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Filing # 112787556 E-Filed 09/02/2020 02:19:56 PM
IN THE CIRCUIT COURT OF THE 20™ JUDICIAL COURT
IN AND FOR CHARLOTTE COUNTY, FLORIDA
DEBORAH COOPER BURG,
by and through her Court-Appointed
Guardian, RICKY BURG,
NICOLE BURG, her daughter; and
RICKY BURG, her spouse,
Plaintiffs,
Vv. Case No.: 2020-000616-CA
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; ABIGAIL
UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI;
HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL;
SOVI JOSEPH M.D., P.A.; SOVI JOSEPH;
DOMINGO E. GALLIANO, JR., P-A.; DOMINGO
GALLIANO, JR.; PUNTA GORDA MEDICAL
INVESTORS, LLC D/B/A LIFE CARE CENTER OF
PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES,
LLC; and VANCE MALONEY, III,
Defendants.
/
DEFENDANT, SOVI JOSEPH M.D., P.A.’S
FIRST REQUEST FOR PRODUCTION OF DOCUMENTS
Defendants, SOVI JOSEPH M.D., P.A., by and through their undersigned counsel and
pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff, RICKY BURG, produce for inspection,
examination and copying at the offices of La Cava Jacobson & Goodis, P.A., 200 Central Ave.,
Suite 250, St. Petersburg, Florida 33701, within thirty (30) days, or at such time and place as may
be agreed upon between counsel the originals or, if the originals are unavailable, copies of all
documents hereinafter described in the possession, custody or control of Plaintiff.
"Document" shall be defined to the broadest extent permitted by Florida Rules of Civil
Procedure, and shall include, without limitation, every writing or record of every type and
description that is or has been in your possession, control or custody, or of which you have
knowledge, including, but not limited to, videotapes, photographs, charts, notes, records, reports,
letters, memoranda, books, magazines, notebooks, brochures, pamphlets, product literature, labels,
packaging information, package inserts, advertisements, articles, facsimiles, publications,
newspapers, journals, periodicals, consent forms, diaries, papers, agreements, contracts, bills,
statements (written or recorded), invoices, analyses, transcripts, correspondence, telegrams, drafts,
data bases, data processing discs or tapes and computer-produced interpretations thereof.
Document shall also include all copies that are not identical to the original, such as those bearing
marginal comments, alterations, or other notations not present on the original document as
originally written, typed, or otherwise prepared.
DOCUMENTS TO BE PRODUCED
Copies of any and all medical records, hospital records, emergency room records, and
records from any health care provider that record, reflect, refer, or relate to the treatment
of the Plaintiff for any injuries sustained within the incident.
Copies of any and all medical records, hospital records, emergency room records, and
records from any health care provider that record, reflect, refer, or relate to any examination
or treatment of the Plaintiff for any reason in the five (5) years prior to the incident.
All documents that refer or relate to any second opinion received by the Plaintiff before
undergoing the treatment(s) for any injuries sustained in the incident that is the subject of
this litigation.
All documents that refer or relate to any psychiatric or psychological examination, testing
and/or treatment of the Plaintiff either before or after undergoing any treatment(s) for
injuries sustained in the incident that is the subject of this litigation.
All documents that refer or relate to any physical or occupational therapy in which the
Plaintiff has participated, or in which the Plaintiff has declined to participate for the last
ten years, or for the period commencing five years before the date of the incident that is
the subject of this litigation and running to date, whichever is shorter.
Copies of any and all medical records, hospital records, emergency room records, and
records from any health care provider pertaining to the treatment of the Plaintiff for any
reason since the incident.
Copies of any and all medical bills and/or statements for services rendered, paid or unpaid,
as a result of the within incident, including any bills for drugs or other related expenses.
Copies of any and all bills, statements or receipts relating to any non-medical expenses
claimed as damages in this lawsuit which have not been produced in response to any of the
preceding paragraphs.
Copies of any and all medical reports, hospital reports, emergency room reports,
consultations, and reports from any health care provider pertaining to the treatment of the
Plaintiff for any injuries sustained in the incident.
10. Any and all statements, including, but not limited to, recorded telephone interviews, tapes,
written statements, whether signed or unsigned, of all witnesses to the incident relative to
the subject matter of this action and/or witnesses having any knowledge regarding any and
all facts and issues in the instant litigation.
11 All photographs of the Plaintiff depicting injuries Plaintiff sustained as a result of the
within incident.
12 All documents that refer or relate to any executed or proposed release, covenant not to sue,
settlement agreement, indemnity or contribution agreement, agreement affecting or
limiting liability, "Mary Carter Agreement,” or any other agreement relating to any claim
made by or on behalf of the Plaintiff, including, but not limited to, any damages that the
Plaintiff contends resulted from the incident that is the subject of this litigation.
13 Any and all photographs, blowups, recordings, charts, graphs, sketches and any other
tangible items or documentary evidence which you may or intend to use during the trial of
this cause and which have not been produced in response to any of the preceding
paragraphs.
14 All documents that constitute any insurance, self-insurance, or other plan, policy, or
program that provided health, major medical, hospitalization, surgical, life and/or
disability, or similar coverage to the Plaintiff, including, but not limited to, PIP insurance,
medical payment insurance, disability insurance and/or employment related insurance, at
the time of the incident that is the subject of this litigation.
15 All claims forms submitted by the Plaintiff or on the Plaintiff's behalf pursuant to the
policies of insurance referred to in Paragraph 14 above.
16 All documents that refer or relate to any acceptance or denial of claims for benefits made
by the Plaintiff or on the Plaintiff's behalf pursuant to the policies of insurance referred to
in Paragraph 14 above.
17 All statements, including but not limited to, recorded telephone interviews, tapes, written
statements, signed or unsigned, of the Plaintiff or any of their agents, servants or employees
relative to the within incident and any other issue which involves the instant litigation.
18 All incident reports filed by the Plaintiff for any purpose including, but not limited to,
reports to employer and/or insurance company regarding the incident, if applicable, and/or
any other reports filled out by the Plaintiff.
19 All documents, papers or evidence to be introduced at trial.
20. All documents, including, but not limited to, reports, written or otherwise recorded by any
expert or experts whom the Plaintiff intends to call as an expert at the trial of this matter,
or who has been retained or otherwise employed by the Plaintiff in anticipation of litigation
or preparation for trial in this action.
21 All documents prepared by or on behalf of, relied on by, or provided to any person the
Plaintiff intends to call as an expert witness at the trial of this matter.
22. Any and all books, reports, or other documents outlining the opinions of any expert
witnesses which the Plaintiff intends to call as an expert witness at the trial of this matter.
23 All documents which in any manner support the allegations set forth in the Complaint
and/or Amended Complaints (if applicable) filed by the Plaintiff in this litigation.
24, All videotapes, home movies, photographs or other documentary evidence which depict
the current condition of Plaintiff, DEBORAH COOPER BURG, which have been taken at
any time.
25 All diaries, journals, logs or other written materials and documents that record, reflect, or
relate to any of the physical, mental, or emotional injuries, ailments, conditions,
disabilities, or impairments that the Plaintiff claims resulted from the incident that is the
subject of this litigation.
26. All documents reflecting in-home health care or other support services that have been
provided to the Plaintiff for the last ten years, or for the period commencing five years
before the date of the incident that is the subject of this litigation and running to date,
whichever is shorter.
27 All letters, notes, memoranda or other written documentation prepared by
Defendants, or any representative from Defendants, which have been provided to
Plaintiff, and which are currently within the care, custody and control of her authorized
representative(s).
28 All documents given to the Plaintiff by anyone, including, but not limited to, any health
care provider, that in any way refer or relate to the Plaintiff's incident, including consent
forms and documents describing the treatment(s) and their possible results.
29. All documents that refer or relate to instructions, including surgical techniques, the
Plaintiff's physician(s), hospital, or other health care provider received from anyone
regarding any care and treatment rendered to Plaintiff as a result of the incident which is
the subject of this litigation.
30. All documents that refer or relate to any statement or suggestion by any person that the
Plaintiff has been injured in any way as a result of the incident at issue in this litigation.
31 All documents that the Plaintiff has sent to or received from anyone else claiming to have
been injured as a result of the same incident at issue in this litigation or by the same
Defendant(s), including all documents sent or received from any support group or similar
organization.
32 Copy of the Plaintiff's driver's license.
33 Copies of all tax returns, W-2 forms, applications for credit, statements of net worth, or
any other evidence of the Plaintiffs income for all years to date, beginning with the three
(3) years preceding this incident.
34. All documents that refer or relate to any vacations or pleasure trips that the Plaintiff has
taken since the date of the incident that is the subject of this litigation.
35 All documents reflecting the Plaintiffs membership in, and use of the facilities of any
health clubs, social clubs, and the like since the date of the incident that is the subject of
this litigation.
36. All documents relating to privileges requested or bestowed upon the Plaintiff as a result of
any impairment of or limitation to your physical abilities, including, but not limited to,
handicapped automobile license plates, public transportation passes or discounts,
entitlement to vocational or job training or retraining, employment preferences, and/or
governmental assistance of any kind.
37 All documents relating to the Plaintiffs employment, from the period commencing ten
years before the incident that is the subject of this litigation to the present date.
38 Withholding statements, pay envelopes, deposit slips, or any other evidence of income
earned by Plaintiff for the current calendar year.
39. Any and all MRI films.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the Circuit
Court on this 2"4 day of September, 2020, using the Florida Courts eFiling Portal which will send
a notice of electronic filing to: Edward R. Blumberg, Esq. at erbh@deutschblumberg.com and
rmitchell@deutschblumberg.com (Attorney for Plaintiff); Victoria N. Ferrentino, Esq. at
vferrentino@bgrplaw.com (Attorney for John Rioux, M.D. and West Florida Physician Network,
LLC d/b/a Gulf Pointe Surgical Specialists); Ralph L. Marchbank, Esq. at
rmarchbank@dglawyers.com, Igordon@dglawyers.com and jgadoury@dglawyers.com (Attorney
for Domingo E. Galliano, Jr., M.D. and Domingo E. Galliano, Jr., PA; Richard Mangan, Esq. at
Richard.mangan@rissman.com and stephanie.doyle@rissman.com (Attorney for Nandini Kiri,
M.D. and Nandi Kiri, M.D., P.A.); Douglas B. Lumpkin, Esq. at dlumpkin@wickersmith.com and
istiohn@wickersmith.com and mrowjohn@wickersmith.com (Attorney for Ahsan Kamal, M.D.
and Ahsan Kamal, M.D., PA and Harbor Medical Group); Susanne E. Riedhammer, Esq. at
stiedhammer@chimpoulishunter.com (Attorney for Vance Maloney, III, MD and Punta Gorda
Medical Investors, LLC d/b/a Life Care Center of Punta Gorda); Frances Prockop, Esq. at
fprockop@berplaw.com and drosick@bgrplaw.com (Attorney for Fawcett Memorial Hospital and
Abigail Utech); Scott B. Albee, Esq. at salbee(@fulmerlerov.com, rstevens@fulmerleroy.com and
kanderson@fulmerleroy.com (Attorney for Arturo Rodriguez-Martin, M.D.); and Richard
Bowers, Esq. at service-rbowers@bankerlopez.com (Attorney for Dilendra Weerasinghe, M.D.)
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants,
Sovi Joseph M.D. and Sovi Joseph, M.D., PA
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Telephone: (727) 477-1013
By: /s/ Brett P. Gliosca
BRETT P. GLIOSCA, ESQUIRE
Florida Bar No.: 0107501
JEFFREY M. GOODIS, ESQUIRE
Florida Bar No.: 0946524
Primary: stp-pleadings@liglegal.com
Secondary: bgliosca@liglegal.com
Tertiary: nkovacie@liglegal.com
Preview
Filing # 112787556 E-Filed 09/02/2020 02:19:56 PM IN THE CIRCUIT COURT OF THE 20™ JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through her Court-Appointed Guardian, RICKY BURG, NICOLE BURG, her daughter; and RICKY BURG, her spouse, Plaintiffs, Vv. Case No.: 2020-000616-CA WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; ABIGAIL UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH M.D., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P-A.; DOMINGO GALLIANO, JR.; PUNTA GORDA MEDICAL INVESTORS, LLC D/B/A LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / DEFENDANT, SOVI JOSEPH M.D., P.A.’S FIRST REQUEST FOR PRODUCTION OF DOCUMENTS Defendants, SOVI JOSEPH M.D., P.A., by and through their undersigned counsel and pursuant to Fla. R. Civ. P. 1.350, requests that Plaintiff, RICKY BURG, produce for inspection, examination and copying at the offices of La Cava Jacobson & Goodis, P.A., 200 Central Ave., Suite 250, St. Petersburg, Florida 33701, within thirty (30) days, or at such time and place as may be agreed upon between counsel the originals or, if the originals are unavailable, copies of all documents hereinafter described in the possession, custody or control of Plaintiff. "Document" shall be defined to the broadest extent permitted by Florida Rules of Civil Procedure, and shall include, without limitation, every writing or record of every type and description that is or has been in your possession, control or custody, or of which you have knowledge, including, but not limited to, videotapes, photographs, charts, notes, records, reports, letters, memoranda, books, magazines, notebooks, brochures, pamphlets, product literature, labels, packaging information, package inserts, advertisements, articles, facsimiles, publications, newspapers, journals, periodicals, consent forms, diaries, papers, agreements, contracts, bills, statements (written or recorded), invoices, analyses, transcripts, correspondence, telegrams, drafts, data bases, data processing discs or tapes and computer-produced interpretations thereof. Document shall also include all copies that are not identical to the original, such as those bearing marginal comments, alterations, or other notations not present on the original document as originally written, typed, or otherwise prepared. DOCUMENTS TO BE PRODUCED Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider that record, reflect, refer, or relate to the treatment of the Plaintiff for any injuries sustained within the incident. Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider that record, reflect, refer, or relate to any examination or treatment of the Plaintiff for any reason in the five (5) years prior to the incident. All documents that refer or relate to any second opinion received by the Plaintiff before undergoing the treatment(s) for any injuries sustained in the incident that is the subject of this litigation. All documents that refer or relate to any psychiatric or psychological examination, testing and/or treatment of the Plaintiff either before or after undergoing any treatment(s) for injuries sustained in the incident that is the subject of this litigation. All documents that refer or relate to any physical or occupational therapy in which the Plaintiff has participated, or in which the Plaintiff has declined to participate for the last ten years, or for the period commencing five years before the date of the incident that is the subject of this litigation and running to date, whichever is shorter. Copies of any and all medical records, hospital records, emergency room records, and records from any health care provider pertaining to the treatment of the Plaintiff for any reason since the incident. Copies of any and all medical bills and/or statements for services rendered, paid or unpaid, as a result of the within incident, including any bills for drugs or other related expenses. Copies of any and all bills, statements or receipts relating to any non-medical expenses claimed as damages in this lawsuit which have not been produced in response to any of the preceding paragraphs. Copies of any and all medical reports, hospital reports, emergency room reports, consultations, and reports from any health care provider pertaining to the treatment of the Plaintiff for any injuries sustained in the incident. 10. Any and all statements, including, but not limited to, recorded telephone interviews, tapes, written statements, whether signed or unsigned, of all witnesses to the incident relative to the subject matter of this action and/or witnesses having any knowledge regarding any and all facts and issues in the instant litigation. 11 All photographs of the Plaintiff depicting injuries Plaintiff sustained as a result of the within incident. 12 All documents that refer or relate to any executed or proposed release, covenant not to sue, settlement agreement, indemnity or contribution agreement, agreement affecting or limiting liability, "Mary Carter Agreement,” or any other agreement relating to any claim made by or on behalf of the Plaintiff, including, but not limited to, any damages that the Plaintiff contends resulted from the incident that is the subject of this litigation. 13 Any and all photographs, blowups, recordings, charts, graphs, sketches and any other tangible items or documentary evidence which you may or intend to use during the trial of this cause and which have not been produced in response to any of the preceding paragraphs. 14 All documents that constitute any insurance, self-insurance, or other plan, policy, or program that provided health, major medical, hospitalization, surgical, life and/or disability, or similar coverage to the Plaintiff, including, but not limited to, PIP insurance, medical payment insurance, disability insurance and/or employment related insurance, at the time of the incident that is the subject of this litigation. 15 All claims forms submitted by the Plaintiff or on the Plaintiff's behalf pursuant to the policies of insurance referred to in Paragraph 14 above. 16 All documents that refer or relate to any acceptance or denial of claims for benefits made by the Plaintiff or on the Plaintiff's behalf pursuant to the policies of insurance referred to in Paragraph 14 above. 17 All statements, including but not limited to, recorded telephone interviews, tapes, written statements, signed or unsigned, of the Plaintiff or any of their agents, servants or employees relative to the within incident and any other issue which involves the instant litigation. 18 All incident reports filed by the Plaintiff for any purpose including, but not limited to, reports to employer and/or insurance company regarding the incident, if applicable, and/or any other reports filled out by the Plaintiff. 19 All documents, papers or evidence to be introduced at trial. 20. All documents, including, but not limited to, reports, written or otherwise recorded by any expert or experts whom the Plaintiff intends to call as an expert at the trial of this matter, or who has been retained or otherwise employed by the Plaintiff in anticipation of litigation or preparation for trial in this action. 21 All documents prepared by or on behalf of, relied on by, or provided to any person the Plaintiff intends to call as an expert witness at the trial of this matter. 22. Any and all books, reports, or other documents outlining the opinions of any expert witnesses which the Plaintiff intends to call as an expert witness at the trial of this matter. 23 All documents which in any manner support the allegations set forth in the Complaint and/or Amended Complaints (if applicable) filed by the Plaintiff in this litigation. 24, All videotapes, home movies, photographs or other documentary evidence which depict the current condition of Plaintiff, DEBORAH COOPER BURG, which have been taken at any time. 25 All diaries, journals, logs or other written materials and documents that record, reflect, or relate to any of the physical, mental, or emotional injuries, ailments, conditions, disabilities, or impairments that the Plaintiff claims resulted from the incident that is the subject of this litigation. 26. All documents reflecting in-home health care or other support services that have been provided to the Plaintiff for the last ten years, or for the period commencing five years before the date of the incident that is the subject of this litigation and running to date, whichever is shorter. 27 All letters, notes, memoranda or other written documentation prepared by Defendants, or any representative from Defendants, which have been provided to Plaintiff, and which are currently within the care, custody and control of her authorized representative(s). 28 All documents given to the Plaintiff by anyone, including, but not limited to, any health care provider, that in any way refer or relate to the Plaintiff's incident, including consent forms and documents describing the treatment(s) and their possible results. 29. All documents that refer or relate to instructions, including surgical techniques, the Plaintiff's physician(s), hospital, or other health care provider received from anyone regarding any care and treatment rendered to Plaintiff as a result of the incident which is the subject of this litigation. 30. All documents that refer or relate to any statement or suggestion by any person that the Plaintiff has been injured in any way as a result of the incident at issue in this litigation. 31 All documents that the Plaintiff has sent to or received from anyone else claiming to have been injured as a result of the same incident at issue in this litigation or by the same Defendant(s), including all documents sent or received from any support group or similar organization. 32 Copy of the Plaintiff's driver's license. 33 Copies of all tax returns, W-2 forms, applications for credit, statements of net worth, or any other evidence of the Plaintiffs income for all years to date, beginning with the three (3) years preceding this incident. 34. All documents that refer or relate to any vacations or pleasure trips that the Plaintiff has taken since the date of the incident that is the subject of this litigation. 35 All documents reflecting the Plaintiffs membership in, and use of the facilities of any health clubs, social clubs, and the like since the date of the incident that is the subject of this litigation. 36. All documents relating to privileges requested or bestowed upon the Plaintiff as a result of any impairment of or limitation to your physical abilities, including, but not limited to, handicapped automobile license plates, public transportation passes or discounts, entitlement to vocational or job training or retraining, employment preferences, and/or governmental assistance of any kind. 37 All documents relating to the Plaintiffs employment, from the period commencing ten years before the incident that is the subject of this litigation to the present date. 38 Withholding statements, pay envelopes, deposit slips, or any other evidence of income earned by Plaintiff for the current calendar year. 39. Any and all MRI films. CERTIFICATE OF SERVICE I HEREBY CERTIFY that I electronically filed the foregoing with the Clerk of the Circuit Court on this 2"4 day of September, 2020, using the Florida Courts eFiling Portal which will send a notice of electronic filing to: Edward R. Blumberg, Esq. at erbh@deutschblumberg.com and rmitchell@deutschblumberg.com (Attorney for Plaintiff); Victoria N. Ferrentino, Esq. at vferrentino@bgrplaw.com (Attorney for John Rioux, M.D. and West Florida Physician Network, LLC d/b/a Gulf Pointe Surgical Specialists); Ralph L. Marchbank, Esq. at rmarchbank@dglawyers.com, Igordon@dglawyers.com and jgadoury@dglawyers.com (Attorney for Domingo E. Galliano, Jr., M.D. and Domingo E. Galliano, Jr., PA; Richard Mangan, Esq. at Richard.mangan@rissman.com and stephanie.doyle@rissman.com (Attorney for Nandini Kiri, M.D. and Nandi Kiri, M.D., P.A.); Douglas B. Lumpkin, Esq. at dlumpkin@wickersmith.com and istiohn@wickersmith.com and mrowjohn@wickersmith.com (Attorney for Ahsan Kamal, M.D. and Ahsan Kamal, M.D., PA and Harbor Medical Group); Susanne E. Riedhammer, Esq. at stiedhammer@chimpoulishunter.com (Attorney for Vance Maloney, III, MD and Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda); Frances Prockop, Esq. at fprockop@berplaw.com and drosick@bgrplaw.com (Attorney for Fawcett Memorial Hospital and Abigail Utech); Scott B. Albee, Esq. at salbee(@fulmerlerov.com, rstevens@fulmerleroy.com and kanderson@fulmerleroy.com (Attorney for Arturo Rodriguez-Martin, M.D.); and Richard Bowers, Esq. at service-rbowers@bankerlopez.com (Attorney for Dilendra Weerasinghe, M.D.) LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants, Sovi Joseph M.D. and Sovi Joseph, M.D., PA 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Telephone: (727) 477-1013 By: /s/ Brett P. Gliosca BRETT P. GLIOSCA, ESQUIRE Florida Bar No.: 0107501 JEFFREY M. GOODIS, ESQUIRE Florida Bar No.: 0946524 Primary: stp-pleadings@liglegal.com Secondary: bgliosca@liglegal.com Tertiary: nkovacie@liglegal.com