Preview
Filing # 133797945 E-Filed 08/31/2021 05:19:15 PM
IN THE CIRCUIT COURT OF THE
SEVENTEENTH JUDICIAL CIRCUIT, IN AND
FOR BROWARD COUNTY, FLORIDA
CASE NO.:
LISA VUNKANNON-ROBERTS5 as
Personal Representative of the Estate of
DOUGLAS JAMES ROBERTS, deceased,
Plaintiff?
V.
PRONTO URGENT CARE LLC and
MARIA BELEN GAME, M.D.
Defendants.
I
COMPLAINT
Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of
DOUGLAS JAMES ROBERTS, deceased, hereby sues the Defendant, PRONTO URGENT
CARE LLC, and MARIA BELEN GAME, M.D., and alleges:
1. This is an action for medical malpractice and wrongful death that has been filed
pursuant to Fla. Stat. §§ 766 and 768, and Fla. R. Civ. P. 1.650.
2. Defendants have received notice of this claim pursuant to Fla. Stat. §766.106 and
768.28.
3. All conditions precedent have been satisfied or waived.
4. This is an action for damages in excess of $30,000.00 exclusive of interest and
costs.
5. At all times material hereto, Defendant, PRONTO URGENT CARE LLC, was a
corporation organized and existing under the laws of the state of Florida, conducting its daily
***
FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 05:19:12 PM.****
Complaint
Page 2
business in Broward County, Florida. As such, Defendant held itself out to the public as a health
care provider having the facilities, physicians, staff and trained personnel to examine, diagnose
and treat patients like the decedent, DOUGLAS JAMES ROBERTS in accordance with the
minimum standard of care.
6. At all times material hereto, Defendant, PRONTO URGENT CARE LLC acted
individually and by and through its agents, apparent agents, servants and/or employees, including
MARIA BELEN GAME, M.D. and William Torres who were acting within the course and scope
of their agency, apparent agency and/or employment relationship with Defendant and in
furtherance of the PRONTO URGENT CARE LLC's business interests.
7. Defendant, PRONTO URGENT CARE LLC is vicariouslyliable for the negligence
of MARIA BELEN GAME, M.D. and William Torres.
8. At all times material, Defendant, PRONTO URGENT CARE LLC has corporate
liability for its own negligence and is vicariously liable for the negligent acts and omissions of its
agents, apparent agents, servants and/or employees while acting within the course and scope of
their agency, apparent agency and/or employment relationship and furtherance of PRONTO
URGENT CARE LLC's business pursuits.
9. At all times material, Defendant, PRONTO URGENT CARE LLC utilized the
services of physicians, medical assistants, registered nurses, licensed practical nurses, student
practical nurses, technicians, hospital staff and hospital personnel who were the agents, apparent
agents, servants and/or employees of the PRONTO URGENT CARE LLC, acting within the
course and scope of their agency, apparent agency and/or employment relationship in furtherance
of PRONTO URGENT CARE LLC's business pursuits.
Complaint
Page 3
10. At all times material, MARIA BELEN GAME, M.D., held herselfout to the public
as an urgent care physician possessing that level of care, skill, and treatment which, in light of all
relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably
prudent similar health care providers.
11. LISA VUNKANNON-ROBERTS (DOB: 10/13/1969) is the Personal
Representative of the Estate of DOUGLAS JAMES ROBERTS, deceased. The letters of
administration are attached as "Exhibit A."
12. The decedent, DOUGLAS JAMES ROBERTS (DOB: 1/14/1969) wrongfully died
on February 21, 2019, due to medical negligence by Defendant and its employees, agents, or
apparent agents: MARIA BELEN GAME, M.D. and William Torres.
13. At all material times, LISA VUNKANNON-ROBERTS and DOUGLAS JAMES
ROBERTS were married and living together as husband and wife.
14. Pursuant to Florida's Wrongful Death Act, LISA VUNKANNON-ROBERTS is a
statutorily defined survivor who is eligible to assert a claim for damages resulting from the
wrongful death of her husband, DOUGLAS JAMES ROBERTS
15. Pursuant to Florida's Wrongful Death Act, PIERCE ROBERTS (DOB:
11/29/2005) is a statutorily defined survivor who is eligible to assert a claim for damages resulting
from the wrongful death of his father, DOUGLAS JAMES ROBERTS.
16. Pursuant to Florida's Wrongful Death Act, OLIVIA ROBERTS (DOB 10/30/2003)
is a statutoriIy defined survivor who is eligible to assert a claim for damages resulting from the
wrongful death of her father, DOUGLAS JAMES ROBERTS
Complaint
Page 4
17. Venue is proper in Broward County under Fla. Stat. §47.011 because it is the county
where one or more of the Defendants reside.
GENERAL STATEMENT OF FACTS
18. On February 18,2019, DOUGLAS JAMES ROBERTS, a 50-year-old man with an
unremarkablemedical history, presented at PRONTO URGENT CARE LLC in Broward County
for flu-like symptoms and was seen there by MARIA BELEN GAME, M.D.
19. DOUGLAS JAMES ROBERTS presented with abnormal vital signs that warranted
further evaluation and treatment or referral to an Emergency Room. Instead, he was prescribed
Tamiflu and sent home.
20. In the early morning hours of February 20, 2019, Mr. ROBERTS awoke
complaining of a severe headache and he quickly became unresponsive. Ft. Lauderdale Fire
Rescue transported Mr. ROBERTS to Holy Cross Hospital wherein it was determined that Mr.
ROBERTS had a subarachnoid hemorrhage secondary to a ruptured aneurysm and resulting brain
death. Ultimately, Mr. ROBERTS was taken off of life support and died on February 21,2019.
21. As a result of the negligent medical care provided PRONTO URGENT CARE
LLC, DOUGLAS JAMES ROBERTS' uncontrolled and untreated blood pressure resulted in brain
hemorrhage and ultimately his death on February 21,2019.
COIJNT I:
MEDICAL MALPRACTICE CLAIM AGAINST
PRONTO URGENT CARE LLC
22. Plaintiffhereby adopts by reference the allegations contained in paragraphs 1 to 21
as though fully set forth herein.
Complaint
Page 5
23. Defendant, PRONTO URGENT CARE LLC, by and through its agents, servants
and employees, including but not limited to William Torres and MARIA BELEN GAME, M.D.,
owed a duty of care to DOUGLAS JAMES ROBERTS to provide that level of care, skill, and
treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable
and appropriate by reasonably prudent similar health care providers for the treatment of
DOUGLAS JAMES ROBERTS. In summary, Defendant breached the standard of care in the
following ways:
a.
Negligently failing to treat MR. ROBERTS' abnormal vital signs, or alternatively
failing to arrange for MR. ROBERTS to receive treatment at the nearest emergency
room.
b. Negligentlyfailing to provide that level of care, skill, and treatment which, in light
of all relevant surrounding circumstances, is recognized to be acceptable and
appropriate by reasonably prudent similar healthcare providers which resulted in
catastrophiccomplications and wrongful death.
24. As a direct and proximate result of the acts and omissions of Defendant, PRONTO
URGENT CARE LLC, by and through its agents and employees, DOUGLAS JAMES ROBERTS
wrongfully died and Plaintiff, LISA VUNKANNON-ROBERTS5 as Personal Representative of
the Estate of DOUGLAS JAMES ROBERTS, demands judgment for the following damages
pursuant to Fla. Stat. §768.21 of the Wrongful Death Act on behalf of the decedent's surviving
spouse, LISA VUNKANNON-ROBERTS:
Complaint
Page 6
a. The value of lost support and services from the date of the decedent's injury to
his death, with interest, and future loss of support and services from the date of
death and reduced to present value.
b. The loss of the decedent's companionship and protection and for mental pain and
suffering from the date of injury.
c. Medical or funeral expenses due to the decedent's injury and death.
d. All other damages recoverable under Florida law.
25. As a further direct and proximate result of the acts and omissions of Defendant,
PRONTO URGENT CARE LLC, by and through its agents and employees, DOUGLAS JAMES
ROBERTS wrongfully died and Plaintiff, LISA VUNKANNON-ROBERTS, as Personal
Representative of the Estate of DOUGLAS JAMES ROBERTS and surviving statutory children,
demands judgment for the followingdamages pursuant to Fla. Stat. §768.21 ofthe Wrongful Death
Act:
a. Loss of earnings of the decedent from the date of injury to the date of death, less
lost support of survivors excluding contributions in kind, with interest.
b. Loss of the prospective net accumulations of an estate, which might reasonably
have been expected but for the wrongful death, reduced to present money value.
c. Medical or funeral expenses due to the decedent's injury or death that have become
a charge against her or his estate or that were paid by or on behalfof decedent.
d. All other damages recoverable under Florida law.
26. Plaintiff demands judgment for all damages suffered by OLIVIA ROBERTS,
surviving statutory minor child, to include:
Complaint
Page 7
a. The value of lost support and services from the date of the decedent's
injury to his
death, with interest, and future loss of support and services from the date of death
and reduced to present value.
b. Lost parental companionship, instruction, and guidance and for mental and
pain
suffering from the date of injury.
c. Medical or funeral expenses due to the decedent's injury or death.
27. Plaintiff demands judgment for all damages suffered by PIERCE ROBERTS,
surviving statutory minor child, to include:
The value of lost support and services from the date of the decedent's
a.
injury to his
death, with interest, and future loss of support and services from the date of death
and reduced to present value.
b. Lost parental companionship, instruction, and guidance and for mental pain and
suffering from the date of injury.
c. Medical or funeral expenses due to the decedent's injury or death.
WHEREFORE, Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative
of the Estate of DOUGLAS JAMES ROBERTS, and surviving statutory children demands
judgment against Defendant, PRONTO URGENT CARE LLC.
COUNT II:
MEDICAL MALPRACTICE CLAIM AGAINST
MARIA BELEN GAME, M.D.
28. Plaintiffhereby adopts by reference the allegations contained in paragraphs 1 to 22
as though fully set forth herein.
Complaint
Page 8
29. Defendant, MARIA BELEN GAME, M.D., owed a duty of care to DOUGLAS
JAMES ROBERTS to provide that level of care, skill, and treatment which, in light of all relevant
surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent
similar health care providers for the treatment of DOUGLAS JAMES ROBERTS. In summary,
Defendant breached the standard of care in the following ways:
a. Negligently failing to treat MR. ROBERTS' abnormal vital signs, or alternatively
failing to arrange for MR. ROBERTS to receive treatment at the nearest emergency
room.
b. Negligently failing to provide that level of care, skill, and treatment which, in light
of all relevant surrounding circumstances, is as recognized to be acceptable and
appropriate by reasonably prudent similar healthcare providers which resulted in
catastrophiccomplications and wrongful death.
30. As a direct and proximate result of the acts and omissions of Defendant, MARIA
BELEN GAME, M.D., DOUGLAS JAMES ROBERTS wrongfully died and Plaintiff, LISA
VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES
ROBERTS, demands judgment for the following damages pursuant to Fla. Stat. §768.21 of the
Wrongful Death Act on behalf of the decedent's surviving spouse, LISA VUNKANNON-
ROBERTS:
a. The value of lost support and services from the date ofthe decedent's injury to
his death, with interest, and future loss of support and services from the date of
death and reduced to present value.
Complaint
Page 9
b. The loss of the decedent's companionship and protection and for mental pain and
suffering from the date of injury.
c. Medical or funeral expenses due to the decedent's injury and death.
d. All other damages recoverable under Florida law.
31. As a further direct and proximate result of the acts and omissions of Defendant,
MARIA BELEN GAME, M.D., DOUGLAS JAMES ROBERTS wrongfully died and Plaintiff,
LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS
JAMES ROBERTS, demands judgment for the following damages pursuant to Fla. Stat. §768.21
of the Wrongful Death Act on behalf of the Estate of DOUGLAS JAMES ROBERTS:
a. Loss of earnings of the decedent from the date of injury to the date of death, less
lost support of survivors excluding contributions in kind, with interest.
b. Loss of the prospective net accumulations of an estate, which might reasonably
have been expected but for the wrongful death, reduced to present money value.
c. Medical or funeral expenses due to the decedent's injury or death that have become
a charge against her or his estate or that were paid by or on behalfof decedent.
d. All other damages recoverable under Florida law.
WHEREFORE, Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative
of the Estate of DOUGLAS JAMES ROBERTS, demandsjudgment against Defendant, MARIA
BELEN GAME, M.D.
Complaint
Page 10
DEMAND FOR JURY TRIAL
Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of
DOUGLAS JAMES ROBERTS, hereby demands trial by jury of all issues so triable as a matter
of right.
CERTIFICATE OF REASONABLE INVESTIGATION
Undersigned counsel hereby certifiesthat a reasonable investigation has been made, giving
rise to a good faith belief that grounds exist for an action against Defendants as stated above.
DATED: August 31, 2021.
11 /7
UWCLLL/
EDWARD V. RICCI
Florida Bar No.: 0039079
E-Mail:
Searcy Denney ScarolaBarnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, Florida 33409
Phone: (561) 686-6300
Fax: (561) 383-9503
Attorneys for Plaintiff
1.
D
/
Mau Mam
QnbzJZMOig
IN THE CIRCUIT COURT OF THE
1711{ JUDICIALCIRCUrr IN AND
FOR BROWARD COUNTY, FLORIDA
I
PROBATE DIVISION i
CASE
IN RE ESTATE OF:
DOUGLAS J. ROBERTS,
.j Deceased.
.4;
it QEINTRA
1? TO ALL WHO IT MAY CONCERN:
/
:
Florida. died on
WHEREAS, DOUGLAS ROBERTS, a residentof Broward County.
February 21,2019 owning assets in the State ofFloridaand,
WHEREAS, LISA VUNKANNON-ROBERTS has been appointed personal
Estate of the Decedent and has performed a!1 acts prerequisite to the
representative of tile
1 issuanceof letter ofadministration in the estate,
i
NOW, THEREFORE, I, the undersigned Circuit Judge, declare LISA VUNKANNON-
ROBERTS duly qualified under the laws of the State ofFlorida to act personal representativesof
tha Estate of DOUGLAS ROBERTS, deceased, with full power to administer the estate
according to law; to ask, demand, sue for, recover and receive the property of the Decedent; to
NJ-*
pay thedebts ofthe Decedentasfaras theassetsoftheestatewitlpemH andtheiaw,
d,r,%94Aw3.,,,+
to make distribution ofthe estate according to law, ..5iFGOURT .'.IL,
1
f
ORDERED ON uw-.3,
-AM--'-f
v ,2019.
n.
I
..ZI.IMV#.DOS L..
HMEVER MM--S-H.ALL.eeoNuO.
SA?-?? iA..ER-.OofanANY
.Y0 4
vh Ii#,
;QbPE, *#k-tt..5'15?
MHOUiFUMERCOMORDER. LITAATUEIA,B
U'FZi
EXHIBIT
1A
Preview
Filing # 133797945 E-Filed 08/31/2021 05:19:15 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA CASE NO.: LISA VUNKANNON-ROBERTS5 as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, deceased, Plaintiff? V. PRONTO URGENT CARE LLC and MARIA BELEN GAME, M.D. Defendants. I COMPLAINT Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, deceased, hereby sues the Defendant, PRONTO URGENT CARE LLC, and MARIA BELEN GAME, M.D., and alleges: 1. This is an action for medical malpractice and wrongful death that has been filed pursuant to Fla. Stat. §§ 766 and 768, and Fla. R. Civ. P. 1.650. 2. Defendants have received notice of this claim pursuant to Fla. Stat. §766.106 and 768.28. 3. All conditions precedent have been satisfied or waived. 4. This is an action for damages in excess of $30,000.00 exclusive of interest and costs. 5. At all times material hereto, Defendant, PRONTO URGENT CARE LLC, was a corporation organized and existing under the laws of the state of Florida, conducting its daily *** FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 08/31/2021 05:19:12 PM.**** Complaint Page 2 business in Broward County, Florida. As such, Defendant held itself out to the public as a health care provider having the facilities, physicians, staff and trained personnel to examine, diagnose and treat patients like the decedent, DOUGLAS JAMES ROBERTS in accordance with the minimum standard of care. 6. At all times material hereto, Defendant, PRONTO URGENT CARE LLC acted individually and by and through its agents, apparent agents, servants and/or employees, including MARIA BELEN GAME, M.D. and William Torres who were acting within the course and scope of their agency, apparent agency and/or employment relationship with Defendant and in furtherance of the PRONTO URGENT CARE LLC's business interests. 7. Defendant, PRONTO URGENT CARE LLC is vicariouslyliable for the negligence of MARIA BELEN GAME, M.D. and William Torres. 8. At all times material, Defendant, PRONTO URGENT CARE LLC has corporate liability for its own negligence and is vicariously liable for the negligent acts and omissions of its agents, apparent agents, servants and/or employees while acting within the course and scope of their agency, apparent agency and/or employment relationship and furtherance of PRONTO URGENT CARE LLC's business pursuits. 9. At all times material, Defendant, PRONTO URGENT CARE LLC utilized the services of physicians, medical assistants, registered nurses, licensed practical nurses, student practical nurses, technicians, hospital staff and hospital personnel who were the agents, apparent agents, servants and/or employees of the PRONTO URGENT CARE LLC, acting within the course and scope of their agency, apparent agency and/or employment relationship in furtherance of PRONTO URGENT CARE LLC's business pursuits. Complaint Page 3 10. At all times material, MARIA BELEN GAME, M.D., held herselfout to the public as an urgent care physician possessing that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers. 11. LISA VUNKANNON-ROBERTS (DOB: 10/13/1969) is the Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, deceased. The letters of administration are attached as "Exhibit A." 12. The decedent, DOUGLAS JAMES ROBERTS (DOB: 1/14/1969) wrongfully died on February 21, 2019, due to medical negligence by Defendant and its employees, agents, or apparent agents: MARIA BELEN GAME, M.D. and William Torres. 13. At all material times, LISA VUNKANNON-ROBERTS and DOUGLAS JAMES ROBERTS were married and living together as husband and wife. 14. Pursuant to Florida's Wrongful Death Act, LISA VUNKANNON-ROBERTS is a statutorily defined survivor who is eligible to assert a claim for damages resulting from the wrongful death of her husband, DOUGLAS JAMES ROBERTS 15. Pursuant to Florida's Wrongful Death Act, PIERCE ROBERTS (DOB: 11/29/2005) is a statutorily defined survivor who is eligible to assert a claim for damages resulting from the wrongful death of his father, DOUGLAS JAMES ROBERTS. 16. Pursuant to Florida's Wrongful Death Act, OLIVIA ROBERTS (DOB 10/30/2003) is a statutoriIy defined survivor who is eligible to assert a claim for damages resulting from the wrongful death of her father, DOUGLAS JAMES ROBERTS Complaint Page 4 17. Venue is proper in Broward County under Fla. Stat. §47.011 because it is the county where one or more of the Defendants reside. GENERAL STATEMENT OF FACTS 18. On February 18,2019, DOUGLAS JAMES ROBERTS, a 50-year-old man with an unremarkablemedical history, presented at PRONTO URGENT CARE LLC in Broward County for flu-like symptoms and was seen there by MARIA BELEN GAME, M.D. 19. DOUGLAS JAMES ROBERTS presented with abnormal vital signs that warranted further evaluation and treatment or referral to an Emergency Room. Instead, he was prescribed Tamiflu and sent home. 20. In the early morning hours of February 20, 2019, Mr. ROBERTS awoke complaining of a severe headache and he quickly became unresponsive. Ft. Lauderdale Fire Rescue transported Mr. ROBERTS to Holy Cross Hospital wherein it was determined that Mr. ROBERTS had a subarachnoid hemorrhage secondary to a ruptured aneurysm and resulting brain death. Ultimately, Mr. ROBERTS was taken off of life support and died on February 21,2019. 21. As a result of the negligent medical care provided PRONTO URGENT CARE LLC, DOUGLAS JAMES ROBERTS' uncontrolled and untreated blood pressure resulted in brain hemorrhage and ultimately his death on February 21,2019. COIJNT I: MEDICAL MALPRACTICE CLAIM AGAINST PRONTO URGENT CARE LLC 22. Plaintiffhereby adopts by reference the allegations contained in paragraphs 1 to 21 as though fully set forth herein. Complaint Page 5 23. Defendant, PRONTO URGENT CARE LLC, by and through its agents, servants and employees, including but not limited to William Torres and MARIA BELEN GAME, M.D., owed a duty of care to DOUGLAS JAMES ROBERTS to provide that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers for the treatment of DOUGLAS JAMES ROBERTS. In summary, Defendant breached the standard of care in the following ways: a. Negligently failing to treat MR. ROBERTS' abnormal vital signs, or alternatively failing to arrange for MR. ROBERTS to receive treatment at the nearest emergency room. b. Negligentlyfailing to provide that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized to be acceptable and appropriate by reasonably prudent similar healthcare providers which resulted in catastrophiccomplications and wrongful death. 24. As a direct and proximate result of the acts and omissions of Defendant, PRONTO URGENT CARE LLC, by and through its agents and employees, DOUGLAS JAMES ROBERTS wrongfully died and Plaintiff, LISA VUNKANNON-ROBERTS5 as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, demands judgment for the following damages pursuant to Fla. Stat. §768.21 of the Wrongful Death Act on behalf of the decedent's surviving spouse, LISA VUNKANNON-ROBERTS: Complaint Page 6 a. The value of lost support and services from the date of the decedent's injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. b. The loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury. c. Medical or funeral expenses due to the decedent's injury and death. d. All other damages recoverable under Florida law. 25. As a further direct and proximate result of the acts and omissions of Defendant, PRONTO URGENT CARE LLC, by and through its agents and employees, DOUGLAS JAMES ROBERTS wrongfully died and Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS and surviving statutory children, demands judgment for the followingdamages pursuant to Fla. Stat. §768.21 ofthe Wrongful Death Act: a. Loss of earnings of the decedent from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. b. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value. c. Medical or funeral expenses due to the decedent's injury or death that have become a charge against her or his estate or that were paid by or on behalfof decedent. d. All other damages recoverable under Florida law. 26. Plaintiff demands judgment for all damages suffered by OLIVIA ROBERTS, surviving statutory minor child, to include: Complaint Page 7 a. The value of lost support and services from the date of the decedent's injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. b. Lost parental companionship, instruction, and guidance and for mental and pain suffering from the date of injury. c. Medical or funeral expenses due to the decedent's injury or death. 27. Plaintiff demands judgment for all damages suffered by PIERCE ROBERTS, surviving statutory minor child, to include: The value of lost support and services from the date of the decedent's a. injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. b. Lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. c. Medical or funeral expenses due to the decedent's injury or death. WHEREFORE, Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, and surviving statutory children demands judgment against Defendant, PRONTO URGENT CARE LLC. COUNT II: MEDICAL MALPRACTICE CLAIM AGAINST MARIA BELEN GAME, M.D. 28. Plaintiffhereby adopts by reference the allegations contained in paragraphs 1 to 22 as though fully set forth herein. Complaint Page 8 29. Defendant, MARIA BELEN GAME, M.D., owed a duty of care to DOUGLAS JAMES ROBERTS to provide that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers for the treatment of DOUGLAS JAMES ROBERTS. In summary, Defendant breached the standard of care in the following ways: a. Negligently failing to treat MR. ROBERTS' abnormal vital signs, or alternatively failing to arrange for MR. ROBERTS to receive treatment at the nearest emergency room. b. Negligently failing to provide that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is as recognized to be acceptable and appropriate by reasonably prudent similar healthcare providers which resulted in catastrophiccomplications and wrongful death. 30. As a direct and proximate result of the acts and omissions of Defendant, MARIA BELEN GAME, M.D., DOUGLAS JAMES ROBERTS wrongfully died and Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, demands judgment for the following damages pursuant to Fla. Stat. §768.21 of the Wrongful Death Act on behalf of the decedent's surviving spouse, LISA VUNKANNON- ROBERTS: a. The value of lost support and services from the date ofthe decedent's injury to his death, with interest, and future loss of support and services from the date of death and reduced to present value. Complaint Page 9 b. The loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury. c. Medical or funeral expenses due to the decedent's injury and death. d. All other damages recoverable under Florida law. 31. As a further direct and proximate result of the acts and omissions of Defendant, MARIA BELEN GAME, M.D., DOUGLAS JAMES ROBERTS wrongfully died and Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, demands judgment for the following damages pursuant to Fla. Stat. §768.21 of the Wrongful Death Act on behalf of the Estate of DOUGLAS JAMES ROBERTS: a. Loss of earnings of the decedent from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. b. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value. c. Medical or funeral expenses due to the decedent's injury or death that have become a charge against her or his estate or that were paid by or on behalfof decedent. d. All other damages recoverable under Florida law. WHEREFORE, Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, demandsjudgment against Defendant, MARIA BELEN GAME, M.D. Complaint Page 10 DEMAND FOR JURY TRIAL Plaintiff, LISA VUNKANNON-ROBERTS, as Personal Representative of the Estate of DOUGLAS JAMES ROBERTS, hereby demands trial by jury of all issues so triable as a matter of right. CERTIFICATE OF REASONABLE INVESTIGATION Undersigned counsel hereby certifiesthat a reasonable investigation has been made, giving rise to a good faith belief that grounds exist for an action against Defendants as stated above. DATED: August 31, 2021. 11 /7 UWCLLL/ EDWARD V. RICCI Florida Bar No.: 0039079 E-Mail: Searcy Denney ScarolaBarnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, Florida 33409 Phone: (561) 686-6300 Fax: (561) 383-9503 Attorneys for Plaintiff 1. D / Mau Mam QnbzJZMOig IN THE CIRCUIT COURT OF THE 1711{ JUDICIALCIRCUrr IN AND FOR BROWARD COUNTY, FLORIDA I PROBATE DIVISION i CASE IN RE ESTATE OF: DOUGLAS J. ROBERTS, .j Deceased. .4; it QEINTRA 1? TO ALL WHO IT MAY CONCERN: / : Florida. died on WHEREAS, DOUGLAS ROBERTS, a residentof Broward County. February 21,2019 owning assets in the State ofFloridaand, WHEREAS, LISA VUNKANNON-ROBERTS has been appointed personal Estate of the Decedent and has performed a!1 acts prerequisite to the representative of tile 1 issuanceof letter ofadministration in the estate, i NOW, THEREFORE, I, the undersigned Circuit Judge, declare LISA VUNKANNON- ROBERTS duly qualified under the laws of the State ofFlorida to act personal representativesof tha Estate of DOUGLAS ROBERTS, deceased, with full power to administer the estate according to law; to ask, demand, sue for, recover and receive the property of the Decedent; to NJ-* pay thedebts ofthe Decedentasfaras theassetsoftheestatewitlpemH andtheiaw, d,r,%94Aw3.,,,+ to make distribution ofthe estate according to law, ..5iFGOURT .'.IL, 1 f ORDERED ON uw-.3, -AM--'-f v ,2019. n. I ..ZI.IMV#.DOS L.. HMEVER MM--S-H.ALL.eeoNuO. SA?-?? iA..ER-.OofanANY .Y0 4 vh Ii#, ;QbPE, *#k-tt..5'15? MHOUiFUMERCOMORDER. LITAATUEIA,B U'FZi EXHIBIT 1A