Filing # 129183325 E-Filed 06/21/2021 04:27:00 PM
`
`IN THE CIRCUIT COURT OF THE 17TH
`JUDICIAL CIRCUIT, IN AND FOR BROWARD
`COUNTY, FLORIDA
`
`CASE NO: CACE14005235
`
`JANET HIGHSMITH, individuallyand on behalf
`of KAYLA KELLY, a minor,
`
`Plaintiff,
`
`V P
`
`LANTATION GENERAL HOSPITAL LIMITED
`PARTNERSHIP
`PLANTATION
`d/b/a
`GENERAL
`HERMAN
`M.
`HOSPITAL;
`EPSTEIN, M.D.; HERMAN M. EPSTEIN, M.D.,
`P.A.; JEAN B. REYNOLDS, R.N.; DOREL
`ABRAMOVICI, M.D.; SINAI PERINATAL, LLC,
`FLORIDA ATLANTIC ANESTHESIA, INC.;
`NEIL P. RAY, M.D.; LOUIS TRUJILLO, CSA;
`ROBERT J. BASS, M.D.; and FEMCARE
`ASSOCIATES, LLC,
`
`Defendants,
`
`DEFENDANTS, PLANTATION GENERAL HOSPITAL LIMITED PARTNERSHIP
`D/B/A PLANTATION GENERAL HOSPITAL AND JEAN B. REYNOLDS, R.N.'S
`RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION TO STRIKE
`EXPERT WITNESSES
`
`COME NOW, Defendants, PLANTATION GENERAL HOSPITAL LIMITED
`
`PARTNERSHIP D/B/A PLANTATION GENERAL HOSPITAL ("PGH") and JEAN B.
`
`REYNOLDS, R.N., by and through the undersigned counsel, hereby files their Response
`
`in Opposition to Plaintiffs' Motion to Strike Expert Witnesses dated March 30,2021, as to
`
`defense experts Avrum Pollock, MD and Barbara Stabile, RN and further states as
`
`followsr
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17h Way, Suite 606, Fort Lauderdale, Florida,33309
`Telephone(754) 301-5060; Facsimile(754) 551-6884
`1
`
`*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 06/21/2021 04:26:59 PM.****
`
`

`

`CASE NO: CACE14005235
`This is an action for alleged medical malpractice that has been pending for
`
`1.
`
`many years with a total of twenty-five (25) experts including Plaintiffs and Defendants.
`
`2.
`
`The Defendants previously provided dates and Plaintiff noticed the
`
`deposition of Defendants Pediatric Neuroradiology expert, Avrum Pollock, MD, on
`
`September 10, 2020, and February 8, 2021, see attached Notices of Depositions in
`
`Composite "Exhibit A. "
`
`3.
`
`On January4, 2021, Plaintifffiled a Notice of Substitutionof Expert Witness
`
`substituting Sean Mahan, MD for Andrew Akerman, MD, Plaintiffs
`
`Pediatric
`
`Neuroradiology expert, same specialty as Defense Expert, Dr. Pollock. See attached
`
`"Exhibit B."
`
`Defendants would be prejudiced by allowing their defense experts
`
`testimony to occur prior to Plaintiffs expert. As such, Dr. Pollock's deposition was to be
`
`rescheduled to take place after Dr. Mahan's deposition which has now been scheduled
`
`for July 23, 2021. Defendants are working with Dr. Pollock to obtain additional dates.
`
`4.
`
`The Defendants previously provided dates and Plaintiff noticed the
`
`deposition of Defendants Nurse expert, Barbara Stabile, RN on April 6, 2020, and
`
`February 22,2021. See attached Notices of Depositions in Composite "Exhibit C. "
`
`5.
`
`Subsequently, on February 18, 2021, the deposition of Nurse Stabile was
`
`canceled at the request of Plaintiff due to a conflict. See attached "Exhibit D."
`
`6.
`
`The Defendants are working diligently on obtaining new dates for these
`
`experts' depositions and same will be provided immediately upon receipt.
`
`7.
`
`Furthermore, this case is not currently set for trial and the Plaintiffs are not
`
`prejudiced by the rescheduling of these depositions.
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17h Way, Suite 606, Fort Lauderdale, Florida,33309
`Telephone(754) 301-5060; Facsimile(754) 551-6884
`2
`
`

`

`CASE NO: CACE14005235
`
`WHEREFORE, Defendants, PLANTATION GENERAL HOSPITAL LIMITED
`
`PARTNERSHIP D/B/A PLANTATION GENERAL HOSPITAL ("PGH") and JEAN B.
`
`REYNOLDS, R.N., respectfully requests this Honorable Court enter an order DENYING
`
`Plaintiffs' Motion to Strike Expert Witnesses dated March 30,2021, as to defense experts
`
`Avrum Pollock, MD and Barbara Stabile, RN.
`
`CERTIFICATE OF SERVICE
`I HEREBY CERTIFY that a copy of the foregoing has been filed via the Florida
`Court's E-filing Portal this 21st day of June, 2021 and is thereby being furnished
`electronicallyto all parties on the attached service list.
`
`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)
`
`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:
`Attorneys for Plaintiffs
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17h Way, Suite 606, Fort Lauderdale, Florida,33309
`Telephone(754) 301-5060; Facsimile(754) 551-6884
`3
`
`

`

`CASE NO: CACE14005235
`
`Julia M. Ingle, Esq.
`Lubell & Rosen
`200 S. Andrews Avenue, Suite 900
`Fort Lauderdale, FL 33301
`Phone: (954)755-3425
`Emails:
`Attorneys for Defendants, Epstein, MD and MDPA
`
`Jay P. Chimpoulis, Esq.
`Chimpoulis Hunter
`150 S. Pine Island Road, Suite 510
`Plantation, FL 33324
`Phone: (954)463-0033
`Emails:
`Attorneys for Ray, MD and Sheridan
`
`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:
`
`Attorneys for PGH and Reynolds, RN
`
`La Cava, Jacobson & Goodis, P.A., 4901 NW 17h Way, Suite 606, Fort Lauderdale, Florida,33309
`Telephone(754) 301-5060; Facsimile(754) 551-6884
`4
`
`

`

`Filing # 106741011 E-Filed 04/27/2020 02:46:57 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`Case No.: CACE 2014 005235
`
`ARMANDO R. PAYAS as
`
`Guardian Ad Litem for KAYLA KELLY,
`a minor; JANET HIGHSMITH,individually
`and on behalf of KAYLA KELLY, a minor,
`
`Plaintiff.
`
`V
`
`PLANTATION GENERAL HOSPITAL
`
`LIMITED PARTNERSHIP d/b/a
`
`PLANTATION GENERAL HOSPITAL,
`HERMAN M. EPSTEIN, M.D.,
`HERMAN M. EPSTEIN, M.D., P.A.,
`JEAN B. REYNOLDS, R.N.,
`NEIL P. RAY, M.D., LOUIS TRUJILLO, CSA
`
`Defendants.
`
`I
`
`NOTICE OF TAKING VIDEO DEPOSITIONDUCES TECUM
`
`PLEASE TAKE NOTICE that on September 10, 2020 at 1:00 p.m. EST a Court
`
`Reproter's Office, TBA, in Wynnewood, PA, the Plaintiffs, by and through the undersigned
`
`attorney, will take the depositionof: Avrum Pollock, MD
`
`Upon oral examination pursuant to Florida Rules of Civil Procedure before an official
`
`reporter, Milestone Court Reporting, Notary public, or some officer authorized by law to take
`
`depositions. Said deposition is to be taken for discovery purposes, for use as evidence at trial or
`
`both. *Deponent must have with him on the above date and time all requested documents on the
`
`attached "Schedule A."
`
`Composite
`Exhibit A
`
`

`

`In accordance with the Americans with DisabilitiesAct, persons with disabilitiesneeding
`a special accommodation to participate in the proceeding should contact, Carlos Diez-Arguelles,
`Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-2880,
`not later than seven (7) days prior to the proceeding. If hearing impaired, (TTD) 1-800-955-
`8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
`
`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 27th day of April, 2020.
`
`/s/ Maria D. Tejedor
`Maria D. Tejedor
`FBN: 95834
`Diez-Arguelles & Tejedor, PA
`505 N. Mills Ave.
`Orlando, FL 32803
`407-705-2880
`
`SERVICE LIST
`
`Jay Chimpoulis, Esquire
`Chimpoulis, Hunter, & Lynn, P.A.
`150 S Pine Island Road, Suite 510
`Plantation, FL 33324
`
`Counsel for Neil P. Ray, M.D.
`
`Julia M. Ingle, Esquire
`Lubell & Rosen, LLC
`200 South Andrews Avenue, Suite 900
`Fort Lauderdale,FL 33301
`
`Counsel for Dr. Epstein & his P.A. and
`Herman M. Epstein, MD, PA
`
`Amy B. Talisman, Esquire
`Amy B. Talisman, P.A.
`601 W. Tropical Way
`
`

`

`Plantation, FL 33317
`
`abt@covelaw.com
`Counsel for PlantationGynologic Associates
`
`Marci Strauss, Esquire
`La Cava & Jacobson, PA
`4901 NW 17th Way, Suite 302
`Fort Lauderdale,Florida 33309
`
`Counsel for PlantationGeneral Hospital,Jean B. Reynolds, R.N., and Louis Trujilo, CSA
`
`

`

`SCHEDULE A
`
`Your CurriculumVitae along with those of anyone else at your company who has worked
`1.
`on this case.
`
`2.
`
`Your entire file regarding this matter.
`
`All correspondence, facsimiles, emails, note, messages, transmittals by and between
`3.
`counsel for Defendant and you or your company.
`
`Any and all engagement letter, contract, retainer agreements or other written instructions
`4.
`received or agreed to by you in connection with this case.
`
`5.
`
`6.
`
`matter.
`
`All writing setting forth your opinion or observation in this case.
`
`Each and every document created by you or your company in connection with this
`
`The raw data, results, videotapes, photographs or any other documentationrelated to any
`7.
`testing that you or your company have conducted in connection with this matter.
`
`All articles, books, papers, manuals, studies or similar documents both formal and
`8.
`informal, written by you or to which you contributed.
`
`9.
`
`Any opinions which were revised or modified.
`
`All written reports or material, records, depositions, answers to interrogatories or other
`10.
`documentationrelied upon you in formulating your opinions in this case.
`
`All documents or material, records, reports, depositions, answer to interrogatories or
`11.
`other documentation reviewed by you but not relied on in formulating your opinion or in the
`process of review for the formation of your opinion.
`
`All documents or material, records, reports, depositions, answer to interrogatories or
`12.
`other documentationreviewedby you but not relied on in formulating your opinion in this case.
`
`All photographs,diagrams, surveys, plates or other like materials, or any and all tangible
`13.
`matters or items relied upon reviewed by you or anyone at your company in the formation of
`your opinion or in the process of review for the formation of your opinion.
`
`14.
`
`Any and all written or recorded statements taken from Plaintiff.
`
`Each and every article, treatise, book, study, chapter, page, paper, study, law regulation,
`15.
`guideline, suggestion, recommendation, ordinance, table, statistic, statute, rule, chart, graph,
`summary, census, other document, tangible evidence including electronically stored evidence in
`
`

`

`tangible form, or other similar source of information considered or reviewed by you or upon
`which you relied in evaluating, investigating, or formulating your opinion in connection with this
`matter.
`
`16.
`
`Any other informationreviewed by your in connection with this case.
`
`17.
`
`Your fee schedule.
`
`If you intended to opine regarding the reasonableness of medical expenses, a copy of
`18.
`your fee schedule for all similar procedures to which you intend to opine.
`
`Any and all invoices, ledgers, bills and other documentationof the time and costs you or
`19.
`your company has expended in connection with this case, including any payments received.
`
`20.
`
`All documents or tangible items of whatsoever nature pertaining to the following:
`
`C
`
`a.
`
`The scope of your employment in this case and the compensationfor such service.
`Your general litigation experience, including the percentage of work performed for
`b.
`plaintiffs and defendants
`The identity of other insurance claims or legal actions in which each of you have
`rendered opinions or evaluations during the last three years. (You are not requested to identify
`instanceswhere treatment was provided to a patient.)
`d.
`The identity of other cases in which you have testified by deposition or a trial during the
`last three years.
`An approximation of the portion of your involvement as an expert witness, which may be
`e.
`based on the number of hours, percentage of hours or percentage of earned income derived from
`serving as an expert witness.
`
`21.
`
`The documentsrequested in 11 above for your entire company
`
`Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
`22.
`1099's, tax records or any other form of financial information evidencing payment or
`compensation paid by Plaintiff, and Plaintiff's counsel for services provided by you for the last
`three (3) years.
`
`Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
`23.
`1099's, tax records or any other form of financial information evidencing payment or
`compensation paid by Plaintiff, and Plaintiff's counsel entire firm for services provided by your
`company for the last three (3) years.
`
`Any and all depositions and trial transcripts taken in any other action where you have
`24.
`testified as a treating or retained expert witness.
`
`Each and every Witness List, Notice of Deposition or Other Pleading wherein you were
`25.
`named or retained during the past three years by Plaintiff.
`
`

`

`26.
`
`A copy of your most recent letterhead
`
`Any advertising done by you within the last three calendar years, including but not
`27.
`limited to internet websites and emails.
`
`

`

`Filing # 112887937 E-Filed 09/03/2020 08:23:43 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`Case No.: CACE 2014 005235
`
`ARMANDO R. PAYAS as
`
`Guardian Ad Litem for KAYLA KELLY,
`a minor; JANET HIGHSMITH,individually
`and on behalf of KAYLA KELLY, a minor,
`
`Plaintiff.
`
`V
`
`PLANTATION GENERAL HOSPITAL
`
`LIMITED PARTNERSHIP d/b/a
`
`PLANTATION GENERAL HOSPITAL,
`HERMAN M. EPSTEIN, M.D.,
`HERMAN M. EPSTEIN, M.D., P.A.,
`JEAN B. REYNOLDS, R.N.,
`NEIL P. RAY, M.D., LOUIS TRUJILLO, CSA
`
`Defendants.
`
`I
`
`AMENDED NOTICE OF TAKING VIDEO DEPOSITIONDUCES TECUM
`
`PLEASE TAKE NOTICE that on February 8, 2021 at 10:00 a.m. EST at Media Court
`
`Reporting 216 W. Front Street Media, Pennsylvania, the Plaintiffs, by and through
`
`the undersigned attorney, will take the deposition of. Avrum Pollock, MD.
`
`Upon oral examination pursuant to Florida Rules of Civil Procedure before an official
`
`reporter, Milestone Court Reporting, Notary public, or some officer authorized by law to take
`
`depositions. Said deposition is to be taken for discoverypurposes, for use as evidence at trial or
`
`both. *Deponent must have with him on the above date and time all requested documents on the
`
`attached "Schedule A."
`
`

`

`In accordance with the Americans with DisabilitiesAct, persons with disabilities needing
`a special accommodation to partic*ate in the proceeding should contact, Carlos Diez-Arguelles,
`Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-2880,
`not later than seven (7) days prior to the proceeding. If hearing impaired, (TTD) 1-800-955-
`8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
`
`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 3rd day of September, 2020.
`
`/s/ Maria D. Tejedor
`Maria D. Tejedor
`FBN: 95834
`Diez-Arguelles & Tejedor, PA
`505 N. Mills Ave.
`Orlando, FL 32803
`407-705-2880
`
`SERVICE LIST
`
`Jay Chimpoulis, Esquire
`Chimpoulis, Hunter, & Lynn, P.A.
`150 S Pine Island Road, Suite 510
`Plantation, FL 33324
`
`Counsel for Neil P. Ray, M.D.
`
`Julia M. Ingle, Esquire
`Lubell & Rosen, LLC
`200 South Andrews Avenue, Suite 900
`Fort Lauderdale,FL 33301
`
`Counsel for Dr. Epstein & his P.A. and
`Herman M. Epstein, MD, PA
`
`Amy B. Talisman, Esquire
`Amy B. Talisman, P.A.
`601 W. Tropical Way
`
`

`

`Plantation, FL 33317
`
`abt@covelaw.com
`Counsel for PlantationGynologic Associates
`
`Marci Strauss, Esquire
`La Cava & Jacobson, PA
`4901 NW 17th Way, Suite 302
`Fort Lauderdale,Florida 33309
`
`Counsel for PlantationGeneral Hospital,Jean B. Reynolds, R.N., and Louis Trujilo, CSA
`
`

`

`SCHEDULE A
`
`Your CurriculumVitae along with those of anyone else at your company who has worked
`1.
`on this case.
`
`2.
`
`Your entire file regarding this matter.
`
`All correspondence, facsimiles, emails, note, messages, transmittals by and between
`3.
`counsel for Defendant and you or your company.
`
`Any and all engagement letter, contract, retainer agreements or other written instructions
`4.
`received or agreed to by you in connection with this case.
`
`5.
`
`6.
`
`matter.
`
`All writing setting forth your opinion or observation in this case.
`
`Each and every document created by you or your company in connection with this
`
`The raw data, results, videotapes, photographs or any other documentationrelated to any
`7.
`testing that you or your company have conducted in connection with this matter.
`
`All articles, books, papers, manuals, studies or similar documents both formal and
`8.
`informal, written by you or to which you contributed.
`
`9.
`
`Any opinions which were revised or modified.
`
`All written reports or material, records, depositions, answers to interrogatories or other
`10.
`documentationrelied upon you in formulating your opinions in this case.
`
`All documents or material, records, reports, depositions, answer to interrogatories or
`11.
`other documentation reviewed by you but not relied on in formulating your opinion or in the
`process of review for the formation of your opinion.
`
`All documents or material, records, reports, depositions, answer to interrogatories or
`12.
`other documentationreviewedby you but not relied on in formulating your opinion in this case.
`
`All photographs,diagrams, surveys, plates or other like materials, or any and all tangible
`13.
`matters or items relied upon reviewed by you or anyone at your company in the formation of
`your opinion or in the process of review for the formation of your opinion.
`
`14.
`
`Any and all written or recorded statements taken from Plaintiff.
`
`Each and every article, treatise, book, study, chapter, page, paper, study, law regulation,
`15.
`guideline, suggestion, recommendation, ordinance, table, statistic, statute, rule, chart, graph,
`summary, census, other document, tangible evidence including electronically stored evidence in
`
`

`

`tangible form, or other similar source of information considered or reviewed by you or upon
`which you relied in evaluating, investigating, or formulating your opinion in connection with this
`matter.
`
`16.
`
`Any other informationreviewed by your in connection with this case.
`
`17.
`
`Your fee schedule.
`
`If you intended to opine regarding the reasonableness of medical expenses, a copy of
`18.
`your fee schedule for all similar procedures to which you intend to opine.
`
`Any and all invoices, ledgers, bills and other documentationof the time and costs you or
`19.
`your company has expended in connection with this case, including any payments received.
`
`20.
`
`All documents or tangible items of whatsoever nature pertainingto the following:
`
`C
`
`a.
`
`The scope of your employment in this case and the compensationfor such service.
`Your general litigation experience, including the percentage of work performed for
`b.
`plaintiffs and defendants
`The identity of other insurance claims or legal actions in which each of you have
`rendered opinions or evaluations during the last three years. (You are not requested to identify
`instanceswhere treatment was provided to a patient.)
`d.
`The identity of other cases in which you have testified by deposition or a trial during the
`last three years.
`An approximation of the portion of your involvement as an expert witness, which may be
`e.
`based on the number of hours, percentage of hours or percentage of earned income derived from
`serving as an expert witness.
`
`21.
`
`The documentsrequested in 11 above for your entire company
`
`Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
`22.
`1099's, tax records or any other form of financial information evidencing payment or
`compensation paid by Plaintiff, and Plaintiff's counsel for services provided by you for the last
`three (3) years.
`
`Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
`23.
`1099's, tax records or any other form of financial information evidencing payment or
`compensation paid by Plaintiff, and Plaintiff's counsel entire firm for services provided by your
`company for the last three (3) years.
`
`Any and all depositions and trial transcripts taken in any other action where you have
`24.
`testified as a treating or retained expert witness.
`
`Each and every Witness List, Notice of Deposition or Other Pleading wherein you were
`25.
`named or retained during the past three years by Plaintiff.
`
`

`

`26.
`
`A copy of your most recent letterhead
`
`Any advertising done by you within the last three calendar years, including but not
`27.
`limited to internet websites and emails.
`
`

`

`Filing # 119006459 E-Filed 01/04/2021 03:01:56 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`Case No.: CACE 2014 005235
`
`ARMANDO R. PAYAS as
`Guardian Ad Litem for K.K,
`a minor; JANET HIGHSMITH,
`individuallyand on behalf of K.K,
`a minor,
`
`Plaintiffs,
`
`V
`
`PLANTATION GENERAL HOSPITAL
`LIMITED PARTNERSHIP d/b/a
`PLANTATION GENERAL HOSPITAL,
`HERMAN M. EPSTEIN, M.D.,
`HERMAN M. EPSTEIN, M.D., P.A.,
`JEAN B. REYNOLDS, R.N.,
`NEIL P. RAY, M.D., LOUIS TRUJILLO, CSA;
`and SHERIDAN HEALTHCARE, INC.,
`
`Defendants.
`
`I
`
`PLAINTIFFS' NOTICE OF SUBSTITUTION OF EXPERT WITNESS
`
`COMES NOW the Plaintiffs. by and through their undersigned counsel and hereby files
`
`this Notice of Substitution of Expert Witness and hereby substitutes Sean Mahan, MD for
`
`Andrew Akerman, MD.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the forgoing has been electronically
`filed with the Clerk of the Court by using the Florida Courts E-Filing Portal and furnished via
`electronic mail to all counsel on the service list below, this 4th day of January, 2021.
`
`/s/ Maria D. Tejedor
`Maria D. Tejedor
`FBN: 95834
`
`Exhibit B
`
`

`

`DIEZ-ARGUELLES & TEJEDOR
`505 North Mills Avenue
`Orlando, Florida 32803
`Telephone: (407) 705-2880
`Attorney for Plaintiffs
`
`SERVICE LIST
`
`Jay Chimpoulis, Esquire
`Chimpoulis, Hunter, & Lynn, P.A.
`150 S Pine Island Road, Suite 510
`Plantation, FL 33324
`
`Counsel for Neil P. Ray, M.D.
`
`Julia M. Ingle, Esquire
`Lubell & Rosen, LLC
`200 South Andrews Avenue, Suite 900
`Fort Lauderdale,FL 33301
`
`Counsel for Herman M. Epstein, MD and
`Herman M. Epstein, MD, PA
`
`com
`
`Marci Strauss, Esquire
`LaCava, Jacobson, & Goodis, P.A.
`4901 N.W. 17th Way, Suite 606
`Fort Lauderdale,FL 33309
`
`mmarrero@LJGlegal.com
`Counsel for PlantationGeneral Hospital,Jean B. Reynolds, R.N., and Louis Trujilo, CSA
`
`

`

`Filing # 104050329 E-Filed 02/27/2020 06:21:27 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`Case No.: CACE 2014 005235
`
`ARMANDO R. PAYAS as
`
`Guardian Ad Litem for KAYLA KELLY,
`a minor; JANET HIGHSMITH,individually
`and on behalf of KAYLA KELLY, a minor,
`
`Plaintiff.
`
`V
`
`PLANTATION GENERAL HOSPITAL
`
`LIMITED PARTNERSHIP d/b/a
`
`PLANTATION GENERAL HOSPITAL,
`HERMAN M. EPSTEIN, M.D.,
`HERMAN M. EPSTEIN, M.D., P.A.,
`JEAN B. REYNOLDS, R.N.,
`NEIL P. RAY, M.D., LOUIS TRUJILLO, CSA
`
`Defendants.
`
`I
`
`AMENDED NOTICE OF TAKING VIDEO DEPOSITIONDUCES TECUM
`
`PLEASE TAKE NOTICE that on April 6, 2020 at 3:30 p.m. CST at SHERATON
`
`FRAMINGHAM HOTEL & CONFERENCE CENTER 1657 Worcester Road
`
`Framingham, Massachusetts, the Plaintiffs, by and through the undersigned attorney, will take
`
`the depositionof: Barbara Stabile, RN
`
`Upon oral examination pursuant to Florida Rules of Civil Procedure before an official
`
`reporter, Milestone Court Reporting, Notary public, or some officer authorized by law to take
`
`depositions. Said deposition is to be taken for discoverypurposes, for use as evidence at trial or
`
`both. *Deponent must have with him on the above date and time all requested documents on the
`
`attached "Schedule A."
`
`Composite
`Exhibit C
`
`

`

`In accordance with the Americans with DisabilitiesAct, persons with disabilities needing
`a special accommodation to participate in the proceeding should contact, Carlos Diez-Arguelles,
`Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-2880,
`not later than seven (7) days prior to the proceeding. If hearing impaired, (TTD) 1-800-955-
`8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
`
`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 27th day of February, 2020.
`
`/s/ Maria D. Tejedor
`Maria D. Tejedor
`FBN: 95834
`Diez-Arguelles & Tejedor, PA
`505 N. Mills Ave.
`Orlando, FL 32803
`407-705-2880
`
`SERVICE LIST
`
`Jay Chimpoulis, Esquire
`Chimpoulis, Hunter, & Lynn, P.A.
`150 S Pine Island Road, Suite 510
`Plantation, FL 33324
`
`Counsel for Neil P. Ray, M.D.
`
`Julia M. Ingle, Esquire
`Lubell & Rosen, LLC
`200 South Andrews Avenue, Suite 900
`Fort Lauderdale,FL 33301
`
`Counsel for Dr. Epstein & his P.A. and
`Herman M. Epstein, MD, PA
`
`Amy B. Talisman, Esquire
`Amy B. Talisman, P.A.
`601 W. Tropical Way
`
`

`

`Plantation, FL 33317
`
`abt@covelaw.com
`Counsel for PlantationGynologic Associates
`
`Marci Strauss, Esquire
`La Cava & Jacobson, PA
`4901 NW 17th Way, Suite 302
`Fort Lauderdale,Florida 33309
`
`Counsel for PlantationGeneral Hospital,Jean B. Reynolds, R.N., and Louis Trujilo, CSA
`
`

`

`SCHEDULE A
`
`Your CurriculumVitae along with those of anyone else at your company who has worked
`1.
`on this case.
`
`2.
`
`Your entire file regarding this matter.
`
`All correspondence, facsimiles, emails, note, messages, transmittals by and between
`3.
`counsel for Defendant and you or your company.
`
`Any and all engagement letter, contract, retainer agreements or other written instructions
`4.
`received or agreed to by you in connection with this case.
`
`5.
`
`6.
`
`matter.
`
`All writing setting forth your opinion or observation in this case.
`
`Each and every document created by you or your company in connection with this
`
`The raw data, results, videotapes, photographs or any other documentationrelated to any
`7.
`testing that you or your company have conducted in connection with this matter.
`
`All articles, books, papers, manuals, studies or similar documents both formal and
`8.
`informal, written by you or to which you contributed.
`
`9.
`
`Any opinions which were revised or modified.
`
`All written reports or material, records, depositions, answers to interrogatories or other
`10.
`documentationrelied upon you in formulating your opinions in this case.
`
`All documents or material, records, reports, depositions, answer to interrogatories or
`11.
`other documentation reviewed by you but not relied on in formulating your opinion or in the
`process of review for the formation of your opinion.
`
`All documents or material, records, reports, depositions, answer to interrogatories or
`12.
`other documentationreviewedby you but not relied on in formulating your opinion in this case.
`
`All photographs,diagrams, surveys, plates or other like materials, or any and all tangible
`13.
`matters or items relied upon reviewed by you or anyone at your company in the formation of
`your opinion or in the process of review for the formation of your opinion.
`
`14.
`
`Any and all written or recorded statements taken from Plaintiff.
`
`Each and every article, treatise, book, study, chapter, page, paper, study, law regulation,
`15.
`guideline, suggestion, recommendation, ordinance, table, statistic, statute, rule, chart, graph,
`summary, census, other document, tangible evidence including electronically stored evidence in
`
`

`

`tangible form, or other similar source of information considered or reviewed by you or upon
`which you relied in evaluating, investigating, or formulating your opinion in connection with this
`matter.
`
`16.
`
`Any other informationreviewed by your in connection with this case.
`
`17.
`
`Your fee schedule.
`
`If you intended to opine regarding the reasonableness of medical expenses, a copy of
`18.
`your fee schedule for all similar procedures to which you intend to opine.
`
`Any and all invoices, ledgers, bills and other documentationof the time and costs you or
`19.
`your company has expended in connection with this case, including any payments received.
`
`20.
`
`All documents or tangible items of whatsoever nature pertainingto the following:
`
`C
`
`a.
`
`The scope of your employment in this case and the compensationfor such service.
`Your general litigation experience, including the percentage of work performed for
`b.
`plaintiffs and defendants
`The identity of other insurance claims or legal actions in which each of you have
`rendered opinions or evaluations during the last three years. (You are not requested to identify
`instanceswhere treatment was provided to a patient.)
`d.
`The identity of other cases in which you have testified by deposition or a trial during the
`last three years.
`An approximation of the portion of your involvement as an expert witness, which may be
`e.
`based on the number of hours, percentage of hours or percentage of earned income derived from
`serving as an expert witness.
`
`21.
`
`The documentsrequested in 11 above for your entire company
`
`Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
`22.
`1099's, tax records or any other form of financial information evidencing payment or
`compensation paid by Plaintiff, and Plaintiff's counsel for services provided by you for the last
`three (3) years.
`
`Copies of any and all bills, invoices, records, memoranda, checks, check stubs, receipts,
`23.
`1099's, tax records or any other form of financial information evidencing payment or
`compensation paid by Plaintiff, and Plaintiff's counsel entire firm for services provided by your
`company for the last three (3) years.
`
`Any and all depositions and trial transcripts taken in any other action where you have
`24.
`testified as a treating or retained expert witness.
`
`Each and every Witness List, Notice of Deposition or Other Pleading wherein you were
`25.
`named or retained during the past three years by Plaintiff.
`
`

`

`26.
`
`A copy of your most recent letterhead
`
`Any advertising done by you within the last three calendar years, including but not
`27.
`limited to internet websites and emails.
`
`

`

`Filing # 114284338 E-Filed 10/01/2020 03:12:36 PM
`
`IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT
`IN AND FOR BROWARD COUNTY, FLORIDA
`
`Case No.: CACE 2014 005235
`
`ARMANDO R. PAYAS as
`Guardian Ad Litem for K.K,
`a minor; JANET HIGHSMITH,
`individuallyand on behalf of K.K,
`a minor,
`
`Plaintiffs,
`
`V
`
`PLANTATION GENERAL HOSPITAL
`LIMITED PARTNERSHIP d/b/a
`PLANTATION GENERAL HOSPITAL,
`HERMAN M. EPSTEIN, M.D.,
`HERMAN M. EPSTEIN, M.D., P.A.,
`JEAN B. REYNOLDS, R.N.,
`NEIL P. RAY, M.D., LOUIS TRUJILLO, CSA;
`and SHERIDAN HEALTHCARE, INC.,
`
`Defendants.
`
`I
`
`AMENDED NOTICE OF TAKING VIDEO DEPOSITIONDUCES TECUM
`
`PLEASE TAKE NOTICE that on February 22, 2021 at 3:30 p.m. CST/4:30 p.m. EST
`
`via ZOOM, the Plaintiffs, by and through the undersigned attorney, will take the deposition of:
`
`Barbara Stabile, RN
`
`Upon oral examination pursuant to Florida Rules of Civil Procedure before an official
`
`reporter, Milestone Court Reporting, Notary public, or some officer authorized by law to take
`
`depositions. Said deposition is to be taken for discoverypurposes, for use as evidence at trial or
`
`both. *Deponent must have with him on the above date and time all requested documents on the
`
`attached "Schedule A."
`
`

`

`In accordance with the Americans with DisabilitiesAct, persons with disabilitiesneeding
`
`a special accommodation to participate in the proceeding should contact, Carlos Diez-Arguelles,
`
`Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-2880,
`
`not later than seven (7) days prior to the proceeding. If hearing impaired, (TTD) 1-800-955-
`
`8771, or Voice (V) 1-800-955-8770, via Florida Relay Service.
`
`CERTIFICATE OF SERVICE
`
`I HEREBY CERTIFY that a true and correct copy of the forgoing has been electronically
`filed with the Clerk of the Court by using the Florida Courts E-Filing Portal and furnished via
`electronic mail to all counsel on the service list below, this 1 st day of October, 2020.
`
`/s/ Maria D. Tejedor
`Maria D. Tejedor
`FBN: 95834
`DIEZ-AR-GUELLES & TEJEDOR
`505 North Mills Avenue
`Orlando, Florida 32803
`Telephone: (407) 705-2880
`Attorney for Plaintiffs
`
`SERVICE LIST
`
`Jay Chimpoulis, Esquire
`Chimpoulis, Hunter, & Lynn, P.A.
`150 S Pine Island Road, Suite 510
`Plantation, FL 33324
`
`Counsel for Neil P. Ray, M.D.
`
`Julia M. Ingle, Esquire
`Lubell & Rosen, LLC
`200 South Andrews Avenue, Suite 900
`Fort Lauderdale,FL 33301
`
`Counsel for Herman M. Epstein, MD and
`Herman M. Epstein, MD, PA
`
`com
`
`

`

`Marci Strauss, Esquire
`LaCava, Jacobson, & Goodis, P.A.
`4901 N.W. 17th Way, Suite 606
`Fort Lauderdale,FL 33309
`
`mmarrero@LJGlegal.com
`Counsel for PlantationGeneral Hospital,Jean B. Reynolds, R.N., and Louis Trujilo, CSA
`
`

`

`SCHEDULE A
`
`Your CurriculumVitae along with those of anyone else at your company who has worked
`1.
`on this case.
`
`2.
`
`Your entire file regarding this matter.
`
`All correspondence, facsimiles, emails, note, messages, transmittals by and between
`3.
`counsel for Defendant and you or your company.
`
`Any and all engagement letter, contract, retainer agreements or other written instructions
`4.
`received or agreed to by you in connection with this c