throbber
Filing # 114643894 E-Filed 10/08/2020 11:04:22 AM
`
`86175-1
`
`IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`
`
`
`
`CIRCUIT CIVIL DIVISION
`
`CASE NO. 18-016560 CA 09
`
`
`TERRI BROWN, an individual, and
`ALAN ROCK, her husband,
`
` Plaintiffs,
`
`vs.
`
`MOUNT SINAI MEDICAL CENTER
`OF FLORIDA, INC. d/b/a MOUNT
`SINAI MEDICAL CENTER, a Florida
`Corporation; and WILLIAM F. BURKE
`III, M.D., an individual; and BRETT C.
`FUKUMA, M.D., an individual,
`
` Defendants.
`____________________________/
`
`
`DEFENDANTS’ MOTION TO COMPEL DEPOSITION OF PLAINTIFF’S EXPERT,
`ALEXANDER BANKIER, M.D.
`
`
`
`
`COME NOW the Defendants, MOUNT SINAI MEDICAL CENTER OF FLORIDA,
`
`INC. d/b/a MOUNT SINAI MEDICAL CENTER and WILLIAM F. BURKE III, M.D., Motion
`
`to Compel Deposition of Plaintiff’s Expert, Alexander Bankier, M.D. and as grounds state as
`
`follows:
`
`
`
`1.
`
`This is an action based on alleged medical negligence which is currently
`
`scheduled for trial during three-week period commencing January 4, 2021.
`
`
`
`2.
`
`Prior to the issuance of the Court’s Trial Order, the Plaintiffs disclosed their
`
`radiology expert, Jordan L. Haber, M.D.
`
`
`
`3.
`
`On July 12, 2019, the Video Discovery Deposition of Jordan Haber, M.D. was
`
`taken by the Defendants.
`
`
`
`4.
`
`On July 18, 2019, the Video Deposition of Jordan Haber, M.D. for use at trial was
`
`taken by the Plaintiffs.
`
`

`

`CASE NO. 18-016560 CA 09
`
`
`
`
`5.
`
`Following the completion of both depositions of Jordan Haber, M.D. in
`
`November 2019, the Plaintiff informed the Defendants they retained a new radiology expert,
`
`Alexander Bankier, M.D. located in Boston, Massachusetts
`
`
`
`6.
`
`On January 30, 2020, the Defendants requested deposition dates for any and all
`
`remaining expert witnesses the Plaintiff intended to call at the time of trial. (See Exhibit “A”).
`
`
`
`7.
`
`On April 6, 2020, the Defendants again requested deposition dates for any and all
`
`remaining expert witnesses the Plaintiff intended to call at the time of trial. (See Exhibit “B”).
`
`
`
`8.
`
`On April 15, 2020, the Court heard Defendants’ Motion to Strike Plaintiff’s New
`
`Radiology Expert, Alexander Bankier, M.D. or in the Alternative, Motion to Compel Plaintiff’s
`
`to Reimburse Defendants’ Attorneys’ Fees and Costs.
`
`
`
`9.
`
`On April 16, 2020, the Court entered an Order denying the Motion to Strike and
`
`deferred ruling on the motion as to the reimbursement of costs until the end of the litigation.
`
`
`
`10.
`
`On April 17, 2020, the Defendants again requested deposition dates for Plaintiff’s
`
`experts and specifically for the deposition of Alexander Bankier, M.D. (See Exhibit “C”).
`
`
`
`11.
`
`On October 1, 2020, the Plaintiff again identified Alexander Bankier, M.D.,
`
`among other experts, as an expert witness to be called at the time of trial. (See Plaintiff’s
`
`Unverified Answers to Supplemental and Expert Witness Interrogatories, attached as Exhibit
`
`“D”).
`
`
`
`12.
`
`On October 6, 2020, the Defendants again requested deposition dates for
`
`Alexander Bankier, M.D. (See Exhibit “E”).
`
`- 2 -
`
`

`

`
`
`
`13.
`
`Despite the Defendants’ four (4) requests to take the deposition of Alexander
`
`Bankier, M.D., dating back to January 30, 2020, the Plaintiff has not provided any deposition
`
`CASE NO. 18-016560 CA 09
`
`dates.
`
`
`
`14.
`
`The Defendants have been prejudiced by the Plaintiff’s failure to provide
`
`deposition dates for Alexander Bankier, M.D. for the past ten (10) months as this case is set to
`
`commence trial on January 4, 2021. Additionally, the Defendants require the deposition
`
`testimony of Dr. Bankier in order to be able to present the final opinions of Defendants’ expert
`
`radiologist, Jonathan Berlin, M.D. at deposition and trial.
`
`
`
`WHEREFORE, the Defendants, MOUNT SINAI MEDICAL CENTER OF FLORIDA,
`
`INC. d/b/a MOUNT SINAI MEDICAL CENTER and WILLIAM F. BURKE III, M.D., enter an
`
`Order Granting their Motion to Compel the Deposition of Alexander Bankier, M.D. and for the
`
`deposition of Dr. Bankier to be taken prior to the deposition of Jonathan Berlin, M.D.
`
` WE HEREBY CERTIFY that a copy hereof has been electronically served via Florida
`
`ePortal
`to: David Stone, Esquire,
`litigation@mblawpa.com,
`ronnie@mblawpa.com,
`david@mblawpa.com; on this 8th day of October, 2020.
`
`
`
`
`/s/ Jackson F. McCoy
`Jackson F. McCoy, Esquire
`Florida Bar No. 163748
`WICKER SMITH O'HARA MCCOY & FORD, P.A.
`Attorneys for Mount Sinai Medical Center of Florida,
`Inc. William Burke, III, M.D.
`2800 Ponce de Leon Boulevard
`Suite 800
`Coral Gables, FL 33134
`Phone: (305) 448-3939
`Fax: (305) 441-1745
`miacrtpleadings@wickersmith.com
`
`
`
`- 3 -
`
`

`

`LAW OFFICES
`
`WICKER SMITH O'HARA
`
`MCCOY & FORD, P.A.
`REGIONS BANK BUILDING
`
`2800 PONCE DE LEON BLVD., SUITE 800
`CORAL GABLES, FLORIDA 33134
`(305) 448-3939
`FAX (305) 441—1745
`
`WWW.WICKERSMITH.COM
`
`BRUNSWICK
`{912)265—8620
`NAPLES
`{239'} 552-5300
`
`MIAMI
`{305) 448-3939
`
`FORT [AUDERDALE
`(954)847—4300
`PENSJACOLA
`[850) 316—4490
`
`JACKSONVILLE
`[904] 3550225
`PHOENIX
`{802) 643-2240
`
`MELBOURNE
`(321] 510-5300
`SARASUTA
`[941] 366-4200
`
`NASHVILlE
`(615)3693300
`TAMPA
`[813] 222-3939
`
`DMJDO
`(407)343-3939
`WEST PALM BEACH
`[561] 689-3300
`
`January 30, 2020
`
`David Stone, Esquire
`Mansfield, Bronstein & Stone, LLP
`500 East Broward Blvd.
`Suite 1450
`
`Ft. Lauderdale, FL 33394
`
`RE:
`
`Brown (Terri) vs. Mount Sinai Medical Center of Florida, Inc. and Dr. William
`Burke, III
`Our File No.: 86175-1
`
`DearWm: 7:5 it??? 2
`
`Please provide our office with deposition dates of any and all remaining expert witnesses
`you intend to call at the time of trial. Thank you for your anticipated cooperation.
`
`JFM/cmp
`
`ly yours,
`
`
`
`Jack n F. McCoy
`
`EXHIBIT
`
`W?
`
`A
`
`
`
`
`

`

`LAW OFFICES
`
`WICKER SMITH O'HARA
`
`MCCOY & FORD, P.A.
`REGIONS BANK BUILDING
`
`2800 PONCE DE LEON BLVD., SUITE 800
`CORAL GABLES, FLORIDA 33134
`(305) 448-3939
`FAX (305) 441-1745
`
`WWW.WICKERSMITH.COM
`
`MIAMI
`{305] 448-3539
`
`Emma:
`{912] 25643620
`MAPLE
`[239] 552-5305
`
`Pom meaam p 1::me
`{954) 347—4300
`{90413554125
`MEDIA
`PHOENIX
`[350-] 316.4490
`(502:. 648-2240
`
`MELBOURNE
`£321}610-5800
`MUN-I
`{94113554200
`
`rust-mus _
`1:615} ass—33m
`TAM
`{313122-3939
`
`Gammon
`[£307] 243.3939
`WET PALM BEACH
`{5523 639-3303
`
`April 6, 2020
`
`David Stone, Esquire
`Mansfield, Bronstein & Stone, LLP
`500 East Broward Blvd.
`Suite 1450
`
`Ft. Lauderdale, FL 33394
`
`RE:
`
`Brown (Terri) vs. Mount Sinai Medical Center Of Florida, Inc. and Dr. William
`Burke, HI
`Our File No.: 86175—1
`
`Dear Mr. Stone:
`
`In follow-up to our letter dated January 30, 2020, please provide our office with deposition
`dates of any and all remaining expert Witnesses you intend to call at the time oftrial. Thank you
`for your anticipated cooperation.
`
`JFM/cmp
`
`Very truly yours,
`
`Jackson F. McCoy
`
`EXHIBIT
`
`5
`
`

`

`LAW OFFICES
`
`WICKER SMITH O'HARA
`
`MCCOY & FORD, P.A.
`REGIONS BANK BUILDING
`
`2800 PONCE DE LEON BLVD., SUITE 800
`CORAL GABLES, FLORIDA 33134
`(305) 448-3939
`FAX (305) 441-1745
`
`WWW.WICKERSMITH.COM
`
`Emmet _
`{912) 256-3629
`NfiPLB
`{2333 552-5300»
`
`MIAMI
`{305] “$3939
`
`Fon'r umeam ‘ Inmamufi
`{354) mm {9041 355—0225
`¥EN5~MLOLA
`PHOENIX _
`[35-0] 316-4450
`{7502: 543—2240
`
`MELBOURNE
`[321}610—5880
`SARASUTA
`{941] 3564200
`
`WMUE ‘
`{615} 35373300
`TAM
`{.313} 222-3939
`
`manna ‘
`{407) 343-3539
`WET PA'LM BEACH
`{5633 539-3301}
`
`April 17, 2020
`
`David Stone, Esquire
`Mansfield, Bronstein & Stone, LLP
`500 East Broward Blvd.
`
`‘
`Suite 1450
`Ft. Lauderdale, FL 33394
`
`RE:
`
`Brown (Terri) vs. Mount Sinai Medical Center of Florida, Inc. and Dr. William
`Burke, HI
`Our File No.: 86175-1
`
`Dear Mr. Stone:
`
`Kindly provide our office with available dates to complete the deposition of Alexander
`Bankier, M.D., Ph.D. in the above captioned claim.
`
`We look forward to hearing fiom you.
`
`JFM/cmp
`
`Very truly yours,
`
`(2%me
`
`Jackson F. McCoy
`
`EXHIBIT
`
`tabbles‘
`
`_C__
`
`

`

`IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT
`
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
`
`TERRI BROWN, an individual, and
`ALAN ROCK, her husband,
`
`CASE NO.: 18-016560 CA 09
`
`Plaintiffs,
`
`vs.
`
`\
`
`MOUNT SINAI MEDICAL CENTER
`
`OF FLORIDA, INC. d/b/a MOUNT
`SINAI MEDICAL CENTER, a Florida
`Corporation; and WILLIAM F. BURKE
`III, M.D., an individual,
`
`Defendants.
`
`/
`
`PLAINTIFF’S UNVERIFIED RESPONSES TO DEFENDANTS, MOUNT SINAI
`MEDICAL CENTER OF FLORIDA: INC., AND WILLIAM. BURKE, HI, M.D.’S
`SUPPLEMENTAL & EXPERT INTERROGATORIES
`
`Plaintiff, TERRI BROWN (“Terri Brown” and/or “P1aintiff’), by and through
`
`undersigned counsel, and pursuant to Florida Rule of Civil Procedure 1.340, hereby responds to
`
`Defendants, MOUNT SINAI MEDICAL CENTER OF FLORIDA, INC., and WILLIAM F.
`
`BURKE, III, M.D., (“Defendants”), Supplemental & Expert Interrogatories, paragraph by
`
`paragraph, as follows:
`
`GENERAL COMMENTS AND QUALIFICATIONS
`
`Plaintiff has endeavored to respond to Defendants’ Supplemental & Expert Interrogatories
`
`on the basis of the best information available. The Responses set forth below are made subject to
`
`and Without waiving the following:
`
`1.
`
`The right to object on the grounds of competency, privilege, relevancy, materiality,
`
`or any other proper ground, to the use of any material produced herein, for any purpose, in Whole
`
`or in part, in any proceeding to this action or any other action;
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`
`Phone (954) 601-5600 Fax (954) 961—4 756
`
`

`

`2.
`
`The right to object on any and all proper grounds at any time, to other requests or
`
`other discovery procedures involving or relating to the subject matter of the interrogatories herein
`
`responded to; and
`
`3.
`
`The right at any time to revise, correct, modify, supplement or clarify any of the
`
`answers provided herein.
`
`Respectfully submitted,
`
`/s/ Aleksandra Kravets, Esg.
`ALEKSANDRA KRAVETS, ESQ.
`FBN: 120562
`
`DAVID STONE, ESQ.
`FBN: 400432
`
`MANSFIELD, BRONSTEIN & STONE, LLP
`Attorneysfor Plaintififs
`500 E. Broward Boulevard, Suite 1450
`Fort Lauderdale, Florida 33394
`Phone 954.601.5600
`Fax 954.961.4756
`
`Service Email Designation:
`litigation@mblawpa.com
`
`PLAINTIFF ’S RESPONSE TO DEFENDANTS’
`SUPPLEMENTAL & EXPERT INTERROGATORIES
`
`1. Question:
`
`What is the name, e—mail address, and street address ofthe person answering
`
`these interrogatories, and, if applicable, the person’s official position or relationship with the party
`
`to whom the interrogatories are directed?
`
`
`Answer:
`
`Terri Massey Brown c/o Mansfield Bronstein & Stone, LLP, 500 E.
`
`Broward Blvd,
`
`Ste.
`
`1450,
`
`Fort
`
`Lauderdale,
`
`FL
`
`33394,
`
`(954)
`
`601—5600;
`
`litigation@mblawpa.com. The answers to these interrogatories were completed with the
`
`assistance of counsel.
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, For! Lauderdale, Florida 33394
`Phone (954) 601-5600 Fax (954) 961-4756
`
`

`

`2. Question.
`
`Have you, your attorneys, agents, or employees learned of any additional
`
`witnesses to either the issue of liability or damages as raised by the pleadings in this case since
`
`your deposition was taken or since you answered interrogatories and, if so, for each such Witness,
`
`list their name, present address, telephone number and summary of expected testimony.
`
`
`Answer:
`
`Plaintiff s witness list shall be filed in accordance with the deadline
`
`provided for in the Court’s Uniform Trial Order dated June 16, 2020.
`
`3. Question:
`
`Have you seen any physician, psychiatrist, osteopath, chiropractor, medical
`
`facility such as a hospital, emergency room, or health maintenance organization or any other health
`
`care provider or practitioner of the healing arts since your deposition was taken or since you last
`
`answered interrogatories. If so, for each such health care provider, state their name, address,
`
`telephone number, and a brief statement of the reason for the treatment.
`
`
`Answer:
`
`Yes. Plaintiff directs Defendants to Plaintist Responses to Defendants’
`
`Supplemental Interrogatories that were served on August 1, 2019. As additional providers, Plaintiff
`
`lists the following:
`
`Dr. Gilberto Lopes
`1475 NW 12th Ave Suite 3039
`
`Miami, FL 33136
`
`(305) 243—5302
`Reason: Oncologist
`
`Dr. Alan Kutner
`
`1801 NE 123rd Street #405
`
`North Miami, FL 33181
`
`(305) 674—5925
`Reason: Primary Care Physician
`
`Dr. Stuart Bernstein
`
`21110 Biscayne Blvd # 405
`Aventura, FL33 180
`
`(305) 937—4400
`
`Mansfield Bronstein & Stone, LLP
`500 E. BrowardBaulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601—5600 Fax (954) 961—4756
`
`

`

`Reason: Pulmonologist
`
`Dr. Scott Goldberg
`21150 Biscayne Blvd #102
`Aventura, FL 33180
`
`(305) 682-8831
`Reason: ENT Balance and Falls
`
`Orthopedic Care Center
`230 S. Dixie Hwy
`Hallandale, FL 33009
`
`(954) 458—2 166
`Reasons: Physical Therapy & MRIs
`
`Dr. Leonard Cohen
`
`21000 NE 28th Avenue #205
`
`Aventura, FL 33180
`
`(305) 933—5993
`Reason: Neurology for Balance and Falls
`
`Dr. Charles Mahl
`
`GenLife Regenerative Medicine
`2333 Ponce de Leon Blvd #302
`
`Coral Gables, FL 33134
`
`(305) 332-7234
`Reason: Prolotherapy for Rotator Cuffs
`
`Dr. Richard Rozencwaig
`2100 NE 28th Avenue #104
`
`Aventura, FL 33180
`
`(305) 937-1999
`Reason: Tom and Damaged Rotator Cuffs
`
`Unique Imaging MRI
`18851 NE 29th Avenue #100
`
`Aventura, FL 33180
`
`(305) 890—1839
`Reason: Skull Balance and Falls
`
`Mr. David Ettinger, LCSW
`2875 NE 19lst St #700
`
`Aventura, FL 33180
`(973) 224—0693
`Reason: Depression
`
`ReadyCare Home Health
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601~5600 Fax (954) 961-4756
`
`

`

`18100 W. Dixie Highway #205-6
`Aventura, FL 33160
`
`(305) 669—5957
`Reason: Physical Therapy
`
`Ms. Marbelys Inguierdo
`ReadyCare Home Health
`(786) 660-645
`Reason: Physical Therapy
`
`Betsy Romero
`9040 Collins Ave. #112
`
`Miami, FL 33154
`
`(305) 244—0336
`Reason: Home Aide
`
`FastCare LLC Aventura
`
`20601 E Dixie Hwy Suite 340
`Aventura, FL 33180
`
`(786) 923-4000
`Reason: Cough, Shortness of Breath and others
`
`4. Question:
`
`Since your deposition was taken or since you last answered interrogatories,
`
`have you been involved in any other "incidents" (incident is used in its broadest sense to mean any
`
`accidental injury such as an automobile accident, slip and fall, etc.) in which you received injuries,
`
`and if so, for each such incident, please state the date and place it occurred, the names and addresses
`
`of all persons who have knowledge of the incident and the names and addresses of all persons and
`
`health care providers who rendered medical treatment to you.
`
`
`Answer:
`
`Yes. Plaintiff has suffered an injury to her left and right rotator cuffs
`
`sometime in the beginning of August of 2019. These injuries were caused by Plaintiffs weakened
`
`and debilitated condition following the subject surgery to remove the cancerous tumor from
`
`Plaintiff s remaining lung. Since the subject surgery, Plaintiff has had virtually no strength in her
`
`upper body. Plaintiff was supposed to undergo surgery to repair her torn ligaments and tendons
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, For! Lauderdale, Florida 33394
`Phone (954) 601-5600 Fax (954) 961-4756
`
`

`

`located in the left shoulder. However, due to her weakened condition and the COVlD—l9
`
`pandemic, Plaintiffs scheduled surgeries have been rescheduled on multiple occasions (at least
`
`three times to date). Since August of 2019, Plaintiff has been unable to dress herself, bathe, wash
`
`her hair, cook, drive, and otherwise perform activities of daily living by herself. Additionally,
`
`Plaintiffhas been in (2) car accidents from 2018 until the present, however, they were minor fender
`
`benders and no injuries have been sustained therein. For a list of additional healthcare providers,
`
`Plaintiff directs Defendants to Plaintist Response to Defendants’ Supplemental & Expert
`
`Witness Interrogatory N0. 3 above.
`
`5. Question:
`
`Has your physical and/or mental condition improved or deteriorated since
`
`your deposition was taken or since you last answered interrogatories, and if so, please state in as
`
`much detail as possible, the improvement or deterioration.
`
`Answer:
`
`Plaintiff 3 physical and/or mental condition has deteriorated since Plaintiff
`
`last answered interrogatories. Deterioration includes the following: increased memory loss, brain
`
`fog, dizziness, nausea, and balance problems causing falling; weaker arm strength; Plaintiff
`
`becomes more winded even with less activity. Furthermore, Plaintiff directs Defendants to
`
`Plaintiff‘s Response to Defendants’ Supplemental & Expert Witness Interrogatory No. 4 above.
`
`6. Question:
`
`Please itemize each and every expense you are claiming as damages in this
`
`case, including in your answer, the date and time the expense was incurred and/or paid, to whom
`
`the expense is owed or paid, What the expense was for, and the exact amount of the expense. (The
`
`answer to this question should include all items you claim as damages in this case with the
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601—5600 Fax (954) 961—4756
`
`

`

`exception of pain and suffering, future medicals, and future lost wages or loss of earning
`
`potential.)
`
`
`Answer:
`
`Plaintiff is still in the process of quantifying her damages and discovery is
`
`still ongoing, as such, Plaintiffwill supplement this request when additional information becomes
`
`available. With the exception of pain and suffering, future medicals, and future lost wages or loss
`
`of earning potential, Plaintiffs’ known expenses as of October 1, 2020, total $160,832.51, which
`
`are broken down as follows:
`
`1. Out-of—pocket expenses that total $96,134.71, which are further broken down as follows:
`
`$9,193.00 for the year 2016, $14,572.00 for the year 2017, $24,493.00 for the year 2018,
`
`$21,762.00 for the year 2019 up through July 17, 2019, and $26,114.71 from July 18, 2019
`
`up through October 1, 2020.
`
`2. Consequential damages from trip cancellations as a result of Terri Brown’s incident—related
`
`illnesses, that total $10,099.43, which are further broken down as follows: $6,160.00 for
`
`the years 2016, 2017, and 2018, and $3,939.43 for the year 2019 up through July 17, 2019.
`
`3. Liens, that total $54,598.37, which are further broken down as follows: as of October 1,
`
`2020, the Florida Blue conditional payment amount was $8,759.55. As of October 1, 2020,
`
`the Medicare/OMS conditional payment amount was $45,838.82.
`
`See the attached itemized list of expenses. Additionally, Terri Brown, will execute an
`
`authorization form that will enable Defendants to request medical billing records from all treating
`
`providers.
`
`7. Question:
`
`Have you, or has anyone on your behalf, filed any lawsuits, made any
`
`workers’ compensation claims, applied for or claimed any personal injury protection benefits,
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 3 33 94
`Phone (954) 601-5600 Fax (954) 961-4756
`
`

`

`applied for or received any medical insurance benefits, and if so, for each such occasion, please
`
`provide the names and addresses of all persons who have information pertaining to these claims
`
`and enough information about the claims to enable this Defendant to obtain the documents
`
`substantiating the claims you have made.
`
`
`Answer:
`
`Neither Terri Brown nor anyone on behalf of Terri Brown has filed any
`
`lawsuits (other than this instant action), made any workers’ compensation claims, or applied for or
`
`claimed any personal injury protection benefits. Terri Brown has received medical insurance
`
`benefits through Medicare/CMS and Florida Blue/The Rawlings Company. Terri Brown does not
`
`recall the amount of each payment and date of each payment from each source, however, Terri
`
`Brown will execute an authorization form that will enable Defendants to obtain the requested
`
`information directly from Medicare and Florida Blue.
`
`8. Question:
`
`Please identifir each person whom you expect to call as an expert witness at
`
`trial, providing his/her name, address and telephone number and state the subject matter on which
`
`each expert identified is expected to testify, the substance of the facts and opinions to which each
`
`expert is expected to testify and a summary of the grounds for each opinion.
`
`
`Answer:
`
`As their expert witness at a trial in this action, Plaintiff expects to call:
`
`1. Dr. Alexander R. Marmureanu MD.
`
`(“Dr. Marmureanu”) c/o David Stone, Esq.,
`
`Mansfield, Bronstein & Stone LLP, 500 E. Broward Blvd, Suite 1450, Fort Lauderdale, FL
`
`33394, (954) 601—5600. Please see a copy of his CV attached hereto. Dr. Marmureanu is a
`
`Thoracic and Cardiovascular Surgeon. Dr. Marmureanu is expected to testify regarding
`
`Terri Brown’s injuries and how Defendants’ treatment of Terri Brown fell below the
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fart Lauderdale, Florida 3 33 94
`Phone (954) 601—5600 Fax (954) 961-4756
`
`

`

`standard of care. Dr. Marmureanu is also expected to respond to the opinions of
`
`Defendants’ expert(s) regarding causation.
`
`. Dr. Alexander Bankier (“Dr. Bankier”) c/o David Stone, Esq., Mansfield, Bronstein &
`
`Stone LLP, 500 E. Broward Blvd, Suite 1450, Fort Lauderdale, FL 33394, (954) 601—5600.
`
`Dr. Bankier is a Board-Certified Radiologist. Please see a copy of his CV attached hereto.
`
`Dr. Bankier is expected to testify regarding Terri Brown’s injuries and how Defendants
`
`treatment of Terri Brown fell below the standard of care. Dr. Bankier is also expected to
`
`respond to the opinions of Defendants’ expert(s) regarding causation.
`
`. Darlene M. Carruthers, M.Ed., CRC, CDMS, CCM, FMLCP, President, Comprehensive
`
`Rehabilitation Consultants,
`
`Inc.
`
`(“Carruthers”) c/o David Stone, Esq., Mansfield,
`
`Bronstein & Stone LLP, 500 E. Broward Blvd, Suite 1450, Fort Lauderdale, FL 33394,
`
`(954) 601—5600. Please see a copy of Carruthers’ CV attached hereto. Carruthers is
`
`expected to testify regarding Plaintiff‘s economic damages and Plaintiff’s life care plan.
`
`. Dr. Merle F. Dimbath, Ph. D (“Dr. Dimbath”) c/o David Stone, Esq., Mansfield, Bronstein
`
`& Stone LLP, 500 E. Broward Blvd, Suite 1450, Fort Lauderdale, FL 33394, (954) 601-
`
`5600. Dr. Dimbath is a forensic economist. Dr. Dimbath is expected to testify regarding
`
`Plaintiff’s economic damages and the calculation of future values.
`
`. Dr. Jordan Haber MD. (“Dr. Haber”) c/o David Stone, Esq., Mansfield, Bronstein & Stone
`
`LLP, 500 E. Broward Blvd, Suite 1450, Fort Lauderdale, FL 33394, (954) 601-5600. Dr.
`
`Haber is a Board—Certified Radiologist. Dr. Haber is expected to testify at trial consistent
`
`with his video—taped deposition on July 18, 2019.
`
`Additional experts who have not yet been designated will be called. Plaintiff will supplement this
`
`this request when additional information becomes available.
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601-5600 Fax (954) 961-4756
`
`

`

`9. Question:
`
`State in detail the educational background, training and/or experience of
`
`each person identified above which qualifies him/her as an expert and identify for each person
`
`listed above the field of their expertise. (You may attach a current CV in lieu of answering the
`
`question.)
`
`Answer:
`
`Plaintiff directs Defendants to the CVs attached hereto.
`
`10. Question:
`
`Please give a detailed list of all publications which each expert identified
`
`above has authored, or co-authored and the name of the publication in which the article has
`
`appeared, or the name of the publisher who has published the article and enough information about
`
`the publication to enable this Defendant to obtain it.
`
`Answer:
`
`Plaintiff directs Defendants to the CVs and articles attached hereto.
`
`11. Question:
`
`Please state the state, county, city and court style of the case, and case
`
`number of every case that each of the experts listed above has been identified either by answers to
`
`expert interrogatories or by the fact that they have testified by deposition or at trial during the three
`
`(3) years preceding the date of these interrogatories.
`
`Answer:
`
`Plaintiff directs Defendants to case lists attached hereto, if they exist.
`
`12. Question:
`
`Please state with specificity the scope of each expert’s employment in the
`
`pending case and the compensation for such service. State the date and amount of all payments to
`
`date as well as any bill outstanding with the corresponding hourly rate for the review of records,
`
`deposition testimony and appearance at trial.
`
`Mansfield Bronstein & Stone, LLP
`500 El Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 3 33 94
`Phone (954) 601-5600 Fax (954) 961—4756
`
`

`

`Answer:
`
`(1) Dr. Marmureanu has been retained as a consultant according to the following fee schedule:
`
`Evaluation of medical records $600/hr
`
`Written correspondence $600/hr
`Phone conferences and meetings $600/hr
`Research $600/hr
`
`Travel time $600/hr
`
`Written reports $600/hr
`Deposition Fee: $1,000/hr (plus additional expenses.)
`Trial and Arbitration Testimony: $5,000 per 1/2 day, $10,000 per day
`
`Dr. Marmureanu’s initial retainer is $2,500. There is a 50% cancellation fee for depositions or
`
`trials cancelled with less than 48 hours notice.
`
`(2) Dimbath has been retained as a consultant according to the following fee schedule:
`
`Research, office work and telephone conferences: $400/hr
`Appearances or presentations for trial, deposition, hearings: $400/hr (plus travel and
`additional expenses)
`Travel Expense (for depositions, trials, conferences): $400/hour
`Minimum Fee Deposition and Trial: $1,200 (regardless of time: but after 3 hours, time is
`charged at professional rate)
`Cancellation Fee: $400 (for depositions or trials cancelled less than 24 hours prior)
`
`Dimbath’s initial retainer is $2,800.
`
`(3) Carruthers/CRC has been retained as a consultant according to the following fee schedule:
`
`$275.00 per hour. Carruthers’ initial retainer is $4,000.
`
`(4) Dr. Haber has been retained as a consultant according to the following fee schedule:
`
`Trial prep: $500/hr
`Other/additional work: $400/hr
`
`Deposition/testifying costs: (to discussed)
`
`Dr. Haber’s initial retainer is $2,000.00
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601-5600 Fax (954) 961-4756
`
`

`

`There are no outstanding bills. As of the date of this response, the date and amount of all
`
`payments are $99,520.3 8, which are broken down as follows:
`
`
`Dr. Alexander Marrnureanu
`
`650.00
`
`05/06/2020
`
`Dr. Alexander Marmureanu
`
`Dr. Alexander Marmureanu
`325 .00
`03/19/2020
`
`Dr. Alexander Marmureanu
`3,250.00
`12/09/2019
`
`Dr. Alexander Marmureanu
`
`975.00
`
`03/25/2020
`
`21 ,600.00 08/23/2019
`
`
`
`
`
`
`
`Dr. Alexander Marmureanu
`
`Dr. Alexander Marmureanu
`
`Dr. Alexander Marmureanu
`
`10,300.00 08/15/2019
`
`5 ,200.00
`
`04/24/2019
`
`7,200.00
`
`03/01/2019
`
`Dr. Alexander Marmureanu
`3 ,600.00
`02/21/2019
`
`Dr. Alexander Marmureanu
`1,200.00
`10/23/2018
`
`Dr. Alexander Marmureanu
`
`Dr. Alexander Marmureanu
`
`5 ,750.00
`
`08/02/2018
`
`2,500.00
`
`04/18/2018
`
`(1) Dr. Marrnureanu Total = $62,550.00 (which shall amend, and NOT supplement or add to
`the payment breakdown previously provided in response to Interrogatory No. 5 of
`Defendants’ Expert Witness Interrogatories, which response was served on August 1, 2019.
`
`
`1 1,588.87 1 12/26/2018 1
`Comprehensive Rehab Consultants
`1 1,106.38 1 05/17/2018 1
`Comprehensive Rehab Consultants
`1 6,104.23 1 05/08/2018 1
`1 Comprehensive Rehab Consultants
`1 6,170.87 1 03/14/2018 1
`1 Comprehensive Rehab Consultants
`1 2,600.03 1 02/12/2018 1
`1 Comprehensive Rehab Consultants
`14,000.00 1 11/22/2017 1
`Comprehensive Rehab Consultants
`
`(2) CRC/Carruthers Total = $21,570.38
`
`
`1 6,000.00 1 4/22/2019 1
`1 Dr. Merle Dimbath — Forensic Economist
`1 2,800.00 1 1/30/2018 1
`1 Dr. Merle Dimbath — Forensic Economist
`
`(3) Dimbath Total = $8,800.00
`
`
`
`1 1,600.00
`11/6/2019
`1 Jordan Haber, MD
`
`1 2,000.00 4/26/2018
`1 Jordan Haber, MD
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, For! Lauderdale, Florida 3 33 94
`Phone (954) 601-5600 Fax (954) 961-4756
`
`

`

`Jordan Haber, MD
`
`Jordan Haber, MD
`
`1,000.00 8/14/2017
`
`2,000.00 6/19/2017
`
`(4) Dr. Haber Total = $6,600.00
`
`13. Question:
`
`State the expert’s general litigation experience including the percentage of
`
`work performed for plaintiffs and defendants.
`
`
`Answer:
`
`Dr. Marmureanu reviews cases and testifies equally for both plaintiffs and
`
`defendants, however, the percentages vary from month to month and year to year. Plaintiff directs
`
`Defendants to the deposition of Dr. Marmureanu dated August 16, 2019 and August 21, 2019.
`
`Carruthers spends about 35% of her professional time in matters related to litigation and
`
`of that time, approximately 75% is for plaintiffs and the other 25% is for the defense, insurance
`
`companies or municipalities.
`
`Dirnbath reviews cases equally for both plaintiffs and defendants and has been doing so for
`
`over fifty years, however, with respect to testifying, he is heavier on the plaintiff’ 3 side.
`
`Plaintiff directs Defendants to the deposition of Dr. Haber dated July 12, 2019 and July 18,
`
`2019 for Dr. Haber’s general litigation experience.
`
`Additionally, Plaintiff directs the Defendants to the CVS and case lists attached hereto, if
`
`any, as the documents speak for themselves.
`
`14. Question:
`
`State an approximation of the portion of each expert’s involvement as an
`
`expert witness. This may be based on the number of hours, percentage of hours, or percentage of
`
`earned income derived from serving as an expert witness.
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601-5600 Fax (954) 961—4756
`
`

`

`Answer:
`
`Plaintiff directs the Defendants to Plaintiffs” Response to Supplemental &
`
`Expert Interrogatory No. 12 and No. 13 above.
`
`15. Question:
`
`Did any expert submit a report setting forth his or her opinions in this claim?
`
`If so, state the date of each report. Also, if you will do so without a Request to Produce, please
`
`attach a copy of each report.
`
`Answer:
`
`Dr. Marmureanu, Dr. Bankier and Dr. Haber have not submitted a report. A
`
`copy of Carruther’s report/life care plan and Dimbath’s report/Present Value of Future Life Care
`
`Needs has already been provided to Defendants in a correspondence dated March 23, 2018, a copy
`
`of which is attached hereto. Plaintiff anticipates that said reports will be updated closer to trial.
`
`16. Question:
`
`Have you, your attorneys, agents, employees or anyone on your behalf
`
`entered into any agreement or settlement with any other parties or any persons or organizations in
`
`connection with or in relation to any claims arising out of or pertaining to the accident or incident
`
`which is the subject of your Complaint, if so, please state the names and addresses of all persons
`
`or organizations with whom you have entered into an agreement, the nature of the agreement, and
`
`the consideration given by both parties for the agreement.
`
`Answer:
`
`No. Plaintiffhas not entered into any agreement or settlement with any other
`
`parties or any persons or organizations in connection with or in relation to any claims arising out
`
`of or pertaining to the incident which is the subject of the Complaint. Plaintiff s husband, Alan
`
`Rock has accepted Defendants’ proposal for settlement in the amount of $100,000.00.
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 33394
`Phone (954) 601—5600 Fax (954) 961-4756
`
`

`

`17. Question:
`
`Have you been convicted of a crime since you last answered interrogatories
`
`or testified by deposition in this case and if so, for each conviction please state the name of the
`
`crime, the date of conviction, the name of the court in which you were convicted, and the city,
`
`county and state of the court of conviction.
`
`Answer:
`
`No.
`
`18. Question:
`
`Please identify if you (or someone on your behalf) has purchased insurance
`
`to protect you from a fee and costs judgment in this action. If so, when, identify the carrier/entity
`
`who is providing the insurance, the amount, and the terms.
`
`Answer:
`
`Not applicable.
`
`Mansfield Bronstein & Stone, LLP
`500 E. Broward Boulevard, Suite 1450, Fort Lauderdale, Florida 3 3394
`Phone (954) 601—5600 Fax (954) 961-4756
`
`

`

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`(912) 265-8620
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`(305) 1448-5939
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