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Filing # 142206028 E-Filed 01/19/2022 08:13:40 AM
IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR
MARTIN COUNTY, FLORIDA
CASE NO. 21-610-CA
CHELSEA HILL, as Personal Representative of
the Estate of Margaret Carlton, deceased,
Plaintiff,
v.
LEONEL LOPEZ, D.O.; PARAGON CONTRACTING SERVICE, LLC;
MICHAEL MALTMAN, M.D.; TREASURE COAST TOPDOC, PLLC;
MARTIN MEMORIAL MEDICAL CENTER, INC., d/b/a CLEVELAND
CLINIC TRADITION HOSPITAL; and MARTIN MEMORIAL PHYSICIAN
CORPORATION, INC., d/b/a MARTIN HEALTH PHYSICIAN GROUP,
Defendants.
P Y
______________________________________________________/
C O
PLAINTIFF’S RESPONSE TO EXPERT REQUEST TO PRODUCE
OF MARTIN MEMORIAL MEDICAL CENTER
Plaintiff, CHELSEA HILL. As Personal Representative of the Estate of Margaret
Carlton, by and through her undersigned counsel, hereby files her response to Defendant’s
Expert Request for Production served December 23, 2021, as follows:
PLAINTIFF OBJECTS TO THE ISSUANCE OF THIS EXPERT REQUEST FOR
PRODUCTION AS THE FLORIDA RULES OF CIVIL PROCEDURE, SPECIFICALLY
RULE 1.280, STATES IN PERTINENT PART THAT THERE ARE ONLY TWO WAYS
FOR OBTAINING EXPERT DISCOVERY. ONE IS BY WAY OF INTERROGATORIES
AND LIMITED IN SCOPE OF WHAT MAY BE SOUGHT AND THE SECOND, BY
WAY OF DEPOSITION DUCES TECUM. MOREOVER, RULE 1.280(b)(5) IS VERY
SPECIFIC THAT FINANCIAL REQUESTS CAN NOT BE OBTAINED UNLESS:
An expert may be required to produce financial and business records only under the most
unusual or compelling circumstances and may not be compelled to compile or produce
nonexistent documents. Upon motion, the court may order further discovery by other
means, subject to such restrictions as to scope and other provisions pursuant to subdivision
(b)(5)(C) of this rule concerning fees and expenses as the court may deem appropriate.
In the instant case the Defendant has requested documentation that runs far afield
of what is permitted pursuant to the Florida Rules of Civil Procedure pertaining to expert
discovery.
This objection pertains to all requests below as Florida law does not recognize
issuing a request for production for materials pertaining to a retained medical expert.1
1. Copies of all of Plaintiff’s disclosed experts’ most recent Curricula Vitae.
Previously provided with Expert Disclosure. Please advise if you need
another copy.
2. Any and all reports, correspondence, invoices, bills, statements, documents and
Y
materials relating to this lawsuit received by Plaintiff from Plaintiff’s disclosed expert witnesses.
P
Attached.
O
3. Any and all reports, correspondence, documents, and materials relating to this
C
lawsuit sent to or transmitted by Plaintiff’s counsel and/or anyone affiliated with Plaintiff’s
counsels’ law firm or to any other person on the Plaintiff’s behalf.
Please see the attached materials in the sharefile, link provided.
4. A complete copy of all of Plaintiff’s disclosed experts' files maintained relative to
the subject lawsuit, including all documents and materials created by Plaintiff’s experts, received
by or transmitted to Plaintiff’s experts and upon which they rely for their respective opinions.
Objection. The experts are not required to produce in a request for production copies
of the entire file. The following provides a list of all documents received by the experts for
their review. At deposition and pursuant to the Florida Rules of Civil Procedure if copies are
requested they can be attached to said deposition.
1
The undersigned recognizes there is case law pertaining to CME doctors which is NOT what is
requested herein as these experts are retained medical malpractice experts who have not
physically evaluated the decedent.
5. Any and all notes, calculations, writings, memoranda or other data which
Plaintiff’s experts have prepared in this case in formulating their opinion.
None at this time.
6. Any and all computer printouts from computers used by Plaintiff’s experts or their
agents, servants or employees.
Objection, as phrased this request is vague and it cannot be determined what is
being asked for.
7. Any and all witness statements, written or recorded, which Plaintiff’s experts
have examined in connection with this case.
8.
P Y
All materials reviewed by experts are contained in the sharefile, link provided.
Any correspondence, reports, drawings, graphs, charts, illustrations, or plans
C O
created by any expert you intend on calling at trial in this action, or notes of telephone or verbal
communications between said expert or anyone in his/her office and any adjusters, agents
attorneys or servants of Plaintiff related to this action. Specifically, this request includes
engagement letters or retainer agreements.
All materials responsive to this request are contained in the sharefile, link provided.
9. All photographs, DVDs, and videotapes reviewed or taken by Plaintiff’s experts
in connection with this case.
All materials responsive to this request are contained in the sharefile, link provided.
10. Copies of other experts’ reports which Plaintiff’s experts read in formulating any
opinions in connection with this case.
None at this time.
11. Any other documents in writing, photographs, objects or information of any kind
or description which Plaintiff’s experts have reviewed in formulating their opinions or which
they support their opinions in connection with this case.
None.
12. All documents Plaintiff’s experts reviewed, referred to or relied upon in arriving
at any of their opinions or conclusions concerning the issues involved in this case, including but
not limited to all scientific and technical articles, publications, codes, standards and any other
literature whatsoever.
None at this time other than what has been listed and any future depositions.
13.
P Y
Copies of any correspondence written by Plaintiff’s experts or received from
others, including but not limited to Plaintiff’s attorneys, with whom they have consulted in
connection with this case.
None.
C O
14. Plaintiff’s experts’ office records indicating time spent on by undertaking this
case and the hourly charges therefore in connection with this case and all documents, including
but not limited to copies of checks or other forms of payment of Plaintiff’s experts’ billings in
this case.
Please see the invoices are attached.
15. Any publications, treaties, manuals, textbooks, or other documents used as a
reference by Plaintiff’s experts in connection with this case or considered authoritative by
Plaintiffs’ experts in support of their opinions.
None at this time other than what has been listed and any future depositions.
16. Any memoranda reviewed which were prepared by the Plaintiff’s attorneys in
engaging Plaintiff’s experts, in connection with this case.
None.
17. All models, illustrations, photographs or other exhibits or documents of any kind
whatsoever which Plaintiff’s experts intend or contemplate using to explain, illustrate or support
their testimony at deposition and/or trial.
Undetermined at this time.
18. Please provide copies of any multimedia presentations, regardless of format, (e.g.
Microsoft PowerPoint, “Presentations” by Corel, etc.) which Plaintiff’s experts intend to utilize
at the time of trial.
Undetermined at this time.
19.
P Y
Please provide any and all materials, including DVD’s video recordings,
documents, exhibits, deposition transcripts, medical/ articles/medical literature/learned treatises,
C O
prior trial testimony, any and all case law and/or published opinions in any jurisdiction in the
United States, or other evidence, reasonably expected or intended to be used at trial for witness
impeachment, pursuant to Northup v. Acken, 865 So. 2d 1267 (Fla. 2004).
Undetermined at this time.
20. For each of Plaintiff’s experts, please produce any documents or tangible items
evidencing the following:
a. The scope of their employment as expert witnesses in this case and the
compensation for such service.
b. The general litigation experience, including the percentage of work done
for Plaintiffs and Defendants.
c. The identity of other insurance claims or legal actions in which Plaintiff’s
experts rendered expert opinions or evaluations during the last five years.
(This request does not include instances where the medical expert provided
treatment to a patient, only expert witness services).
Tabetha Ruple, R.N. No list exists.
Robert Holloway, M.D. No list exists.
John (Hans) Schweiger, M.D., F.C.C.P.: Attached.
Marc Farraye, M.D.: Attached.
Marc Kaye, M.D.: Attached.
Eroston Price, M.D. Attached.
Kris Kucsma: Attached.
Peter Pappas, M.D: No list exists
d. All trial and deposition testimony given within the last five (5) years, and
include the name of the case, the case number, the attorneys involved in the
litigation, the county in which the litigation was filed and whether the said
Y
expert was testifying on behalf of the plaintiff or defendant.
e.
See 20c.
O P
The identity of other cases in which Plaintiff’s expert witnesses in this case
C
have testified by deposition or at trial for Plaintiff’s law firm and/or anyone
affiliated with Plaintiff’s law firm; and an approximation of the portion of
Plaintiff’s experts’ involvement as an expert witness, which may be based
upon the number of hours, percentage of hours, or percentage of earned
income derived from serving as an expert witness.
No such materials exist.
21. Any and all records reflecting the amount of monies billed by any expert you
intend on calling at the trial of this action to Plaintiff, her attorneys (including but not limited to
the attorneys and their firms who have represented Plaintiff in this action), or anyone acting on
her behalf, for compulsory medical examinations, and/or independent medical examinations or
medical records review of Plaintiff, and/or other expert consulting work, for the past five (5)
years. These records include but are not limited to computer printouts, ledger cards, Form 1099s
and copies of checks.
Attached are invoices.
22. Any and all reports or other documents created by any expert you intend on
calling at the trial of this action with reference to decedent, MARGARET CARLTON, and the
incident which is the subject of this litigation which states the opinions of said expert with
reference to decedent, MARGARET CARLTON, and the incident which is the subject of this
litigation.
See Autopsy Report.
23. For the last 5 years, produce a list of cases (or any document which would
identify the case name) in which Plaintiff’s experts have been paid for conferences with
No such list exists.
P Y
Plaintiff’s counsel and/or anyone affiliated with Plaintiff’s counsel.
24.
C O
For the past 5 years, produce a list of cases (or any document which would
identify the case name) in which Plaintiff’s experts have been paid by Plaintiff’s counsel for
deposition and/or trial testimony.
No such list exists.
25. For the past 5 years, produce a copy of any correspondence to or from Plaintiff’s
counsel on any cases, redacting only HIPAA privileged information.
Objection, as phrased this request is vague.
26. For the past 5 years, produce a list of cases, or any document which would
identify the amounts of income received by Plaintiff’s experts from Plaintiff’s counsel.
No such list exists.
27. Any documents which evidence income Plaintiff’s experts have received from
working on litigation cases for the past 5 years.
Objection. This request is over broad.
28. Copies of any and all reports, analysis, evaluations or memoranda of any experts,
whether medical or non-medical, with regard to the issues raised in this litigation.
None other than the Autopsy Report at this time.
CERTIFICATE OF SERVICE
SWE HEREBY CERTIFY a copy of the foregoing was filed with the Eportal who will
serve copies of same on: sent by electronic mail to Thomas Aubin, Esq., Stearns Weaver, et al.,
200 E. Las Olas Blvd., Suite 2100, Ft. Lauderdale, FL 33301, mpodolnick@stearnsweaver.com;
taubin@stearnsweaver.com; aspencer@stearnsweaver.com), James White, Esq, White &
Russell, P.A., 11641 Kew Gardens Avenue, Suite 101, Palm Beach Gardens, FL 33410.,
(white@wrtrial.com; walsh@wrtrial.com; leone@wrtrial.com; parker@wrtrial.com;
Y
wanser@wrtrial.com; pleadings@wrtrial.com) and Robert Paradela, Esq., Wicker Smith, et al.,
515 E. Las Olas Blvd., Suite 1400, Ft. Lauderdale, FL 33301
P
th
(ftlcrtpleadings@wickersmith.com) this 19 day of January, 2022.
C O RUBENSTEIN LAW, P.A.
Attorneys for Plaintiff
9130 S. Dadeland Blvd., PH
Miami, FL 33156
Tel.: 305/661-6000
Fax: 786/230-2934
Email:bonnie@rubensteinlaw.com
efabricant@rubensteinlaw.com
eservice@rubensteinlaw.com
By: /s/ Bonnie Navin
Bonnie Navin, Esquire
Fla Bar No. 48775
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Filing # 142206028 E-Filed 01/19/2022 08:13:40 AM IN THE CIRCUIT COURT OF THE 19TH JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO. 21-610-CA CHELSEA HILL, as Personal Representative of the Estate of Margaret Carlton, deceased, Plaintiff, v. LEONEL LOPEZ, D.O.; PARAGON CONTRACTING SERVICE, LLC; MICHAEL MALTMAN, M.D.; TREASURE COAST TOPDOC, PLLC; MARTIN MEMORIAL MEDICAL CENTER, INC., d/b/a CLEVELAND CLINIC TRADITION HOSPITAL; and MARTIN MEMORIAL PHYSICIAN CORPORATION, INC., d/b/a MARTIN HEALTH PHYSICIAN GROUP, Defendants. P Y ______________________________________________________/ C O PLAINTIFF’S RESPONSE TO EXPERT REQUEST TO PRODUCE OF MARTIN MEMORIAL MEDICAL CENTER Plaintiff, CHELSEA HILL. As Personal Representative of the Estate of Margaret Carlton, by and through her undersigned counsel, hereby files her response to Defendant’s Expert Request for Production served December 23, 2021, as follows: PLAINTIFF OBJECTS TO THE ISSUANCE OF THIS EXPERT REQUEST FOR PRODUCTION AS THE FLORIDA RULES OF CIVIL PROCEDURE, SPECIFICALLY RULE 1.280, STATES IN PERTINENT PART THAT THERE ARE ONLY TWO WAYS FOR OBTAINING EXPERT DISCOVERY. ONE IS BY WAY OF INTERROGATORIES AND LIMITED IN SCOPE OF WHAT MAY BE SOUGHT AND THE SECOND, BY WAY OF DEPOSITION DUCES TECUM. MOREOVER, RULE 1.280(b)(5) IS VERY SPECIFIC THAT FINANCIAL REQUESTS CAN NOT BE OBTAINED UNLESS: An expert may be required to produce financial and business records only under the most unusual or compelling circumstances and may not be compelled to compile or produce nonexistent documents. Upon motion, the court may order further discovery by other means, subject to such restrictions as to scope and other provisions pursuant to subdivision (b)(5)(C) of this rule concerning fees and expenses as the court may deem appropriate. In the instant case the Defendant has requested documentation that runs far afield of what is permitted pursuant to the Florida Rules of Civil Procedure pertaining to expert discovery. This objection pertains to all requests below as Florida law does not recognize issuing a request for production for materials pertaining to a retained medical expert.1 1. Copies of all of Plaintiff’s disclosed experts’ most recent Curricula Vitae. Previously provided with Expert Disclosure. Please advise if you need another copy. 2. Any and all reports, correspondence, invoices, bills, statements, documents and Y materials relating to this lawsuit received by Plaintiff from Plaintiff’s disclosed expert witnesses. P Attached. O 3. Any and all reports, correspondence, documents, and materials relating to this C lawsuit sent to or transmitted by Plaintiff’s counsel and/or anyone affiliated with Plaintiff’s counsels’ law firm or to any other person on the Plaintiff’s behalf. Please see the attached materials in the sharefile, link provided. 4. A complete copy of all of Plaintiff’s disclosed experts' files maintained relative to the subject lawsuit, including all documents and materials created by Plaintiff’s experts, received by or transmitted to Plaintiff’s experts and upon which they rely for their respective opinions. Objection. The experts are not required to produce in a request for production copies of the entire file. The following provides a list of all documents received by the experts for their review. At deposition and pursuant to the Florida Rules of Civil Procedure if copies are requested they can be attached to said deposition. 1 The undersigned recognizes there is case law pertaining to CME doctors which is NOT what is requested herein as these experts are retained medical malpractice experts who have not physically evaluated the decedent. 5. Any and all notes, calculations, writings, memoranda or other data which Plaintiff’s experts have prepared in this case in formulating their opinion. None at this time. 6. Any and all computer printouts from computers used by Plaintiff’s experts or their agents, servants or employees. Objection, as phrased this request is vague and it cannot be determined what is being asked for. 7. Any and all witness statements, written or recorded, which Plaintiff’s experts have examined in connection with this case. 8. P Y All materials reviewed by experts are contained in the sharefile, link provided. Any correspondence, reports, drawings, graphs, charts, illustrations, or plans C O created by any expert you intend on calling at trial in this action, or notes of telephone or verbal communications between said expert or anyone in his/her office and any adjusters, agents attorneys or servants of Plaintiff related to this action. Specifically, this request includes engagement letters or retainer agreements. All materials responsive to this request are contained in the sharefile, link provided. 9. All photographs, DVDs, and videotapes reviewed or taken by Plaintiff’s experts in connection with this case. All materials responsive to this request are contained in the sharefile, link provided. 10. Copies of other experts’ reports which Plaintiff’s experts read in formulating any opinions in connection with this case. None at this time. 11. Any other documents in writing, photographs, objects or information of any kind or description which Plaintiff’s experts have reviewed in formulating their opinions or which they support their opinions in connection with this case. None. 12. All documents Plaintiff’s experts reviewed, referred to or relied upon in arriving at any of their opinions or conclusions concerning the issues involved in this case, including but not limited to all scientific and technical articles, publications, codes, standards and any other literature whatsoever. None at this time other than what has been listed and any future depositions. 13. P Y Copies of any correspondence written by Plaintiff’s experts or received from others, including but not limited to Plaintiff’s attorneys, with whom they have consulted in connection with this case. None. C O 14. Plaintiff’s experts’ office records indicating time spent on by undertaking this case and the hourly charges therefore in connection with this case and all documents, including but not limited to copies of checks or other forms of payment of Plaintiff’s experts’ billings in this case. Please see the invoices are attached. 15. Any publications, treaties, manuals, textbooks, or other documents used as a reference by Plaintiff’s experts in connection with this case or considered authoritative by Plaintiffs’ experts in support of their opinions. None at this time other than what has been listed and any future depositions. 16. Any memoranda reviewed which were prepared by the Plaintiff’s attorneys in engaging Plaintiff’s experts, in connection with this case. None. 17. All models, illustrations, photographs or other exhibits or documents of any kind whatsoever which Plaintiff’s experts intend or contemplate using to explain, illustrate or support their testimony at deposition and/or trial. Undetermined at this time. 18. Please provide copies of any multimedia presentations, regardless of format, (e.g. Microsoft PowerPoint, “Presentations” by Corel, etc.) which Plaintiff’s experts intend to utilize at the time of trial. Undetermined at this time. 19. P Y Please provide any and all materials, including DVD’s video recordings, documents, exhibits, deposition transcripts, medical/ articles/medical literature/learned treatises, C O prior trial testimony, any and all case law and/or published opinions in any jurisdiction in the United States, or other evidence, reasonably expected or intended to be used at trial for witness impeachment, pursuant to Northup v. Acken, 865 So. 2d 1267 (Fla. 2004). Undetermined at this time. 20. For each of Plaintiff’s experts, please produce any documents or tangible items evidencing the following: a. The scope of their employment as expert witnesses in this case and the compensation for such service. b. The general litigation experience, including the percentage of work done for Plaintiffs and Defendants. c. The identity of other insurance claims or legal actions in which Plaintiff’s experts rendered expert opinions or evaluations during the last five years. (This request does not include instances where the medical expert provided treatment to a patient, only expert witness services). Tabetha Ruple, R.N. No list exists. Robert Holloway, M.D. No list exists. John (Hans) Schweiger, M.D., F.C.C.P.: Attached. Marc Farraye, M.D.: Attached. Marc Kaye, M.D.: Attached. Eroston Price, M.D. Attached. Kris Kucsma: Attached. Peter Pappas, M.D: No list exists d. All trial and deposition testimony given within the last five (5) years, and include the name of the case, the case number, the attorneys involved in the litigation, the county in which the litigation was filed and whether the said Y expert was testifying on behalf of the plaintiff or defendant. e. See 20c. O P The identity of other cases in which Plaintiff’s expert witnesses in this case C have testified by deposition or at trial for Plaintiff’s law firm and/or anyone affiliated with Plaintiff’s law firm; and an approximation of the portion of Plaintiff’s experts’ involvement as an expert witness, which may be based upon the number of hours, percentage of hours, or percentage of earned income derived from serving as an expert witness. No such materials exist. 21. Any and all records reflecting the amount of monies billed by any expert you intend on calling at the trial of this action to Plaintiff, her attorneys (including but not limited to the attorneys and their firms who have represented Plaintiff in this action), or anyone acting on her behalf, for compulsory medical examinations, and/or independent medical examinations or medical records review of Plaintiff, and/or other expert consulting work, for the past five (5) years. These records include but are not limited to computer printouts, ledger cards, Form 1099s and copies of checks. Attached are invoices. 22. Any and all reports or other documents created by any expert you intend on calling at the trial of this action with reference to decedent, MARGARET CARLTON, and the incident which is the subject of this litigation which states the opinions of said expert with reference to decedent, MARGARET CARLTON, and the incident which is the subject of this litigation. See Autopsy Report. 23. For the last 5 years, produce a list of cases (or any document which would identify the case name) in which Plaintiff’s experts have been paid for conferences with No such list exists. P Y Plaintiff’s counsel and/or anyone affiliated with Plaintiff’s counsel. 24. C O For the past 5 years, produce a list of cases (or any document which would identify the case name) in which Plaintiff’s experts have been paid by Plaintiff’s counsel for deposition and/or trial testimony. No such list exists. 25. For the past 5 years, produce a copy of any correspondence to or from Plaintiff’s counsel on any cases, redacting only HIPAA privileged information. Objection, as phrased this request is vague. 26. For the past 5 years, produce a list of cases, or any document which would identify the amounts of income received by Plaintiff’s experts from Plaintiff’s counsel. No such list exists. 27. Any documents which evidence income Plaintiff’s experts have received from working on litigation cases for the past 5 years. Objection. This request is over broad. 28. Copies of any and all reports, analysis, evaluations or memoranda of any experts, whether medical or non-medical, with regard to the issues raised in this litigation. None other than the Autopsy Report at this time. CERTIFICATE OF SERVICE SWE HEREBY CERTIFY a copy of the foregoing was filed with the Eportal who will serve copies of same on: sent by electronic mail to Thomas Aubin, Esq., Stearns Weaver, et al., 200 E. Las Olas Blvd., Suite 2100, Ft. Lauderdale, FL 33301, mpodolnick@stearnsweaver.com; taubin@stearnsweaver.com; aspencer@stearnsweaver.com), James White, Esq, White & Russell, P.A., 11641 Kew Gardens Avenue, Suite 101, Palm Beach Gardens, FL 33410., (white@wrtrial.com; walsh@wrtrial.com; leone@wrtrial.com; parker@wrtrial.com; Y wanser@wrtrial.com; pleadings@wrtrial.com) and Robert Paradela, Esq., Wicker Smith, et al., 515 E. Las Olas Blvd., Suite 1400, Ft. Lauderdale, FL 33301 P th (ftlcrtpleadings@wickersmith.com) this 19 day of January, 2022. C O RUBENSTEIN LAW, P.A. Attorneys for Plaintiff 9130 S. Dadeland Blvd., PH Miami, FL 33156 Tel.: 305/661-6000 Fax: 786/230-2934 Email:bonnie@rubensteinlaw.com efabricant@rubensteinlaw.com eservice@rubensteinlaw.com By: /s/ Bonnie Navin Bonnie Navin, Esquire Fla Bar No. 48775