On January 25, 2012 a
Motion,Ex Parte
was filed
involving a dispute between
Briones, Renzo,
Briones, Vania,
Fisher, Jodi A,
and
Alyne Medical Rejuvenation Institute,
Antonio, Alberto Sant, Jr.,
Antonio, Alberto Sant, Md,
Hernandez, Humberto, Md,
Lynne Ulevich Pa,
Ramiro, Gustavo,
Suarez, John,
for Professional Malpractice - Medical
in the District Court of Broward County.
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Filing # 61535110 E-Filed 09/14/2017 12:59:59 PM
IN THE CIRCUIT COURT OF THE
1774 JUDICIAL CIRCUIT, INAND FOR
BROWARD COUNTY, FLORIDA
CASE NO: CACE-12-002167 05
JODI A. FISCHER AS PERSONAL
REPRESENTATIVE OF THE ESTATE OF
MARIA SHORTALL, VANIA BRIONES,
INDIVIDUALLY and RENZO BRIONES,
INDIVIDUALLY,
Plaintiffs,
Vv.
ALYNE MEDICAL REJUVENATION
INSTITUTE aka ALYNE CENTER FOR
COSMETIC SURGERY, ALBERTO SANT
ANTONIO, M.D., LYNNE ULEVICH, P.A.,
ALBERTO SANT ANTONIO, JR.,
HUMBERTO HERNANDEZ, M.D., JOHN
SUAREZ, and GUSTAVO RAMIRO,
Defendants.
PLAINTIFF’S MOTION IN LIMINE TO LIMIT COMMENTS AND EVIDENCE
ABOUT THE CHANCES OF MARIA SHORTALL’S SURVIVAL AFTER THE
INFUSION OF FAT
Plaintiffs, JODI A. FISCHER AS PERSONAL REPRESENTATIVE OF THE
ESTATE OF MARIA SHORTALL, VANIA BRIONES, INDIVIDUALLY and RENZO
BRIONES, INDIVIDUALLY, by and through undersigned counsel, and hereby files this
Motion in Limine to Limit Comments And Evidence About The Chances Of Maria
Shortall’s Survival After the Infusion Of Fat; and in support thereof states as follows:
1. This is a medical malpractice action where Dr. Sant Antonio was grossly negligent
in directly infusing fat into Mrs. Shortall’s vascular system and then waiting more than
FREEDLAND HARWIN VALORI, P.L.
110 SE SIXTH STREET, SUITE 2300, FORT LAUDERDALE, FL 33301
TELEPHONE (954) 467-6400 WWW.WESTONLAWYERS.COM
*** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 9/14/2017 12:59:59 PM.****seven minutes after she coded to attempt to call 911. These significant failures directly
led to the death of Mrs. Shortall.
2. In depositions and hearings in front of this Court, Defense counsel has repeatedly
said that after the fat was infused into Maria Shortall’s vascular system she could not be
resuscitated. There has been no testimony, nor will there be, that Maria Shortall could
not be resuscitated after the fat infusion. Instead, the testimony has been that she had a
chance of being resuscitated. In fact, Defense counsel and their own pulmonology expert,
Jose Alvarez, M.D., both conceded that her chance of survival was between 18% and
20%. As such, to suggest that she had no chance of survival during opening, closing, or
at any other time during the trial would be completely inappropriate and should be
prevented.
WHEREFORE: Plaintiff prays this Honorable Court grant this Motion In Limine
To Limit Comments And Evidence About The Chances Of Maria Shortall’s Survival After
The Infusion Of Fat.
CERTIFICATE OF SERVICE
THE UNDERSIGNED CERTIFIES that a true copy of the foregoing has been
furnished via the Florida E-Portal to: Peter Mineo, Esq., The Mineo Salcedo Law Firm,
[mineo@mineolaw.com] on September 14, 2017.
FREEDLAND HARWIN VALORI, PL
110 SE 6th St., Suite 2300
Ft. Lauderdale, FL 33301
Tel: (954) 467-6400
Fax: (954) 670-2530
/s/ Cameron Barnard
CAMERON BARNARD, ESQ.
Fla. Bar #: 0105055
Cameron@westonlawyers.com
Preview
Filing # 61535110 E-Filed 09/14/2017 12:59:59 PM IN THE CIRCUIT COURT OF THE 1774 JUDICIAL CIRCUIT, INAND FOR BROWARD COUNTY, FLORIDA CASE NO: CACE-12-002167 05 JODI A. FISCHER AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIA SHORTALL, VANIA BRIONES, INDIVIDUALLY and RENZO BRIONES, INDIVIDUALLY, Plaintiffs, Vv. ALYNE MEDICAL REJUVENATION INSTITUTE aka ALYNE CENTER FOR COSMETIC SURGERY, ALBERTO SANT ANTONIO, M.D., LYNNE ULEVICH, P.A., ALBERTO SANT ANTONIO, JR., HUMBERTO HERNANDEZ, M.D., JOHN SUAREZ, and GUSTAVO RAMIRO, Defendants. PLAINTIFF’S MOTION IN LIMINE TO LIMIT COMMENTS AND EVIDENCE ABOUT THE CHANCES OF MARIA SHORTALL’S SURVIVAL AFTER THE INFUSION OF FAT Plaintiffs, JODI A. FISCHER AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARIA SHORTALL, VANIA BRIONES, INDIVIDUALLY and RENZO BRIONES, INDIVIDUALLY, by and through undersigned counsel, and hereby files this Motion in Limine to Limit Comments And Evidence About The Chances Of Maria Shortall’s Survival After the Infusion Of Fat; and in support thereof states as follows: 1. This is a medical malpractice action where Dr. Sant Antonio was grossly negligent in directly infusing fat into Mrs. Shortall’s vascular system and then waiting more than FREEDLAND HARWIN VALORI, P.L. 110 SE SIXTH STREET, SUITE 2300, FORT LAUDERDALE, FL 33301 TELEPHONE (954) 467-6400 WWW.WESTONLAWYERS.COM *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 9/14/2017 12:59:59 PM.****seven minutes after she coded to attempt to call 911. These significant failures directly led to the death of Mrs. Shortall. 2. In depositions and hearings in front of this Court, Defense counsel has repeatedly said that after the fat was infused into Maria Shortall’s vascular system she could not be resuscitated. There has been no testimony, nor will there be, that Maria Shortall could not be resuscitated after the fat infusion. Instead, the testimony has been that she had a chance of being resuscitated. In fact, Defense counsel and their own pulmonology expert, Jose Alvarez, M.D., both conceded that her chance of survival was between 18% and 20%. As such, to suggest that she had no chance of survival during opening, closing, or at any other time during the trial would be completely inappropriate and should be prevented. WHEREFORE: Plaintiff prays this Honorable Court grant this Motion In Limine To Limit Comments And Evidence About The Chances Of Maria Shortall’s Survival After The Infusion Of Fat. CERTIFICATE OF SERVICE THE UNDERSIGNED CERTIFIES that a true copy of the foregoing has been furnished via the Florida E-Portal to: Peter Mineo, Esq., The Mineo Salcedo Law Firm, [mineo@mineolaw.com] on September 14, 2017. FREEDLAND HARWIN VALORI, PL 110 SE 6th St., Suite 2300 Ft. Lauderdale, FL 33301 Tel: (954) 467-6400 Fax: (954) 670-2530 /s/ Cameron Barnard CAMERON BARNARD, ESQ. Fla. Bar #: 0105055 Cameron@westonlawyers.com