Preview
Filing # 117266090 E-Filed 11/25/2020 11:20:13 AM
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA
RICKY BURG, her spouse,
Plaintiffs,
Vv.
WEST FLORIDA PHYSICIAN NETWORK, LLC;
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.
/
PLAINTIFFS’ MOTION FOR LEAVE TO FILE AMENDED MPLAINT
COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her
spouse, by and through their undersigned attorneys, and move this Honorable Court for
leave to file an Amended Complaint for Damages, and as grounds therefore state:
& Caballero, P&H.
NEW WORLD TOWER > 100. BIBCAYNE BOULEVARD, SUITE 2602 - MuAN, FLORIDA 33152 » TEL (905) 358-6329
Burg v West Florida Physician Network, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
1. That discovery and investigation have led to additional parties to be joined in the case
as well as various amendments in existing counts. A copy of the proposed Amended
Complaint for Damages is attached hereto.
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by e-service this 25** day of November, 2020 to: see attached service list.
DEUTSCH BLUMBERG & CABALLERO, P.A.
Attorneys for Plaintiffs
New World Tower, Suite 2802
100 North Biscayne Boulevard
Miami, Florida 33132
(305) 358-6329
(305) 358-9304 (facsimile)
Email — erb@deutschblumberg.com;
rmitchell@deutschblumberg.com;
heastillo@deutschblumberg.com
By: s/Edward R. Blumberg
EDWARD R. BLUMBERG, ESQ
Florida Bar No. 190870
& Caballero, P&H.
NEW WORLD TOWER > 100. BIBCAYNE BOULEVARD, SUITE 2602 - MuAN, FLORIDA 33152 » TEL (905) 358-6329
BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
SERVICE LIST
John M. Stewart, Esquire
Michael J. Swan, Esquire
Rossway Swan Tierney Barry & Oliver, P.L.
Co-Counsel for PLAINTIFFS
2101 Indian River Boulevard, Suite 200
Vero Beach, Florida 32960
Telephone: (772) 231-4440
E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com
Richard K. Bowers, Esquire
Bankers Lopez Gassler, P.A.
Attorneys for DILENDRA WEERASINGHE
501 East Kennedy Boulevard, Suite 1700
Tampa, FL 33602
Telephone: 813-221-1500
Fax: 813-222-3066
Email: service-rbowers@bankerlopez.com
Jay P. Chimpoulis, Esquire
Susanne E. Riedhammer, Esquire
Chimpoulis & Hunter, P.A.
Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE
CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY,
Il
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
Telephone: 954-463-0033
Fax: 954-463-9562
Email: JCHimpoulis@ChimpoulisHunter.com
Victoria N. Ferrentino, Esq.
Natalie J. Davy, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX
100 S. Ashley Drive, #1400
Tampa, FL 33602
Telephone: 813-228-7000
Fax: 813-273-0091
Emails: vferrentino@barplaw.com; ndavy@barplaw.com; eserve@barplaw.com; and
dhensley@barplaw.com
1|Page
Douglas Lumpkin, Esq.
Summer E. Harcup, Esq.
Wicker Smith O’Hara McCoy & Ford, P.A.
Attorneys for Defendants AHSAN KAMAL, M.D. and HARBOR MEDICAL GROUP, LLC
1819 Main Street, Suite 910
Sarasota, FL 34236
Telephone: 941-366-4200
Fax: 941-366-4227
Email: SARertpleadings@wickersmith.com
Ralph L. Marchbank, Jr., Esq.
Dickinson & Gibbons, P.A.
Attorney for Defendants DOMINGO GALLIANO, JR. and DOMINGO E. GALLIANO, JR.,
P.A.
401 N. Cattlemen Road, Suite 300
Sarasota, FL 34232
Telephone: 941-366-4680
Fa: 941-953-3136
Emails: Rmarchbank@dglawyers.com; Lgordon@dglawyers.com
Brett P. Gliosca, Esq.
Jeffrey M. Goodis, Esq.
LA CAVA JACOBSON & GOODIS, P.A.
Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A.
200 Central Avenue, Suite 250
St. Petersburg, FL 33701
Office: 727-477-1013
Fax: 727-550-0811
Emails: stp-pleadings@liglegal.com; bgliosca@ljglegal.com; nkovacic@liglegal.com
Frances G. Prockop, Esq.
Alexandra S. Farren, Esq.
Bush Graziano Rice & Platter, P.A.
Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Office: 813-228-7000
Fax: 813-229-6316
Emails: eserve@bgrplaw.com; Iplyushko@barplaw.com
2|Page
RICHARD B. MANGAN, JR., ESQUIRE
KELSEY T. CAMPBELL, ESQUIRE
RISSMAN, BARRETT, HURT
DONAHUE, McLAIN & MANGAN, P.A. Attorneys for Defendant,
Nandini Kiri, M.D. and Nandini Kiri, M.D., P.A.
1 North Dale Mabry Highway
11th Floor
Tampa, FL 33609
Telephone: (813) 221-3114
Facsimile: (813) 221-3033
Email: rom.service@rissman.com
Email: kic.service@rissman.com
Stephanie. doyle@rissman.com
3|Page
IN THE CIRCUIT COURT OF THE
20 JUDICIAL COURT IN AND
FOR CHARLOTTE COUNTY,
FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. 2020-000616 CA
DEBORAH COOPER BURG, by and through
her Court-appointed Guardian, RICKY
BURG; NICOLE BURG, her daughter; and
RICKY BURG, her spouse,
Plaintiffs,
Vv
WEST FLORIDA PHYSICIAN NETWORK, LLC;
DILENDRA WEERASINGHE; JOHN RIOUX;
FAWCETT MEMORIAL HOSPITAL, INC. d/b/a
FAWCETT MEMORIAL HOSPITAL; SUSAN
BRUNER; ABIGAIL UTECH; NANDINI KIRI,
M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL
GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH,
M.D., P.A.; SOVI JOSEPH; DOMINGO E.
GALLIANO, JR., P.A.; DOMINGO GALLIANO,
JR.; ARTURO RODRIGUEZ-MARTIN, M.D.,
P.L.; ARTURO RODRIGUEZ-MARTIN;
MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP;
CATHY CRISS; LIFE CARE CENTERS OF
AMERICA, INC.; PUNTA GORDA MEDICAL
INVESTORS, LLC d/b/a LIFE CARE CENTER
OF PUNTA GORDA, LIFE CARE PHYSICIAN
SERVICES, LLC; and VANCE MALONEY, III,
Defendants.
/
AMENDED MPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 2
INDEX OF IN .
CLAIMS AGAINST DEFENDANT WEST FLORIDA PHYSICIAN
NETWORK, LLC
Count I — Claim on behalf Deborah Cooper Burg Page 5
Count II — Claim of Nicole Burg Page 15
Count III — Claim of Ricky Burg Page 25
CLAIMS AGAINST DILENDRA WEERASINGHE
Count IV - Claim on behalf of Deborah Cooper Burg Page 34
Count V — Claim of Nicole Burg Page 42
Count VI - Claim of Ricky Burg Page 50
CLAIMS AGAINST JOHN RIOUX
Count VII — Claim on behalf of Deborah Cooper Burg Page 57
Count VIII — Claim of Nicole Burg Page 66
Count IX — Claim of Ricky Burg Page 74
CLAIMS AGAINST FAWCETT MEMORIAL HOSPITAL, INC.
d/b/a FAWCETT MEMORIAL HOSPITAL
Count X — Claim on behalf of Deborah Cooper Burg Page 82
Count XI — Claim of Nicole Burg Page 91
Count XII — Claim of Ricky Burg Page 100
CLAIMS AGAINST SUSAN BRUNER
Count XIII — Claim on behalf of Deborah Cooper Burg Page 108
Count XIV — Claim of Nicole Burg Page 116
Count XV — Claim of Ricky Burg Page 122
CLAIMS AGAINST ABIGAIL UTECH
Count XVI — Claim on behalf of Deborah Cooper Burg Page 129
Count XVII — Claim of Nicole Burg Page 137
Count XVIII — Claim of Ricky Burg Page 144
CLAIMS AGANST NANDINI KIRI, M.D., P.A.
Count XIX - Claim on behalf of Deborah Cooper Burg Page 151
Count XX — Claim of Nicole Burg Page 159
Count XXI — Claim of Ricky Burg Page 166
CLAIMS AGAINST NANDINI KIRI
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 3
Count XXII - Claim on behalf of Deborah Cooper Burg Page 174
Count XXIII - Claim of Nicole Burg Page 181
Count XXIV — Claim of Ricky Burg Page 189
CLAIMS AGAINST HARBOR MEDICAL GROUP, LLC
Count XXV — Claim on behalf of Deborah Cooper Burg Page 195
Count XXVI — Claim of Nicole Burg Page 204
Count XXVII — Claim of Ricky Burg Page 212
CLAIMS AGAINST AHSAN KAMAL
Count XXVIII — Claim on behalf of Deborah Cooper Burg Page 219
Count XXIX — Claim of Nicole Burg Page 227
Count XXX — Claim of Ricky Burg Page 234
CLAIMS AGAINST SOVI JOSEPH, M.D, P.A.
Count XXXI — Claim on behalf of Deborah Cooper Burg Page 242
Count XXXII - Claim of Nicole Burg Page 250
Count XXXIII — Claim of Ricky Burg Page 258
CLAIMS AGAINST SOVI JOSEPH
Count XXXIV — Claim on behalf of Deborah Cooper Burg Page 265
Count XXXV — Claim of Nicole Burg Page 273
Count XXXVI — Claim of Ricky Burg Page 280
CLAIMS AGAINST DOMINGO E. GALLIANO, JR., P.A.
Count XXXVII — Claim on behalf of Deborah Cooper Burg Page 287
Count XXXVIII — Claim of Nicole Burg Page 296
Count XXXIX — Claim of Ricky Burg Page 303
CLAIMS AGAINST DOMINGO GALLIANO, JR.
Count XL — Claim on behalf of Deborah Cooper Burg Page 311
Count XLI — Claim of Nicole Burg Page 318
Count XLII - Claim of Ricky Burg Page 325
CLAIMS AGAINST ARTURO RODRIGUEZ-MARTIN, M.D., P.L.
Count XLIII— Claim on behalf of Deborah Cooper Burg Page 332
Count XLIV — Claim of Nicole Burg Page 341
Count XLV — Claim of Ricky Burg Page 348
CLAIMS AGAINST ARTURO RODRIGUEZ-MARTIN
Count XLVI — Claim on behalf of Deborah Cooper Burg Page 356
Count XLVII — Claim of Nicole Burg Page 364
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 4
Count XLVIII - Claim of Ricky Burg Page 371
CLAIMS AGAINST MILLENNIUM PHYSICIAN GROUP, LLC
d/b/a MILLENNIUM PHYSICIAN GROUP
Count XLIX — Claim on behalf of Deborah Cooper Burg Page 379
Count L — Claim of Nicole Burg Page 386
Count LI — Claim of Ricky Burg Page 393
CLAIMS AGAINST CATHY CRISS
Count LII — Claim on behalf of Deborah Cooper Burg Page 400
Count LIII — Claim of Nicole Burg Page 408
Count LIV — Claim of Ricky Burg Page 414
CLAIMS AGAINST LIFE CARE CENTERS OF
AMERICA, INC. PURSUANT TO FLORIDA STATUTE CHAPTER 400
Count LV — Claim on behalf of Deborah Cooper Burg Page 421
Count LVI — Claim of Nicole Burg Page 427
Count LVII - Claim of Ricky Burg Page 433
CLAIMS AGAINST PUNTA GORDA MEDICAL INVESTORS,
LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA
PURSUANT TO FLORIDA STATUTE CHAPTER 400
Count LVIII — Claim on behalf of Deborah Cooper Burg Page 438
Count LIX — Claim of Nicole Burg Page 445
Count LX — Claim of Ricky Burg Page 451
CLAIMS AGAINST LIFE CARE PHYSICIAN SERVICES, LLC
Count LXI — Claim on behalf of Deborah Cooper Burg Page 457
Count LXII — Claim of Nicole Burg Page 465
Count LXIII — Claim of Ricky Burg Page 473
CLAIMS AGAINST VANCE MALONEY, III
Count LXIV — Claim on behalf of Deborah Cooper Burg Page 481
Count LXV — Claim of Nicole Burg Page 489
Count LXVI — Claim of Ricky Burg Page 496
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 5
COME NOW, DEBORAH COOPER BURG, by and through her Court-appointed
Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by
and through their undersigned attorneys, and sue the Defendants, WEST FLORIDA
PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCE
MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER;
ABIGAIL UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP,
LLC; AHSAN KAMAL; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO,
JR., P.A.; DOMINGO GALLIANO, JR.; ARTURO RODRIGUEZ-MARTIN, M.D., P.L.;
ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a
MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA,
INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA
GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, and state:
DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS
LIABILITY FOR THE CONDUCT OF DILENDRA WEERASINGHE AND
JOHN RIOUX
1. That this is an action for damages in excess of the jurisdictional limits of this
Court, exclusive of interest and costs.
2. That DEBORAH COOPER BURG, at all pertinent times, is a resident of Florida.
3. That RICKY BURG, at all pertinent times, is the lawful spouse of DEBORAH
COOPER BURG, and has been appointed by the Court to be her lawful Guardian of the
Person and Property as a result of the injuries inflicted upon her by Defendant WEST
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 6
FLORIDA PHYSICIAN NETWORK, LLC. See Letters of Plenary Guardianship of the
Person and Property and Reports of Examining Committee Members attached hereto as
Composite Exhibit A.
4. That any and all conditions precedent to the maintenance of this action have
occurred or have been complied with by the Plaintiffs or have been waived by the
Defendant.
5. That the undersigned counsel for the Plaintiffs hereby certify that a reasonable
investigation as permitted by the circumstances has been made and said investigation
gives rise to a good faith belief that grounds exist for this action against said
Defendant.
6. That at all pertinent times, DEBORAH COOPER BURG was a patient of Defendant
WEST FLORIDA PHYSICIAN NETWORK, LLC. Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC is an entity that acted at all times by and through its employees,
Defendants DILENDRA WEERASINGHE, JOHN RIOUX, and JOHN RIOUX’S physician
extender, Debra Nowak. As to all matters concerning the care and treatment of
DEBORAH COOPER BURG, each of the said Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC'S employees acted at all pertinent times within the course and scope of
such employment. At all pertinent times, Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC acknowledged to DEBORAH COOPER BURG that it was the employer of
said individuals and further, said individuals agreed to act under said employment and
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 7
at all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC had the
control or right of control of the actions of said employees.
7. That Defendants DILENDRA WEERASINGHE and JOHN RIOUX, at all pertinent
times, were medical doctors doing business in Charlotte County, Florida and were
residents of the State of Florida. Said Defendants held themselves out to DEBORAH
COOPER BURG as well as the patient community as being experts in bariatric surgery
and the proper preoperative, operative and postoperative bariatric surgical care and
treatment. Further, at all pertinent times, Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC employed Debra Nowak as a physician extender/advanced registered
nurse practitioner for Defendant JOHN RIOUX in instances when he was not physically
present with the patient and Defendant JOHN RIOUX supervised and/or had the
responsibility of supervising Debra Nowak at all such times and Debra Nowak acted
under the orders of Defendant JOHN RIOUX and acted in the role and capacity of his
physician extender in all matters at all pertinent times.
8. That on or about June 17, 2019, Defendant DILENDRA WEERASINGHE
performed bariatric surgery on DEBORAH COOPER BURG at Fawcett Memorial Hospital
and thereafter he and Defendants JOHN RIOUX and WEST FLORIDA PHYSICIAN
NETWORK, LLC assumed the duty and responsibility of performing the necessary
postoperative follow up on said patient. The bariatric surgery performed by Defendant
DILENDRA WEERASINGHE is known as a Roux-En-Y gastric bypass which represents
the reconstruction of DEBORAH COOPER BURG’S stomach in a markedly reduced
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 8
fashion so that she could only eat very small portions of food at a time. Because of the
reduced food intake, this procedure required DEBORAH COOPER BURG to be on a
special prophylactic daily and lifelong diet of proper nutrition and vitamin intake
including vitamin B1/Thiamine which is a vitamin absolutely necessary to proper
neurologic function and without an adequate amount of this vitamin, it was known or
should have been known to Defendants DILENDRA WEERASINGHE, JOHN RIOUX and
WEST FLORIDA PHYSICIAN NETWORK, LLC, as well as Debra Nowak, the physician
extender/advanced registered nurse practitioner for Defendant JOHN RIOUX, that
DEBORAH COOPER BURG’S neurologic system would be irreparably damaged resulting
in a condition known as Wernicke encephalopathy and Korsakoff psychosis which cause
the loss of the ability of the brain to properly think, process emotions as well as the loss
of proper speech, gait, motor function and sensory function, all of which rely upon the
neurologic system.
9. That Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and
through the above said physician employees, obtained actual and/or constructive
knowledge that postoperatively, DEBORAH COOPER BURG had become inflicted as a
result of her bariatric surgery and its sequelae with a condition of intractable vomiting
to such an intense degree that she was unable to obtain the necessary nutrition and
vitamin supplementation needed to sustain her proper bodily functioning including her
proper and healthy neurological system.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 9
10. At all pertinent times, the accepted standard of care for health care providers
such as Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, which acted by and
through its above said physician employees, involved in the care and treatment of
patients such as DEBORAH COOPER BURG who undergo bariatric surgery, included the
knowledge that even with otherwise successful bariatric surgery, patients such as her
are well known, within reasonable medical probability, to have difficulty sustaining
proper nutrition and adequate vitamin intake and thus, must be carefully monitored
postoperatively with a carefully designed and implemented plan of adequate nutrition
and vitamin intake post-bariatric surgery on a constant prophylactic daily basis for life
to prevent the neurologic damage that actually occurred to DEBORAH COOPER BURG.
Further, the accepted standard of care of health care providers such as Defendant
WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said
physician employees, included the knowledge that if a patient such as DEBORAH
COOPER BURG cannot or does not, because of intractable vomiting or otherwise,
maintain adequate nutrition and adequate vitamin intake including, but not limited to
vitamin B1/Thiamine, vitamin B12 and Folic Acid, then the neurologic system of the
patient such as DEBORAH COOPER BURG essentially starves leading to the onset of the
above described neurologic conditions called Wernicke encephalopathy and Korsakoff
psychosis.
11. That Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and
through its above said physician employees, breached the accepted standard of care it
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 10
owed to DEBORAH COOPER BURG in that, over a period of multiple weeks, when it had
actual and/or constructive knowledge that DEBORAH COOPER BURG was not obtaining
necessary nutrition and vitamin intake to maintain proper neurologic functioning, failed
to timely evaluate, assess, test, recognize, prevent and treat the known postoperative
bariatric surgical complications including but not limited to, vitamin B1/Thiamine
deficiency. In light of DEBORAH COOPER BURG'S post bariatric surgery presentation of
persistent and ongoing vomiting and poor oral intake, all of which Defendant WEST
FLORIDA PHYSICIAN NETWORK, LLC knew or should have known of, Defendant WEST
FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician
employees, further breached the accepted standard of care it owed to DEBORAH
COOPER BURG by failing to anticipate and recognize the likelihood of vitamin
Bi/Thiamine deficiency occurring, by failing to take the necessary steps known and
needed to prevent the occurrence of vitamin B1/Thiamine deficiency by prophylactically
providing DEBORAH COOPER BURG adequate amounts of vitamin B1/Thiamine
replacement, and by failing to alert and inform DEBORAH COOPER BURG’S various
other health care providers of the necessity of providing replenishment of nutrition and
vitamin B1/Thiamine on a daily ongoing basis which was of critical and necessary
importance because without doing so, DEBORAH COOPER BURG, within reasonable
medical probability, was known or should have been known to Defendant WEST
FLORIDA PHYSICIAN NETWORK, LLC to be doomed to develop the catastrophic
neurologic disease known as Wernicke encephalopathy and its sequela, Korsakoff
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 11
psychosis. As a result of Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC'S,
acting by and through its above said physician employees, above breaches of the
accepted standard of care, the neurologic system of DEBORAH COOPER BURG has been
catastrophically injured and damaged on a permanent basis rendering DEBORAH
COOPER BURG totally disabled, through the onset of Wernicke encephalopathy and
Korsakoff psychosis.
12.That Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and
through its above said physician employees, had the duty to address DEBORAH
COOPER BURG'S nutritional starvation and vitamin insufficiency and its failure to do so
represents a breach of that duty and demonstrates conduct below the accepted
standard of care and professional prevailing practices that it had the duty to provide to
DEBORAH COOPER BURG. With further particularity, Defendant WEST FLORIDA
PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees,
had actual and/or constructive knowledge that beginning on or about July 10, 2019,
DEBORAH COOPER BURG began suffering from near constant vomiting and the inability
to keep down food, nutrition, and vitamins including vitamin B1/Thiamine, resulting in
multiple trips to the Fawcett Memorial Hospital emergency room and as an inpatient in
the months of July and August 2019. Further, on or about August 7, 2019, Defendant
WEST FLORIDA PHYSICIAN NETWORK, LLC, by and through its employee, DILENDRA
WEERASINGHE, performed an upper endoscopy procedure on DEBORAH COOPER
BURG to investigate the cause of her near intractable vomiting and yet said Defendant
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 12
failed to order a simple blood test to determine DEBORAH COOPER BURG'S vitamin
B1i/Thiamine level and other vitamin levels or alternatively, to take steps to provide oral
or intravenous vitamin infusion to her or to alert her other health care providers as to
the necessity of replenishing vitamin B1/Thiamine to DEBORAH COOPER BURG so that
it would be assured that DEBORAH COOPER BURG would receive the proper nutrition
and vitamin B1/Thiamine intake. Defendant WEST FLORIDA PHYSICIAN NETWORK,
LLC, acting by and through its above said physician employees, knew or should have
known that vitamin B1/Thiamine and other vitamins and nutrients were critical to
DEBORAH COOPER BURG maintaining a properly functioning neurologic system.
Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above
said physician employees, knew or should have known that without proper vitamin
B1i/Thiamine and other vitamin and nutrient infusion, DEBORAH COOPER BURG would,
within reasonable medical probability, sustain Wernicke encephalopathy and Korsakoff
psychosis and yet deviated from the accepted standard of care by failing to provide this
nutritional and vitamin support to DEBORAH COOPER BURG. The above conduct of
Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above
said physician employees, represents deviations from the accepted standard of care and
prevailing professional practices it owed to DEBORAH COOPER BURG, which were a
legal cause of the catastrophic injuries and damages that befallen DEBORAH COOPER
BURG.
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 13
13. Further, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and
through its above said physician employees, assumed the responsibility and duty of
performing the bariatric surgery on DEBORAH COOPER BURG and assumed the
responsibility and duty of providing proper postoperative care, assessment, evaluation,
testing, treatment and communication with DEBORAH COOPER BURG’S present and
subsequent health care providers from July 10, 2019 through August 2019. Moreover,
subsequent to August 7, 2019, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC,
acting by and through its above said physician employees, failed to follow up with
DEBORAH COOPER BURG or her other subsequent health care providers and
abandoned DEBORAH COOPER BURG by failing to take affirmative steps to either follow
up subsequent to August 7, 2019 to ensure she was receiving the proper medical
support and follow up so that she would be sure to receive proper nutrition and vitamin
B1i/Thiamine or ensure that a knowledgeable specialist in bariatric surgery provide the
appropriate follow up in the absence of Defendant DILENDRA WEERASINGHE and/or
Defendant JOHN RIOUX. Further, had Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC, acting by and through its above said physician employees, taken the
necessary affirmative steps to follow up with its patient, DEBORAH COOPER BURG, it
would have learned that she had to be re-hospitalized on August 10, 2019 at Fawcett
Memorial Hospital, a hospital of which Defendants DILENDRA WEERASINGHE and JOHN
RIOUX were on the staff of, whereby Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC, acting by and through its above said physician employees, had the
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 14
duty to have either seen and treated DEBORAH COOPER BURG there and/or had the
duty to advise and communicate with her health care providers of the necessity of
proper nutrition and vitamin B1/Thiamine, without which DEBORAH COOPER BURG,
within reasonable medical probability, would be doomed to develop neurologic
dysfunction such as Wernicke encephalopathy and Korsakoff psychosis, or alternatively,
Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above
said physician employees, had the duty to DEBORAH COOPER BURG to arrange for a
knowledgeable bariatric surgeon to follow up and consult and treat DEBORAH COOPER
BURG subsequent to August 7, 2019. Such conduct as stated above of Defendant
WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said
physician employees, represents conduct below the accepted standard of care and
professional prevailing practices that it had the duty to provide to DEBORAH COOPER
BURG. It breached that duty with the result being that DEBORAH COOPER BURG,
within reasonable medical probability, is catastrophically injured and damaged on a
permanent basis, by the onset of Wernicke encephalopathy and Korsakoff psychosis
and related maladies and sequelae therefrom including but not limited to,
hallucinations, the inability to clearly think, the inability to demonstrate emotional
control, the inability to properly walk, talk and otherwise have full motor and sensory
function.
14. That as a direct and proximate result of the above mentioned breaches of the
accepted standard of care and prevailing professional practices committed by
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 15
Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above
said physician employees, DEBORAH COOPER BURG suffered permanent injuries
causing her to be permanently and totally disabled. DEBORAH COOPER BURG was
injured in and about her body and extremities, suffered aggravation of pre-existing
conditions, suffered and will suffer into the future pain therefrom, suffered and will
suffer into the future disability and physical impairment, suffered and will suffer into the
future mental pain and suffering, incurred and will incur into the future medical,
medically-related and care expenses in the treatment of her injuries, suffered and will
suffer into the future physical handicap, her capacity to enjoy life was impaired and will
be impaired into the future, and she lost earnings in the past and the ability and the
capacity to earn money in the future, as well as past and future loss of fringe-type
benefits related to employment. Within reasonable medical probability, her injuries are
permanent and continuing and DEBORAH COOPER BURG will suffer the above stated
losses and impairments in the future related thereto.
WHEREFORE, Plaintiff DEBORAH COOPER BURG, by and through her Court-
appointed Guardian, RICKY BURG, sues Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC for compensatory damages, interest on liquidated damages, costs and
demand trial by jury of all issues so triable herein.
FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE
CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 16
15. That this is an action for damages in excess of the jurisdictional limits of this
Court, exclusive of interest and costs.
16. That NICOLE BURG, at all pertinent times, is a resident of Florida and is the
unmarried natural daughter of DEBORAH COOPER BURG, who at all times material
hereto, was dependent on DEBORAH COOPER BURG. Further, NICOLE BURG was born
on (RAE anc is entitled to damages and to bring this claim pursuant to F.S.
768.0415.
17. That any and all conditions precedent to the maintenance of this action have
occurred or have been complied with by the Plaintiffs or have been waived by the
Defendant.
18. That the undersigned counsel for the Plaintiffs hereby certify that a reasonable
investigation as permitted by the circumstances has been made and said investigation
gives rise to a good faith belief that grounds exist for this action against said
Defendant.
19. That at all pertinent times, DEBORAH COOPER BURG was a patient of
Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC. Defendant WEST FLORIDA
PHYSICIAN NETWORK, LLC is an entity that acted at all times by and through its
employees, Defendants DILENDRA WEERASINGHE, JOHN RIOUX, and JOHN RIOUX’S
physician extender, Debra Nowak. As to all matters concerning the care and treatment
of DEBORAH COOPER BURG, each of the said Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC’S employees acted at all pertinent times within the course and scope of
& Catallere, PA.
NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928
DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al.
CASE NO. 2020-000616 CA
Page 17
such employment. At all pertinent times, Defendant WEST FLORIDA PHYSICIAN
NETWORK, LLC acknowledged to DEBORAH COOPER BURG that it was the employer of
said individuals and further, said individuals agreed to act under said employment and
at all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC had the
control or right of control of the actions of said employees.
20.That Defendants DILENDRA WEERASINGHE and JOHN
Preview
Filing # 117266090 E-Filed 11/25/2020 11:20:13 AM IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA DEBORAH COOPER BURG, by and through GENERAL JURISDICTION DIVISION her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and CASE NO. 2020-000616 CA RICKY BURG, her spouse, Plaintiffs, Vv. WEST FLORIDA PHYSICIAN NETWORK, LLC; 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. / PLAINTIFFS’ MOTION FOR LEAVE TO FILE AMENDED MPLAINT COME NOW the Plaintiffs, DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and move this Honorable Court for leave to file an Amended Complaint for Damages, and as grounds therefore state: & Caballero, P&H. NEW WORLD TOWER > 100. BIBCAYNE BOULEVARD, SUITE 2602 - MuAN, FLORIDA 33152 » TEL (905) 358-6329 Burg v West Florida Physician Network, LLC, et al. CASE NO. 2020-000616 CA Page 2 1. That discovery and investigation have led to additional parties to be joined in the case as well as various amendments in existing counts. A copy of the proposed Amended Complaint for Damages is attached hereto. CERTIFICATE OF SERVICE WE HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by e-service this 25** day of November, 2020 to: see attached service list. DEUTSCH BLUMBERG & CABALLERO, P.A. Attorneys for Plaintiffs New World Tower, Suite 2802 100 North Biscayne Boulevard Miami, Florida 33132 (305) 358-6329 (305) 358-9304 (facsimile) Email — erb@deutschblumberg.com; rmitchell@deutschblumberg.com; heastillo@deutschblumberg.com By: s/Edward R. Blumberg EDWARD R. BLUMBERG, ESQ Florida Bar No. 190870 & Caballero, P&H. NEW WORLD TOWER > 100. BIBCAYNE BOULEVARD, SUITE 2602 - MuAN, FLORIDA 33152 » TEL (905) 358-6329 BURG v. WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA SERVICE LIST John M. Stewart, Esquire Michael J. Swan, Esquire Rossway Swan Tierney Barry & Oliver, P.L. Co-Counsel for PLAINTIFFS 2101 Indian River Boulevard, Suite 200 Vero Beach, Florida 32960 Telephone: (772) 231-4440 E-Mails: jstewart@rosswayswan.com; mswan@rosswayswan.com; cdelo@rosswayswan.com Richard K. Bowers, Esquire Bankers Lopez Gassler, P.A. Attorneys for DILENDRA WEERASINGHE 501 East Kennedy Boulevard, Suite 1700 Tampa, FL 33602 Telephone: 813-221-1500 Fax: 813-222-3066 Email: service-rbowers@bankerlopez.com Jay P. Chimpoulis, Esquire Susanne E. Riedhammer, Esquire Chimpoulis & Hunter, P.A. Attorneys for Defendants PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, Il 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 Telephone: 954-463-0033 Fax: 954-463-9562 Email: JCHimpoulis@ChimpoulisHunter.com Victoria N. Ferrentino, Esq. Natalie J. Davy, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendants WEST FLORIDA PHYSICIAN NETWORK, LLC and JOHN RIOUX 100 S. Ashley Drive, #1400 Tampa, FL 33602 Telephone: 813-228-7000 Fax: 813-273-0091 Emails: vferrentino@barplaw.com; ndavy@barplaw.com; eserve@barplaw.com; and dhensley@barplaw.com 1|Page Douglas Lumpkin, Esq. Summer E. Harcup, Esq. Wicker Smith O’Hara McCoy & Ford, P.A. Attorneys for Defendants AHSAN KAMAL, M.D. and HARBOR MEDICAL GROUP, LLC 1819 Main Street, Suite 910 Sarasota, FL 34236 Telephone: 941-366-4200 Fax: 941-366-4227 Email: SARertpleadings@wickersmith.com Ralph L. Marchbank, Jr., Esq. Dickinson & Gibbons, P.A. Attorney for Defendants DOMINGO GALLIANO, JR. and DOMINGO E. GALLIANO, JR., P.A. 401 N. Cattlemen Road, Suite 300 Sarasota, FL 34232 Telephone: 941-366-4680 Fa: 941-953-3136 Emails: Rmarchbank@dglawyers.com; Lgordon@dglawyers.com Brett P. Gliosca, Esq. Jeffrey M. Goodis, Esq. LA CAVA JACOBSON & GOODIS, P.A. Attorneys for Defendants SOVI JOSEPH and SOVI JOSEPH, M.D., P.A. 200 Central Avenue, Suite 250 St. Petersburg, FL 33701 Office: 727-477-1013 Fax: 727-550-0811 Emails: stp-pleadings@liglegal.com; bgliosca@ljglegal.com; nkovacic@liglegal.com Frances G. Prockop, Esq. Alexandra S. Farren, Esq. Bush Graziano Rice & Platter, P.A. Attorneys for Defendant FAWCETT MEMORIAL HOSPITAL, INC. and ABIGAIL UTECH 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Office: 813-228-7000 Fax: 813-229-6316 Emails: eserve@bgrplaw.com; Iplyushko@barplaw.com 2|Page RICHARD B. MANGAN, JR., ESQUIRE KELSEY T. CAMPBELL, ESQUIRE RISSMAN, BARRETT, HURT DONAHUE, McLAIN & MANGAN, P.A. Attorneys for Defendant, Nandini Kiri, M.D. and Nandini Kiri, M.D., P.A. 1 North Dale Mabry Highway 11th Floor Tampa, FL 33609 Telephone: (813) 221-3114 Facsimile: (813) 221-3033 Email: rom.service@rissman.com Email: kic.service@rissman.com Stephanie. doyle@rissman.com 3|Page IN THE CIRCUIT COURT OF THE 20 JUDICIAL COURT IN AND FOR CHARLOTTE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. 2020-000616 CA DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, Plaintiffs, Vv WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR.; ARTURO RODRIGUEZ-MARTIN, M.D., P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA, LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, Defendants. / AMENDED MPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 2 INDEX OF IN . CLAIMS AGAINST DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC Count I — Claim on behalf Deborah Cooper Burg Page 5 Count II — Claim of Nicole Burg Page 15 Count III — Claim of Ricky Burg Page 25 CLAIMS AGAINST DILENDRA WEERASINGHE Count IV - Claim on behalf of Deborah Cooper Burg Page 34 Count V — Claim of Nicole Burg Page 42 Count VI - Claim of Ricky Burg Page 50 CLAIMS AGAINST JOHN RIOUX Count VII — Claim on behalf of Deborah Cooper Burg Page 57 Count VIII — Claim of Nicole Burg Page 66 Count IX — Claim of Ricky Burg Page 74 CLAIMS AGAINST FAWCETT MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL Count X — Claim on behalf of Deborah Cooper Burg Page 82 Count XI — Claim of Nicole Burg Page 91 Count XII — Claim of Ricky Burg Page 100 CLAIMS AGAINST SUSAN BRUNER Count XIII — Claim on behalf of Deborah Cooper Burg Page 108 Count XIV — Claim of Nicole Burg Page 116 Count XV — Claim of Ricky Burg Page 122 CLAIMS AGAINST ABIGAIL UTECH Count XVI — Claim on behalf of Deborah Cooper Burg Page 129 Count XVII — Claim of Nicole Burg Page 137 Count XVIII — Claim of Ricky Burg Page 144 CLAIMS AGANST NANDINI KIRI, M.D., P.A. Count XIX - Claim on behalf of Deborah Cooper Burg Page 151 Count XX — Claim of Nicole Burg Page 159 Count XXI — Claim of Ricky Burg Page 166 CLAIMS AGAINST NANDINI KIRI & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 3 Count XXII - Claim on behalf of Deborah Cooper Burg Page 174 Count XXIII - Claim of Nicole Burg Page 181 Count XXIV — Claim of Ricky Burg Page 189 CLAIMS AGAINST HARBOR MEDICAL GROUP, LLC Count XXV — Claim on behalf of Deborah Cooper Burg Page 195 Count XXVI — Claim of Nicole Burg Page 204 Count XXVII — Claim of Ricky Burg Page 212 CLAIMS AGAINST AHSAN KAMAL Count XXVIII — Claim on behalf of Deborah Cooper Burg Page 219 Count XXIX — Claim of Nicole Burg Page 227 Count XXX — Claim of Ricky Burg Page 234 CLAIMS AGAINST SOVI JOSEPH, M.D, P.A. Count XXXI — Claim on behalf of Deborah Cooper Burg Page 242 Count XXXII - Claim of Nicole Burg Page 250 Count XXXIII — Claim of Ricky Burg Page 258 CLAIMS AGAINST SOVI JOSEPH Count XXXIV — Claim on behalf of Deborah Cooper Burg Page 265 Count XXXV — Claim of Nicole Burg Page 273 Count XXXVI — Claim of Ricky Burg Page 280 CLAIMS AGAINST DOMINGO E. GALLIANO, JR., P.A. Count XXXVII — Claim on behalf of Deborah Cooper Burg Page 287 Count XXXVIII — Claim of Nicole Burg Page 296 Count XXXIX — Claim of Ricky Burg Page 303 CLAIMS AGAINST DOMINGO GALLIANO, JR. Count XL — Claim on behalf of Deborah Cooper Burg Page 311 Count XLI — Claim of Nicole Burg Page 318 Count XLII - Claim of Ricky Burg Page 325 CLAIMS AGAINST ARTURO RODRIGUEZ-MARTIN, M.D., P.L. Count XLIII— Claim on behalf of Deborah Cooper Burg Page 332 Count XLIV — Claim of Nicole Burg Page 341 Count XLV — Claim of Ricky Burg Page 348 CLAIMS AGAINST ARTURO RODRIGUEZ-MARTIN Count XLVI — Claim on behalf of Deborah Cooper Burg Page 356 Count XLVII — Claim of Nicole Burg Page 364 & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 4 Count XLVIII - Claim of Ricky Burg Page 371 CLAIMS AGAINST MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP Count XLIX — Claim on behalf of Deborah Cooper Burg Page 379 Count L — Claim of Nicole Burg Page 386 Count LI — Claim of Ricky Burg Page 393 CLAIMS AGAINST CATHY CRISS Count LII — Claim on behalf of Deborah Cooper Burg Page 400 Count LIII — Claim of Nicole Burg Page 408 Count LIV — Claim of Ricky Burg Page 414 CLAIMS AGAINST LIFE CARE CENTERS OF AMERICA, INC. PURSUANT TO FLORIDA STATUTE CHAPTER 400 Count LV — Claim on behalf of Deborah Cooper Burg Page 421 Count LVI — Claim of Nicole Burg Page 427 Count LVII - Claim of Ricky Burg Page 433 CLAIMS AGAINST PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA PURSUANT TO FLORIDA STATUTE CHAPTER 400 Count LVIII — Claim on behalf of Deborah Cooper Burg Page 438 Count LIX — Claim of Nicole Burg Page 445 Count LX — Claim of Ricky Burg Page 451 CLAIMS AGAINST LIFE CARE PHYSICIAN SERVICES, LLC Count LXI — Claim on behalf of Deborah Cooper Burg Page 457 Count LXII — Claim of Nicole Burg Page 465 Count LXIII — Claim of Ricky Burg Page 473 CLAIMS AGAINST VANCE MALONEY, III Count LXIV — Claim on behalf of Deborah Cooper Burg Page 481 Count LXV — Claim of Nicole Burg Page 489 Count LXVI — Claim of Ricky Burg Page 496 & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 5 COME NOW, DEBORAH COOPER BURG, by and through her Court-appointed Guardian, RICKY BURG; NICOLE BURG, her daughter; and RICKY BURG, her spouse, by and through their undersigned attorneys, and sue the Defendants, WEST FLORIDA PHYSICIAN NETWORK, LLC; DILENDRA WEERASINGHE; JOHN RIOUX; FAWCE MEMORIAL HOSPITAL, INC. d/b/a FAWCETT MEMORIAL HOSPITAL; SUSAN BRUNER; ABIGAIL UTECH; NANDINI KIRI, M.D., P.A.; NANDINI KIRI; HARBOR MEDICAL GROUP, LLC; AHSAN KAMAL; SOVI JOSEPH, M.D., P.A.; SOVI JOSEPH; DOMINGO E. GALLIANO, JR., P.A.; DOMINGO GALLIANO, JR.; ARTURO RODRIGUEZ-MARTIN, M.D., P.L.; ARTURO RODRIGUEZ-MARTIN; MILLENNIUM PHYSICIAN GROUP, LLC d/b/a MILLENNIUM PHYSICIAN GROUP; CATHY CRISS; LIFE CARE CENTERS OF AMERICA, INC.; PUNTA GORDA MEDICAL INVESTORS, LLC d/b/a LIFE CARE CENTER OF PUNTA GORDA; LIFE CARE PHYSICIAN SERVICES, LLC; and VANCE MALONEY, III, and state: DEFENDANT WEST FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX 1. That this is an action for damages in excess of the jurisdictional limits of this Court, exclusive of interest and costs. 2. That DEBORAH COOPER BURG, at all pertinent times, is a resident of Florida. 3. That RICKY BURG, at all pertinent times, is the lawful spouse of DEBORAH COOPER BURG, and has been appointed by the Court to be her lawful Guardian of the Person and Property as a result of the injuries inflicted upon her by Defendant WEST & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 6 FLORIDA PHYSICIAN NETWORK, LLC. See Letters of Plenary Guardianship of the Person and Property and Reports of Examining Committee Members attached hereto as Composite Exhibit A. 4. That any and all conditions precedent to the maintenance of this action have occurred or have been complied with by the Plaintiffs or have been waived by the Defendant. 5. That the undersigned counsel for the Plaintiffs hereby certify that a reasonable investigation as permitted by the circumstances has been made and said investigation gives rise to a good faith belief that grounds exist for this action against said Defendant. 6. That at all pertinent times, DEBORAH COOPER BURG was a patient of Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC. Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC is an entity that acted at all times by and through its employees, Defendants DILENDRA WEERASINGHE, JOHN RIOUX, and JOHN RIOUX’S physician extender, Debra Nowak. As to all matters concerning the care and treatment of DEBORAH COOPER BURG, each of the said Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC'S employees acted at all pertinent times within the course and scope of such employment. At all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC acknowledged to DEBORAH COOPER BURG that it was the employer of said individuals and further, said individuals agreed to act under said employment and & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 7 at all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC had the control or right of control of the actions of said employees. 7. That Defendants DILENDRA WEERASINGHE and JOHN RIOUX, at all pertinent times, were medical doctors doing business in Charlotte County, Florida and were residents of the State of Florida. Said Defendants held themselves out to DEBORAH COOPER BURG as well as the patient community as being experts in bariatric surgery and the proper preoperative, operative and postoperative bariatric surgical care and treatment. Further, at all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC employed Debra Nowak as a physician extender/advanced registered nurse practitioner for Defendant JOHN RIOUX in instances when he was not physically present with the patient and Defendant JOHN RIOUX supervised and/or had the responsibility of supervising Debra Nowak at all such times and Debra Nowak acted under the orders of Defendant JOHN RIOUX and acted in the role and capacity of his physician extender in all matters at all pertinent times. 8. That on or about June 17, 2019, Defendant DILENDRA WEERASINGHE performed bariatric surgery on DEBORAH COOPER BURG at Fawcett Memorial Hospital and thereafter he and Defendants JOHN RIOUX and WEST FLORIDA PHYSICIAN NETWORK, LLC assumed the duty and responsibility of performing the necessary postoperative follow up on said patient. The bariatric surgery performed by Defendant DILENDRA WEERASINGHE is known as a Roux-En-Y gastric bypass which represents the reconstruction of DEBORAH COOPER BURG’S stomach in a markedly reduced & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 8 fashion so that she could only eat very small portions of food at a time. Because of the reduced food intake, this procedure required DEBORAH COOPER BURG to be on a special prophylactic daily and lifelong diet of proper nutrition and vitamin intake including vitamin B1/Thiamine which is a vitamin absolutely necessary to proper neurologic function and without an adequate amount of this vitamin, it was known or should have been known to Defendants DILENDRA WEERASINGHE, JOHN RIOUX and WEST FLORIDA PHYSICIAN NETWORK, LLC, as well as Debra Nowak, the physician extender/advanced registered nurse practitioner for Defendant JOHN RIOUX, that DEBORAH COOPER BURG’S neurologic system would be irreparably damaged resulting in a condition known as Wernicke encephalopathy and Korsakoff psychosis which cause the loss of the ability of the brain to properly think, process emotions as well as the loss of proper speech, gait, motor function and sensory function, all of which rely upon the neurologic system. 9. That Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through the above said physician employees, obtained actual and/or constructive knowledge that postoperatively, DEBORAH COOPER BURG had become inflicted as a result of her bariatric surgery and its sequelae with a condition of intractable vomiting to such an intense degree that she was unable to obtain the necessary nutrition and vitamin supplementation needed to sustain her proper bodily functioning including her proper and healthy neurological system. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 9 10. At all pertinent times, the accepted standard of care for health care providers such as Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, which acted by and through its above said physician employees, involved in the care and treatment of patients such as DEBORAH COOPER BURG who undergo bariatric surgery, included the knowledge that even with otherwise successful bariatric surgery, patients such as her are well known, within reasonable medical probability, to have difficulty sustaining proper nutrition and adequate vitamin intake and thus, must be carefully monitored postoperatively with a carefully designed and implemented plan of adequate nutrition and vitamin intake post-bariatric surgery on a constant prophylactic daily basis for life to prevent the neurologic damage that actually occurred to DEBORAH COOPER BURG. Further, the accepted standard of care of health care providers such as Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, included the knowledge that if a patient such as DEBORAH COOPER BURG cannot or does not, because of intractable vomiting or otherwise, maintain adequate nutrition and adequate vitamin intake including, but not limited to vitamin B1/Thiamine, vitamin B12 and Folic Acid, then the neurologic system of the patient such as DEBORAH COOPER BURG essentially starves leading to the onset of the above described neurologic conditions called Wernicke encephalopathy and Korsakoff psychosis. 11. That Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, breached the accepted standard of care it & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 10 owed to DEBORAH COOPER BURG in that, over a period of multiple weeks, when it had actual and/or constructive knowledge that DEBORAH COOPER BURG was not obtaining necessary nutrition and vitamin intake to maintain proper neurologic functioning, failed to timely evaluate, assess, test, recognize, prevent and treat the known postoperative bariatric surgical complications including but not limited to, vitamin B1/Thiamine deficiency. In light of DEBORAH COOPER BURG'S post bariatric surgery presentation of persistent and ongoing vomiting and poor oral intake, all of which Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC knew or should have known of, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, further breached the accepted standard of care it owed to DEBORAH COOPER BURG by failing to anticipate and recognize the likelihood of vitamin Bi/Thiamine deficiency occurring, by failing to take the necessary steps known and needed to prevent the occurrence of vitamin B1/Thiamine deficiency by prophylactically providing DEBORAH COOPER BURG adequate amounts of vitamin B1/Thiamine replacement, and by failing to alert and inform DEBORAH COOPER BURG’S various other health care providers of the necessity of providing replenishment of nutrition and vitamin B1/Thiamine on a daily ongoing basis which was of critical and necessary importance because without doing so, DEBORAH COOPER BURG, within reasonable medical probability, was known or should have been known to Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC to be doomed to develop the catastrophic neurologic disease known as Wernicke encephalopathy and its sequela, Korsakoff & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 11 psychosis. As a result of Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC'S, acting by and through its above said physician employees, above breaches of the accepted standard of care, the neurologic system of DEBORAH COOPER BURG has been catastrophically injured and damaged on a permanent basis rendering DEBORAH COOPER BURG totally disabled, through the onset of Wernicke encephalopathy and Korsakoff psychosis. 12.That Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, had the duty to address DEBORAH COOPER BURG'S nutritional starvation and vitamin insufficiency and its failure to do so represents a breach of that duty and demonstrates conduct below the accepted standard of care and professional prevailing practices that it had the duty to provide to DEBORAH COOPER BURG. With further particularity, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, had actual and/or constructive knowledge that beginning on or about July 10, 2019, DEBORAH COOPER BURG began suffering from near constant vomiting and the inability to keep down food, nutrition, and vitamins including vitamin B1/Thiamine, resulting in multiple trips to the Fawcett Memorial Hospital emergency room and as an inpatient in the months of July and August 2019. Further, on or about August 7, 2019, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, by and through its employee, DILENDRA WEERASINGHE, performed an upper endoscopy procedure on DEBORAH COOPER BURG to investigate the cause of her near intractable vomiting and yet said Defendant & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 12 failed to order a simple blood test to determine DEBORAH COOPER BURG'S vitamin B1i/Thiamine level and other vitamin levels or alternatively, to take steps to provide oral or intravenous vitamin infusion to her or to alert her other health care providers as to the necessity of replenishing vitamin B1/Thiamine to DEBORAH COOPER BURG so that it would be assured that DEBORAH COOPER BURG would receive the proper nutrition and vitamin B1/Thiamine intake. Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, knew or should have known that vitamin B1/Thiamine and other vitamins and nutrients were critical to DEBORAH COOPER BURG maintaining a properly functioning neurologic system. Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, knew or should have known that without proper vitamin B1i/Thiamine and other vitamin and nutrient infusion, DEBORAH COOPER BURG would, within reasonable medical probability, sustain Wernicke encephalopathy and Korsakoff psychosis and yet deviated from the accepted standard of care by failing to provide this nutritional and vitamin support to DEBORAH COOPER BURG. The above conduct of Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, represents deviations from the accepted standard of care and prevailing professional practices it owed to DEBORAH COOPER BURG, which were a legal cause of the catastrophic injuries and damages that befallen DEBORAH COOPER BURG. & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 13 13. Further, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, assumed the responsibility and duty of performing the bariatric surgery on DEBORAH COOPER BURG and assumed the responsibility and duty of providing proper postoperative care, assessment, evaluation, testing, treatment and communication with DEBORAH COOPER BURG’S present and subsequent health care providers from July 10, 2019 through August 2019. Moreover, subsequent to August 7, 2019, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, failed to follow up with DEBORAH COOPER BURG or her other subsequent health care providers and abandoned DEBORAH COOPER BURG by failing to take affirmative steps to either follow up subsequent to August 7, 2019 to ensure she was receiving the proper medical support and follow up so that she would be sure to receive proper nutrition and vitamin B1i/Thiamine or ensure that a knowledgeable specialist in bariatric surgery provide the appropriate follow up in the absence of Defendant DILENDRA WEERASINGHE and/or Defendant JOHN RIOUX. Further, had Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, taken the necessary affirmative steps to follow up with its patient, DEBORAH COOPER BURG, it would have learned that she had to be re-hospitalized on August 10, 2019 at Fawcett Memorial Hospital, a hospital of which Defendants DILENDRA WEERASINGHE and JOHN RIOUX were on the staff of, whereby Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, had the & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 14 duty to have either seen and treated DEBORAH COOPER BURG there and/or had the duty to advise and communicate with her health care providers of the necessity of proper nutrition and vitamin B1/Thiamine, without which DEBORAH COOPER BURG, within reasonable medical probability, would be doomed to develop neurologic dysfunction such as Wernicke encephalopathy and Korsakoff psychosis, or alternatively, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, had the duty to DEBORAH COOPER BURG to arrange for a knowledgeable bariatric surgeon to follow up and consult and treat DEBORAH COOPER BURG subsequent to August 7, 2019. Such conduct as stated above of Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, represents conduct below the accepted standard of care and professional prevailing practices that it had the duty to provide to DEBORAH COOPER BURG. It breached that duty with the result being that DEBORAH COOPER BURG, within reasonable medical probability, is catastrophically injured and damaged on a permanent basis, by the onset of Wernicke encephalopathy and Korsakoff psychosis and related maladies and sequelae therefrom including but not limited to, hallucinations, the inability to clearly think, the inability to demonstrate emotional control, the inability to properly walk, talk and otherwise have full motor and sensory function. 14. That as a direct and proximate result of the above mentioned breaches of the accepted standard of care and prevailing professional practices committed by & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 15 Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC, acting by and through its above said physician employees, DEBORAH COOPER BURG suffered permanent injuries causing her to be permanently and totally disabled. DEBORAH COOPER BURG was injured in and about her body and extremities, suffered aggravation of pre-existing conditions, suffered and will suffer into the future pain therefrom, suffered and will suffer into the future disability and physical impairment, suffered and will suffer into the future mental pain and suffering, incurred and will incur into the future medical, medically-related and care expenses in the treatment of her injuries, suffered and will suffer into the future physical handicap, her capacity to enjoy life was impaired and will be impaired into the future, and she lost earnings in the past and the ability and the capacity to earn money in the future, as well as past and future loss of fringe-type benefits related to employment. Within reasonable medical probability, her injuries are permanent and continuing and DEBORAH COOPER BURG will suffer the above stated losses and impairments in the future related thereto. WHEREFORE, Plaintiff DEBORAH COOPER BURG, by and through her Court- appointed Guardian, RICKY BURG, sues Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC for compensatory damages, interest on liquidated damages, costs and demand trial by jury of all issues so triable herein. FLORIDA PHYSICIAN NETWORK, LLC AS TO ITS LIABILITY FOR THE CONDUCT OF DILENDRA WEERASINGHE AND JOHN RIOUX NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 16 15. That this is an action for damages in excess of the jurisdictional limits of this Court, exclusive of interest and costs. 16. That NICOLE BURG, at all pertinent times, is a resident of Florida and is the unmarried natural daughter of DEBORAH COOPER BURG, who at all times material hereto, was dependent on DEBORAH COOPER BURG. Further, NICOLE BURG was born on (RAE anc is entitled to damages and to bring this claim pursuant to F.S. 768.0415. 17. That any and all conditions precedent to the maintenance of this action have occurred or have been complied with by the Plaintiffs or have been waived by the Defendant. 18. That the undersigned counsel for the Plaintiffs hereby certify that a reasonable investigation as permitted by the circumstances has been made and said investigation gives rise to a good faith belief that grounds exist for this action against said Defendant. 19. That at all pertinent times, DEBORAH COOPER BURG was a patient of Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC. Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC is an entity that acted at all times by and through its employees, Defendants DILENDRA WEERASINGHE, JOHN RIOUX, and JOHN RIOUX’S physician extender, Debra Nowak. As to all matters concerning the care and treatment of DEBORAH COOPER BURG, each of the said Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC’S employees acted at all pertinent times within the course and scope of & Catallere, PA. NEW WORLD TOWER « 100 N. BISCAYNE BOULEVARD, SUITE 2802 - MIAMI, FLORIDA $3992 » TEL (05) 388-6928 DEBORAH COOPER BURG, et al. v WEST FLORIDA PHYSICIAN NETWORK, LLC, et al. CASE NO. 2020-000616 CA Page 17 such employment. At all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC acknowledged to DEBORAH COOPER BURG that it was the employer of said individuals and further, said individuals agreed to act under said employment and at all pertinent times, Defendant WEST FLORIDA PHYSICIAN NETWORK, LLC had the control or right of control of the actions of said employees. 20.That Defendants DILENDRA WEERASINGHE and JOHN