On July 08, 101 a
Trial Materials
was filed
involving a dispute between
Burg, Deborah A,
Burg, Nicole,
Burg, Rick,
and
Bruner, Susan,
Criss, Cathy,
Domingo E. Galliano, Jr., P.A.,
Fawcett Memorial Hospital, Inc.,
Galliano, Domingo J,
Harbor Medical Group, Llc,
Joseph, Sovi,
Kamal, Ahsan,
Kiri, Nandini,
Life Care Physician Services, Llc,
Maloney, Vance 3,
Millennium Physician Group, Llc,
Nandini Kiri, M.D., P.A.,
Punta Gorda Medical Investors, Llc,
Rioux, John,
Rodriguez-Martin, Arturo,
Rodriguez-Martin, M.D., P.L., Arturo,
Sovi Joseph, M.D., P.A.,
Utech, Abigail,
Weerasinghe, Dilendra,
West Florida Physicians Network, Llc,
for Medical Malpractice
in the District Court of Charlotte County.
Preview
Filing # 138363335 E-Filed 11/11/2021 02:48:40 PM
IN THE CIRCUIT COURT OF THE 20th 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,
vs. CASE NO. 2020-000616 CA
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.
/
DEFENDANT’S EXPERT WITNESS DISCLOSURE
The Defendant, DILENDRA WEERASINGHE, M.D., by and through his
undersigned counsel, files his list of expert witnesses as follows:
4
Natan Zundel, M.D.
17038 W. Dixie Highway, Suite #210
North Miami Beach, FL 33160
Dr. Zundel will testify as an expert in the field of bariatric surgery based upon
his review of the medical records and various depositions. It is anticipated that he
will be supportive of the standard of care as to the care and treatment by
Dr. Weerasinghe. A copy of his Curriculum Vitae is attached hereto.
Prospective dates for Dr. Zundel’s deposition will be forthcoming.
Mitchell Roslin, M.D.
186 East 76" Street
New York, NY 10021
Dr. Roslin will testify as an expert in the field of bariatric surgery based upon
his review of the medical records and various depositions. It is anticipated that he
will be supportive of the standard of care as to the care and treatment by
Dr Weerasinghe. A copy of his Curriculum Vitae is attached hereto.
Prospective dates for Dr. Roslin’s deposition will be forthcoming.
Joseph Berger, M.D.
Department of Neurology
Perelman School of Medicine, University of Pennsylvania
3400 Spruce St. 3W Gates
Philadelphia, PA 19104
Dr. Berger is a physician who specializes in Neurology. He is expected to testify
regarding causation and damages. Dr. Berger performed an examination of
Deborah Burg and is expected to testify as to his findings and/or observations, as
well as his opinions formulated as a result thereof. Dr. Berger may also testify as
to the future medical care needs of Mrs. Burg. It is also anticipated Dr. Berger
will opine Mrs. Burg should be in a skilled nursing facility for the remainder of her
life. Dr. Berger may also rebut various opinions expressed, or to be expressed,
by Plaintiffs’ experts. His opinions are based on his education, training,
experience, review of pertinent discovery responses and deposition testimony,
other pertinent records/medical records, and his findings and/or observations. It
is anticipated Dr. Berger may also review various depositions yet to occur. A copy
of his Curriculum Vitae is attached hereto. Dr. Berger’s report was previously
provided to Plaintiffs’ counsel.
Prospective dates for Dr. Berger's deposition will be forthcoming.
Robert M. Shavelle, Ph.D.
Life Expectancy Project
1439 — 17" Avenue
San Francisco, CA 94122
Dr. Shavelle will be presented as an expert in the field of Life Expectancy. He is
expected to testify regarding damages. Dr. Shavelle will opine with respect to
Mrs. Burg’s reduced life expectancy. Dr. Shavelle may also rebut various
opinions expressed, or to be expressed, by Plaintiffs’ experts. His opinions are
based on his education, training, experience, information provided by other
experts of the type normally and customarily relied upon by life expectancy
experts, as well as his review of pertinent other records and medical records. It is
anticipated Dr. Shavelle may also review various depositions yet to occur. A copy
of his Curriculum Vitae is attached hereto.
Prospective dates for Dr. Shavelle’s deposition will be forthcoming.
Finnie Cook, Ph.D.
100 N. Tampa Street, Suite 2410
Tampa, FL 33602
Dr. Cook is an economist who specializes in Economics. She is expected to
testify as to damages. Dr. Cook will opine with respect alleged economic damages
and future economic damages reduced to present value. Dr. Cook may also rebut
various opinions expressed, or to be expressed, by Plaintiffs’ experts. Her opinions
are based on her education, training, experience, information provided by other
experts of the type normally and customarily relied upon by economists, as well as
a review of their pertinent records. A copy of her Curriculum Vitae is attached
hereto.
Prospective dates for Dr. Cook's deposition will be forthcoming.
William Greenberg, M.D.
111 Second Avenue N.E., Suite 360
St. Petersburg, FL 33701
Dr. Greenberg is a physician who specializes in Neurology and life care planning.
He is expected to testify as to damages and, more specifically, the future medical
needs expressed through a life care plan for Mrs. Burg. In addition to the specific
future medical care needs of Mrs. Burg, it is anticipated Dr. Greenberg will opine
Mrs. Burg will likely have significant long-term problems as a result of her
Wernicke’s. It is further anticipated Dr. Greenberg will opine Mrs. Burg should be
in a skilled nursing facility for the remainder of her life. It is further anticipated
Dr. Greenberg may rebut various opinions expressed, or to be expressed, by
Plaintiffs’ experts. His opinions are based on his education, training, experience,
information provided by other experts of the type normally and customarily relied
upon by neurologists/life care planners, as well as his review of the pertinent
other records and medical records. A copy of this Curriculum Vitae is attached
hereto.
Prospective dates for Dr. Greenberg’s deposition will be forthcoming.
Any and all witnesses designated as experts by Plaintiff and co-defendants in
this matter as well as any amendments and/or supplements thereto.
Any rebuttal and impeachment witnesses are reserved by this Defendant for use
at trial.
Defendant reserves the right to call any and all witnesses, including expert
witnesses, listed by any party to this action.
Defendant reserves the right to amend this Expert Disclosure as discovery is ongoing.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and accurate copy of the above and foregoing has
been furnished by electronic mail delivery on this l[ aay of November, 2021 to the
following:
Edward Blumberg, Esq.
erb@deutschblumberg.com
Cosme Caballero, Esq.
ccaballero@deutschblumberg.com
Robert Blumberg, Esq.
bblumberg@deutschblumberg.com
tmitchell@deutschblumberg.com
hcastillo@deutschblumberg.com
Deutsch Blumberg & Caballero, P.A
100 N. Biscayne Blvd., Suite 2802
Miami, FL 33132
Counsel for Plaintiffs
Michael J. Swan, Esq.
mswan@rosswayswan.com
cdelo@rosswayswan.com
Rossway Swan Tierney Barry & Oliver, P.L
2101 Indian River Boulevard, Suite 200
Vero Beach, FL 32960
Co-Counsel for Ricky Burg
Jay P. Chimpoulis, Esq.
Chimpoulis & Hunter, P.A.
150 S. Pine Island Road, Suite 510
Plantation, FL 33324
JCHimpoulis@ChimpoulisHunter.com
SRiedhammer@ChimpoulisHunter.com
jrobelen@ChimpoulisHunter.com
Counsel for Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda,
Life Care Centers of America, Inc., Life Care Physician Services, LLC and Vance
Maloney
Victoria N. Ferrentino, Esq.
Rivver Cox, Esq.
Bush Graziano Rice & Platter, P.A.
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
eserve@bgrplaw.com;
vferrentino@bgrplaw.com
dhensley@bgrplaw.com
Attorneys for Defendants West Florida Physician Network, LLC and John Rioux, MD
Jeffrey M. Goodis, Esq.
Brett P. Gliosca, Esq.
La Cava Jacobson & Goodis, P.A.
Stp-pleadings@ljglegal.com
bgliosca@ljglegal.com
mmorgan@liglegal.com
200 Central Avenue
Suite 250
St. Petersburg, FL 33701
Counsel for Sovi Joseph and Sovi Joseph, M.D., P.A
Ronald E. Bush, Esq.
Gavrila A. Brotz, Esq.
Alexandra S. Farren, Esq.
Iplyushko@bgrplaw.com
bconde@bgrplaw.com
serve@bgrplaw.com
gbrotz@barplaw.com
mcourson@barplaw.com
Bush Graziano Rice & Platter
100 S. Ashley Drive, Suite 1400
Tampa, FL 33602
Counsel for Defendant Fawcett Memorial Hospital and Abigail Utech
R. Ryan Rivas, Esq
Hall Booth Smith, P.C.
2202 North Westshore Boulevard
Suite 200
RRivas@hallboothsmith.com
mhobbs@hallboothsmith.com
Counsel for Defendant Susan Bruner
Barry A. Postman, Esq.
Ron M. Campbell, Esq.
Daniel C. Calvert, Esq.
Cole, Scott & Kissane, P.A.
Cole, Scott & Kissane Building
27300 Riverview Center Blvd
Suite 200
Bonita Springs, Florida 34134
ron.campbell@csklegal.com
daniel.calvert@csklegal.com
krystal.perez@csklegal.com
barry.postman@csklegal.com
Daniela.perez@csklegal.com
Counsel for Defendants Millennium Physician Group, LLC and Cathy Criss
John D. Emmanuel, Esq.
Buchanan Ingersoll & Rooney PC
401 E. Jackson St., Suite 2400
Tampa, FL 33602
John.emmanuel@bipc.com
abrina.storno@bipc.com
Additional Counsel for Defendant Fawcett
Memorial Hospital, Inc. d/b/a Fawcett Memorial
Hospital
Wz
RICHARD K. BOWERS, ESQUIRE
Florida Bar No. 0304344
BANKER LOPEZ GASSLER P.A.
501 East Kennedy Boulevard, Suite 1700
Tampa, Florida 33602
Telephone: (813) 221-1500
Facsimile: (813) 222-3066
Direct Line: (813) 222-1151
E-Mail: service-robowers@bankerlopez.com
Counsel for Dilendra Weerasinghe, M.D.
Preview
Filing # 138363335 E-Filed 11/11/2021 02:48:40 PM IN THE CIRCUIT COURT OF THE 20th 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, vs. CASE NO. 2020-000616 CA 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. / DEFENDANT’S EXPERT WITNESS DISCLOSURE The Defendant, DILENDRA WEERASINGHE, M.D., by and through his undersigned counsel, files his list of expert witnesses as follows: 4 Natan Zundel, M.D. 17038 W. Dixie Highway, Suite #210 North Miami Beach, FL 33160 Dr. Zundel will testify as an expert in the field of bariatric surgery based upon his review of the medical records and various depositions. It is anticipated that he will be supportive of the standard of care as to the care and treatment by Dr. Weerasinghe. A copy of his Curriculum Vitae is attached hereto. Prospective dates for Dr. Zundel’s deposition will be forthcoming. Mitchell Roslin, M.D. 186 East 76" Street New York, NY 10021 Dr. Roslin will testify as an expert in the field of bariatric surgery based upon his review of the medical records and various depositions. It is anticipated that he will be supportive of the standard of care as to the care and treatment by Dr Weerasinghe. A copy of his Curriculum Vitae is attached hereto. Prospective dates for Dr. Roslin’s deposition will be forthcoming. Joseph Berger, M.D. Department of Neurology Perelman School of Medicine, University of Pennsylvania 3400 Spruce St. 3W Gates Philadelphia, PA 19104 Dr. Berger is a physician who specializes in Neurology. He is expected to testify regarding causation and damages. Dr. Berger performed an examination of Deborah Burg and is expected to testify as to his findings and/or observations, as well as his opinions formulated as a result thereof. Dr. Berger may also testify as to the future medical care needs of Mrs. Burg. It is also anticipated Dr. Berger will opine Mrs. Burg should be in a skilled nursing facility for the remainder of her life. Dr. Berger may also rebut various opinions expressed, or to be expressed, by Plaintiffs’ experts. His opinions are based on his education, training, experience, review of pertinent discovery responses and deposition testimony, other pertinent records/medical records, and his findings and/or observations. It is anticipated Dr. Berger may also review various depositions yet to occur. A copy of his Curriculum Vitae is attached hereto. Dr. Berger’s report was previously provided to Plaintiffs’ counsel. Prospective dates for Dr. Berger's deposition will be forthcoming. Robert M. Shavelle, Ph.D. Life Expectancy Project 1439 — 17" Avenue San Francisco, CA 94122 Dr. Shavelle will be presented as an expert in the field of Life Expectancy. He is expected to testify regarding damages. Dr. Shavelle will opine with respect to Mrs. Burg’s reduced life expectancy. Dr. Shavelle may also rebut various opinions expressed, or to be expressed, by Plaintiffs’ experts. His opinions are based on his education, training, experience, information provided by other experts of the type normally and customarily relied upon by life expectancy experts, as well as his review of pertinent other records and medical records. It is anticipated Dr. Shavelle may also review various depositions yet to occur. A copy of his Curriculum Vitae is attached hereto. Prospective dates for Dr. Shavelle’s deposition will be forthcoming. Finnie Cook, Ph.D. 100 N. Tampa Street, Suite 2410 Tampa, FL 33602 Dr. Cook is an economist who specializes in Economics. She is expected to testify as to damages. Dr. Cook will opine with respect alleged economic damages and future economic damages reduced to present value. Dr. Cook may also rebut various opinions expressed, or to be expressed, by Plaintiffs’ experts. Her opinions are based on her education, training, experience, information provided by other experts of the type normally and customarily relied upon by economists, as well as a review of their pertinent records. A copy of her Curriculum Vitae is attached hereto. Prospective dates for Dr. Cook's deposition will be forthcoming. William Greenberg, M.D. 111 Second Avenue N.E., Suite 360 St. Petersburg, FL 33701 Dr. Greenberg is a physician who specializes in Neurology and life care planning. He is expected to testify as to damages and, more specifically, the future medical needs expressed through a life care plan for Mrs. Burg. In addition to the specific future medical care needs of Mrs. Burg, it is anticipated Dr. Greenberg will opine Mrs. Burg will likely have significant long-term problems as a result of her Wernicke’s. It is further anticipated Dr. Greenberg will opine Mrs. Burg should be in a skilled nursing facility for the remainder of her life. It is further anticipated Dr. Greenberg may rebut various opinions expressed, or to be expressed, by Plaintiffs’ experts. His opinions are based on his education, training, experience, information provided by other experts of the type normally and customarily relied upon by neurologists/life care planners, as well as his review of the pertinent other records and medical records. A copy of this Curriculum Vitae is attached hereto. Prospective dates for Dr. Greenberg’s deposition will be forthcoming. Any and all witnesses designated as experts by Plaintiff and co-defendants in this matter as well as any amendments and/or supplements thereto. Any rebuttal and impeachment witnesses are reserved by this Defendant for use at trial. Defendant reserves the right to call any and all witnesses, including expert witnesses, listed by any party to this action. Defendant reserves the right to amend this Expert Disclosure as discovery is ongoing. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and accurate copy of the above and foregoing has been furnished by electronic mail delivery on this l[ aay of November, 2021 to the following: Edward Blumberg, Esq. erb@deutschblumberg.com Cosme Caballero, Esq. ccaballero@deutschblumberg.com Robert Blumberg, Esq. bblumberg@deutschblumberg.com tmitchell@deutschblumberg.com hcastillo@deutschblumberg.com Deutsch Blumberg & Caballero, P.A 100 N. Biscayne Blvd., Suite 2802 Miami, FL 33132 Counsel for Plaintiffs Michael J. Swan, Esq. mswan@rosswayswan.com cdelo@rosswayswan.com Rossway Swan Tierney Barry & Oliver, P.L 2101 Indian River Boulevard, Suite 200 Vero Beach, FL 32960 Co-Counsel for Ricky Burg Jay P. Chimpoulis, Esq. Chimpoulis & Hunter, P.A. 150 S. Pine Island Road, Suite 510 Plantation, FL 33324 JCHimpoulis@ChimpoulisHunter.com SRiedhammer@ChimpoulisHunter.com jrobelen@ChimpoulisHunter.com Counsel for Punta Gorda Medical Investors, LLC d/b/a Life Care Center of Punta Gorda, Life Care Centers of America, Inc., Life Care Physician Services, LLC and Vance Maloney Victoria N. Ferrentino, Esq. Rivver Cox, Esq. Bush Graziano Rice & Platter, P.A. 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 eserve@bgrplaw.com; vferrentino@bgrplaw.com dhensley@bgrplaw.com Attorneys for Defendants West Florida Physician Network, LLC and John Rioux, MD Jeffrey M. Goodis, Esq. Brett P. Gliosca, Esq. La Cava Jacobson & Goodis, P.A. Stp-pleadings@ljglegal.com bgliosca@ljglegal.com mmorgan@liglegal.com 200 Central Avenue Suite 250 St. Petersburg, FL 33701 Counsel for Sovi Joseph and Sovi Joseph, M.D., P.A Ronald E. Bush, Esq. Gavrila A. Brotz, Esq. Alexandra S. Farren, Esq. Iplyushko@bgrplaw.com bconde@bgrplaw.com serve@bgrplaw.com gbrotz@barplaw.com mcourson@barplaw.com Bush Graziano Rice & Platter 100 S. Ashley Drive, Suite 1400 Tampa, FL 33602 Counsel for Defendant Fawcett Memorial Hospital and Abigail Utech R. Ryan Rivas, Esq Hall Booth Smith, P.C. 2202 North Westshore Boulevard Suite 200 RRivas@hallboothsmith.com mhobbs@hallboothsmith.com Counsel for Defendant Susan Bruner Barry A. Postman, Esq. Ron M. Campbell, Esq. Daniel C. Calvert, Esq. Cole, Scott & Kissane, P.A. Cole, Scott & Kissane Building 27300 Riverview Center Blvd Suite 200 Bonita Springs, Florida 34134 ron.campbell@csklegal.com daniel.calvert@csklegal.com krystal.perez@csklegal.com barry.postman@csklegal.com Daniela.perez@csklegal.com Counsel for Defendants Millennium Physician Group, LLC and Cathy Criss John D. Emmanuel, Esq. Buchanan Ingersoll & Rooney PC 401 E. Jackson St., Suite 2400 Tampa, FL 33602 John.emmanuel@bipc.com abrina.storno@bipc.com Additional Counsel for Defendant Fawcett Memorial Hospital, Inc. d/b/a Fawcett Memorial Hospital Wz RICHARD K. BOWERS, ESQUIRE Florida Bar No. 0304344 BANKER LOPEZ GASSLER P.A. 501 East Kennedy Boulevard, Suite 1700 Tampa, Florida 33602 Telephone: (813) 221-1500 Facsimile: (813) 222-3066 Direct Line: (813) 222-1151 E-Mail: service-robowers@bankerlopez.com Counsel for Dilendra Weerasinghe, M.D.