On February 12, 2020 a
Party Discovery
was filed
involving a dispute between
P,
Patterson, Olivia,
and
Ballester, M.D., Ashley,
Bellamy, D.O., Meredith,
Johnson, M.D., Cheryl,
Summa Health, Dba Summa Health Sys.-Akron,
Summa Physicians, Inc.,
for MEDICAL MALPRACTICE
in the District Court of Summit County.
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CV-2020-02-0578 ROWLANDS, MARY MARGARET 10/05/2023 06:55:07 AM ORD-MAOR Page 1 of 2
IN THE COURT OF COMMON PLEAS
COUNTY OF SUMMIT
MICHAEL RENNE, as Guardian. ) CASE NO. CV-2020-02-0578
)
Plaintiff ) JUDGE MARY MARGARET
-vs- ) ROWLANDS
) MAGISTRATE MARTHA L. HOM
SUMMA HEALTH, et al. )
)
Defendant ) MAGISTRATE’S ORDER
)
)
- - -
This matter was before the Magistrate for a discovery status conference on August 1,
2023. Present was Attorney Edward Aucoin, Jr. on behalf of Plaintiff, and Attorneys Emily
Yoder and Gregory Rossi on behalf of Defendants.
It is ORDERED:
Summa, Interrogatory #s: 5, 6, Dr. Johnson #4s, 5, 6; Dr. Ballester #s 4, 5, 6
These interrogatories address Defendants’ contention that others may have been
negligent. Defendants response directed Plaintiff to review the medical records,
however, the medical records are not responsive. Defendants shall respond within
fourteen days from the date this order is filed and Defendants shall have an ongiong
duty to supplement their responses.
Summa Interrogatory #12
This interrogatory is overbroad, requests information from the hospital with no date
range, and seeks claims not limited to lawsuits filed. Defendant is not required to
respond to this Interrogatory.
Dr. Johnson Interrogatory # 14, 19; Dr. Ballester #14, 19
These interrogatories shall be answered within fourteen days from the date this order is
filed.
Summa Interrogatory #13, 30; RPD 17, 18, 19, 57, 58, 59
Dr. Johnson RPD# 52
Defendants objected based on peer review privilege. Defendants must establish the
existence of a committee that meets the statutory definition of ‘peer review committee’
contained in R.C. 2305.25(E), and show that each of the responses/documents it refuses
to produce is a “record within the scope of a peer review committee.” Defendants must
provide evidence as to the specific documents requested, not generalities regarding the
types of documents usually contained in a peer-review committee's records.
Defendants must submit a privilege log with sufficient detail in support of its assertion
of attorney-client privilege and work product.
Sandra Kurt, Summit County Clerk of Courts
CV-2020-02-0578 ROWLANDS, MARY MARGARET 10/05/2023 06:55:07 AM ORD-MAOR Page 2 of 2
Dr. Johnson Interrogatory #31; Dr. Ballester Interrogatory #31
Defendants shall answer this interrogatory to the extent that there is literature relied on
by the answering Defendant regarding standard of care or causation, which will be used
at trial. To the extent that Plaintiff seeks literature Defendant’s expert will use to
support his/her opinions, this interrogatory shall be supplemented.
Plaintiff shall make L.P. available for a video recorded meet and greet. The parties
discussed having L.P.’s parent bring L.P. out towards the end of the other parent’s deposition for a few
minutes to observe L.P.’s abilities, such as walking, moving his arms, and talking. Plaintiff did not
object to the limited scope of the video recorded meet and greet. The video shall not be used as a
substitute for an Independent Medical Examination and may be viewed by Defendant’s experts.
Discovery documents filed with the Court shall be filed under seal.
IT IS SO ORDERED.
______________
MAGISTRATE MARTHA L. HOM
Any party may file a motion with the Court to set aside a magistrate’s order. The motion shall
state the moving party’s reasons with particularity and shall be filed not later than ten days after
the magistrate’s order is filed. The pendency of a motion to set aside does not stay the
effectiveness of the magistrate’s order, though the magistrate or the court may by order stay the
effectiveness of a magistrate’s order. Civ. R. 53(D)(2)(b)
CC: JUDGE MARY MARGARET ROWLANDS
ATTORNEY PAMELA PANTAGES
ATTORNEY GREGORY T. ROSSI
ATTORNEY ROCCO D. POTENZA
ATTORNEY EMILY YODER
Sandra Kurt, Summit County Clerk of Courts
Document Filed Date
October 05, 2023
Case Filing Date
February 12, 2020
Category
MEDICAL MALPRACTICE
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CV-2020-02-0578 ROWLANDS, MARY MARGARET 10/05/2023 06:55:07 AM ORD-MAOR Page 1 of 2 IN THE COURT OF COMMON PLEAS COUNTY OF SUMMIT MICHAEL RENNE, as Guardian. ) CASE NO. CV-2020-02-0578 ) Plaintiff ) JUDGE MARY MARGARET -vs- ) ROWLANDS ) MAGISTRATE MARTHA L. HOM SUMMA HEALTH, et al. ) ) Defendant ) MAGISTRATE’S ORDER ) ) - - - This matter was before the Magistrate for a discovery status conference on August 1, 2023. Present was Attorney Edward Aucoin, Jr. on behalf of Plaintiff, and Attorneys Emily Yoder and Gregory Rossi on behalf of Defendants. It is ORDERED: Summa, Interrogatory #s: 5, 6, Dr. Johnson #4s, 5, 6; Dr. Ballester #s 4, 5, 6 These interrogatories address Defendants’ contention that others may have been negligent. Defendants response directed Plaintiff to review the medical records, however, the medical records are not responsive. Defendants shall respond within fourteen days from the date this order is filed and Defendants shall have an ongiong duty to supplement their responses. Summa Interrogatory #12 This interrogatory is overbroad, requests information from the hospital with no date range, and seeks claims not limited to lawsuits filed. Defendant is not required to respond to this Interrogatory. Dr. Johnson Interrogatory # 14, 19; Dr. Ballester #14, 19 These interrogatories shall be answered within fourteen days from the date this order is filed. Summa Interrogatory #13, 30; RPD 17, 18, 19, 57, 58, 59 Dr. Johnson RPD# 52 Defendants objected based on peer review privilege. Defendants must establish the existence of a committee that meets the statutory definition of ‘peer review committee’ contained in R.C. 2305.25(E), and show that each of the responses/documents it refuses to produce is a “record within the scope of a peer review committee.” Defendants must provide evidence as to the specific documents requested, not generalities regarding the types of documents usually contained in a peer-review committee's records. Defendants must submit a privilege log with sufficient detail in support of its assertion of attorney-client privilege and work product. Sandra Kurt, Summit County Clerk of Courts CV-2020-02-0578 ROWLANDS, MARY MARGARET 10/05/2023 06:55:07 AM ORD-MAOR Page 2 of 2 Dr. Johnson Interrogatory #31; Dr. Ballester Interrogatory #31 Defendants shall answer this interrogatory to the extent that there is literature relied on by the answering Defendant regarding standard of care or causation, which will be used at trial. To the extent that Plaintiff seeks literature Defendant’s expert will use to support his/her opinions, this interrogatory shall be supplemented. Plaintiff shall make L.P. available for a video recorded meet and greet. The parties discussed having L.P.’s parent bring L.P. out towards the end of the other parent’s deposition for a few minutes to observe L.P.’s abilities, such as walking, moving his arms, and talking. Plaintiff did not object to the limited scope of the video recorded meet and greet. The video shall not be used as a substitute for an Independent Medical Examination and may be viewed by Defendant’s experts. Discovery documents filed with the Court shall be filed under seal. IT IS SO ORDERED. ______________ MAGISTRATE MARTHA L. HOM Any party may file a motion with the Court to set aside a magistrate’s order. The motion shall state the moving party’s reasons with particularity and shall be filed not later than ten days after the magistrate’s order is filed. The pendency of a motion to set aside does not stay the effectiveness of the magistrate’s order, though the magistrate or the court may by order stay the effectiveness of a magistrate’s order. Civ. R. 53(D)(2)(b) CC: JUDGE MARY MARGARET ROWLANDS ATTORNEY PAMELA PANTAGES ATTORNEY GREGORY T. ROSSI ATTORNEY ROCCO D. POTENZA ATTORNEY EMILY YODER Sandra Kurt, Summit County Clerk of Courts