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Filing # 121333936 E-Filed 02/12/2021 03:26:24 PM
ZxdcfvghjkIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND
FOR PALM BEACH COUNTY, FLORIDA
CASE NO.: 2020CA010576XXXXMB
DIVISION: AH
BERNARD SUSSMAN and
FRANCINE SUSSMAN,
Plaintiff(s),
Vs.
BCMB ENTERPRISES, INC d/b/a
A BETTER WAY HOME CARE,
Defendant.
/
DEFENDANT’S WITNESS LIST
Defendant, BCMB ENTERPRISES, INC d/b/a A BETTER WAY HOME CARE, by and
through the undersigned counsel and pursuant to the Order Setting Jury Trial and Directing
Pretrial and Mediation Procedures, dated December 23, 2020, hereby files this Witness List as
follows:
It is anticipated that these witnesses may testify as to the medical history, care, treatment,
liability, and damages regarding BERNARD SUSSMAN and FRANCINE SUSSMAN.
1. Bernard Sussman, Plaintiff
c/o Dave K. Roy, Esq.,
Roy & Associates, P.A.
1665 Palm Beach Lakes Boulevard, Suite 1010
West Palm Beach, FL 33401
Derninn Qornnenenes Diatets
Piancine SUSSinal, Fiainiuit
c/o Dave K. Roy, Esq.,
Roy & Associates, P.A.
1665 Palm Beach Lakes Boulevard, Suite 1010
‘West Palm Beach, FL 33401
bo
3. Any and all friends and family members of BERNARD SUSSMAN and FRANCINE
SUSSMAN
CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED N9M9INNNA N292-94 DNA
HILLY. PAL DLA VUUINE TT, PL, JUOL IE mDNUeey, ULLIAN, ver i2i2ue! vl.2u.et cit14.
Shatarra Smith, current home health aide at
A Better Way Home Care
c/o Robin N. Khanal, Esq.
Quintairos, Prieto, Wood & Boyer
255 S. Orange Avenue, Suite 900
Orlando, FL 3280
Bonnie J. Glover, JD, Administrator at
A Better Way Home Care
c/o Robin N. Khanal, Esq.
Quintairos, Prieto, Wood & Boyer
255 S. Orange Avenue, Suite 900
Orlando, FL 3280
Amy Thibault, Current Register Nurse at
A Better Way Home Care
c/o Robin N. Khanal, Esq.
Quintairos, Prieto, Wood & Boyer
255 S. Orange Avenue, Suite 900
Orlando, FL 3280
Katia Louis Jean, Current Register Nurse at
A Better Way Home Care
c/o Robin N. Khanal, Esq.
Quintairos, Prieto, Wood & Boyer
255 S. Orange Avenue, Suite 900
Orlando, FL 3280
Mary Christie, Current Certified Nursing Assistant at
A Better Way Home Care
c/o Robin N. Khanai, Esq.
Quintairos, Prieto, Wood & Boyer
255 S. Orange Avenue, Suite 900
Orlando, FL 3280
Tiffany Polk, Current Home Health Aide at
A Better Way Home Care
GG Rovia N. Nuaiial, BSG.
Quintairos, Prieto, Wood & Boyer
255 S. Orange Avenue, Suite 900
Orlando, FL 3280
Julie Stevens, Former Register Nurse at
A Better Way Home Care
Addrace TInlnaum at thie tima
AAGGIESS UNRTOWir at Uno Une15.
16.
17.
18.
19.
20.
21.
22,
23.
24.
25.
Merlyne Rock, Register Nurse for Vitas Hospice
2801 N. State Road 7
Margate, FL 33063
Gladis Africano, MSW Vitas Hospice
1501 NW 12" Terrace
Boca Raton, FL 33486
Kalie Stern
Address Unknown
Falicia Baldasare
Address Unknown
Records Custodian and/or Staff, Agents and associated personnel of
Dr. Barry Berman
1309 N. Flagler Drive
West Palm Beach, FL 33401
Records Custodian and/or Staff, Agents and associated personnel of
Dr. Ira Brassloff
1552 Palm Beach Lakes Blvd.
West Palm Beach, FL 33401
Records Custodian and/or Staff, Agents and associated personnel of
Jeff Bergsman, M.D.
7308 Military Trail
WPB VAMC
West Palm Beach, FL 33410
Kecords Cusiodian and/or Siatt, Agenis and associated personnel of
Dr. Barry Horowitz
1515 N. Flagler Drive, Suite 430
West Palm Beach, FL 33401
Records Custodian and/or Staff, Agents and associated personnel of
Marie Maignan, MD
FINE Nth NAM Ped
79UD INOTUL IVLLaLy Lain
West Palm Beach, FL 33410
Records Custodian and/or Staff, Agents and associated personnel of
Palm Beach County Fire Rescue
405 Pike Road
West Palm Beach, FL 33411
Records Custodian and/or Staff, Agents and associated personnel of26.
27.
2B.
29.
West Palm Beach Veterans Affairs Medical Center
Keith Shampaner, MSW
7305 North Military Trail
West Palm Beach, FL 33410
Records Custodian and/or Staff, Agents and associated personnel of
Vitas Hospice of West Palm Beach
Dr. Parody
Jean Cabede, RN
Gladis Africano, MSW
Nurse Bazin, RN
Robert Levin, MD
Merline Rock, RN
Nona Lovin, RN
Emmanuelle Heard, RN
Craig Younce, Chaplain
Marie Pierre, RN
Emlyne Durosier, RN
Bertha Prosper, RN
Madeleine Miechel, RN
Tralia Joseph Giordani, RN
Michelle Law
100 Century Boulevard, Suite 101
West Palm Beach, FL 33417
Records Custodian and/or Staff, Agents and associated personnel of
Vitas Hospice of West Palm Beach
1901 S. Congress Ave., Suite 420
Boynton Beach, FL 33426.
Records Custodian and/or Stat, Agents and associated personnei of
West Palm Beach
Veterans Affairs Medical Center
7305 North Military Trail
West Palm Beach, FL 33410
Records Custodian and/or Staff, Agents and associated personnel of
Weilligion Regional Meaical Center
Romuald Altine, MD
Mike Justin, DO
Maria G. Sukhoo, DO
Brandt Delhamer, MD
Berry Pierre, MD
Justin William, DO
1N1A1 Baract Hill Ranlavard
2V1UE FOreot tin WOW VaLG
Wellington, FL 3341430.
31.
32.
DEFENDANT’S EXPERT WITNESS
Patrick Joseph, M.D.
5601 Norris Canyon Road, Suite #220
San Ramon, California 94583
Dr. Patrick Joseph is a physician licensed to practice medicine in California, Arizona, and
Florida, with specialties in internal medicine, infectious disease, epidemiology, and
molecular diagnostic laboratory medicine. Dr. Joseph is an Associate Clinical Professor
of Medicine at the University of California, San Francisco, and the hospital
epidemiologist for San Ramon Regional Medical Center in San Ramon, California. He is
the Laboratory Director of three molecular diagnostic laboratories, which design,
develop, manufacture, and perform molecular diagnostic tests for infectious and non-
infectious disease. Dr. Joseph has served on the Certification Board for Infection Control
and Epidemiology, written questions for the board’s examination, and has passed said
board to achieve board certification in infection disease control and epidemiology. Dr.
Joseph is the Past President of the National Foundation for Infectious Disease and a
Fellow of both the Infectious Diseases Society of America and the Society for Healthcare
Epidemiology of America.
Specific to this matter, Dr. Joseph will testify on the origin, incidence, distribution,
transmission, transmission prevention, and other clinical and medical implications
regarding the coronavirus disease, COVID-19. He will opine on the delivery of
healthcare and the practices of medicine, internal medical, epidemiology, and infectious
diseases as they relate to COVID-19. He will testify on the clinical applications of
infectious disease contact tracing and the infectious disease prevailing professional
standards of care within the healthcare industry, including home health care, and how
these standards relate to Bernard Sussman, Francine Sussman, and COVID-19. He will
discuss the processes of infection and disease control, the use of personal Protective
equipment, universai precautions, and infectious disease prevention as io healthcare
delivery and the many implications of COVID-19 and the COVID-19 pandemic.
Dr. Joseph will base his testimony on his many years’ of extensive education, training,
and experience, as well as his review of Bernard Sussman’s medical records, and any
discovery including Francine Sussman’s medical records, and depositions that either have
taken place or will take place prior to trial.
OTHER WITNESSES
Any and all treating physicians, consulting physicians, hospice centers, dietary aids,
radiologist, physical therapists, social service workers, nurses and records custodians who
treated, tended to, consulted with, or who maintained records related to BERNARD
SUSSMAN;
Any and all physicians whose names appear in the records of A BETTER WAY HOME
CARE, and from any other hospital or medical providers for BERNARD SUSSMAN;
533.
34.
35.
36.
37.
38.
39.
40.
41.
43.
44.
Records Custodian for A BETTER WAY HOME CARE;
All others determined through future discovery;
All witnesses listed by Plaintiff;
All expert witnesses listed by Plaintiff;
The respective records custodians for all records pertaining to this lawsuit;
All persons whose depositions have and will be taken in this action;
Any and all persons mentioned in the pleadings, depositions, interrogatories, and
responses to request to produce;
Any rebuttal and impeachment witnesses are hereto reserved by Defendant to be used at
trial;
All health related personnel who provided care or were supposed to provide care to
BERNARD SUSSMAN, considered to be an expert in their field, not yet retained by
counsel;
All experts identified in depositions taken or to be taken, answers to interrogatories,
response to request for admission and responses to request for production;
Any rebuttal and impeachment expert witnesses are hereto reserved by Defendant to be
used at trial;
In addition to the experts listed above, Defendant may call any other licensed practical
nurses or registered nurses as expert witnesses.
Defendant reserves the right to amend and/or supplement this witness list as discovery
progresses and to add rebuttal expert witnesses based on Plaintiff's list of witnesses.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on the 12" of February 2021, a true and correct copy of the
foregoing has been furnished via the Florida e-filing portal: Dave K. Roy, Esq., Roy &
Associates, P.A., 1665 Palm Beach Lakes Boulevard, Suite 1010, West Palm Beach, Florida
22QAN1 infaAdavearnulaur cam
sous,
bnoWwaaveroyiaw.cou.QUINTAIROS, PRIETO, WOOD & BOYER, P.A.
[5] Robin N. Khanal
ROBIN N. KHANAL, ESQUIRE
Florida Bar No.: 0571032
CHRISTOPHER N. GONSALVES, ESQUIRE
Florida Bar No.: 1018014
255 S. Orange Ave., Suite 900
Orlando, Florida 32801
Tel: (407) 872-6011
Fax: (407) 872-6012
Attorneys for Defendant
Pleading designation:
RNK Pleadings: whlaw.com
Preview
Filing # 121333936 E-Filed 02/12/2021 03:26:24 PM ZxdcfvghjkIN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 2020CA010576XXXXMB DIVISION: AH BERNARD SUSSMAN and FRANCINE SUSSMAN, Plaintiff(s), Vs. BCMB ENTERPRISES, INC d/b/a A BETTER WAY HOME CARE, Defendant. / DEFENDANT’S WITNESS LIST Defendant, BCMB ENTERPRISES, INC d/b/a A BETTER WAY HOME CARE, by and through the undersigned counsel and pursuant to the Order Setting Jury Trial and Directing Pretrial and Mediation Procedures, dated December 23, 2020, hereby files this Witness List as follows: It is anticipated that these witnesses may testify as to the medical history, care, treatment, liability, and damages regarding BERNARD SUSSMAN and FRANCINE SUSSMAN. 1. Bernard Sussman, Plaintiff c/o Dave K. Roy, Esq., Roy & Associates, P.A. 1665 Palm Beach Lakes Boulevard, Suite 1010 West Palm Beach, FL 33401 Derninn Qornnenenes Diatets Piancine SUSSinal, Fiainiuit c/o Dave K. Roy, Esq., Roy & Associates, P.A. 1665 Palm Beach Lakes Boulevard, Suite 1010 ‘West Palm Beach, FL 33401 bo 3. Any and all friends and family members of BERNARD SUSSMAN and FRANCINE SUSSMAN CHEN. DAIAARCACUAAIINTY Cl INGEDU ARDIIV7ZN FLED N9M9INNNA N292-94 DNA HILLY. PAL DLA VUUINE TT, PL, JUOL IE mDNUeey, ULLIAN, ver i2i2ue! vl.2u.et cit14. Shatarra Smith, current home health aide at A Better Way Home Care c/o Robin N. Khanal, Esq. Quintairos, Prieto, Wood & Boyer 255 S. Orange Avenue, Suite 900 Orlando, FL 3280 Bonnie J. Glover, JD, Administrator at A Better Way Home Care c/o Robin N. Khanal, Esq. Quintairos, Prieto, Wood & Boyer 255 S. Orange Avenue, Suite 900 Orlando, FL 3280 Amy Thibault, Current Register Nurse at A Better Way Home Care c/o Robin N. Khanal, Esq. Quintairos, Prieto, Wood & Boyer 255 S. Orange Avenue, Suite 900 Orlando, FL 3280 Katia Louis Jean, Current Register Nurse at A Better Way Home Care c/o Robin N. Khanal, Esq. Quintairos, Prieto, Wood & Boyer 255 S. Orange Avenue, Suite 900 Orlando, FL 3280 Mary Christie, Current Certified Nursing Assistant at A Better Way Home Care c/o Robin N. Khanai, Esq. Quintairos, Prieto, Wood & Boyer 255 S. Orange Avenue, Suite 900 Orlando, FL 3280 Tiffany Polk, Current Home Health Aide at A Better Way Home Care GG Rovia N. Nuaiial, BSG. Quintairos, Prieto, Wood & Boyer 255 S. Orange Avenue, Suite 900 Orlando, FL 3280 Julie Stevens, Former Register Nurse at A Better Way Home Care Addrace TInlnaum at thie tima AAGGIESS UNRTOWir at Uno Une15. 16. 17. 18. 19. 20. 21. 22, 23. 24. 25. Merlyne Rock, Register Nurse for Vitas Hospice 2801 N. State Road 7 Margate, FL 33063 Gladis Africano, MSW Vitas Hospice 1501 NW 12" Terrace Boca Raton, FL 33486 Kalie Stern Address Unknown Falicia Baldasare Address Unknown Records Custodian and/or Staff, Agents and associated personnel of Dr. Barry Berman 1309 N. Flagler Drive West Palm Beach, FL 33401 Records Custodian and/or Staff, Agents and associated personnel of Dr. Ira Brassloff 1552 Palm Beach Lakes Blvd. West Palm Beach, FL 33401 Records Custodian and/or Staff, Agents and associated personnel of Jeff Bergsman, M.D. 7308 Military Trail WPB VAMC West Palm Beach, FL 33410 Kecords Cusiodian and/or Siatt, Agenis and associated personnel of Dr. Barry Horowitz 1515 N. Flagler Drive, Suite 430 West Palm Beach, FL 33401 Records Custodian and/or Staff, Agents and associated personnel of Marie Maignan, MD FINE Nth NAM Ped 79UD INOTUL IVLLaLy Lain West Palm Beach, FL 33410 Records Custodian and/or Staff, Agents and associated personnel of Palm Beach County Fire Rescue 405 Pike Road West Palm Beach, FL 33411 Records Custodian and/or Staff, Agents and associated personnel of26. 27. 2B. 29. West Palm Beach Veterans Affairs Medical Center Keith Shampaner, MSW 7305 North Military Trail West Palm Beach, FL 33410 Records Custodian and/or Staff, Agents and associated personnel of Vitas Hospice of West Palm Beach Dr. Parody Jean Cabede, RN Gladis Africano, MSW Nurse Bazin, RN Robert Levin, MD Merline Rock, RN Nona Lovin, RN Emmanuelle Heard, RN Craig Younce, Chaplain Marie Pierre, RN Emlyne Durosier, RN Bertha Prosper, RN Madeleine Miechel, RN Tralia Joseph Giordani, RN Michelle Law 100 Century Boulevard, Suite 101 West Palm Beach, FL 33417 Records Custodian and/or Staff, Agents and associated personnel of Vitas Hospice of West Palm Beach 1901 S. Congress Ave., Suite 420 Boynton Beach, FL 33426. Records Custodian and/or Stat, Agents and associated personnei of West Palm Beach Veterans Affairs Medical Center 7305 North Military Trail West Palm Beach, FL 33410 Records Custodian and/or Staff, Agents and associated personnel of Weilligion Regional Meaical Center Romuald Altine, MD Mike Justin, DO Maria G. Sukhoo, DO Brandt Delhamer, MD Berry Pierre, MD Justin William, DO 1N1A1 Baract Hill Ranlavard 2V1UE FOreot tin WOW VaLG Wellington, FL 3341430. 31. 32. DEFENDANT’S EXPERT WITNESS Patrick Joseph, M.D. 5601 Norris Canyon Road, Suite #220 San Ramon, California 94583 Dr. Patrick Joseph is a physician licensed to practice medicine in California, Arizona, and Florida, with specialties in internal medicine, infectious disease, epidemiology, and molecular diagnostic laboratory medicine. Dr. Joseph is an Associate Clinical Professor of Medicine at the University of California, San Francisco, and the hospital epidemiologist for San Ramon Regional Medical Center in San Ramon, California. He is the Laboratory Director of three molecular diagnostic laboratories, which design, develop, manufacture, and perform molecular diagnostic tests for infectious and non- infectious disease. Dr. Joseph has served on the Certification Board for Infection Control and Epidemiology, written questions for the board’s examination, and has passed said board to achieve board certification in infection disease control and epidemiology. Dr. Joseph is the Past President of the National Foundation for Infectious Disease and a Fellow of both the Infectious Diseases Society of America and the Society for Healthcare Epidemiology of America. Specific to this matter, Dr. Joseph will testify on the origin, incidence, distribution, transmission, transmission prevention, and other clinical and medical implications regarding the coronavirus disease, COVID-19. He will opine on the delivery of healthcare and the practices of medicine, internal medical, epidemiology, and infectious diseases as they relate to COVID-19. He will testify on the clinical applications of infectious disease contact tracing and the infectious disease prevailing professional standards of care within the healthcare industry, including home health care, and how these standards relate to Bernard Sussman, Francine Sussman, and COVID-19. He will discuss the processes of infection and disease control, the use of personal Protective equipment, universai precautions, and infectious disease prevention as io healthcare delivery and the many implications of COVID-19 and the COVID-19 pandemic. Dr. Joseph will base his testimony on his many years’ of extensive education, training, and experience, as well as his review of Bernard Sussman’s medical records, and any discovery including Francine Sussman’s medical records, and depositions that either have taken place or will take place prior to trial. OTHER WITNESSES Any and all treating physicians, consulting physicians, hospice centers, dietary aids, radiologist, physical therapists, social service workers, nurses and records custodians who treated, tended to, consulted with, or who maintained records related to BERNARD SUSSMAN; Any and all physicians whose names appear in the records of A BETTER WAY HOME CARE, and from any other hospital or medical providers for BERNARD SUSSMAN; 533. 34. 35. 36. 37. 38. 39. 40. 41. 43. 44. Records Custodian for A BETTER WAY HOME CARE; All others determined through future discovery; All witnesses listed by Plaintiff; All expert witnesses listed by Plaintiff; The respective records custodians for all records pertaining to this lawsuit; All persons whose depositions have and will be taken in this action; Any and all persons mentioned in the pleadings, depositions, interrogatories, and responses to request to produce; Any rebuttal and impeachment witnesses are hereto reserved by Defendant to be used at trial; All health related personnel who provided care or were supposed to provide care to BERNARD SUSSMAN, considered to be an expert in their field, not yet retained by counsel; All experts identified in depositions taken or to be taken, answers to interrogatories, response to request for admission and responses to request for production; Any rebuttal and impeachment expert witnesses are hereto reserved by Defendant to be used at trial; In addition to the experts listed above, Defendant may call any other licensed practical nurses or registered nurses as expert witnesses. Defendant reserves the right to amend and/or supplement this witness list as discovery progresses and to add rebuttal expert witnesses based on Plaintiff's list of witnesses. CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 12" of February 2021, a true and correct copy of the foregoing has been furnished via the Florida e-filing portal: Dave K. Roy, Esq., Roy & Associates, P.A., 1665 Palm Beach Lakes Boulevard, Suite 1010, West Palm Beach, Florida 22QAN1 infaAdavearnulaur cam sous, bnoWwaaveroyiaw.cou.QUINTAIROS, PRIETO, WOOD & BOYER, P.A. [5] Robin N. Khanal ROBIN N. KHANAL, ESQUIRE Florida Bar No.: 0571032 CHRISTOPHER N. GONSALVES, ESQUIRE Florida Bar No.: 1018014 255 S. Orange Ave., Suite 900 Orlando, Florida 32801 Tel: (407) 872-6011 Fax: (407) 872-6012 Attorneys for Defendant Pleading designation: RNK Pleadings: whlaw.com