto Defendant’s Sixth and Ninth Affirmative Defenses, Plaintiff moves to strike because: a. The Defendant failed to provide sufficient facts to support the allegations contained in its Sixth and Ninth Affirmative Defenses and therefore these defenses are not sufficiently particularized. Per Florida Rule of Civil Procedure 1.120(c), “denial of performance or occurrence [of conditions precedent] shall be made specifically and with particularity.” The intent of this rule is that when the defendant contends that the suit should not have been brought because the conditions precedent have not been met, the defendant must be forthcoming with identifying exactly where the problem lies, so PLAINTIFF'S PROPOSED EXHIBIT 1 that the plaintiffs will have a fair chance to take curative action or address the issue. Calero v. Metro Dade County, 787 So. 2d 911 (Fla. 3rd DCA 2001). Defendant’s Affirmative Defenses Six and Nine state simply that the Plaintiff failed to comply with the mandatory requirements of Chapter 766 and 768, Florida Statutes and failed to comply with the mandated screening period. The’ Defendant provides no specific dates or facts to support these conclusory statements and gives the Plaintiff no chance to take any curative actions or address the issue. Therefore, these affirmative defenses should be struck or the Defendants should be ordered to provide a more definite statement. 2. As to Defendant’s Eleventh and Eighteenth Affirmative Defenses, Plaintiff moves to strike because: a. The Defendant’s Eleventh and Eighteenth Affirmative Defenses are palpably and inherently false. Defendant’s Affirmative Defenses Eleven and Eighteen allege that the Plaintiff's presuit screening required expert is a neurosurgeon, not an orthopedic surgeon, and therefore the presuit notice should be treated as improper and the case should be dismissed. Pursuant to Florida Rule of Civil Procedure 1.150 in order to justify striking a pleading as a sham or for being false, it must be so undoubtedly false as not to be subject to genuine issue of fact. St. John Med. Plans y. Physician Corp. of Am., 711 So. 2d 1329, 1331 (Fla. 3rd DCA 1998). The Defendant failed to provide the name or postnominals of the Plaintiff's presuit screening expert whom he alleges was not qualified. Moreover, the Defendant PLAINTIFF'S PROPOSED EXHIBIT 1 admits in his answer to Plaintiffs complaint paragraph four that he himself is not an orthopedic surgeon, but rather a podiatric physician. If the Defendant had provided the name and postnominals of the Plaintiff's presuit expert, Andrew M. Belis, D.P.M., it would be readily apparent that he had the exact same qualifications and credentials as the Defendant Mark S, Tracy, D.P.M. (attached as Exhibit A - Andrew M. Belis, D.P.M., curriculum vitae and license verification). Andrew M. Belis, D.P.M., is a board-certified podiatric physician who practices podiatry in the State of Florida, just as the Defendant Mark S. Tracy, D.P.M., admitted he himself is in his Answer. Pursuant to Florida Statutes Section 766.102(5)(a)(1) a medical expert is to have specialized in the same specialty as the health care provider against whom or on whose benefit the testimony is offered and have devoted professional time the 3 years immediately preceding the date of the occurrence that is the basis for the action in the active clinical practice of (or consulting with respect to) the same specialty. The Defendant’s Eleventh and Eighteenth Affirmative Defenses are palpably, inherently, and undoubtably false. The Plaintiff's presuit expert is a board-certified podiatric physician which is the exact same specialty as the Defendant Mark S. Tracy, D.P.M. WHEREFORE the Plaintiff Dina Bernichio-Humber requests this honorable court to issue an order striking the Defendant’s Affirmative Defenses Six, Nine, Eleven, and Eighteen and/or requiring the Defendants to provide a more definite statement. PLAINTIFF'S PROPOSED EXHIBIT 1 VERIFICATION CLAUSE Under penalties of perjury, I declare that I have read the foregoing Verified Motion to Strike Defendant’s Affirmative Defenses and/or for a More Definite Statement and that the facts stated in it are true. VL Michael Sexton” Esq. Attorney for Plaintiff Cc ERTIFICATE OF SERVICE — I HEREBY CERTIFY that a copy of the foregoing has been furnished by electronic mail to Ralph L. Marchbank, Jr., Esq., of Dickinson & Gibbons, P.A., Attorney for Defendants Mark S. Tracy, D.P.M., and Mark S. Tracy, D.P.M., P.A., 401 North Cattlemen Road, Suite 300, Sarasota, FL 34231 at: Rmarchbank@dglawyers.com on this 4 day of March, 2023. AVARD LAW OFFICES, P.A. Attorneys for Plaintiff IM Michael Sexton FBN: 0083407 Douglas D. Mohney FBN: 0997500 Carol Avard FBN 0884332 P.O, Box 101110 Cape Coral, FL 33910 Telephone: (239) 945-0808 Facsimile: (239) 677-2687 Email: msexton@avardlaw.com dmohney@avardlaw.com piwe(@avardlaw.com PLAINTIFF'S PROPOSED EXHIBIT 1 Exhibit A AFFIDAVIT OF ANDREW M. BELIS, DPM STATE OF FLORIDA ) )ss COUNTY OF LEE ) BEFORE ME the undersigned personally appeared and after being duly sworn states as follows: 4 My name is, Andrew M. Belis, DPM, and | have personal knowledge of the facts set forth below: ama medical expert as contemplated by the Florida Statues § 766.202 (6). lam a Doctor Podiatric Medicine who specializes in podiatry. A copy of my Curriculum Vitae is attached hereto. Ihave had the opportunity to review the follawing medical records. relating fo the cate ahd treatment of Dina Bernichio (previously Dina Humbert): Treatment records from Mark S. Tracy, DPM X-Ray films from Mark Tracy, DPM Treatment records from Steven R. Anthony, DO Based upon my review of the above-mentioned records, awareness of my training, education and experience as a Doctor Podiatric. Medicine, it is my opinion to a teasonable degree of probabllity that Mark S. Tracy, DPM, deviated from the podiatric standard of care, with regards to Dina Bernichio, by: SEE Apt? T 5 It Is my opinion that the podiatric standard of care for this case would have required PLAINTIFF'S PROPOSED EXHIBIT 1 The care rendered by Mark S. Tracy, DPM, fell below the prevailing podiatric standards, of care and was a major contributing cause-of: All of the opinions stated in this Affidavit are expressed within.a reasonable degree of medical and/or clinical probability and are based on my education, training, experience. and a review of the medical records. reflecting the care. and treatment rendefed to Cynthia Newcomb. | have never been disqualified as a medical expert witness by any Court of law nor have any of my opinions been disqualified. FURTHER AFFIANT SAYETH NAUGHT. of Lf _Pr Afdrgw M. Belis Sworn to and subscribed before me on‘this at Say of May J__, 2022, Notary Public: vent Olay My Commissi ion Expired: NOTARY SEAL of a ble ste& HH 175079 vty‘Commission ‘My Comm, Expires Jan 2, 2026 ‘Bonded through Natfonal Notary Assn PLAINTIFF'S PROPOSED EXHIBIT 1 Based upon my review of the above-mentioned records, awareness of my training, education and experience as a Doctor of Podiatric Medicine, it is my opinion to a reasonable degree of probability that Mark S. Tracy DPM deviated from the podiatric standard of care with regards to Dina Bernichio by the following: In regard to the procedure choice of the 15 toe joint (simple explantation of the metallic implant): Simple explantation of the metallic implant around the first toe joint is primarily used in @ staged procedure to sample tissue and bone to ensure that a revision procedure is acceptable, Simple removal would be acceptable if there was not excessive shortening of the metatarsal, in this situation, the implant was very large and its removal caused a significant shortening of the 1 metatarsal length. Staged removal and reconstruction would have been an appropriate option and would adhere to standard of care, however, no mention of staging this procedure was indicated, In this situation, no discussion about further surgery around the first toe joint was discussed and no revision implant or fusion was offered. Overload of the 2 metatarsal should have been expected due to the fact that the patient was having overload and plantar plate tearing of the second metatarsal joint from its relative length compared to the shorter first metatarsal. Standard of care would have been to perform a primary first toe joint fusion or a staged procedure (leading to an eventual fusion or less commonly a revision implant) as a long-term correction for this deformity, In regards to the 2" toe joint surgery: Appropriate correction of the plantar plate ligament and hammer toe was documented and performed based on the operative note and xrays. This portion of the surgery did not deviate from standard of care. The decision not to perform and osteotomy to offload the second metatarsal was a breach of care in this situation, mostly due to the effective shortening of the 1* metatarsal from the implant removal, In regards to the fourth toe surgery: Arthrodesis of the PIPJ fourth toe for hammertoe is not a deviation from standard of care. It is my opinion that the podiatric standard of care for this case would have required: 1 Toe Surgery: One of two options: 1. Staging of the removal of the first toe joint implant, with bone biopsy and cultures to ensure no infection or abnormal pathology, and subsequential implantation of a joint spacer or fusion of the 1% toe with bone graft and internal fixation. (or) 2. Primary hardware removal and joint fusion with bone graft and internal fixation, Moll PLAINTIFF'S PROPOSED EXHIBIT 1 2" toe Joint Surgery: Hammertoe repair and second plantar plate ligament repair was performed appropriately and per standard of care. In this case, shortening the second metatarsal is the standard of care, especially given a shortened first metatarsal. With regard to a plantar incision approach, this option is within the standard of care. 4" toe surgery: Arthrodesls is an acceptable option for standard of care in this case, an alternative solution would have been arthroplasty. Pinning the toe is also appropriate. In this case, the extensor tendon was repaired so balancing this with a flexor tendon lengthening is not always needed. If, however, the extensor tendon was lengthened, then releasing the flexor tendon additionally would help balance the toe and prevent recurrence. Either option is within the standard of care. The care rendered by mark as Tracy DPM fell below the prevailing podiatric standards of care and was a major contributing cause of: Continue joint stiffness and contracture deformity of first toe joint, continued metatarsalgia symptoms and pain underneath the second toe joint, and recurring deviation of the second toe joint, and need for revision surgery of the 15t and 2"4 toes. Ah ll PLAINTIFF'S PROPOSED EXHIBIT 1 nec teene Andrew M: Belis, DPM Office: 12670 Creekside Lane, 3“ Floor, Fort Myers, FL 33919 (239) 482-2663 office + (239) 482-7585 fax * (239) 699-1356 cell + dr.belis@ocfla.net Clinical Experlence FLORIDA STATE UNIVERSITY « Faculty, Family Medicine Residency Program © Associate Faculty June 2014 — Present LEE MEMORIAL MEDICAL SYSTEM STAFF * Lee Memorial Hospital, Cape Coral Hospital, Healthpark Medical Center, Gulf Coast Hospital ° Attending Physician: July 1999 — Present o Cape Coral Hospital Ethics Committee ORTHOPEDIC CENTER OF FLORIDA, Fort Myers, FL * Foot and Ankle Surgeon, Multispecialty Group Practice June 2008 — Present o Owner/ Partner o Board of Directors, Treasurer FOOT & ANKLE CENTER, Cape Coral, FL. * Foot and Ankle Surgeon, Private Practice July 2002 — June 2008 o Owner/Partner GREATER BALTIMORE MEDICAL CENTER, Baltimore, MD + Podiatric Surgical Residency (PSR - 24) July 2000 — June 2002 o Chief Resident, Graduate Medical Education Committee, Multidisciplinary Reconstructive Rearfoot and Ankle Training, Comprehensive Diabetic Wound Care and Limb Salvage, Wound Care Center, Lecturer, Baltimore Podiatric Residency Meeting WYCKOFF HEIGHTS MEDICAL CENTER, Brooklyn, NY * Primary Podiatric Medical Residency (PPMR) July 1999 —June 2000 © Pediatric Emergency Room and Pediatric Clinic, Trauma, Plastic Surgery, Orthopedic Surgery, Vascular Surgery, Internal Medicine, ER, General Surgery, Anesthesiology, Physical Medicine and Rehabilitation, Pathology, Podiatry FRANKFORD HOSPITAL; Hamniington, NI October 1998 SAINT AGNES HOSPITAL; Philadelphia, PA September 1998 SOUTH MIAMI HOSPITAL; Miami, FL August 1998 MOUNT SINAI MEDICAL CENTER; Hartford, June 1998 PRIVATE PRACTICE; Dr. Marc Kitrosser, West Patterson, NJ March 1998 VAMC — NORTHPORT; Northport, NY February 1998 PLAINTIFF'S PROPOSED EXHIBIT 1 Education : MEDICI NE, Philadel phia, PA ‘TEMPLE UNIVERSITY, SCHOOL OF PODIATRIC September 1995-June 1999 * Doctorate in Podiatric Medicine (D.P.M.) ° Scholarship: Dr. Louis and Ruth Newman in Surgical Excellence ° Layout Editor and Author: “Instep” Student Scientific Journal ° President, Radiology Club ° Class Treasurer ° Curriculum Evaluation Committee Boston, MA BOSTON UNIVERSITY, SCHOOL OF ALLIED HEALTH PROFESSIONS, September 1991-June 1995 © Bachelor of Science in Human Physiology (B.S.) co Exercise Tolerance Testing Technician o Exercise Physiologist for Cardiac Rehabilitation o Tau Kappa Epsilon Fraternity HICKSVILLE HIGH SCHOOL, Hicksville, NY © High School Diploma, Honor Student September 1987-June 1991 o Football, Marching Band, Choir, Drama Club Consulting Arthrex (Medical Devices and Implants), Naples, FL * Consultant Surgeon and Faculty Instructor 2011 — Current Pamlab (Metanx), Covington, LA. * Consultant and Physician Lecturer 2012 - 2013 Bioventus (Ultrasound), Durham, NC . Consultant and Physician Instructor 2012 - 2014 Cortiiclions . TORNIER Total Ankle Replacement September 2010 © DEPUY “AGILITY” Total Ankle Replacement June 2009 January 2014 © BIOMET Orthopedic Skills Academy October 2015 * STRYKER STAR Total Ankle Certification Language + English — Native Language * Spanish — Semi-fluent . Greek — Semi-fluent PLAINTIFF'S PROPOSED EXHIBIT 1 Assoctation Membership and Certification MERICAN BOARD OF FOOT AND ANKLE SURGERY (ABFAS) ¢ Foot Surgery September 1, 2006 (certificate #7247) © Reconstructive Rearfoot & Ankle Surgery September 1, 2008 (certificate #7826) AMERICAN SOCIETY OF PODIATRIC SURGEONS (ASPS) . Founding Member 2008 . Board ofDirectors 2012 — Current . Speakers’ Bureau Co-Chair 2014 - Current . Treasurer 2014 — Current AMERICAN COLLEGE OF FOOT AND ANKLE SURGEONS (ACFAS) + Fellowship Status October 1, 2006 (certificate #06-059) AMERICAN ACADEMY OF PODIATRIC PRACTICE MANAGEMENT (AAPPM) + Active Member 2014 — Current AMERICAN COLLEGE OF FOOT AND ANKLE PEDIATRICS (ACFAP) ° Member 2014 — Current WLORDDA PODIATRIC MEDICAL ASSOCIATION (FPMA) * Lee County Representative 2011 - 2012 . Lee County Component President 2012 — Current . Executive Committee: Secretary, FPMA 2015 . Executive Committee: Second Vice President, FPMA 2016 - Current Committees: ° Nomination Committee 2014 ° Chairman, New Member Committee 2014 - Current ° Membership Development Committee 2014 ~ Current Ethics & Grievance Committee 2016 PLAINTIFF'S PROPOSED EXHIBIT 1 LEE COUNTY PODIATRIC MEDICAL SOCIETY * President 2012 — Current * Vice President 2010 — 2012 AMURICAN DIABETES ASSOCIATION * Professional Member (002005352) 2012 — Current Achievements Orthopedic Center of Florida (OCF), Fort Myers, FL . Board ofDirectors; Treasurer 2012 — Current © Founder, Neuropathy Center @ OCF 2015 — Current Florida Tarpon Arena Football Team, Estero, FL. . Team Physician 2011 — 2012 Gladiolus Surgery Center, Fort Myers, FL * Board of Directors 2011 — Current Annunciation Greek Orthodox Church, Fort Myers, FL * Board of Directors: Member at Large 2009 — 2010 * Board of Directors: Secretary 2010 — 2011 . Greek Festival: Operations Co-Lead 2010 — Current March of Dimes Walk America . Medical Volunteer Boston Marathon . Medical Volunteer Poblications and Paperg: Foot and Ankle Specialist . Guest Editor 2012- Present INSTEP Journal « “Partite Tibial Sesamoids and Clinical Symptoms”: INSTEP 16(2): 50-2. 2 * “Bone Resecting Instrumentation and Techniques in Digital Arthroplasty’ INSTEP 17(1):25-8. Original Articles . “Liposarcoma in the Lower Extremity” A Case Study . “Venous Leiomyoma in a Toe: A Case Study” a dancer” . “Comparison of Open Brostrom Gould vs. Arthroscopic Brostrom in “A Modified technique for plantar plate repair” 4 PLAINTIFF'S PROPOSED EXHIBIT 1 “Comparison of Open Lateral Ligament Repair vs. arthroscopic lateral ligament repair” “Opening Base Wedge Osteotomy in 1" Metatarsal” “Free Fibular Graft for Reconstruction in I Metatarsal Osteomyelitis” “Double Osteotomy for Bunion and Hallux Valgus Correction” ‘Special Projects . Coughlin M: Texthook of Foot and Ankle Surgery o Video Demonstration: Flexor Digitorum Longus Tendon Transfer Technique Using Biotenodesis Screw Fixation Arthrex Collaboration ° Contributing to creating modified TightRope technique for bunion correction without osteotomy Contributing to design modification of TightRope with FiberTape for use in 1" inter- metatarsal correction Faculty contributor for designing Arthro-Brostrom (arthroscopic Brostrom) kit Testing and feedback for CPR (Complete Plantar Plate Repair Kit) for Arthrex One of first surgeons in the country to utilize and test Arthrex “Mini-scorpion” device for plantar plate repair One of first few surgeons in country to utilize plantar plate for fusion of 1" tarsal- metatarsal joint Surgeon Feedback for Midfoot Plating System (Developmental Stages) Surgeon Feedback for Calcaneal Fracture Plating System Surgeon Feedback for Ankle Fusion Plating System Baculty Instructor/Lecturing * Physician Lectare: Howard County Medical Society, Fort Lauderdale, FL o August 11", 2016 = Exogen and Bone Stimulation © Physician Lecture: Foot and Ankle Technology Innovation Forum, Carlsbad, CA o April 22" and 23", 2016 = Lecture: Hallux Valgus: Mild to Moderate . CME Lecturer: Florida Podiatric Medical Association Science & Management Symposium (SAM), Orlando FL o January 16", 2016 ™ Lecture: 2" MPI Syndrome — Understanding the Condition and Current Treatment Options PLAINTIFF'S PROPOSED EXHIBIT 1 Lecture: Lapidus Bunionectomy (and doing it right!) « « Lecture: Ankle Arthroscopy and More ce, Valley CME Lecture: William L. Goldfarb Foundation 43" Annual Clinical Conferen Forge, PA o November 7th, 2015 = Lecture: 2"! MPJ Syndrome — Understanding the Condition and Current Treatment Options Current Concepts and Treatment Standards in Osteomyelitis = Lecture: Meeting, CME Lecture: American Society of Podiatric Surgeons Annual Scientific Baltimore MD o September 12th, 2015 . Lecture: Use of Ankle Arthroscopy in Lateral Ligament Pathology . Lecture: Primary Repair of Lateral Ankle Ligament with Suture and Bone Anchors . Lecture: Arthroscopic Repair of Lateral Ankle Ligament . Lecture: Primary Repair of Lateral Ankle Ligaments with Internal Brace . Lecture: Secondary Lateral Ankle Ligament Repair with Autograft . Lecture: Secondary Lateral Ankle Ligament Repair with Allograft Scientific Physician Moderator: APMA (American Podiatric Medical Association) National Meeting, Orlando, FL o July 26, 2015 ® Moderator: Biomechanics/Sports Medicine Track = Moderator: Pain Management Track ty, Expert Panel: Flatfoot Physician Lecturer: East Coast Advanced Ankle Instabili Arthroscopy and Sports Injuries Sympos ium, Naples, FL (Arthre x) o January 30-31, 2015 . PIPJ Arthrodesis, Flexor to Extensor Transfer . Expert Panel: Flatfoot Spring Ligament Reconstruction and Support . Achilles Tendon Insertion Injuries (Speedbridge) « Cadaver Lab Instructor Myers, FL Physician Lecturer: FSU Family Medicine Residency Program, Fort o October 21, 2014 . Top 10 Foot and Ankle Conditions — What You Need to Know! Physician Lecturer: Discovery Villages, Fort Myers FL o June 18, 2014 . Diabetes and Foot Care CME Physician Lecturer: Lee Memorial Medical Center, Fort Myers 6 PLAINTIFF'S PROPOSED EXHIBIT 1 o June 11, 2014 . Top 10 Foot and Ankle Conditions - What You Need to Know! CME Physician Lecturer: University of Pittsburg Medical Center/American Society of Podiatric Surgeons — Surgical Conference, Pittsburg PA o June 6-7, 2014 «Bone Stimulators and Bone Stimulation Technology Physician Lecturer: The Washington State Podiatric Medical Association Annual Meeting and Scientific Seminar for 2014, Washington o April 12, 2014 « Bone Stimulation Technology Surgeon Lecturer: Masters Course in Open Foot and Ankle Surgery; St. Louis, MO o January 25, 2014 . Bunion Repair and Hallux Varus . Arthrobrostrom — Lateral Ankle Instability . Mid-Substance Tears — PARS Technique . Syndesmotic Repair CME Lecturer: Science and Management Symposium (SAM); Orlando, FL o January 15-19, 2014 « ASPS Cadaver Workshop Proctor/Educator = ASPS Track; Flatfoot and Cavus Reconstruction . Ankle Fracture and Syndesmosis Foot and Ankle/Orthopedic Trauma Faculty Forum; Naples, FL o October 19, 2013 . Complete Plantar Plate Repair Surgeon CME Lecturer: Steel Foot/Lehigh Valley Foot and Ankle Society; Bethlehem, PA o October 5, 2013 * Complete Plantar Plate Repair Surgeon CME Lecturer: FPMA Conference; Captiva, FL o June 14-16, 2013 . Plantar Plate Repair . Opening Base Wedge Osteotomy for Correction of Bunion = Lateral Ankle Ligament Repair- Open and Arthroscopic Technique Surgeon CME Lecturer: ASPS Inaugural Conference / UPMC; Pittsburgh, PA o June 7 & 8, 2013 . Bone Stimulators and Non-Invasive Bone Healing Technology 7 PLAINTIFF'S PROPOSED EXHIBIT 1 Surgeon Lecturer: Advanced Ankle Instability, Arthroscopy &Sports Injuries Course; Naples, FL o May 17 & 18, 2013 . Live Demo: Plantar Plate Repair « Advances in Hallux Valgus and Varus ” Wet Lab Instructor Surgeon Lecturer: ACFAS Regional Meeting Lecturer; Marriotsville, MD o April 26 & 27, 2013 « Advanced Technologies in Foot and Ankle Surgery: . Complete Plantar Plate Repair . Ankle Instability: Internal Brace, Brostrom, Suture Bridge and Lateral Ankle Reconstruction . Achilles Tendon Repair: Speedbridge, PARS, FHL Augmentation . Wet Lab Instructor Surgeon CME Lecturer: Lee Memorial Health System; Fort Myers, FL o February 12, 2013 “ Osteomyelitis: Diagnostic and Therapeutic Treatment Options(Surgical and Non-Surgical) to Improve Limb Salvage Surgeon Instructor: Gemini Medical Podiatric Surgery Course; Naples, FL (Arthrex) o January 13-14, 2013 . I' MPJ Pathology: When to fuse, Why a plate? . Open Double Row Modified Brostrom-Gould procedure . Anatomic reconstruction of lateral ankle ligaments . Surgical management of insertional Achilles pathology and Haglund’s deformity Speaker/Trainer: Sales and Marketing Team for Bioventus (Atlanta, GA) o November 12-13, 2012 . Ultrasound in Podiatry Speaker: Kansas City Podiatry Association (Kansas City) o September 29" 2012 . “Ankle Arthroscopy and More (Arthroscopic Brostrom)” — 1 hour lecture x “Balancing Forefoot Surgery (Plantar Plate Repair)” — 1 hour lecture Surgeon Instructor Representing ASPS; American Podiatric Medical Association’s 2012 Annual Scientific Meeting (Washington, DC) o August 16-19" 2012 PLAINTIFF'S PROPOSED EXHIBIT 1 . “Ankle Arthroscopy and Joint Derangement” « Ankle Arthroscopy Cadaver Lab Surgeon Instructor: Advanced Ankle Instability, Arthroscopy and Sports Injuries Course: Naples, FL (Arthrex) o July 27 and 28, 2012 . “Ankle Arthroscopy: Indications, Set-Up, Portals and Anterior Decompression” . “Advances in Hallux Valgus and Varus Deformities” . Surgeon Instructor for Cadaver Lab . Live Demo for Hallux Valgus and Plaple Surgeon Instructor: Florida Podiatric Meeting Workshop: Naples, FL (Arthrex) o June 21, 2012 . “Achilles Insertional Pathology” . “Midsubstance Achilles Repair — Percutaneus Repair with PARS” . “Plantar Plate Repair” . “Bunion and Hallux Varus” . “Hallux Rigidus” . Surgeon Instructor for Cadaver Lab Live Webinar o May 19, 2012 «Proximal Opening Wedge Ostectomies, Plating & The Mini Tightrope for Bunions Speaker: Metanx in Primary Care Medicine (IMA), Fort Myers, FL (Pamlab) o April 24, 2012 * Surgeon Instructor: Foot and Ankle Course: Miami Anatomical Research Center, Miami, FL (Arthrex) o March 24, 2012 ‘ . “Current Concepts for Achilles Insertional Pathology” . “Current Concepts for Achilles Tendon Repair — PARS Device” . “Current Concepts in Bunion Repair and Hallux Valgus” . “Current Concepts in Hammertoe Repair and Plantar Plate Tears” . “Current Concepts in Lateral Ankle Ligament Reconstruction” ” “Current Concepts in Posterior Tibial Tendon Dysfunction Repair” . Surgeon Instructor for Cadaver Lab * Surgeon Instructor: Advanced Ankle Instability, Arthroscopy and Sports Injuries Course: Naples, FL (Arthrex) o January 13 & 14, 2012 PLAINTIFF'S PROPOSED EXHIBIT 1 . “Plantar Plate Repair” = Surgeon Instructor for Cadaver Lab Speaker: Metanx in Primary Care Medicine, Fort Myers, FL (Pamlab) o November 18, 2011 Surgeon Instructor: Master’s Course in Foot & Ankle Surgery: Naples, FL (Arthrex) o August 20, 2011 . “Ankle Fracture and Syndesmosis Repair” . “Hammertoe and Clawtoe Repair” = Surgeon Instructor for Cadaver Lab Surgeon Instructor: Master’s Course in Foot & Ankle Surgery: Chicago, IL (Arthrex) o August 6", 2011 . “Ankle Instability and Surgical Correction” . “Hallux Limitus” . Hammertoe and Clawtoe Repair” * Surgeon Instructor for Cadaver Lab Faculty: 2"4 North American Foot & Ankle Symposium: Naples, FL (Arthrex) o June 24" 8 25", 2011 . “Syndesmosis Injuries” = Surgeon Instructor for Cadaver Lab Surgeon Instructor: Advanced Ankle Instability, Ankle Arthroscopy, and Sports Injuries Course: Naples, FL (Arthrex) o June 3% & 4", 2011 . “Posterior Ankle Arthroscopy” «Surgeon Instructor for Cadaver Lab Surgeon Instructor: 5 Annual R&M Podiatry Lab, Technological Advancements in Foot Surgery; Milwaukee, Wisconsin (Arthrex) o January 29", 2011 . “Opening Base Wedge Osteotomy for Bunion Correction” . “Achilles Pathology and Treatment” ” “Ankle Fractures” . “Ankle Instability” . Surgeon Instructor for Cadaver Lab Key Surgeon Instructor: Arkansas Podiatric Medical Society; Arkansas (Arthrex) © September 2"%, 2010 ” “Achilles Insertional Pathology” . “Autogenous Conditioned Plasma” 10 PLAINTIFF'S PROPOSED EXHIBIT 1 “Ankle Fractures” “Ankle Instability” “Flatfoot Surgical Options” “Hallux Rigidus” “Hallux Valgus” “Hallux Varus” “Jones Fracture Repair Options” “Lesser toe deformity” "Lisfranc Injury and Role of Tightrope” « “Metatarsalgia” . Surgeon Instructor for Cadaver Lab . Faculty. North American Foot & Ankle Faculty Symposium; Naples, FL (Arthrex) o June 11" & 12", 2010 ™ “Calcaneal Fractures” . Surgeon Instructor for Cadaver Lab © Surgeon Instructor: Foot & Ankle Road Show; Long Island, NY (Arthrex) o .May 8 2010 . Surgeon Instructor for Cadaver Lab 11 FL DOH MQA Search Portal | \s://mqa-internet.doh. state. fl.us/MQA SearchServices/Healthcar... PLAINTIFF'S PROPOSED EXHIBIT 1 Department of Health HEALTH ANDREW M BELIS License Number: PO2995 Profession Podiatric Physician @ License Status CLEAR/ACTIVE Year Began Practicing Not Provided License Expiration Date 03/31/2024 © Controlled Substance Yes Prescriber (for the Treatment of Chronic Non- malignant Pain) Primary Practice Address ANDREW M BELIS 12670 CREEKSIDE LANE SUITE 202 FORT MYERS, FL 33919 Medicaid This practitioner does NOT participate in the Medicaid program Staff Privileges This practitioner currently holds staff privileges at the following hospital/medical/health institutions: Institution Name City State LEE MEMORIAL HOSPITAL FT MYERS FLORIDA GULF COAST MEDICAL CENTER FT MYERS FLORIDA CAPE CORAL HOSPITAL FORT MYERS. FLORIDA Email Address Please contact at: dr.belis@ocfla.net Other State Licenses This practitioner has indicated the following additional state licensure State Profession lofS 3/10/2023, 4:39 PM FL DOH MQA Search Portal | https://mqa-internet.doh. state. fl.us/MQA SearchServices/Healthcar.. PLAINTIFF'S PROPOSED EXHIBIT 1 State Profession FLORIDA PODIATRTY Florida Birth-Related Neurological Injury Compensation Association If you are a Florida Allopathic (MD) or Osteopathic (DO) Physician, you are required to provide proof of payment of the Florida Birth-Related Neurological Injury Compensation Association (NICA) assessment as required by section 766,314, Florida Statutes, Payment of the initial and annual assessment are required of all Florida Allopathic and Osteopathic Physicians who do not qualify for an exemption as set forth in section 766.314(4)(b)4, Florida Statutes. This practitioner has not indicated whether he/she has submitted payment of the assessment. Education and Training Institution Name Degree Title Dates of Attendance Graduation Date TEMPLE UNIV SCH OF POD MED DPM 1/1/1995 - 6/1/1999 06/01/1999 Other Health Related Degrees This practitioner has completed the following other health related degrees: Dates Attended Dates Attended School/University City State/Country From To Degree Title BOSTON BOSTON MASSACHUSETTS 09/01/1991 06/01/1995 BS - BACHELOR OF UNIVERSITY SCIENCE Professional and Postgraduate Training This practitioner has completed the following graduate medical education: Other Dates Dates Program Program Specialty State or Attended Attended Name Type Specialty Area Area City Country From To WYCKOFF INTERNSHIP PIR - PODIATRIC BROOKLYN NEW YORK 01/01/1999 01/01/2000 HEIGHTS INTERNSHIP/RESIDENCY MEDICAL CENTER GREATER OTHER OTHER SURGERY BALTIMORE MARYLAND 01/01/2000. 01/01/2002 BALTIMORE PROGRAM (PODIATRIC) MEDICAL CENTER Graduate Medical Education This practitioner has not had the responsibility for graduate medical education within the last 10 years. 20f5 3/10/2023, 4:39 PM FL DOH MQA Search Portal | \ttps://mqa-internet.doh. state. fl.us/MQA Search Services/Healthcar... PLAINTIFF'S PROPOSED EXHIBIT 1 Academic Appointments This practitioner does not currently hold faculty appointments at any medical/health related institutions of higher learning. Specialty Certification This practitioner holds the following certifications from specialty boards recognized by the Florida board which regulates the profession for which he/she is licensed Specialty Board Certification AMERICAN BOARD OF PODIATRIC SURGERY FOOT AND ANKLE SURGERY Financial Responsibility | have obtained and will maintain professional liability coverage in an amount not less than $50,000 from an authorized insurer as defined under section 624.09, F.S., from an eligible surplus lines insurer as defined under s. 629.914(2), F.S., from a risk retention group as defined under s. 627.942, F.S., from the Joint Underwriting Association established under s. 627,351(4), F.S., or through a plan of self-insurance as provided in s. 627.357, ES. Proceedings & Actions Criminal Offenses The criminal history information, if any exists, may be incomplete; federal criminal history information is not available to the public. Information is verified by the Department at the time of ial licensure and renewal. This practitioner has indicated that he/she has no criminal offenses required to be published on this profile. Medicaid Sanctions and Terminations This practitioner has not been sanctioned or terminated for cause from the Medicaid program Final Disciplinary Actions Reported by the Department of Health within the last 10 years: The information below is self reported by the practitioner. Final disciplinary action taken by a specialty board within the last 10 years: