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**** CASE NUMBER: 502024CA005871XXXAMB Div: AJ ****
Filing # 201192858 E-Filed 06/24/2024 02:05:06 PM
IN THE 15TH JUDICIAL CIRCUIT COURT
IN AND FOR PALM BEACH COUNTY, FLORIDA
EDWARD EBERTS, as Personal
Representative of the Estate of ELIZABETH
EBERTS,
Case No.:
Plaintiff,
v.
BOYNTON BEACH OPCO, LLC, d/b/a
DISCOVERY VILLAGE AT BOYNTON BEACH AL,
and GUARDIAN PHARMACY, LLC,
d/b/a GUARDIAN PHARMACY SERVICES,
Defendants.
_________________________________________/
PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT GUARDIAN
PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES
Plaintiff, EDWARD EBERTS, as Personal Representative of the Estate of
ELIZABETH EBERTS, by and through undersigned counsel and pursuant to Florida Rule
of Civil Procedure 1.351, requests that Defendant GUARDIAN PHARMACY, LLC, d/b/a
GUARDIAN PHARMACY SERVICES, produce to the undersigned the following
documents within the time period set forth in said Rule:
(Note: “You” refers to the Defendant upon whom these Requests are served, as well as
its employees, agents, representatives, or anyone acting on its behalf.)
1. Complete and legible photocopies of each and every record concerning
ELIZABETH EBERTS, including but not limited to records, reports, correspondence,
notes, pharmacy records, photographs, reports, and any other document and/or tangible
item relevant to the medical history and/or treatment of ELIZABETH EBERTS.
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FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/24/2024 02:05:06 PM
2. Any and all insurance policies, declaration pages, endorsements, etc. that
may be applicable to this case. Please provide complete copies of all documentation.
3. Any and all indemnity agreements that may be applicable to this case.
4. Any and all documentation, e-mails, text messages, notes, memoranda,
and correspondence between any agent, employee, or representative of GUARDIAN
PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and ELIZABETH
EBERTS.
5. Any and all documentation, e-mails, text messages, notes, memoranda,
and correspondence between any agent, employee, or representative of GUARDIAN
PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any family member
or agent of ELIZABETH EBERTS.
6. Any and all documentation, e-mails, text messages, notes, memoranda,
and correspondence between any agent, employee, or representative of GUARDIAN
PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any employee,
agent, or representative of Discovery Village at Boynton Beach or BOYNTON BEACH
OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL regarding
ELIZABETH EBERTS.
7. Any and all documentation, e-mails, text messages, notes, memoranda,
and correspondence between any agent, employee, or representative of GUARDIAN
PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any other medical
provider regarding ELIZABETH EBERTS.
8. Any and all contracts or written agreements between you and BOYNTON
BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL, which
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were in effect in August and/or September, 2023.
9. Any and all contracts or written agreements between you and ELIZABETH
EBERTS which were in effect in August and/or September, 2023.
10. Any and all rules, policies, procedures, guidelines, etc., that were in effect
in August and/or September 2023 at Guardian Pharmacy, LLC, related to any of the
following:
a. Assisted living facility pharmacy services;
b. Medications (including, without limitation, medication administration,
medication management, and prescription refills);
c. Blood thinners;
d. Facility communication;
e. Physician communication.
11. Any and all documentation, e-mails, text messages, notes, memoranda,
and correspondence between the Plaintiff and/or ELIZABETH EBERTS any other person
and which are in your possession, custody, or control.
12. A complete itemized billing for all services rendered relative to ELIZABETH
EBERTS.
13. All reports prepared by any experts expected to testify on behalf of the
Defendant at the trial in this matter and all documents used by said experts in forming
their opinions.
14. All documents, transcripts, writings, correspondence, text messages, e-
mails, photographs, and recordings of any kind of or from the Plaintiff and/or ELIZABETH
EBERTS.
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15. Any and all medical publications, articles, books, or other materials that you
claim support any opinion that your employees or agents did not deviate from the standard
of care in treating the Plaintiff.
16. Copies of any and all documents signed by and/or on behalf of ELIZABETH
EBERTS.
17. Copies of any and all surveillance recordings, photographs and reports
pertaining to the Plaintiff and/or ELIZABETH EBERTS.
18. Copies of any and all photographs and recordings of the Plaintiff and/or
ELIZABETH EBERTS at any time.
19. Any and all witness statements regarding any of the incidents described in
the Complaint.
20. Copies of any letters, correspondence, e-mail correspondence, from any
patient and his/her legal representative that placed you on notice of a possible pharmacy
malpractice claim in the last five years (with patient’s name redacted).
21. All documents, including, but not limited to, all policies, rules, regulations,
procedures, protocols, guidelines, standards, training manuals, instructions, pamphlets
and/or any other written material applicable to your care of, and/or the services you
provided to, ELIZABETH EBERTS.
22. The complete Table of Contents for any and all policy and procedure
manuals and/or rulebooks which were in force and effect at Guardian Pharmacy Services
in July through September, 2023.
23. Any and all correspondence (including but not limited to e-mails, letters,
messages, text messages, memos, etc.) between you and any person other than your
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attorneys pertaining to ELIZABETH EBERTS.
24. Any records made or received in the course of business relating to any
adverse medical incident regarding ELIZABETH EBERTS, including but not limited to
medical negligence, intentional misconduct, and any other act, neglect, or default of a
health care facility or health care provider that caused or could have caused injury to or
death of a patient, including, but not limited to, those incidents that are required by state
or federal law to be reported to any governmental agency or body, and incidents that are
reported to or reviewed by any health care facility peer review, risk management, quality
assurance, credentials, or similar committee, or any representative of any such
committees.
25. Any records made or received in the course of business relating to any
adverse medical incident that you have been involved in, including but not limited to
medical negligence, intentional misconduct, and any other act, neglect, or default of a
health care facility or health care provider that caused or could have caused injury to or
death of a patient, including, but not limited to, those incidents that are required by state
or federal law to be reported to any governmental agency or body, and incidents that are
reported to or reviewed by any health care facility peer review, risk management, quality
assurance, credentials, or similar committee, or any representative of any such
committees.
26. Any and all reports filed with any state or federal agency and/or regulatory
body regarding ELIZABETH EBERTS.
27. Any and all documents received from any state or federal agency and/or
regulatory body regarding ELIZABETH EBERTS.
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28. Any and all reports of any investigations performed pertaining to
ELIZABETH EBERTS.
29. Copies of all applications and renewal of applications for any medical
malpractice liability insurance policies for the last ten years.
30. Copies of all applications and renewal of applications for any medical
malpractice liability insurance policies for the last ten years.
31. A copy of the facility work schedule for Discovery Village at Boynton Beach
for the two week period prior to September 20, 2023.
32. Any and all organizational charts of GUARDIAN PHARMACY, LLC, d/b/a
GUARDIAN PHARMACY SERVICES.
33. Any and all lawsuits that have been filed against GUARDIAN PHARMACY,
LLC, d/b/a GUARDIAN PHARMACY SERVICES in the last five (5) years.
34. Any and all Notices of Intent that you have received within the last five (5)
years, redacted as to patient’s name and personal information only.
35. Any and all documents, pamphlets, booklets, promotional materials, and
educational materials you and/or your agents or employees provided to ELIZABETH
EBERTS and/or any family member or representative of ELIZABETH EBERTS.
36. The articles of incorporation for GUARDIAN PHARMACY, LLC, d/b/a
GUARDIAN PHARMACY SERVICES, and any addenda thereto.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon
the Defendant together with the Summons and Complaint.
THE GRIFE LAW FIRM, P.A.
Attorneys for Plaintiff
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The Atrium at Broken Sound
6111 Broken Sound Pkwy NW, Suite 300
Boca Raton, FL 33487
By: /s Catherine C. Darlson
MICHAEL K. GRIFE.
Florida Bar No. 016583
Catherine C. Darlson
Florida Bar No. 112440
Telephone: (561) 998-0770
Facsimile: (561) 998-0778
Primary Email: mike@thegrifelawfirm.com
Secondary Email: catherine@thegrifelawfirm.com
Secondary Email: maria@thegrifelawfirm.com
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Preview
**** CASE NUMBER: 502024CA005871XXXAMB Div: AJ **** Filing # 201192858 E-Filed 06/24/2024 02:05:06 PM IN THE 15TH JUDICIAL CIRCUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA EDWARD EBERTS, as Personal Representative of the Estate of ELIZABETH EBERTS, Case No.: Plaintiff, v. BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL, and GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, Defendants. _________________________________________/ PLAINTIFF’S FIRST REQUEST FOR PRODUCTION TO DEFENDANT GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES Plaintiff, EDWARD EBERTS, as Personal Representative of the Estate of ELIZABETH EBERTS, by and through undersigned counsel and pursuant to Florida Rule of Civil Procedure 1.351, requests that Defendant GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, produce to the undersigned the following documents within the time period set forth in said Rule: (Note: “You” refers to the Defendant upon whom these Requests are served, as well as its employees, agents, representatives, or anyone acting on its behalf.) 1. Complete and legible photocopies of each and every record concerning ELIZABETH EBERTS, including but not limited to records, reports, correspondence, notes, pharmacy records, photographs, reports, and any other document and/or tangible item relevant to the medical history and/or treatment of ELIZABETH EBERTS. 1 FILED: PALM BEACH COUNTY, FL, JOSEPH ABRUZZO, CLERK, 06/24/2024 02:05:06 PM 2. Any and all insurance policies, declaration pages, endorsements, etc. that may be applicable to this case. Please provide complete copies of all documentation. 3. Any and all indemnity agreements that may be applicable to this case. 4. Any and all documentation, e-mails, text messages, notes, memoranda, and correspondence between any agent, employee, or representative of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and ELIZABETH EBERTS. 5. Any and all documentation, e-mails, text messages, notes, memoranda, and correspondence between any agent, employee, or representative of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any family member or agent of ELIZABETH EBERTS. 6. Any and all documentation, e-mails, text messages, notes, memoranda, and correspondence between any agent, employee, or representative of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any employee, agent, or representative of Discovery Village at Boynton Beach or BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL regarding ELIZABETH EBERTS. 7. Any and all documentation, e-mails, text messages, notes, memoranda, and correspondence between any agent, employee, or representative of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any other medical provider regarding ELIZABETH EBERTS. 8. Any and all contracts or written agreements between you and BOYNTON BEACH OPCO, LLC, d/b/a DISCOVERY VILLAGE AT BOYNTON BEACH AL, which 2 were in effect in August and/or September, 2023. 9. Any and all contracts or written agreements between you and ELIZABETH EBERTS which were in effect in August and/or September, 2023. 10. Any and all rules, policies, procedures, guidelines, etc., that were in effect in August and/or September 2023 at Guardian Pharmacy, LLC, related to any of the following: a. Assisted living facility pharmacy services; b. Medications (including, without limitation, medication administration, medication management, and prescription refills); c. Blood thinners; d. Facility communication; e. Physician communication. 11. Any and all documentation, e-mails, text messages, notes, memoranda, and correspondence between the Plaintiff and/or ELIZABETH EBERTS any other person and which are in your possession, custody, or control. 12. A complete itemized billing for all services rendered relative to ELIZABETH EBERTS. 13. All reports prepared by any experts expected to testify on behalf of the Defendant at the trial in this matter and all documents used by said experts in forming their opinions. 14. All documents, transcripts, writings, correspondence, text messages, e- mails, photographs, and recordings of any kind of or from the Plaintiff and/or ELIZABETH EBERTS. 3 15. Any and all medical publications, articles, books, or other materials that you claim support any opinion that your employees or agents did not deviate from the standard of care in treating the Plaintiff. 16. Copies of any and all documents signed by and/or on behalf of ELIZABETH EBERTS. 17. Copies of any and all surveillance recordings, photographs and reports pertaining to the Plaintiff and/or ELIZABETH EBERTS. 18. Copies of any and all photographs and recordings of the Plaintiff and/or ELIZABETH EBERTS at any time. 19. Any and all witness statements regarding any of the incidents described in the Complaint. 20. Copies of any letters, correspondence, e-mail correspondence, from any patient and his/her legal representative that placed you on notice of a possible pharmacy malpractice claim in the last five years (with patient’s name redacted). 21. All documents, including, but not limited to, all policies, rules, regulations, procedures, protocols, guidelines, standards, training manuals, instructions, pamphlets and/or any other written material applicable to your care of, and/or the services you provided to, ELIZABETH EBERTS. 22. The complete Table of Contents for any and all policy and procedure manuals and/or rulebooks which were in force and effect at Guardian Pharmacy Services in July through September, 2023. 23. Any and all correspondence (including but not limited to e-mails, letters, messages, text messages, memos, etc.) between you and any person other than your 4 attorneys pertaining to ELIZABETH EBERTS. 24. Any records made or received in the course of business relating to any adverse medical incident regarding ELIZABETH EBERTS, including but not limited to medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient, including, but not limited to, those incidents that are required by state or federal law to be reported to any governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review, risk management, quality assurance, credentials, or similar committee, or any representative of any such committees. 25. Any records made or received in the course of business relating to any adverse medical incident that you have been involved in, including but not limited to medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient, including, but not limited to, those incidents that are required by state or federal law to be reported to any governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review, risk management, quality assurance, credentials, or similar committee, or any representative of any such committees. 26. Any and all reports filed with any state or federal agency and/or regulatory body regarding ELIZABETH EBERTS. 27. Any and all documents received from any state or federal agency and/or regulatory body regarding ELIZABETH EBERTS. 5 28. Any and all reports of any investigations performed pertaining to ELIZABETH EBERTS. 29. Copies of all applications and renewal of applications for any medical malpractice liability insurance policies for the last ten years. 30. Copies of all applications and renewal of applications for any medical malpractice liability insurance policies for the last ten years. 31. A copy of the facility work schedule for Discovery Village at Boynton Beach for the two week period prior to September 20, 2023. 32. Any and all organizational charts of GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES. 33. Any and all lawsuits that have been filed against GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES in the last five (5) years. 34. Any and all Notices of Intent that you have received within the last five (5) years, redacted as to patient’s name and personal information only. 35. Any and all documents, pamphlets, booklets, promotional materials, and educational materials you and/or your agents or employees provided to ELIZABETH EBERTS and/or any family member or representative of ELIZABETH EBERTS. 36. The articles of incorporation for GUARDIAN PHARMACY, LLC, d/b/a GUARDIAN PHARMACY SERVICES, and any addenda thereto. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was served upon the Defendant together with the Summons and Complaint. THE GRIFE LAW FIRM, P.A. Attorneys for Plaintiff 6 The Atrium at Broken Sound 6111 Broken Sound Pkwy NW, Suite 300 Boca Raton, FL 33487 By: /s Catherine C. Darlson MICHAEL K. GRIFE. Florida Bar No. 016583 Catherine C. Darlson Florida Bar No. 112440 Telephone: (561) 998-0770 Facsimile: (561) 998-0778 Primary Email: mike@thegrifelawfirm.com Secondary Email: catherine@thegrifelawfirm.com Secondary Email: maria@thegrifelawfirm.com 7