Answer: RUANO, KENIA V BOO, HEATHER ELISABETH MD

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                                *** FILED: PALM BEACH COUNTY, FL SHARON R BOCK, CLERK.***

Filing # 19945993 Electronically Filed 10/29/2014 09:44:18 AM

RTW/RIB/d
A140/14136/14162

KENIA RUANO, individually and as parent
and natural guardian of DANIEL RUANO,
a minor; and OLAIR DOS SANTOS DA
SILVA, individually,

Plaintiffs,
vs.

TENET ST. MARY’S INC., d/b/a ST.
MARY’S MEDICAL CENTER, a Florida
Profit corporation; TENET HEALTHCARE
FLORIDA, INC., d/b/a ST. MARY’S
MEDICAL CENTER, a Florida Profit
corporation; NEIL NIRANJAN PATEL,
D.O.; TENET FLORIDA PHYSICIAN
SERVICES, LLC, d/b/a PALM BEACH
NEUROSCIENCE INSTITUTE, a

Florida Limited Liability Corporation;
CARLOS ARTEMIO ARCHILLA, M.D.;
ANESTHESIA AND CRITICAL CARE
SPECIALISTS OF PALM BEACH, P.A.;
A Florida Profit Corporation; SUSAN M.
FANTE, CRNA; MARCELO EGEA, M.D.;
KIDZ MEDICAL SERVICES, INC., a
Florida Profit Corporation; HEATHER
ELISABETH BOO, M.D.; HEATHER

E. BOO, M.D., P.A., a Florida Profit
Corporation; HOWARD G. BUTLER,
M.D.; HOWARD G. BUTLER, M.D., P.A.,
A Florida Profit Corporation; IMAGING
CONSULTANTS OF SOUTH FLORIDA,
a Florida General Partnership; KRISHNA
VAIDYANATHAN IYER, M.D.; ALMAIDA
SANTIAGO DE LA CRUZ, R.N.; JADA
RENEE REED, R.N.; TINA LYNN JOHNSON
PANCZAK, R.N.; SARAH NICOLE

IN THE CIRCUIT COURT OF THE
FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA

CASE NO: 502014-CA-010078XXXXMB
Division: AEFITZGERALD, ARNP; and AIMEE
RODRIGUEZ, RN.

Defendants.

DEFENDANTS’ HEATHER ELISABETH BOO, M.D.; HEATHER
E. BOO, M.D., P.A.. HOWARD G. BUTLER,
M.D.; HOWARD G. BUTLER, M.D., P. A. and IMAGING
CONSULTANTS OF SOUTH FLORIDA’S,
ANSWER, AFFIRMATIVE DEFENSES AND DEMAND FOR JURY TRIAL TO
PLAINTIFFS’ FIRST AMENDED COMPLAINT

 

 

 

 

COME NOW, the Defendants, HEATHER ELISABETH BOO, M.D.; HEATHER
E. BOO, M.D., P.A.; HOWARD G. BUTLER, M.D.; HOWARD G. BUTLER, M.D., P.A. and
IMAGING CONSULTANTS OF SOUTH FLORIDA, by and through their undersigned counsel,
and file their Answer, Affirmative Defenses and Demand for Jury Trial to Plaintiffs’ First
Amended Complaint, and state as follows:

1. In response to the allegations in Paragraph 28, these Defendants admit that
Defendant, HEATHER ELISABETH BOO, M.D., was a physician licensed to practice medicine
in the State of Florida and a radiologist in West Palm Beach, Palm Beach County, Florida.

2. In response to the allegations in Paragraph 29, these Defendants admit that
Defendant, HEATHER ELISABETH BOO, M.D., was a radiologist and rendered radiographic
interpretations within the standard of care.

3. In response to the allegations in Paragraph 30, these Defendants admit that
Defendant, HEATHER E. BOO, M.D., P.A., was a Florida Professional Association, pursuant to
the laws of the State of Florida.

4, In response to the allegations in Paragraph 31, these Defendants admit thatDefendant, HEATHER ELISABETH BOO, M.D., was an agent, servant and/or employee of
Defendant, HEATHER E. BOO, M.D., P.A., and was acting within the course and scope of her
agency and/or employment with HEATHER E. BOO, M.D., P.A.

5. In response to the allegations in Paragraph 32, these Defendants admit that
Defendant, HOWARD G. BUTLER, M.D., was a physician licensed to practice medicine in the
State of Florida and a radiologist in West Palm Beach, Palm Beach County, Florida.

6. In response to the allegations in Paragraph 33, these Defendants admit that
Defendant, HOWARD G. BUTLER, M.D., was a radiologist and rendered radiographic
interpretations within the standard of care.

7. In response to the allegations in Paragraph 34, these Defendants admit that
Defendant, HOWARD G. BUTLER, M.D., P.A., was a Florida Professional Association,
pursuant to the laws of the State of Florida.

8. In response to the allegations in Paragraph 35, these Defendants admit that
Defendant, HOWARD G. BUTLER, M.D., was an agent, servant and/or employee of Defendant,
HOWARD G. BUTLER, M.D., P.A., and acting within the course and scope of his agency
and/or employment with HOWARD G. BUTLER, M.D., P.A.

9. In response to the allegations in Paragraph 36, these Defendants admit that
Defendant, KRISHNA VAIDYANATHAN IYER, M.D., was a physician licensed to practice
medicine in the State of Florida, and was a radiologist in West Palm Beach, Florida.

10. In response to the allegations in Paragraph 37, these Defendants admit that
Defendant, KRISHNA VAIDYANATHAN IYER, M.D., was a radiologist and rendered

radiographic interpretations within the standard of care.11. In response to the allegations in Paragraph 38, these Defendants admit that
Defendant, IMAGING CONSULTANTS OF SOUTH FLORIDA, is a Partnership, pursuant to
the laws of the State of Florida.

12. In response to the allegations in Paragraph 50, these Defendants admit that a
Notice of Intent to Initiate Litigation was received by Defendants, HEATHER ELISABETH
BOO, M.D., and HOWARD G. BUTLER, M.D.

13. These Defendants would show that Plaintiffs have claimed medical expenses as
damages and Plaintiffs are entitled to only those medical expenses paid by Plaintiffs, those paid
by third-parties for which a valid claim for reimbursement or subrogation exists, those for which
a lien is asserted, or those expenses Plaintiffs are still obligated to pay.

14. In the event of a judgment in favor of the Plaintiffs against these Defendants for
damages, pursuant to the provisions of §768.81, Florida Statutes, these Defendants may not be
held jointly liable for the entire damages, but may only be held severely liable in proportion to
their percentage of the total fault.

15. The Plaintiffs are barred from recovery from these Defendants for any damages
for which loss is sustained, for which have been paid by any collateral sources of indemnity
available as set forth in Florida Statute §768.76.

16. This matter is subject to the limitations of damages set forth per Florida Statute
§766.118.

DENIAL OF ALL ALLEGATIONS
17. These Defendants deny each and every allegation of the First Amended Complaint

not specifically admitted in this Answer.AFFIRMATIVE DEFENSES

18. In the event of a judgment for the Plaintiffs, these Defendants are entitled to have
the judgment made payable in accordance with the alternative methods of payments, pursuant to
the provisions of Florida Statute §768.78.

19. | These Defendants affirmatively assert the actions of third parties not under control
of these Defendants may have been negligent and proximate intervening causal factors. As a result
of those intervening factors, these Defendants bear no responsibility and/or liability for any injury
or damages for which Plaintiffs may have sustained; or in the alternative, liability is to be diminished
in proportion to the third parties’ negligence. The only potential third parties known to these
Defendants are: TENET ST. MARY’S INC., d/b/a ST. MARY’S MEDICAL CENTER, a Florida
Profit corporation; TENET HEALTHCARE FLORIDA, INC., d/b/a ST. MARY’S MEDICAL
CENTER, a Florida Profit corporation; NEIL NIRANJAN PATEL, D.O.; TENET FLORIDA
PHYSICIAN SERVICES, LLC, d/b/a PALM BEACH NEUROSCIENCE INSTITUTE, a
Florida Limited Liability Corporation; CARLOS ARTEMIO ARCHILLA, M.D.; ANESTHESIA
AND CRITICAL CARE SPECIALISTS OF PALM BEACH, P.A.; A Florida Profit Corporation;
SUSAN M. FANTE, CRNA; MARCELO EGEA, M.D.; KIDZ MEDICAL SERVICES, INC., a
Florida Profit Corporation; ALMAIDA SANTIAGO DE LA CRUZ, R.N.; JADA RENEE REED,
R.N.; TINA LYNN JOHNSON PANCZAK, R.N.; SARAH NICOLE FITZGERALD, ARNP; and
AIMEE RODRIGUEZ, RN., Co-Defendants in this cause. These Defendants do not have sufficient
information at this time to know if the Co-Defendants were responsible in any degree for the injuries
and damages alleged by the Plaintiffs. These Defendants claim that said Co-Defendants may be

negligent and their negligence caused or contributed to the injuries and damages alleged by thePlaintiffs. These Defendants, therefore, adopt Plaintiffs’ allegations of negligence with respect to
the Co-Defendants, as though more fully set forth in this paragraph, and if the evidence in this case
supports a claim against the Co-Defendants, these Defendants will request the Court include such
Defendants on the Verdict Form, regardless of whether they are still a party to this case at the time
of trial. These Defendants reserve the right to identify other potential tort feasors and any potential
acts or omissions of potential negligence as discovery in this cause progresses pursuant to the
Doctrine of Nash v. Wells Fargo.

20. In the event of a judgment for the Plaintiffs, these Defendants are entitled to
contribution pursuant to the provisions of Florida Statute §768.31 from each and every other
Defendant with respect to any and all monies paid by these Defendants in excess of their pro rata
share of liability.

21. These Defendants are entitled to receive a set-off against any judgment that may be
recovered by Plaintiffs for the full amount of the settlement proceeds received and the future value
of proceeds to be received from any Co-Defendant or third party tortfeasor.

22. Plaintiffs have failed to comply with the good faith requirements of the Florida
Statute §766.106, and Florida Rules of Civil Procedure 1.650, regarding pre-suit screening of claims
for medical malpractice and are barred from recovery in this action.

23. Plaintiffs’ claims are barred by the applicable Statute of Limitations.

DEMAND FOR JURY TRIAL

24. Defendants, HEATHER ELISABETH BOO, M.D., HEATHER E. BOO, M.D., P.A.,

HOWARD G. BUTLER, M.D., HOWARD G. BUTLER, M.D., P. A, and IMAGING

CONSULTANTS OF SOUTH FLORIDA, hereby demand trial by jury as to all issues triable of

6right.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this October 29, 2014, I electronically filed the foregoing
document with the Clerk of the Court and I also certify that the foregoing document is being served
this day on all counsel of record in the manner specified, either via the Florida Courts E-Filing
Portal or in some other authorized manner for those counsel or parties who are not authorized to

receive electronic filings.

BUNNELL & WOULFE P.A.

Attorneys for Defendants, Heather Elisabeth
Boo, M.D.; Heather E. Boo, M.D./P.A.;
Howard G. Butler, M.D.; Howard G. Butler,
M.D./P.A. and Imaging Consultants of South
Florida

One Financial Plaza, Suite 1000

100 Southeast Third Avenue

Fort Lauderdale, FL 33394

Telephone: (954) 761-8600

Facsimile: (954) 463-6643

pleadings. R TW @bunnellwoulfe.com

By:__4/ Richard T. Woulfe
RICHARD T. WOULFE

Florida Bar No. 222313
ROBERT J. BERMAN
Florida Bar No. 920363Kenia Ruano, individually, etc., vs. Heather
Elisabeth Boo, M.D., Howard G. Butler, MD. et al
Case No: 502014CA010078XXXXMB

CERTIFICATE OF SERVICE LIST

Jack R. Hill, Esquire

Searcy Denney Scarola Barnhart & Shipley
Attorneys for Plaintiffs Kenia Ruano, individually
and as parent and natural guardian of Daniel
Ruano, a minor

2139 Palm Beach Lakes Boulevard

West Palm Beach, FL 33409

Telephone: (561) 686-6300

Fax: (561) 383-9424
Toll Free: (800) 780-8607
ph@searcylaw.com

 

 

Hillteam@searcylaw.com

 

 

Douglas H. Morris, Esquire

GORDON & DONER, P.A.

Attorneys for Plaintiff, Olair Dos Santos
Da Silva, individually

10650 West SR84, Suite 210

Davie, FL 33324

Telephone: 954-433-3333

Fax: 954-421-7030

dmorris@for njured.com

dhm.pleadings@fortheinjured.com

   

Manuel R. Comras, Esquire

Billing, Cochran, Lyles, Mauro & Ramsey, P.A.
Attorneys for Defs/Tenet St. Mary’s Inc.,

d/b/a St. Mary’s Medical Center, Tenet Healthcare-
Florida, Inc., d/b/a St. Mary’s Medical Center, Almaida
Santiago De La Cruz, RN, Jada Renee Reed, RN, Tina
Lynn Johnson Panczak, RN, Sarah Nicole Fitzgerald,
ARNP and Aimee Rodriguez, RN

1601 Forum Place, Suite 400

West Palm Beach, FL 33401

(561) 659-5970

(561) 659-6173 fax

dianeS@belmr.comAntonia M. Smillova, Esquire

Wicker Smith O’Hara McCoy & Ford, P.A.
Attorneys for Defs/Carlos

Artemio Archilla, M.D., Susan M. Fante, CRNA
and Anesthesia and Critical Care

Specialists of Palm Beach, P.A.

515 N. Flagler Drive, Suite 1600

West Palm Beach, FL 33401

(561) 689-3800

(561) 689-9206 fax

wpbertpleadings@wickersmith.com

     

Michael K. Mittelmark, Esquire

Michaud, Mittelmark, Marowitz & Asrani, PLLC
Attorneys for Defs/Neil Niranjan Patel,

D.O., & Tenet Florida Physician Services, LLC
d/b/a Palm Beach Neuroscience Institute

621 N.W. 53 Street, Suite 260

Boca Raton, FL 33487

(561) 392-0540

(561) 392-0582 fax

pleadings@michaudlaw.com
Imittelmark@michaudlaw.com

 

Scott E. Solomon, Esquire

Falk, Waas, Hernandez, Cortina

Solomon & Bonner, P.A

Attorneys for Defs/Egea, M.D.,

Oshier, M.D., & Kidz Medical Services, Inc.
135 San Lorenzo Avenue, Suite 500

Coral Gables, Florida 33146

Telephone: (305) 447-6500

Facsimile: (305) 447-1777

servicessolomon@ falkwaas.com

John Bringardner, Esquire

Lewis Brisbois Bisgaard & Smith LLP

Counsel for Def/Krishna
Vaidyanathan Iyer, M.D.

3812 Coconut Palm Drive, Suite 200

Tampa, FL 33619

(813) 739-1900

(813) 739-1919 fax

John. Bringardner@LewisBrisbois.com

Maria

Flcourtmail@LewisBrisbois.com

 

ris@LewisBrisbois.c

 

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