Filing # 162824077 E-Filed 12/12/2022 11:32:27 AM
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`IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`CIRCUIT CIVIL DIVISION
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`CASE NO.: 2019-022464 CA 01
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`Plaintiffs,
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`MICHAEL ANTHONY LAPP and
`SUSAN RAMIREZ-LAPP,
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`vs.
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`BAPTIST HOSPITAL OF MIAMI,
`INC., BAPTIST HEALTH SOUTH
`FLORIDA, INC., ALEXANDER
`POISIK, M.D. and BAPTIST
`HEALTH MEDICAL GROUP
`PHYSICIANS, LLC d/b/a
`BAPTIST HEALTH
`NEUROSCIENCE CENTER,
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`Defendants.
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`_____________________________/
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`DEFENDANTS, BAPTIST HOSPITAL OF MIAMI, INC. AND BAPTIST
`HEALTH SOUTH FLORIDA, INC.’s, EMERGENCY MOTION FOR
`MOTION CALENDAR HEARING
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`The Defendants, BAPTIST HOSPITAL OF MIAMI, INC. and BAPTISTS
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`HEALTH SOUTH FLORIDA, INC., by and through their undersigned counsel, file
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`this Emergency Motion for Motion Calendar Hearing, and as grounds for the
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`foregoing would state as follows:
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`1.
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`This medical malpractice action is set case for Jury Trial for the 3-week
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`Case No.: 2019-022464-CA-01
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`trial period commencing March 7, 2023. See Exhibit “A”.
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`2.
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`Per the Trial Order, compulsory medical evaluations are to be
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`completed forty-five (45) days prior to the first day to the trial period. The deadline
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`for compulsory medical evaluations on this case is January 21, 2023.
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`3.
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`Defendants’ vocational and life care planning expert, Michael
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`Shahnasarian, Ph.D., is available to perform a vocational rehabilitation/life care
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`planning examination of the Plaintiff via Zoom on December 20, 2022 at 8:00 a.m.
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`See Exhibit “B”.
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`4.
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`Plaintiffs filed their Objection to Defendants’ Request for Compulsory
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`Vocational Rehabilitation/Life Care Planning Examination on December 7, 2022.
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`See Exhibit “C”.
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`5.
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`If the Court does not rule on Plaintiffs’ Objection prior to December
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`20, 2022, the examination cannot go forward and the Defendants will be unable to
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`complete this examination within the Court ordered deadlines.
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`6.
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`Defendants consulted all parties to have Plaintiffs’ Objection to
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`Defendants’ Request for Compulsory Vocational Rehabilitation/Life Care Planning
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`Case No.: 2019-022464-CA-01
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`Examination to be heard on motion calendar on December 15, 2022 at 9:00 and as
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`of today, all parties are available.
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`WHEREFORE, the Defendants, BAPTIST HOSPITAL OF MIAMI, INC.
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`and BAPTISTS HEALTH SOUTH FLORIDA, INC., respectfully requests this
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`Court add Plaintiffs’ Objection to Defendants’ Request for Compulsory Vocational
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`Rehabilitation/Life Care Planning Examination for motion calendar hearing on
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`December 15, 222 at 9:00 a.m. in front of the Honorable Barbara Areces.
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`CERTIFICATE OF SERVICE
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`I CERTIFY that a copy hereof has been furnished to the attorneys listed on
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`the attached service list, by e-mail, on December 12, 2022.
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`FALK, WAAS, HERNANDEZ, SOLOMON,
`MENDLESTEIN & DAVIS, P.A.
`Attorneys for Defendants, Baptist Hospital of
`Miami, Inc. and Baptist Health South
`Florida, Inc.
`135 San Lorenzo Avenue, Suite 500
`Coral Gables, FL 33146
`Telephone: (305) 447-6500
`Facsimile: (305) 447-1777
`Email:
`servicenwaas@falkwaas.com
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`By: /s/ Norman M. Waas
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`Norman M. Waas
`Florida Bar No.: 614432
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`2432419
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`Case No.: 2019-022464-CA-01
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`SERVICE LIST
`Lapp v. Baptist Hospital and BHSF, Inc.
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`Joseph J. Kalbac, Jr. Esq.
`Colson Hicks Edison
`255 Alhambra Circle, Penthouse
`Coral Gables, FL 33134
`Telephone: (305) 476-7400
`Facsimile: (305) 476-7444
`Email: jkalbac@colson.com
`Attorneys for Plaintiffs
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`Jackson F. McCoy, Esq.
`Wicker, Smith, O'Hara, McCoy & Ford, P.A.
`2800 Ponce de Leon Blvd., Suite 800
`Coral Gables, FL 33134
`Telephone: (305) 448-3939
`Facsimile: (305) 441-1745
`Email: miacrtpleadings@wickersmith.com
`Email: jmccoy@wickersmith.com
`Attorneys for Defendants, Alexander Poisik, MD AND Baptist Health Medical
`Group Physicians, LLC
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`Filing # 148616008 E-Filed 04/28/2022 05:16:16 PM
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`EXHIBIT "A"
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`IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
`IN AND FOR MIAMI-DADE COUNTY, FLORIDA
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`CIRCUIT CIVIL DIVISION
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`CASE NO.:
`SECTION:
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`Plaintiff(s),
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`vs.
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`LIVE/IN-PERSON
`ORDER RESETTING TRIAL
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`Defendant(s)
`______________________________________/
`THIS CAUSE having been on the trial calendar and a continuance having been granted
`based on:
`_____ 1.
`_____ 2.
`_____ 3.
`_____ 4.
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`Plaintiff(s) Motion for Continuance.
`Defendant(s) Motion for Continuance.
`Joint Motion to Continue.
`Case was not reached and/or resetting would be appropriate due to
`scheduling conflict.
`Unable to proceed due to procedural issues or Mistrial.
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`_____ 5.
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`This Cause is hereby reset for Jury/Non-Jury trial before the undersigned Judge in
`the Dade County Courthouse, 73 West Flagler Street, Miami, Florida 33130, for the ____
`week period commencing ____________ or as soon
`thereafter as
`the same may be
`heard.
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`ALL ATTORNEYS are directed to appear before the undersigned Judge, at the
`Dade County Courthouse, for Call of
`the Calendar and pretrial conference on
`_________________________ . All attorneys should be
`thoroughly familiar with
`the
`cause and prepared
`to consider and determine such matters as are set forth in Rule
`1.200(b). Failure to appear as directed or to otherwise strictly comply with the terms of
`the action, striking
`the pleadings,
`sanctions, dismissing
`this Order may
`result
`in
`limiting proof or witnesses or taking any other appropriate action. It is further
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`ORDERED AND ADJUDGED as follows:
`1.
`The parties shall do all things reasonable and necessary to assure the availability
`of their witnesses for the ENTIRE trial period or to otherwise preserve their testimony for trial as
`provided by the Fla. Rules of Civil Procedure
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`2019-022464-CA-01
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`CA23
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`Michael Anthony Lapp et al
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`Baptist Hospital of Miami, Inc. et al
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`X
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`3
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`03-07-2023
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`03-01-2023 at 11:00 AM
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`All prior orders are in full force and effect.
`2.
`Counsel shall immediately notify this Court in the event of settlement and submit a
`3.
`Stipulation for and Order of Dismissal. Counsel shall also notify the Court of any pending
`hearings that will be cancelled as a result of the settlement.
`4.
`All subpoenas heretofore issued are hereby revalidated for the trial period as set
`forth above.
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`DONE AND ORDERED in Chambers, at Miami-Dade County, Florida, on this
`___________________________.
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`__________________________________________
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`CIRCUIT COURT JUDGE
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`If you are a person with a disability who needs any accommodation in order to
`participate in this proceeding, you are entitled, at no cost to you, to the
`provision of certain assistance. Please contact Aliean Simpkins, the Eleventh
`Judicial Circuit Court’s ADA Coordinator, Lawson E. Thomas Courthouse
`Center, 175 NW 1st Ave., Suite 2400, Miami, FL 33128, Telephone (305)
`349-7175; TDD
`(305)
`349-7174,
`Fax
`(305)
`349-7355, Email:
`ADA@jud11.flcourts.org at least seven (7) days before your scheduled court
`appearance, or immediately upon receiving this notification if the time before
`the scheduled appearance is less than seven (7) days; if you are hearing or
`voice impaired, call 711
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`28th day of April, 2022
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`2019-022464-CA-01 04-28-2022 5:06 PM
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`2019-022464-CA-01 04-28-2022 5:06 PM
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`Barbara Areces
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`Copies Furnished to:
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`denise@colson.com
`eservice@colson.com
`nicky@colson.com
`jkalbac@colson.com
`miacrtpleadings@wickersmith.com
`mpoirier@wickersmith.com
`jmccoy@wickersmith.com
`ServiceKVachal@falkwaas.com
`selzey@falkwaas.com
`dcespedes@falkwaas.com
`servicenwaas@falkwaas.com
`nwaas@falkwaas.com
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`

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`Filing # 162277647 E-Filed 12/02/2022 01:19:10 PM
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`EXHIBIT "B"
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`IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
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`CIRCUIT CIVIL DIVISION
`Case No.: 2019-022464 CA 01
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`MICHAEL ANTHONY LAPP and
`SUSAN RAMIREZ-LAPP
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`Plaintiffs,
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`vs.
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`BAPTIST HOSPITAL OF MIAMI,
`INC., BAPTIST HEALTH SOUTH
`FLORIDA, INC., ALEXANDER
`POISIK, M.D. and BAPTIST
`HEALTH MEDICAL GROUP
`PHYSICIANS, LLC d/b/a
`BAPTIST HEALTH
`NEUROSCIENCE CENTER,
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`Defendants.
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`______________________________/
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`DEFENDANTS, BAPTIST HOSPITAL OF MIAMI, INC. and BAPTIST
`HEALTH SOUTH FLORIDA, INC.’s REQUEST FOR COMPULSORY
`VOCATIONAL REHABILITATION/LIFE CARE PLANNING
`EXAMINATION
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`The Defendants, BAPTIST HOSPITAL OF MIAMI, INC. AND BAPTIST
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`HEALTH SOUTH FLORIDA, INC., by and through their undersigned attorneys,
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`hereby serves this Request for Compulsory Vocational Rehabilitation/Life Care
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`Planning Examination pursuant to Florida Rules of Civil Procedure 1.650:
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`1.
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`An examination of MICHAEL ANTHONY LAPP is necessary by a
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`2426000
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`Case No.: 2019-022464-CA-01
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`vocational rehabilitation and life care planning specialist of the Defendant’s
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`choosing. An examination has been scheduled with vocational rehabilitation
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`specialist/life care planner Michael Shahnasarian, Ph.D., for DECEMBER 20, 2022
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`at 8:00 A.M. via Zoom videoconference. Dr. Shahnasarian will perform a
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`rehabilitative and vocational examination, which is expected to last approximately
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`eight (8) hours.
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`2.
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`The Plaintiff is invited to provide any records or other documents which
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`would assist Dr. Shahnasarian in his examination.
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`3.
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`The Plaintiff is hereby advised that a disruption fee may be incurred if
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`he fails to appear as scheduled or fails to give notice of cancellation within two (2)
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`days of the examination.
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`4.
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`Pursuant to Rule 1.360 of the Florida Rules of Civil Procedure, Dr.
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`Shahnasarian may be called as a witness by any party to this action, but shall not be
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`identified as appointed by the Court.
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`5.
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`If the Plaintiff requires any type of special equipment, meal service, or
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`seat preferences, please advise at least fifteen (15) days prior to the examination.
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`6.
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`Dr. Shahnasarian will ask Mr. Lapp detailed questions about his
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`presenting problems, treatment, limitations and capabilities, medical history,
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`activities of daily living, mental health status, educational background, work history,
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`and vocational rehabilitation.
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`2426000
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`7.
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`Dr. Shahnasarian will administer the following tests:
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`Case No.: 2019-022464-CA-01
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`a. Wahler Physical Symptoms Inventory
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`b.
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`Beck Depression Inventory
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`c. Wide Range Achievement Test – Revision 3
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`d.
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`Shipley Institute of Living Scale
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`e. Multidimensional Aptitude Battery
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`f. Minnesota Multiphasic Personality Inventory – II
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`g.
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`h.
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`i.
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`Self-Directed Search – Form R or Form E
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`Strong Interest Inventory
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`Campbell Interest and Skills Inventory
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`j. Wechsler Memory Scale
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`k. Wechsler Adult Intelligence Scale – 3
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`Additionally, Mr. Lapp will be requested to complete a pain diagram.
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`8.
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`If the Plaintiffs will be videotaping and/or transcribing the examination,
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`please notify us at least seven (7) days prior to the examination.
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`(Certificate of Service on following page.)
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`2426000
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`Case No.: 2019-022464-CA-01
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`CERTIFICATE OF SERVICE
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`I certify that a copy hereof has been furnished to the attorneys listed on the
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`attached service list, by e-mail, on December 2, 2022.
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`FALK, WAAS, HERNANDEZ, SOLOMON,
`MENDLESTEIN & DAVIS, P.A.
`Attorneys for Defendants, Baptist Hospital of
`Miami, Inc. and Baptist Health South
`Florida, Inc.
`135 San Lorenzo Avenue, Suite 500
`Coral Gables, FL 33146
`Telephone: (305) 447-6500
`Facsimile: (305) 447-1777
`Email: servicenwaas@falkwaas.com
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`By: /s/ Norman M. Waas
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`Norman M. Waas
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`Florida Bar No.: 614432
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`Case No.: 2019-022464-CA-01
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`SERVICE LIST
`Lapp v. Baptist Hospital and BHSF, Inc.
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`Joseph J. Kalbac, Jr. Esq.
`Colson Hicks Edison
`255 Alhambra Circle, Penthouse
`Coral Gables, FL 33134
`Telephone: (305) 476-7400
`Facsimile: (305) 476-7444
`Email: jkalbac@colson.com
`Email: nicky@colson.com
`Attorneys for Plaintiffs
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`Sean Cleary, Esq.
`Law Offices of Sean M. Cleary, P.A.
`19 West Flagler St. #618
`Miami, FL 33130
`Telephone: (305) 416-9805
`Facsimile: (305) 416-9807
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`Email: sean@clearypa.com
`Email: assistant@clearypa.com
`Attorneys for Plaintiffs
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`Jackson F. McCoy, Esq.
`Wicker, Smith, O'Hara, McCoy & Ford, P.A.
`2800 Ponce de Leon Blvd., Suite 800
`Coral Gables, FL 33134
`Telephone: (305) 448-3939
`Facsimile: (305) 441-1745
`Email: miacrtpleadings@wickersmith.com
`Email: jmccoy@wickersmith.com
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`Attorneys for Defendants, Alexander Poisik, MD AND Baptist Health Medical
`Group Physicians, LLC
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`2426000
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`Filing # 162592870 E-Filed 12/07/2022 03:55:17 PM
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`EXHIBIT "C"
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`IN THE CIRCUIT COURT OF THE 11th JUDICIAL CIRCUIT,
` IN AND FOR MIAMI DADE COUNTY, FLORIDA
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`CIRCUIT CIVIL DIVISION
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`CASE NO.: 2019-022464-CA-01
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`MICHAEL ANTHONY LAPP and
`SUSAN RAMIREZ-LAPP,
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`Plaintiffs,
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`vs.
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`BAPTIST HOSPITAL OF MIAMI, INC.;
`BAPTIST HEALTH SOUTH FLORIDA, INC;
`ALEXANDER POISIK, M.D.; and, BAPTIST
`HEALTH MEDICAL GROUP PHYSICIANS,
`LLC, d/b/a BAPTIST HEALTH
`NEUROSCIENCE CENTER,
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`Defendants.
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`/
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`PLAINTIFFS’ OBJECTION TO DEFENDANTS’ REQUEST FOR COMPULSORY
`VOCATIONAL REHABILITATION/LIFE CARE PLANNING EXAMINATION
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`This is a medical malpractice action that seeks damages for the severe and permanent pain
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`and other injuries from which Plaintiff Michael Anthony Lapp (“Mr. Lapp”) suffers. Though Mr.
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`Lapp’s injuries are principally related to neck and back pain, Defendants Baptist Hospital of
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`Miami, Inc. and Baptist Health South Florida, Inc. (collectively, “Baptist”) have given notice of at
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`least 11 or 12 psychological tests that their retained expert, Michael Shahnasarian, Ph.D., intends
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`to perform as a part of an eight-hour long “vocational rehabilitation/life care planning” compulsory
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`examination to be conducted on December 20, 2022 beginning at 8:00 a.m. Because Florida Rule
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`of Civil Procedure 1.360(a)(2) requires good cause for any compulsory examination, and because
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`the Baptist Defendants have not established good cause for the lengthy and overbroad nature of
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`CASE NO.: 2019-036655-CA-01
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`their examination here, Plaintiffs object to their notice. Plaintiffs also object because the
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`examination was not scheduled with Plaintiffs’ counsel but was instead set unilaterally.
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`If any examination does take place, Defendants are hereby notified that Plaintiffs will have
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`counsel present and videotape the examination.
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`Memorandum of Law
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`a. Legal Standards
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`Under Florida law, an independent medical examination “is authorized only when the party
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`submitting the request has good cause for the examination.” Fla. R. Civ. P. 1.360(a)(2). To meet
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`this threshold, a movant must proffer the “particular examinations that the psychologist plan[s] to
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`conduct” and establish “good cause for each particular examination.” Espinosa v. D.H. Griffin
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`Const. Co., LLC, 187 So. 3d 1273, 1275 (Fla. 3d DCA 2016). See also Maddux v. Bullard, 141
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`So. 3d 1264, 1266 (Fla. 5th DCA 2104) (same). It must also specify the examination’s “subject
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`matter” and “identify the length of the examination [necessary]” to achieve each test’s stated
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`purpose. Barry v. Barry, 159 So. 3d 306, 308 (Fla. 5th DCA 2015). If the movant fails to apprise
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`the trial court of “the particular examinations that the psychologist plans to conduct, [the court]
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`should not grant the request [for an IME].” Id.; see also Maddux, 141 So. 3d at 1266 (same).
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`Furthermore, the trial court must determine good cause before ruling on a party’s motion
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`to compel. Espinosa, 187 So. 2d at 1275. If the trial court’s order compelling an independent
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`medical examination fails to identify the specific examinations or tests for which good cause exists,
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`it departs from the essential requirements of Rule 1.360, and is subject to reversal on appeal. Id.
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`See also Barry, 159 So. 3d at 308 (quashing discovery order which gave a psychologist “‘carte
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`blanche’ to perform any type of psychological inquiry, testing, and analysis” he deemed
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`appropriate).
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`CASE NO.: 2019-036655-CA-01
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`b. Argument.
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`Baptist has not demonstrated good cause for any of the 11 or 12 tests set forth in their
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`Request and which are the only tests Mr. Shahnasarian has identified. Mr. Lapp suffers from
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`among other things severe neck and back pain that have made his chosen vocation—sales—
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`impossible physically. Though Baptist styled their notice as request for a vocational rehabilitation
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`examination, they actually seek to conduct psychological tests. See Exhibit A at ¶ 8 (listing, for
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`example, the “Wahler Physical Symptoms Inventory”, “Beck Depression Inventory,” the “Wide
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`Range Achievement Tests,” the “Shipley Institute of Living Scale”, “Multidimensional Aptitude
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`Battery”, “Minnesota Multiphasic Personality Inventory,” the “Self-Directed Search Form,” (Form
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`R or Form E)1, the “Weschler Memory Scale,” and the “Weschler Adult Intelligence Scale -3”).
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`However, Defendants’ expert is not designated as a psychologist and Plaintiffs anticipate he will
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`be a vocational rehabilitation and/or life care plan expert in this case.
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`Part and parcel of Rule 1.360’s good cause requirement is the prerequisite that supporting
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`cause be proffered for each requested test. See Espinosa, 187 So. 3d at 1275 (“The movant has
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`the burden of establishing good cause for each particular examination.”); see also Maddox, 141
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`So. 3d at 1266 (movant must show “that good cause exists for ordering each particular
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`examination.”). It is not clear what any of the proposed tests have to do with Mr. Lapp’s physical
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`inability to work since, again, this is described as a Vocational Rehabilitation/Life Care Planning
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`Examination, not a psychological examination.
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`Though Defendants’ Request creates “the appearance of a specified and limited scope” …
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`the [psychologist] would be permitted to perform other examinations or administer other tests
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`1 With regards to Form R or Form E, in violation of the cited cases and Rule 1.360, Baptist leaves
`open which test their expert would like to perform.
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`CASE NO.: 2019-036655-CA-01
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`which are not contained within the specific examples listed.” Espinosa, 187 So. 3d at 1275. Such
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`“open-ended” language offends Rule. 1.360’s good cause requirement. See id.; see also Maddox,
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`141 at 1266 (interpreting Rule 1.360’s good cause requirement to include “knowing the particular
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`examinations that the psychologist planned to conduct” and quashing order that gave a
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`psychologist discretion to perform any manner of psychological testing “for up to four continuous
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`hours” as a “violat[ion] [of] clearly established principles of law”); accord Jordan v. Jordan, 187
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`So. 3d 312, 313 (Fla. 5th DCA 2016) (quashing order that failed to specify the type of testing to
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`be performed). This notice lacks the necessary specificity as to which of the listed tests will
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`actually be performed (over eight continuous hours) in violation of Rule 1.360 and well-
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`established jurisprudence. Further, although Defendants’ expert requests that Mr. Lapp “complete
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`a pain diagram,” he is not a medical doctor. Again, Defendants have not provided good cause, nor
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`have they provided credentials, if any, of Mr. Shahnasarian supporting a claim that he is qualified
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`to interpret such diagram if indeed the Court required it.
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`At any hearing held on a compulsory examination, the party submitting the request “has
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`the burden of affirmatively showing that both the ‘in controversy’ and ‘good cause’ prongs have
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`been satisfied. Maddox, 141 So. 3d at 1266 (citing Wade v. Wade, 124 So. 3d 369, 374 (Fla. 3d
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`DCA 2013). Accordingly, before this Court can order Mr. Lapp to submit to any psychological
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`testing, Baptist must establish the nexus between Mr. Lapp’s inability to work and his
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`psychological status (as opposed to his physical status) and identify (and support with good cause)
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`the specific tests they intend to perform. At present, that evidence does not exist.
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`WHEREFORE, Plaintiffs object to Baptist’s request for compulsory vocational
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`rehabilitation/life care planning examination, and request that this Court require proof establishing
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`CASE NO.: 2019-036655-CA-01
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`that (1) Mr. Lapp’s psychological status is in controversy and (2) there is good cause for the
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`requested specific tests and pain diagram.
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`CERTIFICATE OF SERVICE
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`WE HEREBY CERTIFY that the foregoing document was electronically filed via the
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`Florida Courts E-Filing Portal, on this 7th day of December 2022, which provides e-service to all
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`counsel of record on the attached Service List.
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`Respectfully submitted,
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`Plaintiff’s Counsel
`COLSON HICKS EIDSON
`255 Alhambra Circle, Penthouse
`Coral Gables, Florida 33134
`Telephone:
`(305) 476-7400
`Facsimile:
`(305) 476-7444
`Email:
`Jkalbac@colson.com
`
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`eservice@colson.com
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`By: Joseph J. Kalbac, JR. ____
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`JOSEPH J. KALBAC, JR.
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`Florida Bar No. 628270
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`-And-
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`LAW OFFICES OF SEAN M. CLEARY, P.A.
`19 West Flagler Street, Suite 618
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`Miami, Florida 33130
`Telephone:
`(305) 416-9805
`Facsimile:
`(305) 416-9807
`Email:
`sean@clearypa.com
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`By: Sean M. Cleary, Esq. /SMC/
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`SEAN M. CLEARY
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`Florida Bar No. 0146341
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`CASE NO.: 2019-036655-CA-01
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`Osvaldo Arnaldo Gutierrez Perez and Maida Diaz Hernandez,
`vs.
`Alexander Poisik, M.D.; Baptist Health Medical Group Physicians, LLC d/b/a Baptist Health
`Neuroscience Center; Baptist Hospital of Miami, Inc.; and Baptist Health South Florida, Inc.
`2019-036655-CA-01
`____________________________________________________________________________/
`
`
`Attorneys for Defs. Baptist Hospital of Miami, Inc.
`& Baptist Health South Florida, Inc.
`Norman M. Waas, Esq.
`Falk, Waas, Hernandez Solomon,
`Mendlestein & Davis, P.A.
`135 San Lorenzo Avenue, Suite 500
`Coral Gables, Florida 33146
`Phone: (305) 447-6500
`Fax: (305) 447-1777
`Email: servicenwaas@falkwaas.com
`
`Attorneys for Defs. Poisik Alexander, M.D. &
`Baptist Health Medical Group Physicians, LLC
`Jackson F. McCoy, Esq.
`Eric Diamond, Esq.
`Wicker Smith O’Hara McCoy & Ford, P.A.
`2800 Ponce de Leon Blvd., Suite 800
`Coral Gables, FL 33134
`Phone: (305) 448-3939
`Fax: (305) 441-1745
`Email: miacrtpleadings@wickersmith.com;
`ediamond@wickersmith.com;
`MPoirier@WickerSmith.com;
`
`
`SERVICE LIST
`
` 6
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`Filing # 162277647 E-Filed 12/02/2022 01:19:10 PM
`
`IN THE CIRCUIT COURT OF THE 11TH JUDICIAL CIRCUIT IN AND FOR
`MIAMI-DADE COUNTY, FLORIDA
`
`CIRCUIT CIVIL DIVISION
`Case No.: 2019-022464 CA 01
`
`MICHAEL ANTHONY LAPP and
`SUSAN RAMIREZ-LAPP
`
`Plaintiffs,
`
`vs.
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`BAPTIST HOSPITAL OF MIAMI,
`INC., BAPTIST HEALTH SOUTH
`FLORIDA, INC., ALEXANDER
`POISIK, M.D. and BAPTIST
`HEALTH MEDICAL GROUP
`PHYSICIANS, LLC d/b/a
`BAPTIST HEALTH
`NEUROSCIENCE CENTER,
`
`Defendants.
`
`______________________________/
`
`DEFENDANTS, BAPTIST HOSPITAL OF MIAMI, INC. and BAPTIST
`HEALTH SOUTH FLORIDA, INC.’s REQUEST FOR COMPULSORY
`VOCATIONAL REHABILITATION/LIFE CARE PLANNING
`EXAMINATION
`
`The Defendants, BAPTIST HOSPITAL OF MIAMI, INC. AND BAPTIST
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`HEALTH SOUTH FLORIDA, INC., by and through their undersigned attorneys,
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`hereby serves this Request for Compulsory Vocational Rehabilitation/Life Care
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`Planning Examination pursuant to Florida Rules of Civil Procedure 1.650:
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`1.
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`An examination of MICHAEL ANTHONY LAPP is necessary by a
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`2426000
`
`EXHIBIT "A"
`
`

`

`Case No.: 2019-022464-CA-01
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`vocational rehabilitation and life care planning specialist of the Defendant’s
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`choosing. An examination has been scheduled with vocational rehabilitation
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`specialist/life care planner Michael Shahnasarian, Ph.D., for DECEMBER 20, 2022
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`at 8:00 A.M. via Zoom videoconference. Dr. Shahnasarian will perform a
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`rehabilitative and vocational examination, which is expected to last approximately
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`eight (8) hours.
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`2.
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`The Plaintiff is invited to provide any records or other documents which
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`would assist Dr. Shahnasarian in his examination.
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`3.
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`The Plaintiff is hereby advised that a disruption fee may be incurred if
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`he fails to appear as scheduled or fails to give notice of cancellation within two (2)
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`days of the examination.
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`4.
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`Pursuant to Rule 1.360 of the Florida Rules of Civil Procedure, Dr.
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`Shahnasarian may be called as a witness by any party to this action, but shall not be
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`identified as appointed by the Court.
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`5.
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`If the Plaintiff requires any type of special equipment, meal service, or
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`seat preferences, please advise at least fifteen (15) days prior to the examination.
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`6.
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`Dr. Shahnasarian will ask Mr. Lapp detailed questions about his
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`presenting problems, treatment, limitations and capabilities, medical history,
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`activities of daily living, mental health status, educational background, work history,
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`and vocational rehabilitation.
`
`2426000
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`

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`7.
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`Dr. Shahnasarian will administer the following tests:
`
`Case No.: 2019-022464-CA-01
`
`a. Wahler Physical Symptoms Inventory
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`b.
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`Beck Depression Inventory
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`c. Wide Range Achievement Test – Revision 3
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`d.
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`Shipley Institute of Living Scale
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`e. Multidimensional Aptitude Battery
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`f. Minnesota Multiphasic Personality Inventory – II
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`g.
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`h.
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`i.
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`Self-Directed Search – Form R or Form E
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`Strong Interest Inventory
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`Campbell Interest and Skills Inventory
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`j. Wechsler Memory Scale
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`k. Wechsler Adult Intelligence Scale – 3
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`Additionally, Mr. Lapp will be requested to complete a pain diagram.
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`8.
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`If the Plaintiffs will be videotaping and/or transcribing the examination,
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`please notify us at least seven (7) days prior to the examination.
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`(Certificate of Service on following page.)
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`2426000
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`

`

`Case No.: 2019-022464-CA-01
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`CERTIFICATE OF SERVICE
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`I certify that a copy hereof has been furnished to the attorneys listed on the
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`
`
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`attached service list, by e-mail, on December 2, 2022.
`
`FALK, WAAS, HERNANDEZ, SOLOMON,
`MENDLESTEIN & DAVIS, P.A.
`Attorneys for Defendants, Baptist Hospital of
`Miami, Inc. and Baptist Health South
`Florida, Inc.
`135 San Lorenzo Avenue, Suite 500
`Coral Gables, FL 33146
`Telephone: (305) 447-6500
`Facsimile: (305) 447-1777
`Email: servicenwaas@falkwaas.com
`
`By: /s/ Norman M. Waas
`
`Norman M. Waas
`
`Florida Bar No.: 614432
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`2426000
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`

`

`Case No.: 2019-022464-CA-01
`
`SERVICE LIST
`Lapp v. Baptist Hospital and BHSF, Inc.
`
`
`
`
`Joseph J. Kalbac, Jr. Esq.
`Colson Hicks Edison
`255 Alhambra Circle, Penthouse
`Coral Gables, FL 33134
`Telephone: (305) 476-7400
`Facsimile: (305) 476-7444
`Email: jkalbac@colson.com
`Email: nicky@colson.com
`Attorneys for Plaintiffs
`
`Sean Cleary, Esq.
`Law Offices of Sean M. Cleary, P.A.
`19 West Flagler St. #618
`Miami, FL 33130
`Telephone: (305) 416-9805
`Facsimile: (305) 416-9807
`
`Email: sean@clearypa.com
`Email: assistant@clearypa.com
`Attorneys for Plaintiffs
`
`Jackson F. McCoy, Esq.
`Wicker, Smith, O'Hara, McCoy & Ford, P.A.
`2800 Ponce de Leon Blvd., Suite 800
`Coral Gables, FL 33134
`Telephone: (305) 448-3939
`Facsimile: (305) 441-1745
`Email: miacrtpleadings@wickersmith.com
`Email: jmccoy@wickersmith.com
`
`Attorneys for Defendants, Alexander Poisik, MD AND Baptist Health Medical
`Group Physicians, LLC
`
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`2426000
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`