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Filing # 131301360 E-Filed 07/23/2021 01:55:33 PM
IN THE CIRCUIT COURT OF THE
15TH JUDICIAL CIRCUIT IN AND FOR
PALM BEACH COUNTY, FLORIDA.
JOSHUA ADAM MCPHERSON, and
ALLISON MCPHERSON, his wife,
Plaintiffs, CASE NO.: 50-2021-CA-000183XXXXMB
-vs-
JUPITER ORTHOPEDICS AND SPORTS
MEDICINE, PLLC; JUPITER OUTPATIENT
SURGERY CENTER, LLC; ORTHO ANN, LLC;
WADE VAN SICE, M.D.; UNIVERSITY OF MIAMI
HOSPITAL AND CLINICS; and LEE KAPLAN, M.D.,
Defendants.
/
NOTICE OF FILING PLAINTIFFS’ FIRST SET OF
INTERROGATORIES TO DEFENDANT, LEE KAPLAN, M.D.
COMES NOW, Plaintiff JOSHUA ADAM MCPHERSON (“Plaintiff”) by and through the
undersigned counsel, and hereby files this Notice of Filing Plaintiff's First Set of Interrogatories to
Defendant, Lee Kaplan, M.D.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served electronically via
Florida E-filing Portal on this 23rd day of July, 2021.
Respectfully submitted,
THE SAADE LAW FIRM, P.A.
Attorneys for Plaintiffs
201 Sevilla Avenue, Suite 301
Coral Gables, Florida 33134
Telephone: (786) 633-1114
Direct: (786) 633-1214
Facsimile: (786) 633-1314
Email: gss@saadelaw.com
/s/ Gabriel S. Saade
By:
GABRIEL S. SAADE, ESQ.
Florida Bar No.: 111742
1
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/23/2021 01:55:33 PM ***IN THE CIRCUIT COURT OF THE
11TH JUDICIAL CIRCUIT IN AND FOR
MIAMI-DADE COUNTY, FLORIDA
JOSHUA ADAM MCPHERSON, and
ALLISON MCPHERSON, his wife,
Plaintiffs, CASE NO.: 50-2021-CA-000183XXXXMB
-vs-
JUPITER ORTHOPEDICS AND SPORTS
MEDICINE, PLLC; JUPITER OUTPATIENT
SURGERY CENTER, LLC; ORTHO ANN, LLC;
WADE VAN SICE, M.D.; UNIVERSITY OF MIAMI
HOSPITAL AND CLINICS; and LEE KAPLAN, M.D.,
Defendants.
/
PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT, LEE KAPLAN, M.D.
COMES NOW, Plaintiff JOSHUA ADAM MCPHERSON (‘Plaintiff’) by and through the
undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds
his first Set of Interrogatories to Defendant Lee Kaplan, M.D. (“Defendant”) who, according to the
preceding rule, must respond to this Interrogatory within thirty (30) days from the date of service.
INSTRUCTIONS
1. Pursuant to Fla. R. Civ. P. Rule 1.340, answers to each Interrogatory shall be answered
unless the Interrogatory is objected to, in which event the reasons for the objection shall be stated. If an
objection is made to a part of Defendant’s Interrogatory, the part objected to must be specified and
remainder granted. If producing documents as Your answer or as part of Your answer, the producing party
shall either produce them as they are kept in the usual course of business or shall identify them to
correspond with the categories in the interrogatory.
2. Pursuant to Florida Rule of Civil Procedure 1.280(b)(5), if Defendant
“withholds information otherwise discoverable under these rules by claiming that it is privileged or subject
to protection as trial preparation material,” Defendant “shall make the claim expressly and shall describe
the nature of the documents, communications, or things not produced or disclosed in a manner that, withoutrevealing information itself privileged or protected, will enable other parties to assess the applicability of
the privilege or protection.”
3. You must answer each Interrogatory separately and fully in writing.
4. Where knowledge or information of a Defendant is requested, this interrogatory includes
knowledge available to or possessed by the agents, representatives, and attorney of said Defendant, unless
privileged.
5. Where the name of a person is requested, indicate the full name, home address, business
address, e-mail address, and all available telephone numbers of the person.
6. Each Interrogatory and each subpart of each Interrogatory must be given a separate answer.
Interrogatories or subparts thereof may not be combined even when the answer given to the Interrogatory
and/or their subparts are identical, or substantially similar. The answer to any Interrogatory or subpart
thereof may not be supplied by reference to an answer to any other Interrogatory or subpart thereof, unless
the Interrogatory or subpart thereof so referred to supplies a complete and accurate answer to the individual
Interrogatory or subpart thereof which is being responded to initially.
7. As stated initially in this document, these Interrogatories will be deemed to be continuing
in nature in order to allow supplemental answers so that your answers to each item remain accurate and
complete if you or counsel representing you should obtain any further or different information between the
time the answers to these items are made and the time of any trial on the merit.
8. Reference to the singular in any of these Interrogatories shall also include a reference to
the plural, and reference to the plural also shall include a reference to the singular.
9. These Interrogatories are intended to elicit as much information as possible concerning the
issues, and to the extent any interrogatory could be interpreted in more than one way, you should employ
the interpretation of the Interrogatory most likely to encompass and elicit the greatest amount of
information possible.10. If Defendant refuses to disclose any of the information requested in any of these
Interrogatories on the basis of a privilege or other protection, please so state, and further state the basis of
the privilege or other protection claim with sufficient specificity to permit the Court and counsel to evaluate
and test the privilege or protection claimed.
11. Defendant is under a continuing obligation to respond to the Interrogatory set forth herein.
Accordingly, if Defendant subsequently gains additional information called for in any of the requests set
forth herein, Defendant should promptly produce such information to Plaintiff.
DEFINITIONS
1. The term “Plaintiff” means Plaintiff JOSHUA ADAM MCPHERSON.
2. The terms “Defendant” and “You” and “Your” means Defendant LEE KAPLAN, M.D.
3. The terms “University of Miami” means UNIVERSITY OF MIAMI HOSPITAL AND
CLINICS together with its officers, directors, managing members, employees, agents, servants,
representatives, personal representatives, heirs, and/or successors.
4. The term “Complaint” means Plaintiffs, Joshua Adam McPherson and his wife, Allison
McPherson’s Amended Complaint, filed in the Circuit Court of the Fifteenth Judicial Circuit in and for
Palm Beach County, Florida, on February 2, 2021.
5. The terms “Foreign Body” and “Foreign Bodies” mean any surgical tool(s), instrument(s),
and/or material(s) used during a surgical operation, including, but not limited to, anchors, catheters, clamps,
cotton swabs, gauze pads, needles, pins, retractors, scissors, surgical sponges, towels, and wires.
6. The term “Communication” means any oral, written, electronic, or other exchange of
words, thoughts, information, or ideas to another person or entity, whether in person, in a group, by
telephone, by letter, by Telex, by facsimile, or by any other process, electric, electronic, or otherwise. All
such communications in writing shall include, without limitation, printed, typed, handwritten, or other
readable documents, correspondence, memoranda, reports, contracts, drafts (both initial and subsequent),computer discs or transmissions, e-mails, instant messages, tape or video recordings, voicemails, diaries,
logbooks, minutes, notes, studies, surveys and forecasts, and any and all copies thereof.
7. The term "Concerning" means relating to, referring to, describing, evidencing or
constituting.
8. The term “Document(s)” is used in this Request in its broadest sense and means
correspondence, memoranda, facsimiles, record specification, or any record of information, of any kind or
description, however made, produced, or reproduced, whether by hand or by any electronic, photographic,
mechanical, or other process; stored in any manner including without limitation, computer memory, film
paper, phonograph records, tape recordings, videotapes, and videodisks; and includes all drafts, all
originals, and all non-identical copies, whether different from the original by reason of any notation made
on such copies or otherwise, and includes, without limitation, all recorded information of any kind, whether
maintained on paper, videotape, or other physical medium or whether maintained only electronically,
magnetically or in any other form from which the information can be retrieved. The term “Documents”
also specifically includes materials stored on computers of any sort and includes materials that have been
“deleted” but can be retrieved through use of computer archives or any other “back-up” systems maintained
by you or on your behalf or that can be obtained from internet service providers. Lastly, “Documents”
specifically includes any visual and audio presentations, including but not limited to, Power Point
presentations, videos, DVDs, or films.
9. The terms “Pertain” or “Pertaining” shall mean evidencing, regarding, memorializing,
referring to, constituting, containing, discussing, describing, embodying, reflecting, identifying,
mentioning, stating, or otherwise relating to or regarding in any way, in whole or in part, the subject matter
referred to in the request.
10. The terms "Electronically Stored Information" and "ESI" include, but are not limited to,
any and all Documents (as defined above), audio or video Recordings, data, and/or other information stored
or maintained in electronic form on or in any computer, computer file, hard drive, shared drive, server,network, network storage device, application, USB drive, memory stick, flash drive, "thumb" drive, smart
card, memory card, JAZ drive, Zip drive, removable drive, voicemail/audio file, CD-ROM,DVD-ROM,
PDA (e.g. iPhone, Treo, Blackberry, Palm Pilot, Droid), mobile phone, backup tape, hardware or software,
hard disk, floppy disk, internet- or web-based e-mail account (business or personal), disaster recovery site,
iPod, MP3 device, or any other media or media storage device, however denominated, from which
Documents, data, and/or other information can be obtained, recovered, or translated, if necessary, into
reasonably usable form. ESI includes, but is not limited to, active files, archived files, backup data, legacy
data, residual data, deleted but recoverable files, embedded data, metadata, electronic file fragments, and
file slack.
each,” “one or more,” “including,” and
lL. The terms “or,” “and,” “all,” “every,” “any,
similar words of guidance, are intended merely as such, and should not be construed as words of limitation.
The words “or” and “and” shall include each other whenever possible to expand, not restrict, the scope of
the interrogatory. The word “including” shall not be used to limit any general category or description that
precedes it. The words “al
1“ 2 egg 07
every,” “any,” “each,” and “one or more” shall include each other whenever
possible to expand, not restrict, the scope of the interrogatory.
12. The term “Thing” refers to any tangible object, other than a document, and includes objects
of every kind and nature, including, but not limited to, prototypes, models, and specimens.
13. The terms "Writing(s)", "Recording(s)", or "Document(s)" as used herein are used in their
broadest sense and include, without limitation, any tangible material or electronic medium which contains
information regardless of how that information is stored or retrieved. It includes, but is not limited to, all
things written, recorded or graphic by whomever prepared, including without limitation any letters,
correspondence, memoranda, contracts, agreements, binders, endorsements, reports, records, tables, charts,
studies, statistics, analyses, books, magazines, newspapers, booklets , circulars, bulletins , notes, notices,
minutes, inter-office or intra-office communications, invoices, bills, questionnaires, notes, working papers,
graphs, pictures, indices, schedules, appointment books , drawings, calendars, diagrams, diaries, checks,purchase orders, bills of lading, telegrams, messages (including reports of telephone conversations and
conferences), tapes, microfilm or microfiche, e-mail, internet message board posting, instant messaging ,
computer disks, computer tapes, computer printouts, however produced or reproduced, of any kind or
description, including originals, drafts, and all non-identical copies, whether different from originals by
reason of any notations made on such copies or otherwise, which is in the possession , custody or control
of any of your employees, attorneys, agents, or representatives.
INTERROGATORIES
INTERROGATORY NO. 1: What is the name and address of the person answering these Interrogatories,
and, if applicable, the person’s official position or relationship with the party to whom the Interrogatories
are directed?
INTERROGATORY NO. 2: State the facts upon which You rely for each affirmative defense in Your
Answer.
INTERROGATORY NO. 3: If You are not insured for the acts of negligence and for the damages
described in the Complaint, please state whether You have complied with §§ 458.320(1) and (2), Fla. Stat.,
and, if so, describe in detail the method of compliance.
INTERROGATORY NO. 4: Please state the full name of Your employer or professional association at
the time you were treating JOSHUA ADAM MCPHERSON
INTERROGATORY NO. 5: Describe in detail each act or omission on the part of any party to this lawsuit
that You contend constituted negligence that was a contributing legal cause of the damages described in
the Complaint.
INTERROGATORY NO. 6: Describe in detail each act or omission on the part of any non-party to this
lawsuit that You contend constituted negligence that was a contributing legal cause of the damages
described in the Complaint.
INTERROGATORY NO. 7: Do You contend any person, health care provider or entity is or may be
liable, in whole or in part, for the claims asserted against You in this lawsuit? If so, state the full name andaddress of each such health care provider, individual or other entity, the legal basis for Your contention,
the facts or evidence upon which Your contention is based, and whether or not You have notified each such
person or entity of Your contention.
INTERROGATORY NO. 8: Have You heard, or do You know about, any statement or remark made by
or on behalf of any party to this lawsuit, concerning any issue in this lawsuit? If so, state the name and
address of each person who made the statement or statements, the name and address of each person who
heard it, and the date, time, place, and substance of the statement.
INTERROGATORY NO. 9: Please give us Your entire educational background, starting with Your
college education and chronologically indicating by date and place each school, college, course of study,
title of seminars, length of study, and honors received by You up to the present time, including internships,
residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships,
authorship of any books, articles or texts, including the names of those writings and their location in
medical journals, awards or honors received and continuing medical education.
INTERROGATORY NO. 10: Please state whether any claim for medical malpractice or negligence has
ever been made against You. This question includes all claims including, but not limited to, civil damages,
administrative complaints, lawsuits or proceedings wherein You were or could have been fined, and any
proceeding wherein Your license to operate was, or could have been, suspended or revoked. If the answer
is yes, please state as to each such claim the names of the parties, the claim number, the date of the alleged
incident, the ultimate disposition of the claim and the name of Your attorney, if any.
INTERROGATORY NO. 11: Have You or Your care or treatment of a patient ever been the subject of
an investigation for any reason by the State of Florida Agency for Health Care Administration, Department
of Professional Regulation or any other regulatory agency? If so, please identify the name and address of
the agency, the date of the investigation, the care and treatment which was the subject of the investigation
and state the resolution of the investigation.
INTERROGATORY NO. 12: Please state if You have ever been a party, either plaintiff or defendant, in
a lawsuit other than the present matter and, if so, state whether You were plaintiff or defendant, the nature
of the action, and the date and court in which such suit was filed.
INTERROGATORY NO. 13: Do You intend to call any expert witnesses at the trial of this case? If so,
state as to each such witness, the name, business address and area of expertise of the witness, the subject
matter upon which the witness is expected to testify, the facts and opinions to which the witness will testify,
and a summary of the grounds of each opinion.INTERROGATORY NO. 14: Have You made an agreement with anyone that would limit that party’s
liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement
and the parties to it.
INTERROGATORY NO. 15: Describe in detail Your relationship with University of Miami Hospital
and Clinics during the time You were treating JOSHUA ADAM MCPHERSON.
INTERROGATORY NO. 16: With respect to Your office library or usual place of work, provide the
name, author, name of publisher, and date of publication of every medical book or article, journal or
medical text, of which You had access, which deals with the overall subject matter described in the
Plaintiffs’ complaint.
INTERROGATORY NO. 17: Please describe, in detail, what, if anything, You or any other medical care
provider involved in JOSHUA ADAM MCPHERSON’s care did and/or communicated or failed to do
and/or communicate which may have contributed to the injuries suffered by JOSHUA ADAM
MCPHERSON.
INTERROGATORY NO. 18: Please identify each and every medical professional that was involved in
the diagnosis and/or treatment of JOSHUA ADAM MCPHERSON, and/or who examined the records of
JOSHUA ADAM MCPHERSON’s condition and treatment, whether in person or via e-mail or telephone
call. For each person identified, provide copies of the resulting correspondence and/or a log of each phone
call and a summary of the conversation that took place.
INTERROGATORY NO. 19: Please identify all imaging or radiology that was done on JOSHUA ADAM
MCPHERSON’s knee prior to his surgery by You that was taken to identify
INTERROGATORY NO. 20: During the surgery You performed on JOSHUA ADAM MCPHERSON,
what protocol did You use to know what Foreign Bodies were placed in JOSHUA ADAM MCPHERSON’s
knee and what Foreign Bodies needed to be removed before the conclusion of the surgery?
INTERROGATORY NO. 21: Please identify each and every Foreign Body that was placed inside of
JOSHUA ADAM MCPHERSON’s knee prior to the surgery You performed on JOSHUA ADAM
MCPHERSON that is the subject of this matter.INTERROGATORY NO. 22: Please identify each and every Foreign Body that You or Your surgical
team removed from JOSHUA ADAM MCPHERSON’s knee during the surgery You performed that are
the subject to this matter.
INTERROGATORY NO. 23: Please describe, in detail, the steps, testing and/or protocols taken, if any,
to ensure that all Foreign Bodies in JOSHUA ADAM MCPHERSON’s knee had been appropriately
removed from JOSHUA ADAM MCPHERSON’s knee.
INTERROGATORY NO. 24: Do You contend that failing to identify and subsequently remove the
anchor screw that was left in JOSHUA ADAM MCPHERSON’s knee was within the standard of care
applicable to orthopedic surgeons performing surgery such as the surgery performed on JOSHUA ADAM
MCPHERSON?
INTERROGATORY NO. 25: Please describe, in detail, the manner in which medical records are
recorded at Your practice and during the surgery performed by You on JOSHUA ADAM MCPHRERSON
(e.g., do You dictate or record Your own notes, or does someone else record medical notes acting as a
scribe for you?).
INTERROGATORY NO. 26: Please describe, in detail, the steps and protocols taken to determine why
JOSHUA ADAM MCPHERSON’s knee was not healing after the surgery You performed on him,
including, but not limited to, any radiology or other imaging, physical examination, and/or review of the
operative reports.
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Filing # 131301360 E-Filed 07/23/2021 01:55:33 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA. JOSHUA ADAM MCPHERSON, and ALLISON MCPHERSON, his wife, Plaintiffs, CASE NO.: 50-2021-CA-000183XXXXMB -vs- JUPITER ORTHOPEDICS AND SPORTS MEDICINE, PLLC; JUPITER OUTPATIENT SURGERY CENTER, LLC; ORTHO ANN, LLC; WADE VAN SICE, M.D.; UNIVERSITY OF MIAMI HOSPITAL AND CLINICS; and LEE KAPLAN, M.D., Defendants. / NOTICE OF FILING PLAINTIFFS’ FIRST SET OF INTERROGATORIES TO DEFENDANT, LEE KAPLAN, M.D. COMES NOW, Plaintiff JOSHUA ADAM MCPHERSON (“Plaintiff”) by and through the undersigned counsel, and hereby files this Notice of Filing Plaintiff's First Set of Interrogatories to Defendant, Lee Kaplan, M.D. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served electronically via Florida E-filing Portal on this 23rd day of July, 2021. Respectfully submitted, THE SAADE LAW FIRM, P.A. Attorneys for Plaintiffs 201 Sevilla Avenue, Suite 301 Coral Gables, Florida 33134 Telephone: (786) 633-1114 Direct: (786) 633-1214 Facsimile: (786) 633-1314 Email: gss@saadelaw.com /s/ Gabriel S. Saade By: GABRIEL S. SAADE, ESQ. Florida Bar No.: 111742 1 *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 07/23/2021 01:55:33 PM ***IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR MIAMI-DADE COUNTY, FLORIDA JOSHUA ADAM MCPHERSON, and ALLISON MCPHERSON, his wife, Plaintiffs, CASE NO.: 50-2021-CA-000183XXXXMB -vs- JUPITER ORTHOPEDICS AND SPORTS MEDICINE, PLLC; JUPITER OUTPATIENT SURGERY CENTER, LLC; ORTHO ANN, LLC; WADE VAN SICE, M.D.; UNIVERSITY OF MIAMI HOSPITAL AND CLINICS; and LEE KAPLAN, M.D., Defendants. / PLAINTIFF’S FIRST SET OF INTERROGATORIES TO DEFENDANT, LEE KAPLAN, M.D. COMES NOW, Plaintiff JOSHUA ADAM MCPHERSON (‘Plaintiff’) by and through the undersigned counsel, and pursuant to Rule 1.340 of the Florida Rules of Civil Procedure, hereby propounds his first Set of Interrogatories to Defendant Lee Kaplan, M.D. (“Defendant”) who, according to the preceding rule, must respond to this Interrogatory within thirty (30) days from the date of service. INSTRUCTIONS 1. Pursuant to Fla. R. Civ. P. Rule 1.340, answers to each Interrogatory shall be answered unless the Interrogatory is objected to, in which event the reasons for the objection shall be stated. If an objection is made to a part of Defendant’s Interrogatory, the part objected to must be specified and remainder granted. If producing documents as Your answer or as part of Your answer, the producing party shall either produce them as they are kept in the usual course of business or shall identify them to correspond with the categories in the interrogatory. 2. Pursuant to Florida Rule of Civil Procedure 1.280(b)(5), if Defendant “withholds information otherwise discoverable under these rules by claiming that it is privileged or subject to protection as trial preparation material,” Defendant “shall make the claim expressly and shall describe the nature of the documents, communications, or things not produced or disclosed in a manner that, withoutrevealing information itself privileged or protected, will enable other parties to assess the applicability of the privilege or protection.” 3. You must answer each Interrogatory separately and fully in writing. 4. Where knowledge or information of a Defendant is requested, this interrogatory includes knowledge available to or possessed by the agents, representatives, and attorney of said Defendant, unless privileged. 5. Where the name of a person is requested, indicate the full name, home address, business address, e-mail address, and all available telephone numbers of the person. 6. Each Interrogatory and each subpart of each Interrogatory must be given a separate answer. Interrogatories or subparts thereof may not be combined even when the answer given to the Interrogatory and/or their subparts are identical, or substantially similar. The answer to any Interrogatory or subpart thereof may not be supplied by reference to an answer to any other Interrogatory or subpart thereof, unless the Interrogatory or subpart thereof so referred to supplies a complete and accurate answer to the individual Interrogatory or subpart thereof which is being responded to initially. 7. As stated initially in this document, these Interrogatories will be deemed to be continuing in nature in order to allow supplemental answers so that your answers to each item remain accurate and complete if you or counsel representing you should obtain any further or different information between the time the answers to these items are made and the time of any trial on the merit. 8. Reference to the singular in any of these Interrogatories shall also include a reference to the plural, and reference to the plural also shall include a reference to the singular. 9. These Interrogatories are intended to elicit as much information as possible concerning the issues, and to the extent any interrogatory could be interpreted in more than one way, you should employ the interpretation of the Interrogatory most likely to encompass and elicit the greatest amount of information possible.10. If Defendant refuses to disclose any of the information requested in any of these Interrogatories on the basis of a privilege or other protection, please so state, and further state the basis of the privilege or other protection claim with sufficient specificity to permit the Court and counsel to evaluate and test the privilege or protection claimed. 11. Defendant is under a continuing obligation to respond to the Interrogatory set forth herein. Accordingly, if Defendant subsequently gains additional information called for in any of the requests set forth herein, Defendant should promptly produce such information to Plaintiff. DEFINITIONS 1. The term “Plaintiff” means Plaintiff JOSHUA ADAM MCPHERSON. 2. The terms “Defendant” and “You” and “Your” means Defendant LEE KAPLAN, M.D. 3. The terms “University of Miami” means UNIVERSITY OF MIAMI HOSPITAL AND CLINICS together with its officers, directors, managing members, employees, agents, servants, representatives, personal representatives, heirs, and/or successors. 4. The term “Complaint” means Plaintiffs, Joshua Adam McPherson and his wife, Allison McPherson’s Amended Complaint, filed in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, on February 2, 2021. 5. The terms “Foreign Body” and “Foreign Bodies” mean any surgical tool(s), instrument(s), and/or material(s) used during a surgical operation, including, but not limited to, anchors, catheters, clamps, cotton swabs, gauze pads, needles, pins, retractors, scissors, surgical sponges, towels, and wires. 6. The term “Communication” means any oral, written, electronic, or other exchange of words, thoughts, information, or ideas to another person or entity, whether in person, in a group, by telephone, by letter, by Telex, by facsimile, or by any other process, electric, electronic, or otherwise. All such communications in writing shall include, without limitation, printed, typed, handwritten, or other readable documents, correspondence, memoranda, reports, contracts, drafts (both initial and subsequent),computer discs or transmissions, e-mails, instant messages, tape or video recordings, voicemails, diaries, logbooks, minutes, notes, studies, surveys and forecasts, and any and all copies thereof. 7. The term "Concerning" means relating to, referring to, describing, evidencing or constituting. 8. The term “Document(s)” is used in this Request in its broadest sense and means correspondence, memoranda, facsimiles, record specification, or any record of information, of any kind or description, however made, produced, or reproduced, whether by hand or by any electronic, photographic, mechanical, or other process; stored in any manner including without limitation, computer memory, film paper, phonograph records, tape recordings, videotapes, and videodisks; and includes all drafts, all originals, and all non-identical copies, whether different from the original by reason of any notation made on such copies or otherwise, and includes, without limitation, all recorded information of any kind, whether maintained on paper, videotape, or other physical medium or whether maintained only electronically, magnetically or in any other form from which the information can be retrieved. The term “Documents” also specifically includes materials stored on computers of any sort and includes materials that have been “deleted” but can be retrieved through use of computer archives or any other “back-up” systems maintained by you or on your behalf or that can be obtained from internet service providers. Lastly, “Documents” specifically includes any visual and audio presentations, including but not limited to, Power Point presentations, videos, DVDs, or films. 9. The terms “Pertain” or “Pertaining” shall mean evidencing, regarding, memorializing, referring to, constituting, containing, discussing, describing, embodying, reflecting, identifying, mentioning, stating, or otherwise relating to or regarding in any way, in whole or in part, the subject matter referred to in the request. 10. The terms "Electronically Stored Information" and "ESI" include, but are not limited to, any and all Documents (as defined above), audio or video Recordings, data, and/or other information stored or maintained in electronic form on or in any computer, computer file, hard drive, shared drive, server,network, network storage device, application, USB drive, memory stick, flash drive, "thumb" drive, smart card, memory card, JAZ drive, Zip drive, removable drive, voicemail/audio file, CD-ROM,DVD-ROM, PDA (e.g. iPhone, Treo, Blackberry, Palm Pilot, Droid), mobile phone, backup tape, hardware or software, hard disk, floppy disk, internet- or web-based e-mail account (business or personal), disaster recovery site, iPod, MP3 device, or any other media or media storage device, however denominated, from which Documents, data, and/or other information can be obtained, recovered, or translated, if necessary, into reasonably usable form. ESI includes, but is not limited to, active files, archived files, backup data, legacy data, residual data, deleted but recoverable files, embedded data, metadata, electronic file fragments, and file slack. each,” “one or more,” “including,” and lL. The terms “or,” “and,” “all,” “every,” “any, similar words of guidance, are intended merely as such, and should not be construed as words of limitation. The words “or” and “and” shall include each other whenever possible to expand, not restrict, the scope of the interrogatory. The word “including” shall not be used to limit any general category or description that precedes it. The words “al 1“ 2 egg 07 every,” “any,” “each,” and “one or more” shall include each other whenever possible to expand, not restrict, the scope of the interrogatory. 12. The term “Thing” refers to any tangible object, other than a document, and includes objects of every kind and nature, including, but not limited to, prototypes, models, and specimens. 13. The terms "Writing(s)", "Recording(s)", or "Document(s)" as used herein are used in their broadest sense and include, without limitation, any tangible material or electronic medium which contains information regardless of how that information is stored or retrieved. It includes, but is not limited to, all things written, recorded or graphic by whomever prepared, including without limitation any letters, correspondence, memoranda, contracts, agreements, binders, endorsements, reports, records, tables, charts, studies, statistics, analyses, books, magazines, newspapers, booklets , circulars, bulletins , notes, notices, minutes, inter-office or intra-office communications, invoices, bills, questionnaires, notes, working papers, graphs, pictures, indices, schedules, appointment books , drawings, calendars, diagrams, diaries, checks,purchase orders, bills of lading, telegrams, messages (including reports of telephone conversations and conferences), tapes, microfilm or microfiche, e-mail, internet message board posting, instant messaging , computer disks, computer tapes, computer printouts, however produced or reproduced, of any kind or description, including originals, drafts, and all non-identical copies, whether different from originals by reason of any notations made on such copies or otherwise, which is in the possession , custody or control of any of your employees, attorneys, agents, or representatives. INTERROGATORIES INTERROGATORY NO. 1: What is the name and address of the person answering these Interrogatories, and, if applicable, the person’s official position or relationship with the party to whom the Interrogatories are directed? INTERROGATORY NO. 2: State the facts upon which You rely for each affirmative defense in Your Answer. INTERROGATORY NO. 3: If You are not insured for the acts of negligence and for the damages described in the Complaint, please state whether You have complied with §§ 458.320(1) and (2), Fla. Stat., and, if so, describe in detail the method of compliance. INTERROGATORY NO. 4: Please state the full name of Your employer or professional association at the time you were treating JOSHUA ADAM MCPHERSON INTERROGATORY NO. 5: Describe in detail each act or omission on the part of any party to this lawsuit that You contend constituted negligence that was a contributing legal cause of the damages described in the Complaint. INTERROGATORY NO. 6: Describe in detail each act or omission on the part of any non-party to this lawsuit that You contend constituted negligence that was a contributing legal cause of the damages described in the Complaint. INTERROGATORY NO. 7: Do You contend any person, health care provider or entity is or may be liable, in whole or in part, for the claims asserted against You in this lawsuit? If so, state the full name andaddress of each such health care provider, individual or other entity, the legal basis for Your contention, the facts or evidence upon which Your contention is based, and whether or not You have notified each such person or entity of Your contention. INTERROGATORY NO. 8: Have You heard, or do You know about, any statement or remark made by or on behalf of any party to this lawsuit, concerning any issue in this lawsuit? If so, state the name and address of each person who made the statement or statements, the name and address of each person who heard it, and the date, time, place, and substance of the statement. INTERROGATORY NO. 9: Please give us Your entire educational background, starting with Your college education and chronologically indicating by date and place each school, college, course of study, title of seminars, length of study, and honors received by You up to the present time, including internships, residencies, degrees received, licenses earned or revoked, medical specialty training, board memberships, authorship of any books, articles or texts, including the names of those writings and their location in medical journals, awards or honors received and continuing medical education. INTERROGATORY NO. 10: Please state whether any claim for medical malpractice or negligence has ever been made against You. This question includes all claims including, but not limited to, civil damages, administrative complaints, lawsuits or proceedings wherein You were or could have been fined, and any proceeding wherein Your license to operate was, or could have been, suspended or revoked. If the answer is yes, please state as to each such claim the names of the parties, the claim number, the date of the alleged incident, the ultimate disposition of the claim and the name of Your attorney, if any. INTERROGATORY NO. 11: Have You or Your care or treatment of a patient ever been the subject of an investigation for any reason by the State of Florida Agency for Health Care Administration, Department of Professional Regulation or any other regulatory agency? If so, please identify the name and address of the agency, the date of the investigation, the care and treatment which was the subject of the investigation and state the resolution of the investigation. INTERROGATORY NO. 12: Please state if You have ever been a party, either plaintiff or defendant, in a lawsuit other than the present matter and, if so, state whether You were plaintiff or defendant, the nature of the action, and the date and court in which such suit was filed. INTERROGATORY NO. 13: Do You intend to call any expert witnesses at the trial of this case? If so, state as to each such witness, the name, business address and area of expertise of the witness, the subject matter upon which the witness is expected to testify, the facts and opinions to which the witness will testify, and a summary of the grounds of each opinion.INTERROGATORY NO. 14: Have You made an agreement with anyone that would limit that party’s liability to anyone for any of the damages sued upon in this case? If so, state the terms of the agreement and the parties to it. INTERROGATORY NO. 15: Describe in detail Your relationship with University of Miami Hospital and Clinics during the time You were treating JOSHUA ADAM MCPHERSON. INTERROGATORY NO. 16: With respect to Your office library or usual place of work, provide the name, author, name of publisher, and date of publication of every medical book or article, journal or medical text, of which You had access, which deals with the overall subject matter described in the Plaintiffs’ complaint. INTERROGATORY NO. 17: Please describe, in detail, what, if anything, You or any other medical care provider involved in JOSHUA ADAM MCPHERSON’s care did and/or communicated or failed to do and/or communicate which may have contributed to the injuries suffered by JOSHUA ADAM MCPHERSON. INTERROGATORY NO. 18: Please identify each and every medical professional that was involved in the diagnosis and/or treatment of JOSHUA ADAM MCPHERSON, and/or who examined the records of JOSHUA ADAM MCPHERSON’s condition and treatment, whether in person or via e-mail or telephone call. For each person identified, provide copies of the resulting correspondence and/or a log of each phone call and a summary of the conversation that took place. INTERROGATORY NO. 19: Please identify all imaging or radiology that was done on JOSHUA ADAM MCPHERSON’s knee prior to his surgery by You that was taken to identify INTERROGATORY NO. 20: During the surgery You performed on JOSHUA ADAM MCPHERSON, what protocol did You use to know what Foreign Bodies were placed in JOSHUA ADAM MCPHERSON’s knee and what Foreign Bodies needed to be removed before the conclusion of the surgery? INTERROGATORY NO. 21: Please identify each and every Foreign Body that was placed inside of JOSHUA ADAM MCPHERSON’s knee prior to the surgery You performed on JOSHUA ADAM MCPHERSON that is the subject of this matter.INTERROGATORY NO. 22: Please identify each and every Foreign Body that You or Your surgical team removed from JOSHUA ADAM MCPHERSON’s knee during the surgery You performed that are the subject to this matter. INTERROGATORY NO. 23: Please describe, in detail, the steps, testing and/or protocols taken, if any, to ensure that all Foreign Bodies in JOSHUA ADAM MCPHERSON’s knee had been appropriately removed from JOSHUA ADAM MCPHERSON’s knee. INTERROGATORY NO. 24: Do You contend that failing to identify and subsequently remove the anchor screw that was left in JOSHUA ADAM MCPHERSON’s knee was within the standard of care applicable to orthopedic surgeons performing surgery such as the surgery performed on JOSHUA ADAM MCPHERSON? INTERROGATORY NO. 25: Please describe, in detail, the manner in which medical records are recorded at Your practice and during the surgery performed by You on JOSHUA ADAM MCPHRERSON (e.g., do You dictate or record Your own notes, or does someone else record medical notes acting as a scribe for you?). INTERROGATORY NO. 26: Please describe, in detail, the steps and protocols taken to determine why JOSHUA ADAM MCPHERSON’s knee was not healing after the surgery You performed on him, including, but not limited to, any radiology or other imaging, physical examination, and/or review of the operative reports. 10