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Filing # 116546925 E-Filed 11/12/2020 11:39:33 AM
IN THE CIRCUIT COURT OF THE
19" JUDICIAL CIRCUIT IN AND
FOR MARTIN COUNTY, FLORIDA
CASE NO: 2019-CA-000015
FREDERIC CHARLES GREER, III, and
MELISSA ANNE GREER, as Husband and
Wife, and FREDERIC CHARLES GREER, III
and MELISSA ANNE GREER, individually,
Plaintiffs,
VS.
MARTIN MEMORIAL MEDICAL CENTER,
INC. d/b/a MARTIN MEDICAL CENTER, a
Florida Corporation; KUNAL CHAUDHRY, M.D. 65
and CARDIOLOGY ASSOCIATES OF STUART,
P.A., a Florida profit corporation,
Defendants.
/
DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER’S RESPONSES TO PLAINTIFFS’ EXPERT REQUEST FOR
PRODUCTION DATED OCTOBER 12, 2020
Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN
MEDICAL CENTER (hereinafter “MMMC”), by and through the undersigned counsel hereby
files its Responses to Plaintiffs’ Expert Request for Production dated October 12, 2020, as follows:
Electronically Filed Martin 11/12/2020 11:39 AM
GREER V. MMMC, ET AL.
CASE NO: 2019-CA-000015
GE L OBJECTIONS
All of Defendant’s Responses to Plaintiffs’ Expert Request for Production are subject to
these General Objections, which General Objections are incorporated into each of Defendant’s
responses as if restated fully therein. Failure to specifically reference these General Objections,
or a portion thereof, should not be construed as waiver of any General Objection or the General
Objections generally.
1 Defendant objects to each request to the extent that they seek information and/or
documents protected from disclosure under the attorney-client privilege, settlement, or other
privilege or by the attorney work-product doctrine. If any such information and/or documents are
disclosed, except pursuant to a specific written agreement covering such information and/or
documents and, the disclosure shall be deemed inadvertent and is not intended to waive or
prejudice any applicable privilege or immunity from disclosure.
2. Defendant’s Responses to Plaintiffs’ First Request for Production are based on its
understanding and interpretation thereof. To the extent Defendant later asserts a different
understanding, Defendant reserves its right to supplement or amend its responses.
3 Defendant has not completed its investigation of the facts relating to this case, has
not fully completed the discovery in this action, and has not completed the preparation of this case
for trial. All of the responses contained herein are based only upon such information and
documents as are presently available and specifically known to Defendant, and disclose only those
matters that presently occur to Defendant. It is anticipated that further discovery, investigation,
legal research, and analyses will supply additional facts, add meaning to known facts, as well as
establish entirely new factual conclusions and legal contentions, all of which may lead to
substantial additions to, changes in, and variations from the contentions herein set forth. The
following written responses are given without prejudice to Defendant's right to produce evidence
of any facts or documents that Defendant may later recall or discover. Defendant accordingly
reserves the right to change any and all responses herein as additional facts are ascertained,
analyses are made, legal research is completed, and contentions are made. The responses
contained herein are made in a good faith effort to supply as much factual information and as much
specification of legal contention as is presently known, but are in no way to the prejudice of
Defendant to amend or supplement the responses upon further discovery, investigation, research
or analysis.
GREER V. MMMC, ET AL
CASE NO: 2019-CA-000015
4 Except for facts explicitly admitted herein, no admission of any nature whatsoever
is implied by, or to be inferred from, the responses.
5 Defendant makes all of the objections contained herein, including its General
Objections and Specific Objections, while reserving the right to make additional objections as may
be deemed appropriate upon further review of information and/or documents.
GREER V. MMMC, ET AL
CASE NO: 2019-CA-000015
MMMC RESPONSES TO PLAINTIFFS’ EXPERT REQUEST FOR PRODUCTION
1 Copy of the curriculum vitae for each expert you intend to call at trial.
RESPONSE:
Attached herewith are the following Curriculum Vitae from the following
experts:
a. Dominique Bradford, RN, RCIS, 1V, CVN
(MMMC-005970-005971)
Stephen Durham, Ph.D.
(MMMC -005972-005973)
Timothy Fischell, M.D.
(MMMC-005974-006010)
Kim Klancke, M.D.
(MMMC-006011-006022)
Eric D. Kramer, M.D.
(MMMC-006023-006033)
Tomas D. Martin, M.D.
(MMMC-006034-006052)
Joel Meyer, M.D.
(MMMC-006053-006075)
h Robert F. Padera, M.D., Ph.D.
(MMMC-006076-006111)
Ronald B. Tolchin, D.O.
(MMMC-006112-006126)
Copy of payment schedule and/or billing rates for each expert
RESPONSE:
a. Nurse Bradford
Review of medical records: $150.00 p/h
Deposition attendance: $200.00 p/h
Trial attendance: $200.00 p/h
b. Stephen Durham, Ph.D.
See attached (MMMC-006127)
GREER V. MMMC, ET AL
CASE NO: 2019-CA-000015
Timothy Fischell, M.D.
To be provided by counsel for Dr. Chaudhry
d Kim Klancke, M.D.
See attached (MMMC-006128)
Eric D. Kramer, M.D.
To be provided by counsel for Dr. Chaudhry
Tomas D. Martin, M.D.
See attached (MMMC-006129)
Joel Meyer, M.D.
To be provided.
Robert F. Padera, M.D., Ph.D.
$400.00 p/h
Ronald B. Tolchin, D.O.
See attached (MMMC-006130-006131)
3 Copy of all bills and correspondence between each expert and Respondent's counsel
in this case.
RESPONSE:
a Dominique Bradford, RN, RCIS, IV, CVN
Nurse Bradford has been paid $4,725.00 to date. See attached (MMMC-
006132, 006139). Also attached are redacted emails and correspondence
exchanged between this office and the expert (MMMC-006133-006150).
See Privilege Log E-filed contemporaneously with these responses.
b Stephen Durham, Ph.D.
Dr. Durham has been paid $6,542.02 to date. See attached (MMMC-
006151-006154), Also attached are various emails and correspondence
exchanged between this office and the expert (MMMC-006155-006156).
Timothy Fischell, M.D.
No payment has been made to date. Also attached is a letter to the expert
(MMMC-006168).
Kim Klancke, M.D.
No payment has been made to date. Also attached is a letter to the expert
(MMMC-006169).
GREER V. MMMC, ET AL
“ASE NO: 2019-CA-000015
Eric D. Kramer, M.D.
No payment has been made to date. No correspondence to this expert.
Tomas D. Martin, M.D.
Dr. Martin has been paid $1,500.00 to date. See attached invoice
(MMMC-006191), various emails and correspondence exchanged
between this office and the expert (MMMC-006170-006311).
Joel Meyer, M.D.
Dr. Meyer has been paid $4,500.00 to date. See attached invoice
(MMMC-006312), redacted emails and correspondence exchanged
between this office and the expert (MMMC-006313-006372).
See Privilege Log E-filed contemporancously with these responses.
Robert F. Padera, M.D., Ph.D.
Dr. Padera has been paid $2,200.00 to date. See attached invoice
(MMMC-006373), emails and correspondence exchanged between this
office and the expert (MMMC-006374-006449).
Ronald B. Tolchin, D.O.
Dr. Tolchin has been paid
$6,650.00 to date. See attached invoice
(MMMC-006450-006451), emails and correspondence exchanged
between this office and the expert (MMMC-006452-006537).
4 Copies of any materials reviewed by each expert in this case. For all materials
produced to this defendant in discovery and for all deposition transcripts, such materials do not
need to be produced, but please list the same.
RESPONSE:
A list of all materials reviewed by each expert has been provided. See
MMMC’s Answers to Plaintiffs’ Expert Interrogatories E-filed on November
9, 2020. If there are any items listed therein that are needed, please advise and
same will be produced.
For each expert, please produce copies of any and all reports, notes, summaries and
outlines, including but not limited to, any and all documentation written or generated by the expert
in the course of their analysis or this matter.
RESPONSE:
See Drs. Eric Kramer and Ronald B. Tolchin’s previously produced expert
reports.
GREER V. MMMC, ET AL
CASE NO: 2019-CA-000015
6. For each expert, please provide a list of trial testimony and/or depositions given in
the last seven (7) years including case name, case number, forum or date(s), whether for
defense/plaintiff.
RESPONSE:
See Dr. Fischell’s deposition taken on January 22, 2020.
See Dr. Klancke’s deposition taken on November 15, 2019.
As for the experts who have not yet been deposed, this information can be
easily obtained at their depositions.
7
For each expert, please produce copies of three (3) publications, texts or
presentations which they have authored or given in the last ten (10) years which he/she believes
most closely addresses the, issues in this case about which they will offer opinions.
RESPONSE:
Not Applicable. In the spirit of cooperation, this information can be easily
obtained at the experts’ depositions.
For each expert, full report and summary of intended testimony in this action.
RESPONSE:
See response to request number 5, above.
GREER V. MMMC, ET AL
CASE NO: 2019-CA-000015
CERTIFICATE OF SERVICE
WE HEREBY CERTIFY that on this 12" day of November, 2020, a copy of the foregoing
was served via the Florida Courts E-Portal/E-Mail upon the parties on the attached service list.
STEARNS WEAVER MILLER
WEISSLER ALHADEFF & SITTERSON, P.A.
Attorneys for Martin Memorial Medical Center, Inc.
d/b/a Martin Medical Center
200 East Las Olas Blvd., Suite 2100
Fort Lauderdale, FL 33301
Phone: (954) 462-9500
Fax: (954) 462-9567
eT
L
THOMAS G. AU! B / ESQ:
FBN: 008060
taubin@stearnsweaver.com
MATTHEW S. PODOLNICK, ESQ
FBN: 112126
mpodolnick@stearnsweaver.com
SERVICE LIST
Peter J. Somera Jr., Esq. Keith J. Puya, Esq.
Paul M. Silva, M.D., Esq. Hector R. Buigas, Esq.
Somera & Silva, LLP Law Offices of Keith J. Puya, P.A.
2255 Glades Road, Suite 232W 4880 Donald Ross Road, Suite 225
Boca Raton, FL 33431 Palm Beach Gardens, FL 33418
Phone: (561) 981-8881 Phone: (561) 408-3772
Fax: (561) 981-8887 Fax: (561) 408-3759
pleadings@somerasilva.com service@puyalaw.com
litigation@somerasilva.com Attorneys for Defendants Kunal Chaudhry,
Attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart,
PA.
Dinah Stein, Esq. Adam Richardson, Esq.
Hicks, Poerter, Ebenfeld & Stein Bard D. Rockenbach, Esq.
799 Brickell Plaza, 9'" Floor Burlington & Rockenbach, P.A.
Miami, FL 33131 444 West Railroad Avenue
Phone: (305) 375-8171 West Palm Beach, FL 33401
dstein@mhickslaw.com Tel: 561-721-0400
Attorneys for Defendants Kunal Chaudhry, ir@FLAppellateLaw.com
M.D. and Cardiology Associates of Stuart, bdr@FLAppellateLaw.com
P.A, fa@FLAj ellateLaw.com
Appellate attorneys for Plaintiffs
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Filing # 116546925 E-Filed 11/12/2020 11:39:33 AM IN THE CIRCUIT COURT OF THE 19" JUDICIAL CIRCUIT IN AND FOR MARTIN COUNTY, FLORIDA CASE NO: 2019-CA-000015 FREDERIC CHARLES GREER, III, and MELISSA ANNE GREER, as Husband and Wife, and FREDERIC CHARLES GREER, III and MELISSA ANNE GREER, individually, Plaintiffs, VS. MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER, a Florida Corporation; KUNAL CHAUDHRY, M.D. 65 and CARDIOLOGY ASSOCIATES OF STUART, P.A., a Florida profit corporation, Defendants. / DEFENDANT, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER’S RESPONSES TO PLAINTIFFS’ EXPERT REQUEST FOR PRODUCTION DATED OCTOBER 12, 2020 Defendant, MARTIN MEMORIAL MEDICAL CENTER, INC. d/b/a MARTIN MEDICAL CENTER (hereinafter “MMMC”), by and through the undersigned counsel hereby files its Responses to Plaintiffs’ Expert Request for Production dated October 12, 2020, as follows: Electronically Filed Martin 11/12/2020 11:39 AM GREER V. MMMC, ET AL. CASE NO: 2019-CA-000015 GE L OBJECTIONS All of Defendant’s Responses to Plaintiffs’ Expert Request for Production are subject to these General Objections, which General Objections are incorporated into each of Defendant’s responses as if restated fully therein. Failure to specifically reference these General Objections, or a portion thereof, should not be construed as waiver of any General Objection or the General Objections generally. 1 Defendant objects to each request to the extent that they seek information and/or documents protected from disclosure under the attorney-client privilege, settlement, or other privilege or by the attorney work-product doctrine. If any such information and/or documents are disclosed, except pursuant to a specific written agreement covering such information and/or documents and, the disclosure shall be deemed inadvertent and is not intended to waive or prejudice any applicable privilege or immunity from disclosure. 2. Defendant’s Responses to Plaintiffs’ First Request for Production are based on its understanding and interpretation thereof. To the extent Defendant later asserts a different understanding, Defendant reserves its right to supplement or amend its responses. 3 Defendant has not completed its investigation of the facts relating to this case, has not fully completed the discovery in this action, and has not completed the preparation of this case for trial. All of the responses contained herein are based only upon such information and documents as are presently available and specifically known to Defendant, and disclose only those matters that presently occur to Defendant. It is anticipated that further discovery, investigation, legal research, and analyses will supply additional facts, add meaning to known facts, as well as establish entirely new factual conclusions and legal contentions, all of which may lead to substantial additions to, changes in, and variations from the contentions herein set forth. The following written responses are given without prejudice to Defendant's right to produce evidence of any facts or documents that Defendant may later recall or discover. Defendant accordingly reserves the right to change any and all responses herein as additional facts are ascertained, analyses are made, legal research is completed, and contentions are made. The responses contained herein are made in a good faith effort to supply as much factual information and as much specification of legal contention as is presently known, but are in no way to the prejudice of Defendant to amend or supplement the responses upon further discovery, investigation, research or analysis. GREER V. MMMC, ET AL CASE NO: 2019-CA-000015 4 Except for facts explicitly admitted herein, no admission of any nature whatsoever is implied by, or to be inferred from, the responses. 5 Defendant makes all of the objections contained herein, including its General Objections and Specific Objections, while reserving the right to make additional objections as may be deemed appropriate upon further review of information and/or documents. GREER V. MMMC, ET AL CASE NO: 2019-CA-000015 MMMC RESPONSES TO PLAINTIFFS’ EXPERT REQUEST FOR PRODUCTION 1 Copy of the curriculum vitae for each expert you intend to call at trial. RESPONSE: Attached herewith are the following Curriculum Vitae from the following experts: a. Dominique Bradford, RN, RCIS, 1V, CVN (MMMC-005970-005971) Stephen Durham, Ph.D. (MMMC -005972-005973) Timothy Fischell, M.D. (MMMC-005974-006010) Kim Klancke, M.D. (MMMC-006011-006022) Eric D. Kramer, M.D. (MMMC-006023-006033) Tomas D. Martin, M.D. (MMMC-006034-006052) Joel Meyer, M.D. (MMMC-006053-006075) h Robert F. Padera, M.D., Ph.D. (MMMC-006076-006111) Ronald B. Tolchin, D.O. (MMMC-006112-006126) Copy of payment schedule and/or billing rates for each expert RESPONSE: a. Nurse Bradford Review of medical records: $150.00 p/h Deposition attendance: $200.00 p/h Trial attendance: $200.00 p/h b. Stephen Durham, Ph.D. See attached (MMMC-006127) GREER V. MMMC, ET AL CASE NO: 2019-CA-000015 Timothy Fischell, M.D. To be provided by counsel for Dr. Chaudhry d Kim Klancke, M.D. See attached (MMMC-006128) Eric D. Kramer, M.D. To be provided by counsel for Dr. Chaudhry Tomas D. Martin, M.D. See attached (MMMC-006129) Joel Meyer, M.D. To be provided. Robert F. Padera, M.D., Ph.D. $400.00 p/h Ronald B. Tolchin, D.O. See attached (MMMC-006130-006131) 3 Copy of all bills and correspondence between each expert and Respondent's counsel in this case. RESPONSE: a Dominique Bradford, RN, RCIS, IV, CVN Nurse Bradford has been paid $4,725.00 to date. See attached (MMMC- 006132, 006139). Also attached are redacted emails and correspondence exchanged between this office and the expert (MMMC-006133-006150). See Privilege Log E-filed contemporaneously with these responses. b Stephen Durham, Ph.D. Dr. Durham has been paid $6,542.02 to date. See attached (MMMC- 006151-006154), Also attached are various emails and correspondence exchanged between this office and the expert (MMMC-006155-006156). Timothy Fischell, M.D. No payment has been made to date. Also attached is a letter to the expert (MMMC-006168). Kim Klancke, M.D. No payment has been made to date. Also attached is a letter to the expert (MMMC-006169). GREER V. MMMC, ET AL “ASE NO: 2019-CA-000015 Eric D. Kramer, M.D. No payment has been made to date. No correspondence to this expert. Tomas D. Martin, M.D. Dr. Martin has been paid $1,500.00 to date. See attached invoice (MMMC-006191), various emails and correspondence exchanged between this office and the expert (MMMC-006170-006311). Joel Meyer, M.D. Dr. Meyer has been paid $4,500.00 to date. See attached invoice (MMMC-006312), redacted emails and correspondence exchanged between this office and the expert (MMMC-006313-006372). See Privilege Log E-filed contemporancously with these responses. Robert F. Padera, M.D., Ph.D. Dr. Padera has been paid $2,200.00 to date. See attached invoice (MMMC-006373), emails and correspondence exchanged between this office and the expert (MMMC-006374-006449). Ronald B. Tolchin, D.O. Dr. Tolchin has been paid $6,650.00 to date. See attached invoice (MMMC-006450-006451), emails and correspondence exchanged between this office and the expert (MMMC-006452-006537). 4 Copies of any materials reviewed by each expert in this case. For all materials produced to this defendant in discovery and for all deposition transcripts, such materials do not need to be produced, but please list the same. RESPONSE: A list of all materials reviewed by each expert has been provided. See MMMC’s Answers to Plaintiffs’ Expert Interrogatories E-filed on November 9, 2020. If there are any items listed therein that are needed, please advise and same will be produced. For each expert, please produce copies of any and all reports, notes, summaries and outlines, including but not limited to, any and all documentation written or generated by the expert in the course of their analysis or this matter. RESPONSE: See Drs. Eric Kramer and Ronald B. Tolchin’s previously produced expert reports. GREER V. MMMC, ET AL CASE NO: 2019-CA-000015 6. For each expert, please provide a list of trial testimony and/or depositions given in the last seven (7) years including case name, case number, forum or date(s), whether for defense/plaintiff. RESPONSE: See Dr. Fischell’s deposition taken on January 22, 2020. See Dr. Klancke’s deposition taken on November 15, 2019. As for the experts who have not yet been deposed, this information can be easily obtained at their depositions. 7 For each expert, please produce copies of three (3) publications, texts or presentations which they have authored or given in the last ten (10) years which he/she believes most closely addresses the, issues in this case about which they will offer opinions. RESPONSE: Not Applicable. In the spirit of cooperation, this information can be easily obtained at the experts’ depositions. For each expert, full report and summary of intended testimony in this action. RESPONSE: See response to request number 5, above. GREER V. MMMC, ET AL CASE NO: 2019-CA-000015 CERTIFICATE OF SERVICE WE HEREBY CERTIFY that on this 12" day of November, 2020, a copy of the foregoing was served via the Florida Courts E-Portal/E-Mail upon the parties on the attached service list. STEARNS WEAVER MILLER WEISSLER ALHADEFF & SITTERSON, P.A. Attorneys for Martin Memorial Medical Center, Inc. d/b/a Martin Medical Center 200 East Las Olas Blvd., Suite 2100 Fort Lauderdale, FL 33301 Phone: (954) 462-9500 Fax: (954) 462-9567 eT L THOMAS G. AU! B / ESQ: FBN: 008060 taubin@stearnsweaver.com MATTHEW S. PODOLNICK, ESQ FBN: 112126 mpodolnick@stearnsweaver.com SERVICE LIST Peter J. Somera Jr., Esq. Keith J. Puya, Esq. Paul M. Silva, M.D., Esq. Hector R. Buigas, Esq. Somera & Silva, LLP Law Offices of Keith J. Puya, P.A. 2255 Glades Road, Suite 232W 4880 Donald Ross Road, Suite 225 Boca Raton, FL 33431 Palm Beach Gardens, FL 33418 Phone: (561) 981-8881 Phone: (561) 408-3772 Fax: (561) 981-8887 Fax: (561) 408-3759 pleadings@somerasilva.com service@puyalaw.com litigation@somerasilva.com Attorneys for Defendants Kunal Chaudhry, Attorneys for Plaintiffs M.D. and Cardiology Associates of Stuart, PA. Dinah Stein, Esq. Adam Richardson, Esq. Hicks, Poerter, Ebenfeld & Stein Bard D. Rockenbach, Esq. 799 Brickell Plaza, 9'" Floor Burlington & Rockenbach, P.A. Miami, FL 33131 444 West Railroad Avenue Phone: (305) 375-8171 West Palm Beach, FL 33401 dstein@mhickslaw.com Tel: 561-721-0400 Attorneys for Defendants Kunal Chaudhry, ir@FLAppellateLaw.com M.D. and Cardiology Associates of Stuart, bdr@FLAppellateLaw.com P.A, fa@FLAj ellateLaw.com Appellate attorneys for Plaintiffs