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Filing # 61069756 E-Filed 08/29/2017 01:30:48 PM
IN THE CIRCUIT COURT OF THE NINTH
JUDICIAL CIRCUIT IN AND FOR
OSCEOLA COUNTY, FLORIDA
CASE NO.: 2017-CA-000174-MP
ASHLEY CALZADA and JUAN CALZADA,
individually and on behalf of
JARIEL LUIS CALZADA OYUELA, a
minor,
Plaintiffs,
v.
OSCEOLA REGIONAL HOSPITAL d/b/a
OSCEOLA REGIONAL MEDICAL CENTER,
ERIC FRENDAK, CRNA, OSCEOLA
OB/GYN, MICHAEL R. DENARDIS,
D.O., OB HOSPITALIST GROUP, LLC,
EZER A. OJEDA, M.D., OSCEOLA
ANESTHESIA ASSOCIATES, PL.,
RODNEY DEL VALLE, M.D., JIMS
FAMILY PRACTICE, INC., JOSE RAMON
FERNANDEZ, M.D., MID-FLORIDA
WOMAN'S CENTER, INC.,
BHUPENDRAKUMAR M. PATEL, M.D.,
PEDIATRIX MEDICAL GROUP, INC.,
PEDIATRIX MEDICAL GROUP OF
FLORIDA, INC., MEDNAX, INC., JOSE
I. GIERBOLINI, M.D., JOHN LONGHT,
M.D., HCA, INC., HCA HEALTH
SERVICES OF FLORIDA, INC., AND
HCA HEALTHCARE SERVICES-FLORIDA,
INC.,
Defendants.
/
DEFENDANTS’, EZER A. OJEDA, M.D. AND OB HOSPITALIST GROUP, LLC,
ANSWER AND AFFIRMATIVE DEFENSES
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, by and through their undersigned counsel, hereby file their
Answer and Affirmative Defenses to the Complaint filed by
Plaintiffs, ASHLEY CALZADA and JUAN CALZADA, individually and on
behalf of JARIEL LUIS CALZADA OYUELA, a minor, and state as
follows:
JURISDICTION/VENUE/STATUTORY COMPLIANCE
1. Denied.
2. This paragraph does not contain a factual allegation
requiring a response from these Defendants.
3. Denied.
4, Denied.
5. Denied.
6. Denied.
FACTS GIVING RISE TO THE CLAIM
1. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
2. Denied as framed.
3. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
4. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
5. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
6. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
7. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
8. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
9. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
10. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
11. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
12. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
13. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
14. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
15. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
16. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
17. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
18. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
19. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
20. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
21. This paragraph contains factual allegations against
another Defendant. To the extent any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied as framed.
COUNT I: NEGLIGENCE OF OSCEOLA REGIONAL HOSPITAL d/b/a OSCEOLA
REGIONAL MEDICAL CENTER
Non Delegable Duty
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their answers to Paragraphs 1
through 6 and 1 through 21, respectfully, as if fully set forth
herein.
22. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
23. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
24. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
25. Admitted for jurisdictional purposes only.
26. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
27. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
28. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, ame are denied.
29. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
30. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
31. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
32. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
33. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
34(a-o). Denied, including all subparts.
35. This paragraph contains allegations against another
Defendant. However, Defendants, OZER A. OJEDA, M.D., and OB
Hospitalist Group, LLC expressly deny any and all allegations of
negligence contained in this Complaint.
36. Denied.
37. Denied.
COUNT II: VICARIOUS LIABILITY OF OSCEOLA REGIONAL HOSPITAL d/b/a
OSCEOLA REGIONAL MEDICAL CENTER FOR THE NEGLIGENCE OF ITS
EMPLOYEES, AGENTS, AND APPARENT AGENTS INCLUDING BUT NOT LIMITED
TO ERIK FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA,
M.D. RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE
I. GIERBOLINI, M.D., JOHN LONGHI, M.D., Lisa Denarski,RN,
Marissa Lee, RN and Jaymee Stahl, RN
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and 1 through 37 as if fully set forth herein.
38. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied. Moreover, Defendants,
EZER A. QUEDA, M.D., and OB HOSPITALIST GROUP, LLC, expressly
deny any and all allegations of negligence contained within this
Complaint.
39 (a-o). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied,
including all subparts. Moreover, Defendants, EZER A. OJEDA,
M.D., and OB HOSPITALIST GROUP, LLC, expressly deny any and all
allegations of negligence contained within this Complaint
40. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
41. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
42. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
43. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
44, Denied.
4S. Denied.
COUNT III: NEGLIGENCE OF OSCEOLA OB/GYN AND MICHAEL R. DENARDIS,
D.O.
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and Paragraphs 1 through 45 as if fully set forth
herein.
46. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
47. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
48(a-o). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied,
including all subparts.
49, Denied.
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50. Denied.
COUNT IV: NEGLIGENCE OF OB HOSPITALIST GROUP, LLC, AND EZER A.
OJEDA, M.D.
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and Paragraphs 1 through 50 as if fully set forth
herein.
Si. Admitted for jurisdictional purposes only. Otherwise,
denied.
52. Denied as framed. OB HOSPITALIST GROUP, LLC is in and
of itself a corporate entity and cannot on its own provide
medical care.
53(a-o). Denied, including all subparts.
54. Denied.
55. Denied.
COUNT V: OSCEOLA ANESTHESIA ASSOCIATES, PL, RODNEY DEL VALLE,
M.D. AND ERIK FREDNAK, CRNA
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and Paragraphs 1 through 55 as if fully set forth
herein.
56. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
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57. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
58(a-h). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, ame are denied,
including all subparts.
59. Denied.
60. Denied.
COUNT VI: MID FLORIDA WOMAN’S CENTER, INC. AND BHUPENDRAKUMAR M.
PATEL,
—L_— M.D.
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and Paragraphs 1 through 60 as if fully set forth
herein.
61. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
62. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
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construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
63(a-o). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied,
including all subparts.
64. Denied.
65. Denied.
COUNT VII’: JMJ FAMILY PRACTICE, INC. AND JOSE RAMON FERNANDEZ,
M.D.
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and 1 through 65 as if fully set forth herein.
66. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
67. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
+ This count is labeled as Count V in the Complaint.
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68. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
69 (a-o). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, ame are denied,
including all subparts.
70. Denied.
71. Denied.
COUNT VIII:? PEDIATRIX MEDICAL GROUP, INC., PEDIATRIX MEDICAL
GROUP OF FLORIDA, INC., MEDNAX, INC., JOSE I. GIERBOLINI, M.D.
AND JOHN LONGHI, M.D.
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and Paragraphs 1 through 71 as if fully set forth
herein.
72. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
73. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
? This count is labeled as Count VII in the Complaint.
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construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
74, This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
75. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
76(a-g). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied,
including all subparts.
77. Denied.
78. Denied.
COUNT _Ix*: VICARIOUS LIABILITY OF HCA, INC., HCA HEALTH SERVICES
OF FLORIDA, INC., AND HCA HEALTHCARE SERVICES FLORIDA, INC. AS A
PARENT CORPORATION OF OSCEOLA REGIONAL MEDICAL CENTER
Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP,
LLC, hereby adopt and incorporate their responses to Paragraphs
1 through 6 and 1 through 78 as if fully set forth herein.
° This count is labeled as Count VIII in the Complaint.
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79. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
80. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, ame are denied.
81. This paragraph contains allegations against another
Defendant. To the extent that any of these allegations may be
construed as against Defendants, EZER A. OJEDA, M.D. and OB
HOSPITALIST GROUP, LLC, same are denied.
82(a-o). This paragraph, including all subparts, contains
allegations against another Defendant. To the extent that any of
these allegations may be construed as against Defendants, EZER
A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied,
including all subparts.
83. Denied.
84. Denied.
AFFIRMATIVE DEFENSES
1. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that Plaintiffs were,
themselves, negligent and said negligence was the legal cause,
in whole or in part, of their claimed injuries and damages. Any
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damages awarded to the Plaintiffs should, therefore, be reduced
to an amount equivalent to the Plaintiffs’ negligence.
2. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that Plaintiffs’ claimed
injuries and damages were caused, in whole or in part, by the
fault of persons or entities who are not under the direction or
ontrol of these Defendants. Pursuant to Fla. Stat. §768.81 and
the Fabre Doctrine, these Defendants are entitled to have the
jury apportion fault to those persons or entities and is further
entitled to have judgment entered against them only on the basis
of their percentage of fault and not on the basis of joint and
several liability. In support of this defense, these Defendants
reserve the right to assert the Fabre Doctrine as to non-party
participants through the course of discovery and may request
that the foregoing be placed on the verdict form at the time of
trial.
3. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege they are entitled to a set-off
for all collateral source payments which have been paid to or on
behalf of the Plaintiffs as a result of the Plaintiffs claimed
injuries and damages. Fla. Stat. $768.76.
4, Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege they are entitled to a set-off
for any payments made by or on behalf of any other defendants,
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persons or entities allegedly responsible for the Plaintiffs’
injuries.
5. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that in the event of a
judgment, these Defendants are entitled to make payment pursuant
to Fla. Stat. $768.78.
6. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that Plaintiffs’ claim for
medical and hospital expenses is limited and/or barred to the
amount of any such expenses which have actually been paid and
accepted by any health care provider. Alternatively, Plaintiffs’
claim for expenses due to medical or hospital treatment is
limited to the amount actually paid and/or owed by Plaintiff to
any such health care provider.
7. Pursuant to Fla. Stat. §766.118, these Defendants are
entitled to a set-off for settlements paid by any other
defendant, person or entity within the same statutory category
as these Defendants.
8. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC,, affirmatively allege that some or all of
Plaintiffs’ claims are barred by the applicable Statute of
Limitations under Fla. Stat. §95.11(4) (b).
9. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC,, affirmatively allege that some or all of
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Plaintiffs’ claims are barred by the applicable Statute of
Repose under Fla. Stat. §95.11(4) (b).
10. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that Plaintiffs’ Complaint
fails to state a cause of action upon which relief may be
granted.
11. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that Plaintiffs’ Complaint
fails to comply with the medical malpractice pre-suit notice
requirements as set forth in Fla. Stat. § 766 and should be
dismissed accordingly.
12. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that Plaintiffs’ Complaint
contains impermissible allegations against EZER A. OJEDA, M.D.
and OB HOSPITALIST GROUP, LLC, pursuant to Fla. Stat. §766.203.
As such, these claims should be dismissed for failure to comply
with conditions precedent under Chapter 766.
13. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST
GROUP, LLC, affirmatively allege that
Preview
Filing # 61069756 E-Filed 08/29/2017 01:30:48 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT IN AND FOR OSCEOLA COUNTY, FLORIDA CASE NO.: 2017-CA-000174-MP ASHLEY CALZADA and JUAN CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, Plaintiffs, v. OSCEOLA REGIONAL HOSPITAL d/b/a OSCEOLA REGIONAL MEDICAL CENTER, ERIC FRENDAK, CRNA, OSCEOLA OB/GYN, MICHAEL R. DENARDIS, D.O., OB HOSPITALIST GROUP, LLC, EZER A. OJEDA, M.D., OSCEOLA ANESTHESIA ASSOCIATES, PL., RODNEY DEL VALLE, M.D., JIMS FAMILY PRACTICE, INC., JOSE RAMON FERNANDEZ, M.D., MID-FLORIDA WOMAN'S CENTER, INC., BHUPENDRAKUMAR M. PATEL, M.D., PEDIATRIX MEDICAL GROUP, INC., PEDIATRIX MEDICAL GROUP OF FLORIDA, INC., MEDNAX, INC., JOSE I. GIERBOLINI, M.D., JOHN LONGHT, M.D., HCA, INC., HCA HEALTH SERVICES OF FLORIDA, INC., AND HCA HEALTHCARE SERVICES-FLORIDA, INC., Defendants. / DEFENDANTS’, EZER A. OJEDA, M.D. AND OB HOSPITALIST GROUP, LLC, ANSWER AND AFFIRMATIVE DEFENSES Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, by and through their undersigned counsel, hereby file their Answer and Affirmative Defenses to the Complaint filed by Plaintiffs, ASHLEY CALZADA and JUAN CALZADA, individually and on behalf of JARIEL LUIS CALZADA OYUELA, a minor, and state as follows: JURISDICTION/VENUE/STATUTORY COMPLIANCE 1. Denied. 2. This paragraph does not contain a factual allegation requiring a response from these Defendants. 3. Denied. 4, Denied. 5. Denied. 6. Denied. FACTS GIVING RISE TO THE CLAIM 1. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 2. Denied as framed. 3. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 4. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 5. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 6. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 7. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 8. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 9. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 10. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 11. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 12. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 13. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 14. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 15. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 16. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 17. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 18. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 19. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 20. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. 21. This paragraph contains factual allegations against another Defendant. To the extent any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied as framed. COUNT I: NEGLIGENCE OF OSCEOLA REGIONAL HOSPITAL d/b/a OSCEOLA REGIONAL MEDICAL CENTER Non Delegable Duty Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their answers to Paragraphs 1 through 6 and 1 through 21, respectfully, as if fully set forth herein. 22. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 23. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 24. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 25. Admitted for jurisdictional purposes only. 26. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 27. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 28. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, ame are denied. 29. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 30. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 31. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 32. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 33. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 34(a-o). Denied, including all subparts. 35. This paragraph contains allegations against another Defendant. However, Defendants, OZER A. OJEDA, M.D., and OB Hospitalist Group, LLC expressly deny any and all allegations of negligence contained in this Complaint. 36. Denied. 37. Denied. COUNT II: VICARIOUS LIABILITY OF OSCEOLA REGIONAL HOSPITAL d/b/a OSCEOLA REGIONAL MEDICAL CENTER FOR THE NEGLIGENCE OF ITS EMPLOYEES, AGENTS, AND APPARENT AGENTS INCLUDING BUT NOT LIMITED TO ERIK FRENDAK, CRNA, MICHAEL R. DENARDIS, D.O., EZER A. OJEDA, M.D. RODNEY DEL VALLE, M.D., BHUPENDRAKUMAR M. PATEL, M.D., JOSE I. GIERBOLINI, M.D., JOHN LONGHI, M.D., Lisa Denarski,RN, Marissa Lee, RN and Jaymee Stahl, RN Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and 1 through 37 as if fully set forth herein. 38. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. Moreover, Defendants, EZER A. QUEDA, M.D., and OB HOSPITALIST GROUP, LLC, expressly deny any and all allegations of negligence contained within this Complaint. 39 (a-o). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied, including all subparts. Moreover, Defendants, EZER A. OJEDA, M.D., and OB HOSPITALIST GROUP, LLC, expressly deny any and all allegations of negligence contained within this Complaint 40. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 41. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 42. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 43. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 44, Denied. 4S. Denied. COUNT III: NEGLIGENCE OF OSCEOLA OB/GYN AND MICHAEL R. DENARDIS, D.O. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and Paragraphs 1 through 45 as if fully set forth herein. 46. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 47. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 48(a-o). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied, including all subparts. 49, Denied. 10 50. Denied. COUNT IV: NEGLIGENCE OF OB HOSPITALIST GROUP, LLC, AND EZER A. OJEDA, M.D. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and Paragraphs 1 through 50 as if fully set forth herein. Si. Admitted for jurisdictional purposes only. Otherwise, denied. 52. Denied as framed. OB HOSPITALIST GROUP, LLC is in and of itself a corporate entity and cannot on its own provide medical care. 53(a-o). Denied, including all subparts. 54. Denied. 55. Denied. COUNT V: OSCEOLA ANESTHESIA ASSOCIATES, PL, RODNEY DEL VALLE, M.D. AND ERIK FREDNAK, CRNA Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and Paragraphs 1 through 55 as if fully set forth herein. 56. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 11 57. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 58(a-h). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, ame are denied, including all subparts. 59. Denied. 60. Denied. COUNT VI: MID FLORIDA WOMAN’S CENTER, INC. AND BHUPENDRAKUMAR M. PATEL, —L_— M.D. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and Paragraphs 1 through 60 as if fully set forth herein. 61. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 62. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be 12 construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 63(a-o). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied, including all subparts. 64. Denied. 65. Denied. COUNT VII’: JMJ FAMILY PRACTICE, INC. AND JOSE RAMON FERNANDEZ, M.D. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and 1 through 65 as if fully set forth herein. 66. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 67. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. + This count is labeled as Count V in the Complaint. 13 68. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 69 (a-o). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, ame are denied, including all subparts. 70. Denied. 71. Denied. COUNT VIII:? PEDIATRIX MEDICAL GROUP, INC., PEDIATRIX MEDICAL GROUP OF FLORIDA, INC., MEDNAX, INC., JOSE I. GIERBOLINI, M.D. AND JOHN LONGHI, M.D. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and Paragraphs 1 through 71 as if fully set forth herein. 72. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 73. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be ? This count is labeled as Count VII in the Complaint. 14 construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 74, This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 75. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 76(a-g). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied, including all subparts. 77. Denied. 78. Denied. COUNT _Ix*: VICARIOUS LIABILITY OF HCA, INC., HCA HEALTH SERVICES OF FLORIDA, INC., AND HCA HEALTHCARE SERVICES FLORIDA, INC. AS A PARENT CORPORATION OF OSCEOLA REGIONAL MEDICAL CENTER Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, hereby adopt and incorporate their responses to Paragraphs 1 through 6 and 1 through 78 as if fully set forth herein. ° This count is labeled as Count VIII in the Complaint. 15 79. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 80. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, ame are denied. 81. This paragraph contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied. 82(a-o). This paragraph, including all subparts, contains allegations against another Defendant. To the extent that any of these allegations may be construed as against Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, same are denied, including all subparts. 83. Denied. 84. Denied. AFFIRMATIVE DEFENSES 1. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that Plaintiffs were, themselves, negligent and said negligence was the legal cause, in whole or in part, of their claimed injuries and damages. Any 16 damages awarded to the Plaintiffs should, therefore, be reduced to an amount equivalent to the Plaintiffs’ negligence. 2. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that Plaintiffs’ claimed injuries and damages were caused, in whole or in part, by the fault of persons or entities who are not under the direction or ontrol of these Defendants. Pursuant to Fla. Stat. §768.81 and the Fabre Doctrine, these Defendants are entitled to have the jury apportion fault to those persons or entities and is further entitled to have judgment entered against them only on the basis of their percentage of fault and not on the basis of joint and several liability. In support of this defense, these Defendants reserve the right to assert the Fabre Doctrine as to non-party participants through the course of discovery and may request that the foregoing be placed on the verdict form at the time of trial. 3. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege they are entitled to a set-off for all collateral source payments which have been paid to or on behalf of the Plaintiffs as a result of the Plaintiffs claimed injuries and damages. Fla. Stat. $768.76. 4, Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege they are entitled to a set-off for any payments made by or on behalf of any other defendants, 17 persons or entities allegedly responsible for the Plaintiffs’ injuries. 5. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that in the event of a judgment, these Defendants are entitled to make payment pursuant to Fla. Stat. $768.78. 6. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that Plaintiffs’ claim for medical and hospital expenses is limited and/or barred to the amount of any such expenses which have actually been paid and accepted by any health care provider. Alternatively, Plaintiffs’ claim for expenses due to medical or hospital treatment is limited to the amount actually paid and/or owed by Plaintiff to any such health care provider. 7. Pursuant to Fla. Stat. §766.118, these Defendants are entitled to a set-off for settlements paid by any other defendant, person or entity within the same statutory category as these Defendants. 8. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC,, affirmatively allege that some or all of Plaintiffs’ claims are barred by the applicable Statute of Limitations under Fla. Stat. §95.11(4) (b). 9. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC,, affirmatively allege that some or all of 18 Plaintiffs’ claims are barred by the applicable Statute of Repose under Fla. Stat. §95.11(4) (b). 10. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that Plaintiffs’ Complaint fails to state a cause of action upon which relief may be granted. 11. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that Plaintiffs’ Complaint fails to comply with the medical malpractice pre-suit notice requirements as set forth in Fla. Stat. § 766 and should be dismissed accordingly. 12. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that Plaintiffs’ Complaint contains impermissible allegations against EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, pursuant to Fla. Stat. §766.203. As such, these claims should be dismissed for failure to comply with conditions precedent under Chapter 766. 13. Defendants, EZER A. OJEDA, M.D. and OB HOSPITALIST GROUP, LLC, affirmatively allege that