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Filing # 82381019 E-Filed 12/19/2018 05:54:26 PM
CASE NO: CACE14014218 (04)
MLS/SDS (173532)
IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FLORIDA.
CASE NO: CACE14014218 (04)
KHAI NGUYEN, individually, and as
Personal Representative of the Estate
of MAI TUYET NGUYEN, deceased and
on behalf of KRISTEN HUYNH, KYLIE
NGUYEN, KADEN NGUYEN and as the
Natural parent of KADEN NGUYEN, a
Minor,
Plaintiffs,
vs.
PLANTATION GENERAL HOSPITAL, L.P., d/b/a
PLANTATION GENERAL HOSPITAL; ALEX
BIRMAN, M.D.; SUNLIFE OB/GYN SERVICES
OF FORT LAUDERDALE, P.A.; GEORGES
EDOUARD, M.D.; GEORGES EDOUARD, M.D.,
P.A., d/b/a PLANTATION PAVILION OB/GYN;
MELISSA MACHAN, ARNP; ROBERTA
SANTINI, M.D.; DORI RATHBUN; FLORIDA
UNITED RADIOLOGY, L.C.,
Defendants.
/
DEFENDANTS’ MOTION TO COMPEL PLAINTIFF TO PROVIDE BETTER
RESPONSES TO EXPERT REQUEST FOR PRODUCTION AND TO PROVIDE
ANSWERS TO OUTSTANDING EXPERT INTERROGATORIES
Defendants, PLANTATION GENERAL HOSPITAL, LP. d/b/a PLANTATION
GENERAL HOSPITAL and DORI RATHBUN, by and through their undersigned counsel, and
1
LaCava & Jacobson, P.A., 4901 N. W. 17% Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/19/2018 5:54:25 PM.****CASE NO: CACE14014218 (04)
pursuant to Florida Rules of Civil Procedure 1.380, hereby move the Court for an Order compelling
Plaintiffs’ to provide better responses to Defendants’ Expert Request for Production and to provide
answers to outstanding Expert Interrogatories, served on April 20, 2018, and as grounds therefore
states as follows:
1. On November 8, 2017, Defendants conducted the deposition of Plaintiffs expert
witness, Dr. Fernando Miranda.
2. The Notice of Taking Deposition requested Dr. Miranda to produce, among other
things, copies of the following:
i. All retainers, agreements, time records, diaries, and bills prepared and
rendered in connection with your investigation and evaluation of the issues
involved in this litigation”.
li, The Complete file in connection with your investigation and evaluation of
the issues involved in this litigation.
iii. Reports by experts to counsel which are not subject to privileges under
Florida Statutes 766.101 et seq.
A copy of the Notice of Taking Deposition is attached hereto as Exhibit “A”.
3. Dr. Miranda testified at deposition that he billed the Nguyen family for his care and
treatment provided, did not have a copy of the invoice in his possession, and would produce to
defense counsel upon receipt.
4. Dr. Miranda also testified at deposition that an EEG study was performed on Kaden
Nguyen at his office, the EEG study was 1 hour and 40-minutes in length and he relied upon that
EEG study to formulate his opinions relative to Kaden Nguyen’s damages.
5. At deposition, Dr. Miranda produced a 12-page report; 5 of the 12 pages consists
of typical EEG tracings. A copy of the 12-page EEG report is attached hereto as Composite
Exhibit “B.”
2
LaCava & Jacobson, P.A., 4901 N. W. 17 Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04)
6. On April 20, 2018, Defendants propounded Expert Interrogatories and Expert
Request for Production upon Plaintiffs. A copy of which is attached hereto as Composite Exhibit
“Oo”
7. On June 21, 2018, Defendants’ filed an Ex Parte Motion to Compel responses to its
outstanding discovery.
8. On June 22, 2018, Plaintiffs filed responses to Defendants’ Expert Request for
Production. A copy of which is attached hereto as Exhibit “D.”
9. In response to Request for Production number 1, which requests Plaintiffs to
produce “The entire | hour and 40 minute Digital EEG study (DEEP) performed by Dr. Miranda
on Kaden Nguyen on 2/29/16", Plaintiffs stated, “...Notwithstanding and without waiver
thereto, please find attached under separate cover. Additionally, previously provided on
3/14/16.”
10. To date, Defendants have not received the entire 1 hour and 40-minute EEG study
performed by Dr. Miranda on February 29, 2017, or any other date.
11. On June 27, 2018, this parties appeared before this Honorable Court regarding
Defendants’ Motion to Strike Fernando Miranda, M.D., and any other witness, testimony, opinions
and conclusions regarding digital Electroencephalogram (“digital EEG).
12. On June 27, 2018, this Court heard argument from Defense counsel and testimony
from expert witness Dr. Elias Chalhub that Dr. Miranda’s 12-page report was, in fact, an
inadmissible QEEG study.
13. Dr. Chalhub further testified that a 1 hour and 40-minute EEG study would produce
at minimum 500 pages; in stark contrast to the 5 of 12 pages of typical EEG tracings contained in
Dr. Miranda’s attached report.
14. On June 27, 2018, Plaintiffs’ counsel adamantly represented to this Court that the
12-page report produced during discovery, at Dr. Miranda’s deposition and to which Dr. Chalhub
3
LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04)
was testifying to in open court was a regular EEG report.
15. Despite Plaintiffs’ representations, the disputed report clearly states “QEEG EP
DISPLAY” on 5 of 12 pages.
16. On June 27, 2018, Plaintiffs’ counsel further represented to this Court that they had
in their possession the entire 1 hour and 40-minute EEG study and would tender same to defense
counsel to avoid a motion to compel.
17. On October 11, 2018, the court entered an Order requiring Plaintiff to produce Dr.
Miranda’s complete filed including the EEG (1 hr 40 min) study within 20 days.
18. A CD was received from Plaintiffs’ counsel which was to contain the entire 1 hour
and 40-minute EEG study performed by Dr. Miranda on Kaden Nguyen on February 29, 2016 or
any other date. Defendant’s informed counsel that the CD could not be opened to view.
Plaintiff's counsel then informed Defendant’ to contact Dr. Miranda’s IT person, Leah Selig, who
could assist in viewing the EEG study. Defendants have repeatedly tried to contact Ms. Selig but
have never spoken with her and she has not returned any messages. Defendant’s expert witness,
Elias Chalhub, M.D., has also not been able to open and view the CD.
19. There is no confusion as to what defense counsel requests from Plaintiffs.
Defense counsel and this Court made it abundantly clear that Plaintiffs must produce the entire 1
hour and 40-minute EEG study performed by Dr. Miranda.
20. The production of this document is extremely pertinent to this case as it is the heart
of Defendants’ motion to strike Dr. Miranda’s testimony on the basis that he relied upon an
inadmissible QEEG study, and not a regular EEG study.
21, Defendants’ are severely prejudiced by Plaintiffs deliberate actions.
22. Plaintiffs’ actions have precluded Defendants from conducting a thorough
deposition of Dr. Miranda as they have never been provided an entire EEG report, despite
numerous requests,
4
LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04)
23. Plaintiffs’ actions have precluded Defendants’ expert witnesses from reviewing the
EEG study relied upon by Dr. Miranda and rendering an opinion thereon.
24. Plaintiffs must be compelled by this Court to produce the entire 1 hour and 40-
minute EEG study performed by Dr. Miranda on Kaden Nguyen on February 29, 2016 or any other
date.
25. Furthermore, Defendants are entitled to conduct a second deposition of Dr. Miranda
to cross-examine him based upon his interpretations of entire EEG study. The expense of this
second deposition should be borne by Plaintiffs due to their deliberate refusal to respond to
Defendants formal and informal discovery requests.
26. In the alternate, Defendants request that this Court preclude Dr. Miranda, or any
other expert witness, from offering opinions, testimony and/or evidence at trial regarding a Digital
EEG study performed on Kaden Nguyen on February 29, 2016 or any other date.
WHEREFORE, Defendants, PLANTATION GENERAL HOSPITAL, L.P. d/b/a
PLANTATION GENERAL HOSPITAL and DORI RATHBUN, respectfully request this Court
enter an Order (1) requiring Plaintiff to produce the entire 1 hour and 40-minute EEG study
performed by Dr. Miranda on Kaden Nguyen on February 29, 2016 or any other date within five
days, (3) permit Defendants to conduct a supplemental deposition of Dr. Miranda with costs to be
borne by Plaintiffs, (5) award Defendants attorneys’ fees and costs for filing and attending a
hearing on this motion and (6) whatever other and further relief this Court deems just and proper
under the circumstances.
5
LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04)
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing has been
furnished via Electronic Mail, to all counsel of record on the attached Service List this 19th day of
December, 2018.
LA CAVA & JACOBSON, P.A.
Attorneys for Defendants, Plantation General
Hospital and Dori Rathbun
501 E. Kennedy Blvd.; Suite 1250
Tampa, FL 33602
Telephone: 813-209-9611
Facsimile: 813-209-9511
8/ Marci L. Strauss
BY:
LOUIS J. LaCAVA
Fla. Bar No: 507880
MARCIL. STRAUSS
Fla. Bar No.: 857025
6
LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884SERVICE LIST
Maria D. Tejedor, Esq.
Diez-Arguelles & Tejedor, P.A.
505 North Mills Avenue
Orlando, Florida 32803
Telephone: 407-705-2880
Eservice: mail@theorlandolawyers.com
leah@theorlandolawyers.com
rosa@theorlandolawyers.com
Attorneys for Plaintiff
Alex Alvarez, Esq.
The Alvarez Law Firm
355 Palermo Avenue
Coral Gables, FL 33134
Telephone: 305-444-7675
Eservice: alex@talf.law
maria@talf.law
Co-Counsel for Plaintiff
Peter Mineo, Jr., Esq.
The Mineo Salcedo Law Firm, P.A.
5400 S. University Drive, Suite 502
Davie, FL 33328
Telephone: 954-463-8100
Eservice: service@mineolaw.com
jsoto@mineolaw.com
Counsel for Georges Edouard, M.D.
7
CASE NO: CACE14014218 (04)
LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309
Telephone: 754-301-301-5060; Facsimile: 754-551-6884EXHIBIT “A”Filing # 62095359 E-Filed 09/27/2017 04:50:09 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA
KHAI NGUYEN, individually, and as CASE NO.: CACE-14-014218 Div: 04
Personal Representative of the Estate of MAI
TUYET NGUYEN, deceased, and on behalf
of KRISTEN HUYNH, KYLIE NGUYEN,
KADEN NGUYEN, the surviving children of
MAI TUYET NGUYEN, and as the natural
parent of KADEN NGUYEN, a minor,
Plaintiffs,
PLANTATION GENERAL HOSPITAL, L.P.
d/b/a PLANTATION GENERAL
HOSPITAL, ALEX BIRMAN, M.D..
SUNLIFE OB/GYN SERVICES OF FT,
LAUDERDALE, PA, GEORGES
EDOUARD, M.D., GEORGES EDOUARD,
M.D., P.A. d/b/a PLANTATION PAVILION
OB/GYN, MELISSA MACHAN, ARNP,
ROBERTA SANTINI, M.D., DORI
RATHBUN, FLORIDA UNITED
RADIOLOGY, L.C.,
Defendants.
/
CROSS NOTICE OF TAKING VIDEO DEPOSITION
PLEASE TAKE NOTICE that on September 28, 2017 at 2:00 p.m., at 2801 Ocean
Drive, Suite 202, Vero Beach, FL 32963, the Plaintiff, by and through their undersigned
attorney, will take the deposition of: Fernando Miranda, M.D. Upon oral examination before
Milestone Notary public, or some officer authorized by law to take depositions. Said deposition
is to be taken for discovery purposes, for use as evidence at trial or both.
In accordance with the Americans with Disabilities Act, persons with
disabilities needing a special accommodation to participate in the
proceeding should contact, Maria D. Tejedor, Esq. of Diez-Arguelles &
Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705-
2880, not later than seven (7) days prior to the proceeding. If hearingimpaired, (TTD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via
Florida Relay Service.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
via service through the e-filing portal to all counsel on the attached counsel list this 27th day of
September, 2017.
/s/ Maria D. Tejedor
Maria D. Tejedor
FBN: 95834
DIEZ-ARGUELLES & TEJEDOR
505 North Mills Avenue
Orlando, Florida 32803
Telephone: (407) 705-2880
Attorney for Plaintiffs
mailgétheorlandolawyers.com
Service List
William V. Carcioppolo, Esq.
LaCava & Jacobson, P.A.
4901 N.W. 17th Way Suite 302
Fort Lauderdale, FL 33309
P: 754-301-5060
F: 754-551-6884
w.carcioppolo@lacavajacobson.com
abenson@lacavajacobson.com
holeski@lavacajacobson.com
Counsel for Plantation General Hospital and Dori Rathburn
Georges Edouard, M.D. (pro se)
4330 W. Broward Blvd. Suite C
Plantation, FL 33317EXHIBIT “B”Fernando G. Miranda, M.D.
Adnit and Child Neurology
Diplomate American Roar of Paychlany & Nowelogy Wehralogyy)
Diplomate American Board of BEG:
Fallow, American Academy of Neurology
MARCH 22, 2017
KADEN NGUYEN
The patient is brought by his father.
He had an-MRI and Evoked Potential testing which were all significantly abnormal and
consjstent with a birth related asphyxia,
On today’s evaluation he appears to lack focus and suffers fram hyper activity disorder,
His communication skills are poor,
His delays are all a result of the birth asphyxia,
IMPRESSION:
Neurocognitive Delay
Speech Delay
Hyperactivity Disorder
All sequel of birth related asphyxia,
Will follow in one year.
20
Fernando G. Miranda, M.D.
2801 Ocean Drive, Suite 202, Vero Beach, Florida 32963 (772) 234-14
5 HAX (772) 231-1177
29074803Random asynchronous spikes
BO
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4813EXHIBIT “Cc”IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FLORIDA.
CASE NO: CACE14014218 (04)
KHAI NGUYEN, individually, and as
Personal Representative of the Estate
of MAI TUYET NGUYEN, deceased and
on behalf of KRISTEN HUYNH, KYLIE
NGUYEN, KADEN NGUYEN and as the
Natural parent of KADEN NGUYEN, a
Minor,
Plaintiffs,
vs.
PLANTATION GENERAL HOSPITAL, L.P., d/b/a
PLANTATION GENERAL HOSPITAL; ALEX
BIRMAN, M.D.; SUNLIFE OB/GYN SERVICES
OF FORT LAUDERDALE, P.A.; GEORGES
EDOUARD, M.D.; GEORGES EDOUARD, M.D.,
P.A., d/b/a PLANTATION PAVILION OB/GYN;
MELISSA MACHAN, ARNP; ROBERTA
SANTINI, M.D.; DORI RATHBUN; FLORIDA
UNITED RADIOLOGY, L.C.,
Defendants.
/
DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P., d/b/a
PLANTATION GENERAL HOSPITAL AND DORI RATHBUN.
SANA RIAA ERAL DOSEUMAL AND DORI RATHBUN,
NOTICE OF SERVING EXPERT INTERROGATORIES TO PLAINTIFF
Defendants, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION
GENERAL HOSPITAL and DORI RATHBUN, by and through their undersigned attorneys, and
pursuant to Florida Rules of Civil Procedure 1,340, hereby file their Expert Set of Interrogatories
to Plaintiff, specifically regarding their expert Dr. Miranda, and who shall answer eachCASE NO: CACE14014218 (04)
interrogatory in writing, under oath, and in the manner and time prescribed by the Florida Rules
of Civil Procedure.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing has been
delivered via e-service this 20th day of April, 2018 to all addressees set forth on the attached
Service List.
LA CAVA & JACOBSON, P.A.
Attorneys for Defendants, Plantation General
Hospital and Dori Rathbun
501 E. Kennedy Blvd.; Suite 1250
Tampa, FL 33602
Telephone: 813-209-9611
Facsimile: 813-209-9511
/s/Louis J. La Cava
BY:
LOUIS J. LaCAVA
Fla. Bar No: 507880
WILLIAM V. CARCIOPPOLO
Fla. Bar No: 510051SERVICE LIST
Maria D. Tejedor, Esq.
Diez-Arguelles & Tejedor, P.A.
505 North Mills Avenue
Orlando, Florida 32803
Telephone: 407-705-2880
Eservice: mail@theorlandolawyers.com
leah@theorlandolawyers.com
Attorneys for Plaintiff
Alex Alvarez, Esq.
The Alvarez Law Firm
355 Palermo Avenue
Coral Gables, FL 33134
Telephone: 305-444-7675
Eservice: alex@talf.law
maria@talf.law
Co-Counsel for Plaintiff
Georges Edouard, M.D.
4330 W. Broward Blvd. Suite C
Plantation, FL 33317
Via Email: EDOUARD_1142@outlook.com
Pro Se Defendant
CASE NO: CACE14014218 (04)CASE NO: CACE14014218 (04)
DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P., d/b/a
PLANTATION GENERAL HOSPITAL AND DORI RATHBUN
EXPERT INTERROGATORIES TO PLAINTIFF
Please state the number of digital EEG studies Dr. Miranda performed on 3 year old
children in 2016.
Please state the number of digital EEG studies Dr. Miranda performed on 3 year old
children between 2017 and the present.
Please state the laboratory normal values used by Dr. Miranda for 3 year old children
used in 2016 when the study was performed on Kaden.
Please state whether the laboratory normal values used by Dr. Miranda for 3 year old
children changed from 2/19/16 to the present and if so, what were the changes.IN THE CIRCUIT COURT OF THE 17TH
JUDICIAL CIRCUIT, IN AND FOR BROWARD
COUNTY, FLORIDA.
CASE NO: CACE14014218 (04)
KHAI NGUYEN, individually, and as
Personal Representative of the Estate
of MAI TUYET NGUYEN, deceased and
on behalf of KRISTEN HUYNH, KYLIE
NGUYEN, KADEN NGUYEN and as the
Natural parent of KADEN NGUYEN, a
Minor,
Plaintiffs,
vs.
PLANTATION GENERAL HOSPITAL, L.P., d/b/a
PLANTATION GENERAL HOSPITAL; ALEX
BIRMAN, M.D.; SUNLIFE OB/GYN SERVICES
OF FORT LAUDERDALE, P.A.; GEORGES
EDOUARD, M.D.; GEORGES EDOUARD, M.D.,
P.A., d/b/a PLANTATION PAVILION OB/GYN;
MELISSA MACHAN, ARNP; ROBERTA
SANTINI, M.D.; DORI RATHBUN; FLORIDA
UNITED RADIOLOGY, L.C.,
Defendants,
/
DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P., d/b/a
PLANTATION GENERAL HOSPITAL AND DORI RATHBUN,
EXPERT REQUEST FOR PRODUCTION TO PLAINTIFE
Defendants, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION
GENERAL HOSPITAL and DORI RATHBUN, by and through the undersigned attorneys,
hereby serve this Expert Request for Production to PLAINTIFF, to produce the following
documents to the undersigned attorneys, at this office, within thirty (30) days from this date for
examination, inspection and copying and as grounds therefore says that the materials are in theCASE NO: CACE14014218 (04)
custody or control of that party and are relevant and material to the issues in this cause, and
cannot be obtained by Defendants without hardship:
1, The entire 1 hour and 40 minute Digital EEG study (DEEP) performed by Dr.
Miranda on Kaden Nguyen on 2/29/16,
2. The complete office chart for Dr, Miranda/Bright Minds Institute.
3. Any and all other digital EEG studies performed on Kaden Nguyen.
CERTIFICATE OF SERVICE
IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing has been
delivered via e-service this 20th day of April, 2018 to all addressees set forth on the attached
Service List.
LA CAVA & JACOBSON, P.A.
Attorneys for Defendants, Plantation General
Hospital and Dori Rathbun
501 E. Kennedy Blvd.; Suite 1250
Tampa, FL 33602
Telephone: 813-209-9611
Facsimile: 813-209-9511
/s/Louis J. La Cava
BY:
LOUIS J. LaCAVA
Fla. Bar No: 507880
WILLIAM V. CARCIOPPOLO
Fla, Bar No: 510051CASE NO: CACE14014218 (04)
SERVICE LIST
Maria D. Tejedor, Esq.
Diez-Arguelles & Tejedor, P.A.
505 North Mills Avenue
Orlando, Florida 32803
Telephone: 407-705-2880
Eservice: mail@theorlandolawyers.com
leah@theorlandolawyers.com
Attorneys for Plaintiff
Alex Alvarez, Esq.
The Alvarez Law Firm
355 Palermo Avenue
Coral Gables, FL 33134
Telephone: 305-444-7675
Eservice: alex@talf.law
maria@talf.law
Co-Counsel for Plaintiff
Georges Edouard, M.D.
4330 W. Broward Blvd. Suite C
Plantation, FL 33317
Via Email: EDOUARD_1142@outlook.com
Pro Se DefendantEXHIBIT “D”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT,
IN AND FOR BROWARD COUNTY, FLORIDA.
KHAI NGUYEN, individually and as
Personal Representative of the Estate of MAI
TUYET NGUYEN, deceased, and on behalf
of KRISTEN HUYNH, KYLIE NGUYEN,
KADEN NGUYEN, the surviving children of
MAI TUYET NGUYEN, and as the natural
parent of KADEN NGUYEN, a minor,
Plaintiffs,
v.
PLANTATION GENERAL HOSPITAL, L.P.
d/b/a PLANTATION GENERAL
HOSPITAL, ALEX BIRMAN, M.D.,
SUNLIFE OB/GYN SERVICES OF FT.
LAUDERDALE, P.A., ' GEORGES
EDOUARD, M.D., GEORGES EDOUARD,
MLD., P.A. d/b/a PLANTATION PAVILION
OB/GYN, MELISSA MACHAN, ARNP,
ROBERTA SANTINI, M.D., DORI
RATHBUN, FLORIDA UNITED
RADIOLOGY, L.C.,
Defendants.
/
PLAINTIFFS’ RESPONSE TO DEFENDANTS’, PLANTATION GENERAL HOSPITAL,
L.P. d/b/a PLANTATION GENERAL HOSPITAL AND DORI RATHBUN, EXPERT
CASE NO.: CACE-14-014218 Div: 04
REQUEST FOR PRODUCTION
COME NOW, Plaintiffs, KHAI NGUYEN, individually and as Personal Representative
of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH,
KYLIE NGUYEN, and KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN,
and as the natural parent of KADEN NGUYEN, a minor, by and through the undersigned
counsel, and hereby respond to Defendants’, PLANTATION GENERAL HOSPITAL, L.P. d/b/a
PLANTATION GENERAL HOSPITAL and DORI RATHBUN, Expert Request for Production
as follows:RESPONSE:
GENERAL OBJECTIONS: Plaintiffs and their counsel object to the attempt to circumvent the
requirements of Florida Rule of Civil Procedure 1.280(b)(5) by propounding discovery on Plaintiffs
or their counsel (a non-party) without providing the requisite showing required pursuant to Rule
1.280(b)(4). Specifically, Rule 1.280(b)(5) states:
(5) Trial Preparation: Experts. Discovery of facts known and
opinions held by experts, otherwise discoverable under the
provisions of subdivision (b)(1) of this rule and acquired or
developed in anticipation of litigation or for trial, may be obtained
only as follows:
(A) (i) By request to produce a party may require any other party
to identify each person whom the other party expects to call as
an expert witness at trial and to state the subject matter on
which the expert is expected to testify, and to state the
substance of the facts and opinions to which the expert is
expected to testify and a summary of the grounds for each
opinion.
(ii) Any person disclosed by request to produce or otherwise as a
person expected to be called as an expert witness at trial may be
deposed in accordance with rule 1.390 without motion or order of
court.
Florida Rule of Civil Procedure 1.280(b)(5) [emphasis added]
As such, the information sought in this request to produce may be sought ONLY as prescribed in
the rule which mandates that the opposing party must first seek information other than basic
information (Fla. R. Civ. P. 1.280(b)(5)(A)@) — not requested in this request to produce) from the
disclosed expert. If there is a problem which requires the opposing party to seek the information
from another source, including obtaining information from undersigned counsel, opposing counsel
are then required to present the requisite showing. The Florida Rules of Civil Procedure state in
relevant part:
(4) Trial Preparation: Materials. Subject to the provisions of
subdivision (b)(5) of this rule, a party may obtain discovery of
documents and tangible things otherwise discoverable under
subdivision (b\(1) of this rule and prepared in anticipation of
litigation or for trial by or for another party or by or for that party’s
representative, including that party’s attorney, ... , only upon a
showing that the party seeking discovery has need of the materials
in the preparation of the case and is unable without undue hardship
to obtain the substantial equivalent of the materials by other
means,
Florida Rule of Civil Procedure 1,280(b)(4) [emphasis added]
Counsel has failed to attempt to seek information via the prescribed method and has otherwise
failed to demonstrate a need to deviate from the mandated procedures with respect to work productprepared by counsel or retained experts for this matter and other seeks privileged communications
and information in this and other cases without following proper procedures or presenting the
requisite showing that the method has been frustrated or there is other undue hardship involved in
following the prescribed procedure. See also, Fla. R. Civ. P. 1.280(b)(5)(C) (requiring opposing
counsel to pay experts for providing the information sought in this request to produce). The only
proper method of securing the information sought in this request to produce is to first seek to obtain
them from disclosed experts. Failure to do so, and attempts to circumvent the rules, violates the
mandate set out in the Florida Rules of Civil Procedure (2012).
Moreover, the request to produce is vague, overly broad, unduly burdensome and seek
information that is not relevant or reasonably calculated to lead to the discovery of admissible
evidence. Further, the request to produce exceeds the maximum permitted number of request to
produce to a party without first seeking court authorization. Also, the request to produce is
overbroad, as such request seek information that is protected work product, materials prepared in
anticipation of litigation in other matters and the instant matter, which are privileged from
disclosure.
These general objections apply to each request to produce and all subparts thereof.
Plaintiffs’ further object to any requirement of executing a verification page as Defendants’ request
to produce is so vague, unintelligible and overbroad as to who the request to produce is directed as
to frustrate any meaningful attempt at locating an appropriate affiant. As to counsel, we execute the
notice of serving answers, which is sufficient as officers of the court.
1. The entire 1 hour and 40 minute Digital EEG study (DEEP) performed by Dr. Miranda
on Kaden Nguyen on 2/29/16.
ANSWER:
See general objection above. Notwithstanding and without waiver thereto, please find
attached under separate cover. Additionally, previously provided on 3/14/18.
2. The complete office chart for Dr. Miranda/Bright Minds Institute.
ANSWER:
See general objection above. Notwithstanding and without waiver thereto, none in
Plaintiff's possession.
3. Any and all other digital EEG studies performed on Kaden Nguyen.
ANSWER:
See general objection above. Notwithstanding and without waiver thereto, please
find attached under separate cover.
CERTIFICATE OF SERVICEElectronic Mail this, day of June, 2018 to: Katherine Hunter, Esq., (khunter@chl-law.com),
John W. Mauro, /\ Gwm@belmr.com) and (cjg@belmr.com), Ariel Widlansky, Esq.
(ariel@Jubellrosen.com) and Georges Edourd, M.D, (pro se) at 4330 W. Broward Blvd, Suite C,
Plantation, Florida 33317.
I a gS yo that a true and correct copy of the foregoing was sent by
/s/ Carlos R. Diez-Arguelles
Carlos R. Diez-Arguelles
Florida Bar Number: 500569
Diez-Arguelles & Tejedor, PA
Attorney for Plaintiffs
505 N. Mills Ave.
Orlando, FL 32803
Service List
Louis J. La Cava, Esquire
LaCava & Jacobson, P.A,
4901 N.W. 17th Way Suite 302
Fort Lauderdale, FL 33309
Llacava@lacavajacobson.com; Leddings@lacavajacobson.com
Counsel for Plantation General Hospital and Dori Rathburn
Georges Edouard, M.D. (pro se)
4330 W. Broward Blvd. Suite C
Plantation, FL 33317a
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Filing # 82381019 E-Filed 12/19/2018 05:54:26 PM CASE NO: CACE14014218 (04) MLS/SDS (173532) IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO: CACE14014218 (04) KHAI NGUYEN, individually, and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN and as the Natural parent of KADEN NGUYEN, a Minor, Plaintiffs, vs. PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL; ALEX BIRMAN, M.D.; SUNLIFE OB/GYN SERVICES OF FORT LAUDERDALE, P.A.; GEORGES EDOUARD, M.D.; GEORGES EDOUARD, M.D., P.A., d/b/a PLANTATION PAVILION OB/GYN; MELISSA MACHAN, ARNP; ROBERTA SANTINI, M.D.; DORI RATHBUN; FLORIDA UNITED RADIOLOGY, L.C., Defendants. / DEFENDANTS’ MOTION TO COMPEL PLAINTIFF TO PROVIDE BETTER RESPONSES TO EXPERT REQUEST FOR PRODUCTION AND TO PROVIDE ANSWERS TO OUTSTANDING EXPERT INTERROGATORIES Defendants, PLANTATION GENERAL HOSPITAL, LP. d/b/a PLANTATION GENERAL HOSPITAL and DORI RATHBUN, by and through their undersigned counsel, and 1 LaCava & Jacobson, P.A., 4901 N. W. 17% Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884 *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 12/19/2018 5:54:25 PM.****CASE NO: CACE14014218 (04) pursuant to Florida Rules of Civil Procedure 1.380, hereby move the Court for an Order compelling Plaintiffs’ to provide better responses to Defendants’ Expert Request for Production and to provide answers to outstanding Expert Interrogatories, served on April 20, 2018, and as grounds therefore states as follows: 1. On November 8, 2017, Defendants conducted the deposition of Plaintiffs expert witness, Dr. Fernando Miranda. 2. The Notice of Taking Deposition requested Dr. Miranda to produce, among other things, copies of the following: i. All retainers, agreements, time records, diaries, and bills prepared and rendered in connection with your investigation and evaluation of the issues involved in this litigation”. li, The Complete file in connection with your investigation and evaluation of the issues involved in this litigation. iii. Reports by experts to counsel which are not subject to privileges under Florida Statutes 766.101 et seq. A copy of the Notice of Taking Deposition is attached hereto as Exhibit “A”. 3. Dr. Miranda testified at deposition that he billed the Nguyen family for his care and treatment provided, did not have a copy of the invoice in his possession, and would produce to defense counsel upon receipt. 4. Dr. Miranda also testified at deposition that an EEG study was performed on Kaden Nguyen at his office, the EEG study was 1 hour and 40-minutes in length and he relied upon that EEG study to formulate his opinions relative to Kaden Nguyen’s damages. 5. At deposition, Dr. Miranda produced a 12-page report; 5 of the 12 pages consists of typical EEG tracings. A copy of the 12-page EEG report is attached hereto as Composite Exhibit “B.” 2 LaCava & Jacobson, P.A., 4901 N. W. 17 Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04) 6. On April 20, 2018, Defendants propounded Expert Interrogatories and Expert Request for Production upon Plaintiffs. A copy of which is attached hereto as Composite Exhibit “Oo” 7. On June 21, 2018, Defendants’ filed an Ex Parte Motion to Compel responses to its outstanding discovery. 8. On June 22, 2018, Plaintiffs filed responses to Defendants’ Expert Request for Production. A copy of which is attached hereto as Exhibit “D.” 9. In response to Request for Production number 1, which requests Plaintiffs to produce “The entire | hour and 40 minute Digital EEG study (DEEP) performed by Dr. Miranda on Kaden Nguyen on 2/29/16", Plaintiffs stated, “...Notwithstanding and without waiver thereto, please find attached under separate cover. Additionally, previously provided on 3/14/16.” 10. To date, Defendants have not received the entire 1 hour and 40-minute EEG study performed by Dr. Miranda on February 29, 2017, or any other date. 11. On June 27, 2018, this parties appeared before this Honorable Court regarding Defendants’ Motion to Strike Fernando Miranda, M.D., and any other witness, testimony, opinions and conclusions regarding digital Electroencephalogram (“digital EEG). 12. On June 27, 2018, this Court heard argument from Defense counsel and testimony from expert witness Dr. Elias Chalhub that Dr. Miranda’s 12-page report was, in fact, an inadmissible QEEG study. 13. Dr. Chalhub further testified that a 1 hour and 40-minute EEG study would produce at minimum 500 pages; in stark contrast to the 5 of 12 pages of typical EEG tracings contained in Dr. Miranda’s attached report. 14. On June 27, 2018, Plaintiffs’ counsel adamantly represented to this Court that the 12-page report produced during discovery, at Dr. Miranda’s deposition and to which Dr. Chalhub 3 LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04) was testifying to in open court was a regular EEG report. 15. Despite Plaintiffs’ representations, the disputed report clearly states “QEEG EP DISPLAY” on 5 of 12 pages. 16. On June 27, 2018, Plaintiffs’ counsel further represented to this Court that they had in their possession the entire 1 hour and 40-minute EEG study and would tender same to defense counsel to avoid a motion to compel. 17. On October 11, 2018, the court entered an Order requiring Plaintiff to produce Dr. Miranda’s complete filed including the EEG (1 hr 40 min) study within 20 days. 18. A CD was received from Plaintiffs’ counsel which was to contain the entire 1 hour and 40-minute EEG study performed by Dr. Miranda on Kaden Nguyen on February 29, 2016 or any other date. Defendant’s informed counsel that the CD could not be opened to view. Plaintiff's counsel then informed Defendant’ to contact Dr. Miranda’s IT person, Leah Selig, who could assist in viewing the EEG study. Defendants have repeatedly tried to contact Ms. Selig but have never spoken with her and she has not returned any messages. Defendant’s expert witness, Elias Chalhub, M.D., has also not been able to open and view the CD. 19. There is no confusion as to what defense counsel requests from Plaintiffs. Defense counsel and this Court made it abundantly clear that Plaintiffs must produce the entire 1 hour and 40-minute EEG study performed by Dr. Miranda. 20. The production of this document is extremely pertinent to this case as it is the heart of Defendants’ motion to strike Dr. Miranda’s testimony on the basis that he relied upon an inadmissible QEEG study, and not a regular EEG study. 21, Defendants’ are severely prejudiced by Plaintiffs deliberate actions. 22. Plaintiffs’ actions have precluded Defendants from conducting a thorough deposition of Dr. Miranda as they have never been provided an entire EEG report, despite numerous requests, 4 LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04) 23. Plaintiffs’ actions have precluded Defendants’ expert witnesses from reviewing the EEG study relied upon by Dr. Miranda and rendering an opinion thereon. 24. Plaintiffs must be compelled by this Court to produce the entire 1 hour and 40- minute EEG study performed by Dr. Miranda on Kaden Nguyen on February 29, 2016 or any other date. 25. Furthermore, Defendants are entitled to conduct a second deposition of Dr. Miranda to cross-examine him based upon his interpretations of entire EEG study. The expense of this second deposition should be borne by Plaintiffs due to their deliberate refusal to respond to Defendants formal and informal discovery requests. 26. In the alternate, Defendants request that this Court preclude Dr. Miranda, or any other expert witness, from offering opinions, testimony and/or evidence at trial regarding a Digital EEG study performed on Kaden Nguyen on February 29, 2016 or any other date. WHEREFORE, Defendants, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL and DORI RATHBUN, respectfully request this Court enter an Order (1) requiring Plaintiff to produce the entire 1 hour and 40-minute EEG study performed by Dr. Miranda on Kaden Nguyen on February 29, 2016 or any other date within five days, (3) permit Defendants to conduct a supplemental deposition of Dr. Miranda with costs to be borne by Plaintiffs, (5) award Defendants attorneys’ fees and costs for filing and attending a hearing on this motion and (6) whatever other and further relief this Court deems just and proper under the circumstances. 5 LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884CASE NO: CACE14014218 (04) CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing has been furnished via Electronic Mail, to all counsel of record on the attached Service List this 19th day of December, 2018. LA CAVA & JACOBSON, P.A. Attorneys for Defendants, Plantation General Hospital and Dori Rathbun 501 E. Kennedy Blvd.; Suite 1250 Tampa, FL 33602 Telephone: 813-209-9611 Facsimile: 813-209-9511 8/ Marci L. Strauss BY: LOUIS J. LaCAVA Fla. Bar No: 507880 MARCIL. STRAUSS Fla. Bar No.: 857025 6 LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884SERVICE LIST Maria D. Tejedor, Esq. Diez-Arguelles & Tejedor, P.A. 505 North Mills Avenue Orlando, Florida 32803 Telephone: 407-705-2880 Eservice: mail@theorlandolawyers.com leah@theorlandolawyers.com rosa@theorlandolawyers.com Attorneys for Plaintiff Alex Alvarez, Esq. The Alvarez Law Firm 355 Palermo Avenue Coral Gables, FL 33134 Telephone: 305-444-7675 Eservice: alex@talf.law maria@talf.law Co-Counsel for Plaintiff Peter Mineo, Jr., Esq. The Mineo Salcedo Law Firm, P.A. 5400 S. University Drive, Suite 502 Davie, FL 33328 Telephone: 954-463-8100 Eservice: service@mineolaw.com jsoto@mineolaw.com Counsel for Georges Edouard, M.D. 7 CASE NO: CACE14014218 (04) LaCava & Jacobson, P.A., 4901 N. W. 17" Way, Suite 606, Fort Lauderdale, FL 33309 Telephone: 754-301-301-5060; Facsimile: 754-551-6884EXHIBIT “A”Filing # 62095359 E-Filed 09/27/2017 04:50:09 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA KHAI NGUYEN, individually, and as CASE NO.: CACE-14-014218 Div: 04 Personal Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, Plaintiffs, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL, ALEX BIRMAN, M.D.. SUNLIFE OB/GYN SERVICES OF FT, LAUDERDALE, PA, GEORGES EDOUARD, M.D., GEORGES EDOUARD, M.D., P.A. d/b/a PLANTATION PAVILION OB/GYN, MELISSA MACHAN, ARNP, ROBERTA SANTINI, M.D., DORI RATHBUN, FLORIDA UNITED RADIOLOGY, L.C., Defendants. / CROSS NOTICE OF TAKING VIDEO DEPOSITION PLEASE TAKE NOTICE that on September 28, 2017 at 2:00 p.m., at 2801 Ocean Drive, Suite 202, Vero Beach, FL 32963, the Plaintiff, by and through their undersigned attorney, will take the deposition of: Fernando Miranda, M.D. Upon oral examination before Milestone Notary public, or some officer authorized by law to take depositions. Said deposition is to be taken for discovery purposes, for use as evidence at trial or both. In accordance with the Americans with Disabilities Act, persons with disabilities needing a special accommodation to participate in the proceeding should contact, Maria D. Tejedor, Esq. of Diez-Arguelles & Tejedor P.A., 505 N. Mills Avenue., Orlando, Florida 32803, (407) 705- 2880, not later than seven (7) days prior to the proceeding. If hearingimpaired, (TTD) 1-800-955-8771, or Voice (V) 1-800-955-8770, via Florida Relay Service. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished via service through the e-filing portal to all counsel on the attached counsel list this 27th day of September, 2017. /s/ Maria D. Tejedor Maria D. Tejedor FBN: 95834 DIEZ-ARGUELLES & TEJEDOR 505 North Mills Avenue Orlando, Florida 32803 Telephone: (407) 705-2880 Attorney for Plaintiffs mailgétheorlandolawyers.com Service List William V. Carcioppolo, Esq. LaCava & Jacobson, P.A. 4901 N.W. 17th Way Suite 302 Fort Lauderdale, FL 33309 P: 754-301-5060 F: 754-551-6884 w.carcioppolo@lacavajacobson.com abenson@lacavajacobson.com holeski@lavacajacobson.com Counsel for Plantation General Hospital and Dori Rathburn Georges Edouard, M.D. (pro se) 4330 W. Broward Blvd. Suite C Plantation, FL 33317EXHIBIT “B”Fernando G. Miranda, M.D. Adnit and Child Neurology Diplomate American Roar of Paychlany & Nowelogy Wehralogyy) Diplomate American Board of BEG: Fallow, American Academy of Neurology MARCH 22, 2017 KADEN NGUYEN The patient is brought by his father. He had an-MRI and Evoked Potential testing which were all significantly abnormal and consjstent with a birth related asphyxia, On today’s evaluation he appears to lack focus and suffers fram hyper activity disorder, His communication skills are poor, His delays are all a result of the birth asphyxia, IMPRESSION: Neurocognitive Delay Speech Delay Hyperactivity Disorder All sequel of birth related asphyxia, Will follow in one year. 20 Fernando G. Miranda, M.D. 2801 Ocean Drive, Suite 202, Vero Beach, Florida 32963 (772) 234-14 5 HAX (772) 231-1177 29074803Random asynchronous spikes BO Ht 4806480748084809481048114812get 4813EXHIBIT “Cc”IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO: CACE14014218 (04) KHAI NGUYEN, individually, and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN and as the Natural parent of KADEN NGUYEN, a Minor, Plaintiffs, vs. PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL; ALEX BIRMAN, M.D.; SUNLIFE OB/GYN SERVICES OF FORT LAUDERDALE, P.A.; GEORGES EDOUARD, M.D.; GEORGES EDOUARD, M.D., P.A., d/b/a PLANTATION PAVILION OB/GYN; MELISSA MACHAN, ARNP; ROBERTA SANTINI, M.D.; DORI RATHBUN; FLORIDA UNITED RADIOLOGY, L.C., Defendants. / DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL AND DORI RATHBUN. SANA RIAA ERAL DOSEUMAL AND DORI RATHBUN, NOTICE OF SERVING EXPERT INTERROGATORIES TO PLAINTIFF Defendants, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL and DORI RATHBUN, by and through their undersigned attorneys, and pursuant to Florida Rules of Civil Procedure 1,340, hereby file their Expert Set of Interrogatories to Plaintiff, specifically regarding their expert Dr. Miranda, and who shall answer eachCASE NO: CACE14014218 (04) interrogatory in writing, under oath, and in the manner and time prescribed by the Florida Rules of Civil Procedure. CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing has been delivered via e-service this 20th day of April, 2018 to all addressees set forth on the attached Service List. LA CAVA & JACOBSON, P.A. Attorneys for Defendants, Plantation General Hospital and Dori Rathbun 501 E. Kennedy Blvd.; Suite 1250 Tampa, FL 33602 Telephone: 813-209-9611 Facsimile: 813-209-9511 /s/Louis J. La Cava BY: LOUIS J. LaCAVA Fla. Bar No: 507880 WILLIAM V. CARCIOPPOLO Fla. Bar No: 510051SERVICE LIST Maria D. Tejedor, Esq. Diez-Arguelles & Tejedor, P.A. 505 North Mills Avenue Orlando, Florida 32803 Telephone: 407-705-2880 Eservice: mail@theorlandolawyers.com leah@theorlandolawyers.com Attorneys for Plaintiff Alex Alvarez, Esq. The Alvarez Law Firm 355 Palermo Avenue Coral Gables, FL 33134 Telephone: 305-444-7675 Eservice: alex@talf.law maria@talf.law Co-Counsel for Plaintiff Georges Edouard, M.D. 4330 W. Broward Blvd. Suite C Plantation, FL 33317 Via Email: EDOUARD_1142@outlook.com Pro Se Defendant CASE NO: CACE14014218 (04)CASE NO: CACE14014218 (04) DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL AND DORI RATHBUN EXPERT INTERROGATORIES TO PLAINTIFF Please state the number of digital EEG studies Dr. Miranda performed on 3 year old children in 2016. Please state the number of digital EEG studies Dr. Miranda performed on 3 year old children between 2017 and the present. Please state the laboratory normal values used by Dr. Miranda for 3 year old children used in 2016 when the study was performed on Kaden. Please state whether the laboratory normal values used by Dr. Miranda for 3 year old children changed from 2/19/16 to the present and if so, what were the changes.IN THE CIRCUIT COURT OF THE 17TH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. CASE NO: CACE14014218 (04) KHAI NGUYEN, individually, and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN and as the Natural parent of KADEN NGUYEN, a Minor, Plaintiffs, vs. PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL; ALEX BIRMAN, M.D.; SUNLIFE OB/GYN SERVICES OF FORT LAUDERDALE, P.A.; GEORGES EDOUARD, M.D.; GEORGES EDOUARD, M.D., P.A., d/b/a PLANTATION PAVILION OB/GYN; MELISSA MACHAN, ARNP; ROBERTA SANTINI, M.D.; DORI RATHBUN; FLORIDA UNITED RADIOLOGY, L.C., Defendants, / DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL AND DORI RATHBUN, EXPERT REQUEST FOR PRODUCTION TO PLAINTIFE Defendants, PLANTATION GENERAL HOSPITAL, L.P., d/b/a PLANTATION GENERAL HOSPITAL and DORI RATHBUN, by and through the undersigned attorneys, hereby serve this Expert Request for Production to PLAINTIFF, to produce the following documents to the undersigned attorneys, at this office, within thirty (30) days from this date for examination, inspection and copying and as grounds therefore says that the materials are in theCASE NO: CACE14014218 (04) custody or control of that party and are relevant and material to the issues in this cause, and cannot be obtained by Defendants without hardship: 1, The entire 1 hour and 40 minute Digital EEG study (DEEP) performed by Dr. Miranda on Kaden Nguyen on 2/29/16, 2. The complete office chart for Dr, Miranda/Bright Minds Institute. 3. Any and all other digital EEG studies performed on Kaden Nguyen. CERTIFICATE OF SERVICE IT IS HEREBY CERTIFIED that a true and correct copy of the foregoing has been delivered via e-service this 20th day of April, 2018 to all addressees set forth on the attached Service List. LA CAVA & JACOBSON, P.A. Attorneys for Defendants, Plantation General Hospital and Dori Rathbun 501 E. Kennedy Blvd.; Suite 1250 Tampa, FL 33602 Telephone: 813-209-9611 Facsimile: 813-209-9511 /s/Louis J. La Cava BY: LOUIS J. LaCAVA Fla. Bar No: 507880 WILLIAM V. CARCIOPPOLO Fla, Bar No: 510051CASE NO: CACE14014218 (04) SERVICE LIST Maria D. Tejedor, Esq. Diez-Arguelles & Tejedor, P.A. 505 North Mills Avenue Orlando, Florida 32803 Telephone: 407-705-2880 Eservice: mail@theorlandolawyers.com leah@theorlandolawyers.com Attorneys for Plaintiff Alex Alvarez, Esq. The Alvarez Law Firm 355 Palermo Avenue Coral Gables, FL 33134 Telephone: 305-444-7675 Eservice: alex@talf.law maria@talf.law Co-Counsel for Plaintiff Georges Edouard, M.D. 4330 W. Broward Blvd. Suite C Plantation, FL 33317 Via Email: EDOUARD_1142@outlook.com Pro Se DefendantEXHIBIT “D”IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA. KHAI NGUYEN, individually and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, Plaintiffs, v. PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL, ALEX BIRMAN, M.D., SUNLIFE OB/GYN SERVICES OF FT. LAUDERDALE, P.A., ' GEORGES EDOUARD, M.D., GEORGES EDOUARD, MLD., P.A. d/b/a PLANTATION PAVILION OB/GYN, MELISSA MACHAN, ARNP, ROBERTA SANTINI, M.D., DORI RATHBUN, FLORIDA UNITED RADIOLOGY, L.C., Defendants. / PLAINTIFFS’ RESPONSE TO DEFENDANTS’, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL AND DORI RATHBUN, EXPERT CASE NO.: CACE-14-014218 Div: 04 REQUEST FOR PRODUCTION COME NOW, Plaintiffs, KHAI NGUYEN, individually and as Personal Representative of the Estate of MAI TUYET NGUYEN, deceased, and on behalf of KRISTEN HUYNH, KYLIE NGUYEN, and KADEN NGUYEN, the surviving children of MAI TUYET NGUYEN, and as the natural parent of KADEN NGUYEN, a minor, by and through the undersigned counsel, and hereby respond to Defendants’, PLANTATION GENERAL HOSPITAL, L.P. d/b/a PLANTATION GENERAL HOSPITAL and DORI RATHBUN, Expert Request for Production as follows:RESPONSE: GENERAL OBJECTIONS: Plaintiffs and their counsel object to the attempt to circumvent the requirements of Florida Rule of Civil Procedure 1.280(b)(5) by propounding discovery on Plaintiffs or their counsel (a non-party) without providing the requisite showing required pursuant to Rule 1.280(b)(4). Specifically, Rule 1.280(b)(5) states: (5) Trial Preparation: Experts. Discovery of facts known and opinions held by experts, otherwise discoverable under the provisions of subdivision (b)(1) of this rule and acquired or developed in anticipation of litigation or for trial, may be obtained only as follows: (A) (i) By request to produce a party may require any other party to identify each person whom the other party expects to call as an expert witness at trial and to state the subject matter on which the expert is expected to testify, and to state the substance of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. (ii) Any person disclosed by request to produce or otherwise as a person expected to be called as an expert witness at trial may be deposed in accordance with rule 1.390 without motion or order of court. Florida Rule of Civil Procedure 1.280(b)(5) [emphasis added] As such, the information sought in this request to produce may be sought ONLY as prescribed in the rule which mandates that the opposing party must first seek information other than basic information (Fla. R. Civ. P. 1.280(b)(5)(A)@) — not requested in this request to produce) from the disclosed expert. If there is a problem which requires the opposing party to seek the information from another source, including obtaining information from undersigned counsel, opposing counsel are then required to present the requisite showing. The Florida Rules of Civil Procedure state in relevant part: (4) Trial Preparation: Materials. Subject to the provisions of subdivision (b)(5) of this rule, a party may obtain discovery of documents and tangible things otherwise discoverable under subdivision (b\(1) of this rule and prepared in anticipation of litigation or for trial by or for another party or by or for that party’s representative, including that party’s attorney, ... , only upon a showing that the party seeking discovery has need of the materials in the preparation of the case and is unable without undue hardship to obtain the substantial equivalent of the materials by other means, Florida Rule of Civil Procedure 1,280(b)(4) [emphasis added] Counsel has failed to attempt to seek information via the prescribed method and has otherwise failed to demonstrate a need to deviate from the mandated procedures with respect to work productprepared by counsel or retained experts for this matter and other seeks privileged communications and information in this and other cases without following proper procedures or presenting the requisite showing that the method has been frustrated or there is other undue hardship involved in following the prescribed procedure. See also, Fla. R. Civ. P. 1.280(b)(5)(C) (requiring opposing counsel to pay experts for providing the information sought in this request to produce). The only proper method of securing the information sought in this request to produce is to first seek to obtain them from disclosed experts. Failure to do so, and attempts to circumvent the rules, violates the mandate set out in the Florida Rules of Civil Procedure (2012). Moreover, the request to produce is vague, overly broad, unduly burdensome and seek information that is not relevant or reasonably calculated to lead to the discovery of admissible evidence. Further, the request to produce exceeds the maximum permitted number of request to produce to a party without first seeking court authorization. Also, the request to produce is overbroad, as such request seek information that is protected work product, materials prepared in anticipation of litigation in other matters and the instant matter, which are privileged from disclosure. These general objections apply to each request to produce and all subparts thereof. Plaintiffs’ further object to any requirement of executing a verification page as Defendants’ request to produce is so vague, unintelligible and overbroad as to who the request to produce is directed as to frustrate any meaningful attempt at locating an appropriate affiant. As to counsel, we execute the notice of serving answers, which is sufficient as officers of the court. 1. The entire 1 hour and 40 minute Digital EEG study (DEEP) performed by Dr. Miranda on Kaden Nguyen on 2/29/16. ANSWER: See general objection above. Notwithstanding and without waiver thereto, please find attached under separate cover. Additionally, previously provided on 3/14/18. 2. The complete office chart for Dr. Miranda/Bright Minds Institute. ANSWER: See general objection above. Notwithstanding and without waiver thereto, none in Plaintiff's possession. 3. Any and all other digital EEG studies performed on Kaden Nguyen. ANSWER: See general objection above. Notwithstanding and without waiver thereto, please find attached under separate cover. CERTIFICATE OF SERVICEElectronic Mail this, day of June, 2018 to: Katherine Hunter, Esq., (khunter@chl-law.com), John W. Mauro, /\ Gwm@belmr.com) and (cjg@belmr.com), Ariel Widlansky, Esq. (ariel@Jubellrosen.com) and Georges Edourd, M.D, (pro se) at 4330 W. Broward Blvd, Suite C, Plantation, Florida 33317. I a gS yo that a true and correct copy of the foregoing was sent by /s/ Carlos R. Diez-Arguelles Carlos R. Diez-Arguelles Florida Bar Number: 500569 Diez-Arguelles & Tejedor, PA Attorney for Plaintiffs 505 N. Mills Ave. Orlando, FL 32803 Service List Louis J. La Cava, Esquire LaCava & Jacobson, P.A, 4901 N.W. 17th Way Suite 302 Fort Lauderdale, FL 33309 Llacava@lacavajacobson.com; Leddings@lacavajacobson.com Counsel for Plantation General Hospital and Dori Rathburn Georges Edouard, M.D. (pro se) 4330 W. 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