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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
SALLY SIMON, as Personal Representative
of the Estate of MICHAEL SIMON,
Plaintiff,
VS. CASE NO. 2000-120-CA
MARK ASPERILLA, M.D., MARK ASPERILLA, M.D.,
P.A., a Florida corporation, DALE GREENBERG, M.D.,
RONALD CONSTINE, M.D., LEVY, BAKER,
CONSTINE & GREENBERG, M_D., P.A., a Florida
corporation, SAMUEL ESTEPA, M.D., PRIMARY oho
=A
CARE PHYSICIANS, INC., a Florida corporation, oD
—e
THOMAS K. WANZY, M.D., THOMAS K. WANZY, Oe
mn
M.D., P.A., a Florida corporation, BALA K. NANDIGAM,
M.D., CHARLOTTE MEDICAL ASSOCIATES, P.A., a
Florida corporation, MOIDEN MOOPEN, M.D., MOIDEN 0
MOOPEN, M.D., P.A., a Florida corporation, CARLOS E. Sor
noe
MAAS, M.D., CARLOS E. MAAS, M_LD., P.A., a Florida
corporation, NASIR KHALIDI, M.D., NASIR KHALIDI &
SAKINA KHALIDI, M.D., P.A., a Florida corporation,
ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS,
a Florida corporation, FRANK COLUNGA, M.D, and
CHRIS MICKELSON, M.D.,
Defendants.
MOTION FOR SUM NT
COMES NOW the Defendants, FRANK COLUNGA, M.D, and ST. JOSEPHS
EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, by and through their undersigned
counsel and pursuant to Florida Rules of Civil Procedure 1.510 and moves this Court for a summary
judgment in their favor and against the Plaintiff on the grounds that there is no material issue of
justiciable fact and the pleadings, depositions, interrogatories and other matters of record including,
Charlotte County Clerk
1 1141420 Date : 07/18/00 - 11:18:42 id: 14
& Case#: 00000120CA sd 0006
weg
aa
but not limited to the attached affidavit of medical expert witness, Jay L. Falk, M.D. show that the
Defendant, FRANK COLUNGA, M_D., is entitled to a judgment as a matter of law on all issues and
Defendant, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, is
entitled to summary judgment on all allegations against it that are based upon the actions or alleged
inactions of Defendant, FRANK COLUNGA, M.D., and/or any claims arising in any way out of the
contact MICHAEL SIMON had with Defendants, FRANK COLUNGA, M.D. or ST. JOSEPHS
EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, on August 13, 1997.
As specific grounds for this Motion these Defendants would show that there is insufficient
evidence that a deviation from the standard of care occurred during MICHAEL SIMON's contact
with Defendant, FRANK COLUNGA, M.D., or MICHAEL SIMON's contact with any personnel
of Defendant, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, on
August 13, 1997, or that any thing that these Defendants did on August 13, 1997 caused medical
injury to MICHAEL SIMON.
CERTIFI Qo VICE
1 HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. Mail - see
attached service list on this ] zZ day of July, 2000.
DICKINSON & GIBBONS, P.A.
By
PH CHBANK, JR.
P.O. Box 3979
Sarasota, FL 34230
Florida Bar No. 305571
(941) 366-4680
Counsel for Defendants/
COLUNGA and ST. JOSEPHS
awe
SERVICE LIST
THOMAS A. CULMO, Esquire
2400 South Dixie Highway
Suite 100
Miami, FL 33133
Counsel for Plaintiff
DENNIS A. KOLTUN, Esquire
7101 S.W. 102nd Avenue
Miami, FL 33173
Co-Counsel for Plaintiff
KENNETH C. DEACON, JR., Esquire
P.O. Box 16607
St. Petersburg, FL 33733
Counsel for Defendants/MOOPEN and MAAS
BENITO H. DIAZ, Esquire
2912 Douglas Road
Coral Gables, FL 33134
Counsel for Defendants/ESTEPA and PRIMARY CARE
ROSS L. FOGLEMAN, III, Esquire
3400 South Tamiami Trail
Suite 302
Sarasota, FL 34239
Counsel for Defendants/NANDIGAM and CHARLOTTE MEDICAL ASSOCIATES
LYNN H. GROSECLOSE, Esquire
100 Wallace Avenue
Suite 240
Sarasota, FL 34237
Counsel for Defendant/ASPERILLA
JOHN C. HAMILTON, Esquire
P.O. Box 2152
Tampa, FL 33601
Counsel for Defendant/KHALIDI
_
RONALD H. JOSEPHER, Esquire
100 South Ashley Street
First Union Plaza, Suite 1190
Tampa, FL 33602
Counsel for Defendan/WAZNY
DOUGLAS B, LUMPKIN, Esquire
One Sarasota Tower, Fifth Floor
2 North Tamiami Trail
Sarasota, FL 34236
Counsel for Defendant/DESANTIS
CRAIG STEVENS, Esquire
2000 Main Street
Suite 402
Fort Myers, FL 33901
Counsel for Defendants*\GREENBERG and CONSTINE
_
veccer-t9es 16°52 “e
ORHS SURGICAL
wee
EDUCATION
weve eu ULBDU
620 Sen 3525 Feo
uty Bee
MEDICAL OPINION AFFIDAVIT OF: JAY L. FALK, MLD.
Health Care Provider: Frank Colunga, M.D.
O
STATE OF FL etermemte te
RIDA
IMAGING MEMO
COUNTY OF Ahad THE WRITING/TYPING & PRINTING
WAS UNSATISFACTORY FOR
REPRODUCTION AT THE TIME
OF IMAGING
BEFORE ME, the undersigned authority, personally appeared JAY L. FALK, M.D., who,
after being duly sworn, upon his cath and upon personal knowledge deposes and says:
1 Tam a boerd certified emergency reems physician and board certified in intemal
medicine. I possess special professiunal training experience and specialized health care knowledge
and skill in the subjects for which ] provide opinions herein.
2 fam a medical expert as defined by Florida Statute 766.202(5). A copy of my
curriculurn vitae is attached hereto and accurately sets forth my professional history and
qualifications.
3 Thave not rendered a previous medical opinion which has been disqualified pursuant
to Florida Statute 766.203(4).
4 Thave revie
thewed
medical records of Michaej Simon, specifically the Bon Secours-
St. Joseph Hospital medical chart for admission of 7/23/97; Bon Secours-St, Joseph Hospital madical
chart for admission of 8/13/97; notice of intent letter dated 9/23/99: medical opinion affidavit signed
by Charles Virgin, MLD.
5. Based upon my reviewof the aforementioned records, my education, my taining and
my experience, it is my opinion within a reasonable degree of medical probability that the care
tendered to Michael Simon by Dr. Frank Colunga, M.D. met the prevailing standard of care and that
ORHS SURGICAL EDUCATION 497 648 3656 °,Ga
DEC-@7-1999 16:52
able grounds exist
Dr. Colunga was not negligent in his care and treatment of. Michael Simon. Reason
care of Michael Simon.
to support Dr. Colunga's defense from the claim of medical negligence in his
care and
6. Ivis fusther my opinion based upon reasonable medical probability that the
Colunga, M.D. was not the cause of
treatment provided to the patient, Michael Simon, by Frank
negligent injury to the patient.
of my knowledge
Thereby certify that the above statements are tue and correct to the best
and ability.
Further affiant sayeth not
Dated this "?___ day of December, 1999.
_—————
ALK,
4
Sworn to and subscribed before me on this 4 day of December, 1999.
LV wy
NotaryPublic Pp a Ree! + A. WA RCEN
My Commission expires:
Fl owde
t a B goal
apne dantes re
- Uasti¢
Personally know affiant x
WOTTARY UL - BATS FLORIDA Affiant produced identification —
BONDED THAW) ASA T-HERNOTARTS Type of identification produced:
ee etn va -
TOTAL P.@4
a seca meneaane arene ne apeerygeameee
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR CHARLOTTE COUNTY, FLORIDA SALLY SIMON, as Personal Representative of the Estate of MICHAEL SIMON, Plaintiff, VS. CASE NO. 2000-120-CA MARK ASPERILLA, M.D., MARK ASPERILLA, M.D., P.A., a Florida corporation, DALE GREENBERG, M.D., RONALD CONSTINE, M.D., LEVY, BAKER, CONSTINE & GREENBERG, M_D., P.A., a Florida corporation, SAMUEL ESTEPA, M.D., PRIMARY oho =A CARE PHYSICIANS, INC., a Florida corporation, oD —e THOMAS K. WANZY, M.D., THOMAS K. WANZY, Oe mn M.D., P.A., a Florida corporation, BALA K. NANDIGAM, M.D., CHARLOTTE MEDICAL ASSOCIATES, P.A., a Florida corporation, MOIDEN MOOPEN, M.D., MOIDEN 0 MOOPEN, M.D., P.A., a Florida corporation, CARLOS E. Sor noe MAAS, M.D., CARLOS E. MAAS, M_LD., P.A., a Florida corporation, NASIR KHALIDI, M.D., NASIR KHALIDI & SAKINA KHALIDI, M.D., P.A., a Florida corporation, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, FRANK COLUNGA, M.D, and CHRIS MICKELSON, M.D., Defendants. MOTION FOR SUM NT COMES NOW the Defendants, FRANK COLUNGA, M.D, and ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, by and through their undersigned counsel and pursuant to Florida Rules of Civil Procedure 1.510 and moves this Court for a summary judgment in their favor and against the Plaintiff on the grounds that there is no material issue of justiciable fact and the pleadings, depositions, interrogatories and other matters of record including, Charlotte County Clerk 1 1141420 Date : 07/18/00 - 11:18:42 id: 14 & Case#: 00000120CA sd 0006 weg aa but not limited to the attached affidavit of medical expert witness, Jay L. Falk, M.D. show that the Defendant, FRANK COLUNGA, M_D., is entitled to a judgment as a matter of law on all issues and Defendant, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, is entitled to summary judgment on all allegations against it that are based upon the actions or alleged inactions of Defendant, FRANK COLUNGA, M.D., and/or any claims arising in any way out of the contact MICHAEL SIMON had with Defendants, FRANK COLUNGA, M.D. or ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, on August 13, 1997. As specific grounds for this Motion these Defendants would show that there is insufficient evidence that a deviation from the standard of care occurred during MICHAEL SIMON's contact with Defendant, FRANK COLUNGA, M.D., or MICHAEL SIMON's contact with any personnel of Defendant, ST. JOSEPHS EMERGENCY MEDICAL PHYSICIANS, a Florida corporation, on August 13, 1997, or that any thing that these Defendants did on August 13, 1997 caused medical injury to MICHAEL SIMON. CERTIFI Qo VICE 1 HEREBY CERTIFY that a copy of the foregoing has been furnished by U.S. Mail - see attached service list on this ] zZ day of July, 2000. DICKINSON & GIBBONS, P.A. By PH CHBANK, JR. P.O. Box 3979 Sarasota, FL 34230 Florida Bar No. 305571 (941) 366-4680 Counsel for Defendants/ COLUNGA and ST. JOSEPHS awe SERVICE LIST THOMAS A. CULMO, Esquire 2400 South Dixie Highway Suite 100 Miami, FL 33133 Counsel for Plaintiff DENNIS A. KOLTUN, Esquire 7101 S.W. 102nd Avenue Miami, FL 33173 Co-Counsel for Plaintiff KENNETH C. DEACON, JR., Esquire P.O. Box 16607 St. Petersburg, FL 33733 Counsel for Defendants/MOOPEN and MAAS BENITO H. DIAZ, Esquire 2912 Douglas Road Coral Gables, FL 33134 Counsel for Defendants/ESTEPA and PRIMARY CARE ROSS L. FOGLEMAN, III, Esquire 3400 South Tamiami Trail Suite 302 Sarasota, FL 34239 Counsel for Defendants/NANDIGAM and CHARLOTTE MEDICAL ASSOCIATES LYNN H. GROSECLOSE, Esquire 100 Wallace Avenue Suite 240 Sarasota, FL 34237 Counsel for Defendant/ASPERILLA JOHN C. HAMILTON, Esquire P.O. Box 2152 Tampa, FL 33601 Counsel for Defendant/KHALIDI _ RONALD H. JOSEPHER, Esquire 100 South Ashley Street First Union Plaza, Suite 1190 Tampa, FL 33602 Counsel for Defendan/WAZNY DOUGLAS B, LUMPKIN, Esquire One Sarasota Tower, Fifth Floor 2 North Tamiami Trail Sarasota, FL 34236 Counsel for Defendant/DESANTIS CRAIG STEVENS, Esquire 2000 Main Street Suite 402 Fort Myers, FL 33901 Counsel for Defendants*\GREENBERG and CONSTINE _ veccer-t9es 16°52 “e ORHS SURGICAL wee EDUCATION weve eu ULBDU 620 Sen 3525 Feo uty Bee MEDICAL OPINION AFFIDAVIT OF: JAY L. FALK, MLD. Health Care Provider: Frank Colunga, M.D. O STATE OF FL etermemte te RIDA IMAGING MEMO COUNTY OF Ahad THE WRITING/TYPING & PRINTING WAS UNSATISFACTORY FOR REPRODUCTION AT THE TIME OF IMAGING BEFORE ME, the undersigned authority, personally appeared JAY L. FALK, M.D., who, after being duly sworn, upon his cath and upon personal knowledge deposes and says: 1 Tam a boerd certified emergency reems physician and board certified in intemal medicine. I possess special professiunal training experience and specialized health care knowledge and skill in the subjects for which ] provide opinions herein. 2 fam a medical expert as defined by Florida Statute 766.202(5). A copy of my curriculurn vitae is attached hereto and accurately sets forth my professional history and qualifications. 3 Thave not rendered a previous medical opinion which has been disqualified pursuant to Florida Statute 766.203(4). 4 Thave revie thewed medical records of Michaej Simon, specifically the Bon Secours- St. Joseph Hospital medical chart for admission of 7/23/97; Bon Secours-St, Joseph Hospital madical chart for admission of 8/13/97; notice of intent letter dated 9/23/99: medical opinion affidavit signed by Charles Virgin, MLD. 5. Based upon my reviewof the aforementioned records, my education, my taining and my experience, it is my opinion within a reasonable degree of medical probability that the care tendered to Michael Simon by Dr. Frank Colunga, M.D. met the prevailing standard of care and that ORHS SURGICAL EDUCATION 497 648 3656 °,Ga DEC-@7-1999 16:52 able grounds exist Dr. Colunga was not negligent in his care and treatment of. Michael Simon. Reason care of Michael Simon. to support Dr. Colunga's defense from the claim of medical negligence in his care and 6. Ivis fusther my opinion based upon reasonable medical probability that the Colunga, M.D. was not the cause of treatment provided to the patient, Michael Simon, by Frank negligent injury to the patient. of my knowledge Thereby certify that the above statements are tue and correct to the best and ability. Further affiant sayeth not Dated this "?___ day of December, 1999. _————— ALK, 4 Sworn to and subscribed before me on this 4 day of December, 1999. LV wy NotaryPublic Pp a Ree! + A. WA RCEN My Commission expires: Fl owde t a B goal apne dantes re - Uasti¢ Personally know affiant x WOTTARY UL - BATS FLORIDA Affiant produced identification — BONDED THAW) ASA T-HERNOTARTS Type of identification produced: ee etn va - TOTAL P.@4 a seca meneaane arene ne apeerygeameee