Filing# 168021901 E-Filed 03/03/2023 04:10:52 PM
`
`JUDICIAL CIRCUIT, IN AND FOR BROWARD
`COUNTY, FLORIDA
`
`CASE NO: CACE14005235
`
`JANET HIGHSMITH, individuallyand on behalf
`of KAYLA KELLY, a minor,
`
`Plaintiffs,
`
`V P
`
`LANTATION GENERAL HOSPITAL LIMITED
`PARTNERSHIP
`PLANTATION
`d/b/a
`HERMAN
`GENERAL
`M.
`HOSPITAL;
`EPSTEIN, M.D.; HERMAN M. EPSTEIN, M.D.,
`P.A.; JEAN B. REYNOLDS, R.N.; NEIL P.
`RAY, M.D.; and SHERIDAN HEALTHCARE,
`INC.
`
`Defendants,
`
`DEFENDANTS, PLANTATION GENERAL HOSPITAL LIMITED PATNERSHIP dlbla
`PLANTATION GENERAL HOSPITAL AND JEAN B. REYNOLDS, R.N.'S MOTION IN
`L/M/NE TO LIMIT THE TESTIMONY OF ANTHONY RODRIGUES, M.D.
`
`Defendants, PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP d/b/a
`
`PLANTATION GENERAL HOSPITAL and JEAN B. REYNOLDS, R.N., by and through
`
`their undersigned counsel, hereby file this Motion in Limine to limit the testimony and
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`opinions of Plaintiffs pediatricneurology expert, Dr. Anthony Rodrigues, and in support
`
`thereof, state the following:
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`1. This is a medical malpractice action arising from the care and treatment provided
`
`to JANET HIGHSMITH and her minor daughter, K.K., at Defendant PLANTATION
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`1
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 03/03/2023 04:10:51 PM.****
`
`

`

`GENERAL HOSPITAL LIMITED PARTNERSHIP d/b/a PLANTATION GENERAL
`
`HOSPITAL ("PGH").
`
`2.
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`Plaintiff has disclosed Anthony Rodrigues, M.D., as the pediatricneurology expert
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`expected to offer opinions that, "the physicians deviated from the prevailing
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`professional standard of care in this case and that such deviation was the cause
`
`of the injuryto [K.K.]."See Plaintiffs Expert Witness Disclosure filed June 4,2021;
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`attached hereto as "Exhibit A."
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`3. During Dr. Rodrigues' September 11, 2020, deposition, excerpts of which are
`
`attached hereto as composite "Exhibit B", he stated that he will not offer opinions
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`regarding the standard of care or whether it was breached by any of the treating
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`healthcare providers:
`
`Q:
`
`A
`
`Q:
`
`A:
`
`Q:
`
`A:
`
`Okay. So I take itthat you do not have any standard of care opinions in this
`case -
`
`No.
`
`--againstany of the physicians or the hospital;correct?
`
`Standard of care for the delivery,no, or the hospital,no.
`
`What about regarding the prenatal care?
`
`The prenatal care, no.
`
`Rodrigues Dep. 28:9-17.
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`4. At this time, it is unclear whether Dr. Rodrigues intends to offer standard of care
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`opinions considering the conflictinginformation; however, in an abundance of
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`caution, Dr. Rodrigues should be prohibitedfrom offeringstandard of care opinions
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`at trial.
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`2
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`

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`5. During his deposition, Dr. Rodrigues also testified that he was unqualifiedto opine
`
`on whether the placental abruption began before the cesarean section:
`
`Q:
`
`A:
`
`As far as before that, if there was a partialplacental abruption before the
`complete placental abruption. You can't offer an opinion because that's
`outside of your expertise.
`
`There may have been, but I'm not going to be able to say for absolute. It's
`just not what I do.
`
`Rodrigues Dep. 81: 8-13.
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`6.
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`Dr. Rodrigues also testified that the injuryto K.K. took place within three minutes,
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`but later amended his answer to encompass the 7 minutes priorto delivery:
`
`Q:
`
`A:
`
`Q:
`
`A.
`
`----
`
`Q:
`
`A
`
`Q:
`
`You had told us, I guess - this is my understanding of what your opinions
`are. You believe that the baby's birth asphyxia occurred at the time of
`delivery when she didn't have a heart rate. Is that an accurate rendition of
`your opinion?
`
`At that time without a heart rate, the injurywas occurring,yes.
`
`The injurywas occurring. Okay. And I don't know if I asked you this,but you
`had said that her heart rate was in the 90's at 9:52; right?
`
`According to one of the documents, yes.
`
`Now, ifwe look at the fetal monitor strips,itappeared from the fetal monitor
`stripsthat the stripsend approximately, give or take, about 9:48, and the
`baby was delivered at 9:55, correct?
`
`Yes.
`
`So that would suggest that - and the monitor stripstell us that her heart rate
`was approximately somewhere between 90 and 100 at the time Mom was
`taken off the strip;correct?
`
`A
`
`Yes.
`
`Rodrigues Dep. 47:11-23; 89:5-14.
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`3
`
`

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`7. Though the difference between Dr. Rodrigues' statements appears miniscule at
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`best, a central issue in this matter concerns the mere minutes just priorto delivery;
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`therefore, exact timing is of utmost importance.
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`8. Because Dr. Rodrigues is not qualified to comment on the standard of care
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`attributable to the healthcare providers directlyinvolved in the Plaintiffs care and
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`treatment, and because Dr. Rodrigues has made conflictingstatements during his
`
`deposition, he should be precluded from offering opinions on both the foregoing
`
`issues.
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`MEMORANDUM OF LAW
`
`Section 90.403, Florida Statutes states that: "Relevant evidence is inadmissible if
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`its probative value is substantiallyoutweighed by the danger of unfair prejudice,confusion
`
`of issues, misleading the jury,or needless presentation of cumulative evidence." A motion
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`in Limine gives the judge notice of a party'sdesire to prevent the introduction of damaging
`
`evidence that may impact the fairness of the trial.See Dailey v. Multicon Dev., Inc.,417
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`So. 2d 1106, 1107 (Fla.4th DCA 1982). It seeks to prohibitany reference to evidence at
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`trial by first having its inadmissibilitydetermined outside the presence of the jury.Rosa v.
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`F/a. Power & Light Co., 636 So. 2d 60, 61 (Fla.2d DCA 1994). To that end, a trial court
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`assumes a gatekeeping role to ensure that a proffered expert's opinions both rests on a
`
`reliable foundation and is relevant to the task at hand. Magical Cruise Co. Ltd V. Martins,
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`330 So. 3d 993, 1003 (Fla.5th DCA 2021). A proper foundation is necessary because,
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`"the court's gatekeeping function requires more than simply 'takingthe expert's word for
`
`it."'Crane Co. v. DeLis/e, 206 So.3d 94 at 101 (Fla.4?h DCA 2016) (quoting United States
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`4
`
`

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`v. Frazier, 387 F.3d 1244,1265 (llth Cir. 2004) (en banc)).When expert testimony is not
`
`based on a reasonable foundation, itis considered unreliable and properly excluded. See
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`Sanchez v. Cinque, 238 So.3d 817 (Fla.4?h DCA 2018).
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`Here, Dr. Rodrigues has testified that he will not be offeringopinions regarding the
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`standard of care attributable to the physicians, nursing staff, or auxiliary healthcare
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`providers involved in the care and treatment of JANET HIGHSMITH and her infant
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`daughter. Contrary to his sworn testimony, Plaintiffs expert witness disclosure clearly
`
`contemplates Dr. Rodrigues offering exactly that: comments on alleged deviations from
`
`the standard of care. To allow Dr. Rodrigues to offer these opinions to a jury would be
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`outside of his scope as an expert and improper.
`
`Dr. Rodrigues also made conflictingstatements during his deposition. On one
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`hand, he testified that K.K.'s injuriesoccurred within three minutes of delivery.Later, he
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`testified that the injuryoccurred within seven minutes of delivery.Timing of the injuryis
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`the focus of this matter, and though mere minutes are discussed, it is mere minutes that
`
`are at issue here. To allow an expert to make conflictingstatements regarding the seminal
`
`issue in this matter would only serve to confuse a jury.For the foregoing reasons, Dr.
`
`Rodrigues should be precluded from offeringopinions that would confuse or mislead a
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`jury,and statements that are outside the scope of his expertise.
`
`WHEREFORE, Defendants, PLANTATION GENERAL HOSPITAL LIMITED
`
`PARTNERSHIP, d/b/a PLANTATION GENERAL HOSPITAL and JEAN B. REYNOLDS,
`
`R.N., hereby respectfullyrequest this Honorable Court enter an order granting the
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`5
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`

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`foregoing Motion and any additional
`
`relief deemed just and proper under the
`
`circumstances.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a copy of the foregoing has been filed and served on all
`
`parties on the attached Mailing List via the Court's EfilingPortal this 3rd day of March,
`
`2023.
`
`LA CAVA JACOBSON & GOODIS, P.A.
`Attorneys for PGH and Reynolds, RN
`4901 NW 17th Way, Suite 606
`Fort Lauderdale, FL 33309
`(754) 301-5060 (O)
`(754) 551-6884 (F)
`ftl2pleadinqs@LJGIeqal.com
`MStrauss@LJGIegal.com
`MMarrero@LJGIeqal.com
`
`BY:
`
`/s/Marci L. Strauss
`MARCI L. STRAUSS, ESQ.
`FBN: 857025
`LOUIS J. LA CAVA, ESQ.
`FBN: 0507880
`
`SERVICE LIST
`
`Maria D. Tejedor, Esq.
`Diez-Arguelles & Tejedor, PA
`505 North Mills Avenue
`Orlando, FL 32803
`Phone: (407)705-2880
`Emails: mail@theorlandolawyers.com; leah@theorlandolawyers.com
`Attorneys for Plaintiffs
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`6
`
`

`

`Julia M. Ingle,Esq.
`Lubell Rosen, LLC
`200 S. Andrews Avenue, Suite 900
`Fort Lauderdale, FL 33301
`Phone: (954) 755-3425
`Emails: imi@lubellrosen.corn; claudia@lubellrosen.com
`Attorneys for Defendants, Epstein, MD and MD PA
`
`Jay P. Chimpoulis, Esq.
`Chimpoulis & Hunter, P.A.
`150 S. Pine Island Road, Suite 510
`Plantation, FL 33324
`Phone: (954)463-0033
`Emails: ichimpoulis@chimpoulishunter.com; evelazquez@chimpoulishunter.com
`Attorneys for Ray, MD and Sheridan Healthcare Inc.
`
`Louis J. La Cava, Esq. - FBN 0507880
`Marci L. Strauss, Esq. - FBN 857025
`La Cava Jacobson & Goodis, P.A.
`4901 NW 17 Way, Suite 606
`Fort Lauderdale, FL 33309
`Phone: (754) 301-5060
`Fax: (754) 551-6884
`Emails: ftl2pleadinqs@LJGIeqal.corn; MStrauss@LJGIegal.corn;
`MMarrero@LJGIegal.com;
`Attorneys for PGH and Reynolds, RN
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17?h Way, Suite 606, Fort Lauderdale, Florida, 33309
`Telephone (754) 301-5060; Facsimile (754) 551-6884
`7
`
`

`

`Filing# 149695743 E-Filed 05/16/2022 10:10:21 PM
`IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`JANET HIGHSMITH, individually,and
`onbehalfofKAYLA KELLY, aminor,
`
`CASE NO.. CACE-14-005235 (12)
`
`Plaintiff,
`
`VS.
`
`PLANTATION GENERAL HOSPITAL
`LIMITED PARTNERSHIP d/Wa PLANTATION
`GENERAL HOSPITAL; HERMAN M.
`EPSTEIN, MD; HERMAN M. EPSTEIN, MD, PA;
`JEAN B. REYNOLDS, RN; DOREL
`ABRAMOVICI, MD; SINAI PERINATAL, LLC;
`FLORIDA ATLANTIC ANESTHESIA, INC.;
`NEIL P. RAY, MD; LOUIS TRUJILLO, CSA;
`ROBERT J. BASS, MD and PLANTATION
`GYNECOLOGIC ASSOCIATES, LLC,
`
`Defendants.
`
`i
`
`PLAINTIFF'S EXPERT WITNESS DISCLOSURE
`
`COMES NOW Plaintiff,JANET HIGHSMITH, individuallyand on behalf of
`
`STEPHANIE KAYLA KELLY, a minor, by and through their undersigned,and hereby gives
`
`Notice ofthe followingExpert Witnesses pursuant to this Court's Order:
`
`1. Craig H. Lichtblau, M.D.
`550 Northlake Blvd
`North Palm Beach, Florida 33408
`Specialty:PhysicalMedicine, Rehabilitation,and LifeCare Planning
`
`Dr. Craig Lichtblau is amie*ated to testifyregardingthe rehabilitation potentialof Kayla
`Kelly, as well as to issues surrounding a life care plan reflectingwhat future medical, nursing,
`rehabilitative,and other services,equipment, and accommodations will be necessary for the
`remainder of Kayla's life as a result of her disability,as well as the cost of the same and life
`expectancy. Dr. Lichtblau will testifyconsistent with his report and his depositiontestimony.
`
`Dr. Craig H. Lichtblau's CV has been previouslyprovided.
`
`2. Djenane Adams, RN
`98 West Yaphank Road
`
`EXHIBIT
`A
`
`

`

`Coram, NY 11727
`Specialty:Nursing
`
`Nurse Adams will provide opinions regarding the standard of care, the negligence of the
`nurses in this case, as well as causation. She will explainthe significanceof these findingsand
`what they mean to the jury. Nurse Adams has reviewed the medical records provided by the
`defendants and depositionstaken in this case. She will testifyregardinghow the hospitalnurses
`and staff deviated from the prevailingprofessionalstandard or care. She will also testifyas to
`how such deviations resulted in the injuriesto Kayla Kelly. Nurse Adams is expected to testify
`based on her education, knowledge, trainingand experience as a deliverynurse and will be
`called to rebut any defenses presentedby the defendants. Nurse Adams will testifyconsistent
`with her depositiontestimony,includingany list of opinionswhich may have been attached to
`her deposition.
`
`Nurse Adams' CV has been previouslyprovided.
`
`3. Anthony Rodrigues, MD, PhD
`800 Washington St,
`Boston, MA 02111
`Specialty:Pediatric Neurology
`
`Dr. Rodrigues will testifythat the defendants includingthe physiciansdeviated from the
`prevailingpro fessional standard o f care in this case and that such deviation was the cause o f the
`injuryto Kayla Kelly.He will opine regardingthe injury,duration,and impact on Kayla as well
`as future prognosis,care, needs, and life expectancy. He will also be called to defenses in the
`case. Dr. Rodrigues has reviewed all o f the records in this case as well as the films provided by
`the defendants and additional health care providers. Dr. Rodrigues will testifyregarding
`deviations from the standard of care ofthe defendants as well as opinionspertainingto causation.
`Dr. Rodrigues will testifyconsistent with his depositiontestimony,includingany list o f opinions
`which may have been attached to his deposition.
`Dr. Rodrigues'CV has been previouslyprovided.
`
`4. Kristi Kirby
`3903 Northdale Blvd., Ste. 112W
`Tampa, FL 33624
`Specialty:Economist
`
`Ms. Kirby is amie*ated to testifyabout the economic costs and losses in the past and
`future experiencedby the Plaintiffs as a result ofKayla Kelly'sinjuriesand the negligenceofthe
`Defendants. Ms. Kirby will also opine as to the future wage losses of Kayla and her loss of
`abilityto earn income. Ms. Kirby'scalculations will be based upon the continuation of care plan
`by Dr. Lichtblau, reflectingwhat future medical, nursing,rehabilitative,and other services,
`equipment,and accommodations will be necessary for the remainder of Plaintiff's life as a result
`ofher infirmityand disability.Ms. Kirby will testifyconsistent with her depositiontestimony.
`
`Ms. Kirby's CV has been previouslyprovided.
`
`5. Martin Gubernick, M.D.
`
`

`

`131 East 65th Street
`New York, NY
`Specialty:Obstetrics and gynecology
`
`Dr. Martin Gubernick has reviewed medical records provided by the defendants in this case.
`He will testifyregarding how the hospitals,its staff,doctors and nurses deviated from the
`prevailingprofessionalstandard of care. Dr. Gubernick will also testifyas to how such
`deviations resulted in the injuriesto Kayla Kelly. Dr. Gubernick is expected to testifybased on
`his education,knowledge, trainingand experienceas an OB/GYN, and will be called to rebut
`any defenses presentedby Defendants. Dr. Gubernick will testifyconsistent with his deposition
`testimony,includingany list o f opinionswhich may have been attached to his deposition.
`
`Dr. Gubernick's CV has been previouslyprovided.
`
`6.
`
`Dr. Eric Harris, M.D.
`2450 Provence Cir.
`Weston, FL 33327-1300
`Specialty:Anesthesiologist
`
`Dr. Harris is expected to testifyto issues o f standard o f care and causation. Dr. Harris has
`reviewed the medical records,depositionstranscripts,and other pertinentdocuments in this case.
`Dr. Harris is expected to testifybased on his education,knowledge, trainingand experienceas an
`anesthesiologistand will be called to rebut any defenses presentedby the defendants. Dr. Harris
`will testifyconsistent with his depositiontestimony,includingany list of opinionswhich may
`have been attached to his deposition.
`
`Dr. Harris' CV has been previouslyprovided.
`7. Sean Mahan, MD
`5840 Red Bug Lake Road
`Suite 185
`Winter Springs,FL 32708
`Specialty:DiagnosticRadiology
`
`Dr. Mahan will testifyregardingthe timing and cause of Kayla Kelly'sbrain injuryand
`the findingson the brain studies. Dr. Mahan will testifyregarding the nature and extent of the
`injuries,and how they relate to the child's current physicalcondition. Dr. Mahan has reviewed
`the medical records, depositionstranscripts,and other pertinentdocuments in this case. Dr.
`Mahan is also a treatingradiologistwho read Kayla Kelly's radiologyfilms. Dr. Mahan will
`testifybased on his education, knowledge, trainingand experienceas a radiologistand will be
`called to rebut any defenses presentedby the defendants. Dr. Mahan will testifyconsistent with
`his depositiontestimony, including any list of opinions which may have been attached to his
`deposition.
`
`Dr. Mahan' s CV has been previouslyprovided.
`
`8. Fredrick Gonzalez
`150 East 32nd Street,#2
`New York, New York 10016
`
`

`

`Specialty:Maternal-Fetal Medicine
`
`Dr. Gonzalez is expected to testifyto issues of standard of care and causation. Dr.
`Gonzalez will testifyhow the perinatalphysicians,nurses, residents,staff,and other healthcare
`providersdeviated from the standard o f care and that such deviations caused Kayla Kelly's
`injuries.Dr. Gonzalez has reviewed the medical records, depositionstranscripts,and other
`Dr. Gonzalez is expected to testifybased on his education,
`pertinentdocuments in this case.
`knowledge, trainingand experience as a neonatologistand will be called to rebut any defenses
`presentedby the defendants. Dr. Gonzalez will testifyconsistent with his depositiontestimony,
`includingany list o f opinionswhich may have been attached to his deposition.
`
`Dr. Gonzalez's CV has been previouslyprovided.
`
`9. Predrag Bulic, MD
`4501 Avenue A
`St. Augustine,FL 32095
`Specialty:Pathology
`
`Dr. Bulic will testifyregardingfindingson the placentalpathology slides,causation,and
`the timing of the injuries.Dr. Bulic has reviewed all of the medical records in this case, the
`pathologyslides,numerous depositions,and will testifybased upon his review of the same, as
`well as his education, knowledge, trainingand experienceas a forensic pathologist.He will also
`be called to rebut any defenses presentedby the defendants. Dr. Bulic will testifyconsistent with
`his depositiontestimony,includingany list of opinions which may have been attached to his
`deposition.
`
`Dr. Bulic's CV has been previouslyprovided.
`
`10. Scot Silverstein,MD
`3141 Chestnut St
`Bldg Rush
`Philadelphia,PA 19104n, MD
`Specialty:Healthcare IT/Audit Trail/EMR
`
`Dr. Silverstein will provide a forensic analysisof the electronic medical records in this
`trail analysis, event and timeline
`case regarding EMR--related medical
`audit
`errors,
`reconstruction,medical record alteration,and evidentiaryissues. Dr. Silverstein will testifyas to
`all medical records systems available well as standards of care required of hospital for
`preservation,management, storage and production of medical records. Dr. Silverstein has
`reviewed the medical records, audit trail discovery,and depositionsin this case, and will testify
`based upon his review as well as his education,knowledge, trainingand experience.He will also
`be called to rebut any defenses presented by the defendants.
`Dr. Silverstein will testify
`consistent with his depositiontestimony, including any list of opinions which may have been
`attached to his deposition.
`
`Dr. Silverstein' s CV has been previouslyprovided.
`
`

`

`11. Jon Burroughs, MD, MBA, FACHE, FAAPL
`President and CEO, The Burroughs Healthcare ConsultingNetwork, Inc.
`48 Forest Ledge Rd
`P.O Box 540
`Glen, NH 03838
`Specialty:HospitalExpert and National Healthcare Administrative and Healthcare
`OrganizationCompliance Expert
`
`Dr. Burroughs will testifyconsistent with his depositiontestimony,includingany list of
`opinionswhich may have been attached to his deposition.Dr. Burroughs will testifyregarding
`the legal/regulatoryrequirements and compliance standards, which apply to healthcare
`organizations.It is amie*ated that Dr. Burroughs will testifythat Plantation General Hospitalas
`an entity deviated from standards of care in failingto train and supervise staff and have
`necessary and safe systems in place to ensure care was provided to Plaintiff in a timely
`fashion. Dr. Burroughs will also testifyPGH was negligentin failingto have appropriatepolicies
`and proceduresin place,failingto have a physicianstaffed emergency OBGYN department,and
`by directingEMS in this case to an allegedOBGYN department.Dr. Burroughs will have more
`opinions to the extent they will need to be explored at deposition.Dr. Burroughs has reviewed
`the Complaint, medical records, contracts, policiesand procedures, hospitalinformation, and
`depositiontranscr*ts.Dr. Burroughs will testifybased upon his review ofthe same as well as his
`education,training,and experience.He will also be called to rebut any defenses presentedby the
`defendants.
`
`Dr. Burroughs' CV has previouslybeen provided.
`
`12. Any and all treatingphysiciansof Kayla Kelly,includingbut not limited to:
`Ronald Davis, MD
`7485 Sand Lake Commons Blvd,
`Orlando, FL 32819
`Specialty:Pediatric Neurology
`
`Dr. Davis is not a retained expert rather Kayla Kelly'streatingpediatricneurologist.He
`will opine regardinghis evaluation and treatment of Kayla Kelly,to include the cause of here
`injuries,her diagnosis,her future medical care, as well as her injuriesand condition based on her
`care treatment and review ofthe medical records and tests performed.
`
`13. Any and all experts retained and or disclosed by Defendants.
`
`AS TO ALL EXPERTS
`
`The substance of the facts and opinionsabout which the experts are expectedto testifywill
`be based on their examination of the medical records,nurse's notes, and other documents, the
`applicationof those physical findingsand facts to their experience,trainingand the applicable
`medical practiceguidelines.
`
`

`

`The summary of the grounds upon which the experts'opinionswill be based upon is their
`trainingand experience,the review ofthe Plaintiff's medical records, and any additional relevant
`documentation, and their consideration ofthe appropriatemedical guidelines.
`
`The above are the experts retained by the Plaintiffin the case. The Plaintiffretains the
`rightto ca!! as experts any such treaters.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the forgoing was furnished via
`electronic mail to all counsel on the service list below, this 16th
`day ofMay, 2022.
`
`/s/ Maria D. Tejedor
`Maria D. Tejedor
`FBN: 95834
`Diez-Arguelles& Tejedor,PA
`505 N. Mills Ave.
`Orlando, FL 32803
`407-705-2880
`
`mail@theorlandolawyers.com
`
`SERVICE LIST
`
`Jay Chimpoulis, Esquire
`Chimpoulis,Hunter, & Lynn, P.A.
`150 S Pine Island Road, Suite 510
`Plantation,FL 33324
`JChimpoulis@CHL-Law.com
`Counsel for Neil P. Ray, M.D.
`
`Julia M. Ingle,Esquire
`Lubell & Rosen, LLC
`200 South Andrews Avenue, Suite 900
`Fort Lauderdale, FL 33301
`jmi@lubellrosen.com;Rachel@lubellrosen.com
`Counsel for Dr. Epstein& his P.A. and
`Herman M. Epstein,MD, PA
`
`Amy B. Talisman, Esquire
`Amy B. Talisman, P.A.
`601 W. TropicalWay
`Plantation,FL 33317
`
`

`

`amybtalisman@gmail.com; abt@covelaw.com
`Counsel for Plantation Gynologic Associates
`
`Marci Strauss,Esquire
`La Cava & Jacobson, PA
`4901 NW 17th Way, Suite 302
`Fort Lauderdale, Florida 33309
`mstrauss@lacavajacobson.com; ehernandez@lacavajacobson.com
`Counsel for Plantation General Hospital,Jean B. Reynolds, R.N., and Louis Trujilo,CSA
`
`

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`Q.
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`Page 28
`Do you know if Kayla is under the care of a
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`neurologist currently?
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`A.
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`One of the records, I think from 2018 or
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`'17, said that she had a neurologist, and I think the
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`CME discussed that there's a neurologist involved.
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`Q.
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`A.
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`Right.
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`I don't .-
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`I don't think I
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`- I don't
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`remember seeing that.
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`So I take it that you do not have any
`Okay.
`Q.
`standard of care opinions in this case --
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`A.
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`Q.
`
`No.
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`-- against any of the physicians or the
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`hospital; correct?
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`A.
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`Standard of care for the delivery, no, or
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`the hospital, no.
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`Q.
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`A.
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`Q.
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`What about regarding the prenatal care?
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`The prenatal care, no.
`
`Okay.
`
`All right.
`
`Why don't you give me an
`
`overview of your opinions, and then we can go from
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`there.
`
`A.
`
`So based on reviewing the notes, you know, I
`
`think that Kayla Kelly experienced a significant birth
`asphyxia based on -- you know, there's a complete
`placental abruption based on the Apgars, based on
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`the
`
`hold on.
`
`Someone just walked in.
`
`Shut the
`
`EXHIBIT
`
`B
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`

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`I'm going by the notes.
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`Page 81
`The notes say it was a full
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`abruption when they opened and started the C-section.
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`That's what I'm going on.
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`Q.
`
`And I get that.
`Right.
`But my question -- and I just need an answer
`to it without telling me what a jury might want to
`
`hear or not hear.
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`As far as before that, if there was a
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`partial placental abruption before the complete
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`placental abruption, you can't offer an opinion
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`because that's outside of your expertise.
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`A.
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`There may have been, but I'm not going to be
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`It's just not what I do.
`able to say for absolute.
`And you know -- or do you know
`
`Okay.
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`Q.
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`whether a partial placental abruption can cause a
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`decrease in the base excess over time?
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`A.
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`Q.
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`A.
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`If it's significant enough, yes.
`
`Okay.
`
`Again, it's all about how much blood flow
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`the baby is getting.
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`Q.
`
`Understood.
`
`And in this case, a base
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`deficit of 32 is significant, isn't it?
`
`A.
`
`Q.
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`acidosis.
`
`Absolutely.
`
`All right.
`
`That suggests metabolic
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`MS. STRAUSS:
`
`Sure.
`
`That's fine.
`
`Page 47
`
`MS. TEJEDOR:
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`Do you want to take about five
`
`minutes, Doctor?
`
`THE WITNESS:
`
`Yeah.
`
`That's fine.
`
`MS. STRAUSS:
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`It's 10:20?
`
`So 10:25ish.
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`MS. TEJEDOR:
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`Sounds good.
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`(Recess from 10:19 a.m. until 10:29 a.m.)
`
`BY MS. STRAUSS:
`
`Q.
`
`I wanted to ask you to go back about
`
`something that I covered before about the heart rate.
`You had told us, I guess -- this is my
`understanding of what your opinions are.
`You believe
`
`that the baby's birth asphyxia occurred at the time of
`
`delivery when she didn't have a heart rate.
`
`Is that an accurate rendition of your
`
`opinion?
`
`A.
`
`At that time without a heart rate, the
`
`injury was occurring, yes.
`
`Q.
`
`The injury was occurring.
`And I don't know if I asked you this, but
`
`Okay.
`
`you had said that her heart rate was in the 90s at
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`9:52; right?
`
`A.
`
`Q.
`
`According to one of the documents, yes.
`
`Okay.
`
`Do you know for how long the heart
`
`rate was in the 90s?
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`to zero; correct?
`
`A.
`
`Yes.
`
`MS. STRAUSS:
`
`Form.
`
`BY MS. TEJEDOR:
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`Page 89
`
`Q.
`
`Now, if we look at the fetal monitor strips,
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`it appeared from the fetal monitor strips that the
`
`strips end approximately, give or take, about 9:48,
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`and the baby was delivered at 9:55; correct?
`
`A.
`
`Yes.
`So that would suggest that -- and the
`monitor strips tell us that her heart rate was
`
`Q.
`
`approximately somewhere between 90 and 100 at the time
`Mom was taken off the strip; correct?
`
`A.
`
`Q.
`
`Yes.
`
`Yes.
`
`Okay.
`
`And we know the baby was born with a
`
`zero heart rate; correct?
`
`A.
`
`Q.
`
`Yes.
`
`So it's fair to say that during those seven
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`minutes, this child went from 90 to zero and suffered
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`a terminal bradycardia; correct?
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`MS. STRAUSS:
`
`Form.
`
`A.
`
`Yes.
`
`BY MS. TEJEDOR:
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`Q.
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`And that would be totally consistent with
`
`what the op note tells us about a hundred percent
`
`