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Filing # 138726012 E-Filed 11/17/2021 02:46:23 PM
IN THE CIRCUIT COURT OF THE 15TH
JUDICIAL CIRCUIT IN AND FOR PALM
BEACH COUNTY, FLORIDA
CASE NO.: 50-2018-CA-15763-XXXX-
MB
ELIZABETH L. BALZARANO, Individually,
and as Personal Representative of the
ESTATE OF MICHELLE L. BALZARANO,
Plaintiffs,
Vv.
LIFELINE RECOVERY, LLC d/b/a LIFELINE
RECOVERY SUPPORT SERVICES, a
Foreign Corporation; JOHN BROGAN; LIFE
CHANGES ADDICTION TREATMENT
CENTER OF THE PALM BEACHES;
WARBIRD PROPERTIES, LLC,
d/b/a CAMERON VILLA, LLC, a Florida
Corporation;
EMILIO DUBOY, M.D.; and JANINE
BEATTIE, ARNP,
Defendants.
/
DEFENDANT’S RESPONSES AND OBJECTIONS TO
PLAINTIFF’S REQUEST FOR PRODUCTION TO JANINE BEATTIE, ARNP
COMES NOW, Jeanine Beattie, ARNP, pursuant to Rule 1.350 of the Florida Rules
of Civil Procedure, hereby responds to Plaintiffs First Request for Production of
Documents as follows:
RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION
1. All medical records, correspondence, complete charts, lists of medications, and
any other tangible data which pertains or relates in any way to the care and
treatment rendered to Michelle Balzarano.
RESPONSE: See attached.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAX
*** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/17/2021 02:46:23 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB
2. All documents and materials in Defendant's possession that pertain to Michelle
Balzarano other than those produced in response to request (1), above. If you do
not produce documents responsive to this request because you contend, they are
privileged, please produce a privilege log describing each such document.
RESPONSE: None.
3. All email correspondence related in any fashion to Michelle Balzarano. If you do
not produce documents responsive to this request because you contend, they are
privileged, please produce a privilege log describing each such document.
RESPONSE: None in my possession.
4. All internal email correspondence regarding the closing and/or shutting down of
Life Changes facility. If you do not produce documents responsive to this request
because you contend, they are privileged, please produce a privilege log
describing each such document.
RESPONSE: None in my possession.
5. Copies of all contracts and agreements between Life Changes and any other entity
for the care and treatment provided to Michelle Balzarano.
RESPONSE: None in my possession.
6. All bills, invoices, insurance forms, government documents and any other tangible
items in the possession of the Defendant which pertain, in any way, to the care of
Michelle Balzarano, excepting those medical records of Michelle Balzarano in
response to request number (1) and (2), above. This request is intended to include
but is not limited to all data and records relating to bills, statements and medical
charges rendered or submitted to any source arising out of the Defendant’s care
and treatment of Michelle Balzarano.
RESPONSE: None in my possession.
7. All manuals, policies, procedures, guidelines, rules and regulations addressing,
concerning and pertaining to patient/client discharge.
RESPONSE: None in my possession.
8. All manuals, policies, procedures, guidelines, rules and regulations addressing,
concerning and pertaining to linking patients/clients with qualified physicians post-
discharge.
RESPONSE: None in my possession.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB
9. All manuals, policies, procedures, guidelines, rules and regulations addressing,
concerning and pertaining to post-discharge medication management.
RESPONSE: None in my possession.
10.The index of all policies, procedures, guidelines, rules and regulations at
Defendant's facility.
RESPONSE: None in my possession.
11.All documents or electronic information that reflects internal communications
between health care providers at Defendant's facility regarding the care and
treatment rendered to Michelle Balzarano, including her discharge and any post-
discharge interactions.
RESPONSE: None in my possession.
12.All documents or electronic information that reflects communications between
health care providers at Defendant’s facility and any other individual or entity
regarding the care and treatment rendered to Michelle Balzarano, including her
discharge and any post-discharge interactions.
RESPONSE: None in my possession.
13.The complete personnel file of any physician, including any resident physician,
nurse, or other medical personnel who attended, examined, consulted, interpreted,
treated, or played any role whatsoever in the care and treatment of Michelle
Balzarano, including but not limited to Emilio Duboy, M.D. and Janine Beattie,
ARNP. The personnel files produced shall include but are not limited to the
following documentation:
(a) The employment application;
(b) All contracts or agreements with Defendant HOSPITAL relating to patient care
in effect on the date of services identified above;
(c) Photocopy of his or her identification badge;
(d) Letters of recommendation or other correspondence relating or pertaining in
any way to the physician; and
(e) Documents reflecting the scope of privileges of the physicians.
RESPONSE: None in my possession.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB
13 (misnumbered). All documents reflecting the training and education provided
by Defendant to physicians, nurses and other hospital personnel regarding the care
and treatment of patients suffering from stroke or suspected stroke.
RESPONSE: None in my possession.
14.All documents reflecting the name and type of the software and computer system
utilized by Defendant for entry of patient data in the care and treatment of Michelle
Balzarano.
RESPONSE: None in my possession.
15.Please produce all records made or received in the course of business by
Defendant, pertaining to adverse medical incidents arising out of the care and
treatment of patients in the thirty-six (36) months prior to and including July 2019.
For purposes of this request the identity of patients involved in the incidents shall
not be disclosed and the names of the patients should be redacted from the
records produced. The definition of “adverse medical incident’ as used in this
request is the same as that contained in Article X, Section 25(c)(3) of the Florida
Constitution, i.e., medical negligence, intentional misconduct, and any other act,
neglect, or default of a health care facility or health care provider that caused or
could have caused injury to or death of a patient, including, but not limited to, those
incidents that are required by state or federal law to be reported to any
governmental agency or body, and incidents that are reported to or reviewed by
any health care facility peer review, risk management, quality assurance,
credentials, or similar committee, or any representative of any such committees.
RESPONSE: None in my possession.
16. Updated professional CV of Janine Beattie.
RESPONSE: See attached.
17.A copy of Janine Beattie’s schedule/appointment book for April, May, and June of
2017. This request should include a copy of the entire schedule/appointments for
the date indicated. You may delete the names of any other patients reflected on
the schedule, but please do not delete any other information, specifically, the dates
and times of each appointment and the services rendered.
RESPONSE: None in my possession.
18. Copies of any and all invoices, bills, statements submitted, and payments received,
for services rendered to Michelle Balzarano.
RESPONSE: None in my possession.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB
19.A copy of the entire Medical Staff By-laws and Table of Contents for same that
were in effect at the time of the subject treatment.
RESPONSE: None in my possession.
20.A copy of the medical record charting requirements applicable to physicians or
nurses practicing at Defendant's facility that were in effect in April 2017.
RESPONSE: None in my possession.
21.Copies of any telephone call logs depicting calls made to Defendant regarding
Michelle Balzarano for April, May, and June of 2017.
RESPONSE: None in my possession.
22. Any and all communications with John Brogan.
RESPONSE: None in my possession.
23.Any and all communications with Lifeline Recovery Support Services, and any of
its agents, employees, or representatives.
RESPONSE: None in my possession.
24.Any and all communications with Cameron Villa, LLC, and any of its agents,
employees, or representatives.
RESPONSE: None in my possession.
25.All documents and records regarding the closing of Life Change’s facility.
RESPONSE: None in my possession.
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that on this 17th day of November, 2021, a true and correct
copy of the foregoing was filed with the Clerk of Palm Beach County by using the Florida
Courts e-Filing Portal, which will send an automatic e-mail message to the following
parties registered with the e-Filing Portal system: Warbird Properties LLC dba
CAMERON VILLA, LLC, Thomas D. Graham, Esq., Leesfield Scolaro, P.A.,
graham@leesfiled.com;leon@leesfield.com, 2350 S. Dixie Highway, Miami, FL 33133,
(305) 854-4900/(305) 854-8266 (F), Attorney for Plaintiff, Elizabeth L. Balzarano, Nicole
Sauvola LaMay, Esq., Nicole Sauvola PA, Colelaw36@gmail.com, 10152 Indiantown
Road, Box 138, Jupiter, FL 33478, (561) 506-5606/(561) 229-0169 (F), Attorney for
Defendant, Warbird Properties LLC dba CAMERON VILLA, LLC, Thomas Scolaro, Esq.,
Leesfield Scolaro, P.A., scolaro@leesfield.com; Shapiro@leesfield.com;
diaz@leesfield.com, 2350 South Dixie Highway, Miami, FL 33133, (305) 854-4900/(305)
854-8266 (F), Attorney for Plaintiff, Elizabeth L. Balzarano and Noelle Sheehan, Esq.,
Wilson Elser Moskowitz Edelman & Dicker, LLP,
Noelle.Sheehan@wilsonelser.com;Annette. Corchado@wilsonelser.com;Alejandra.Bosc
an@wilsonelser.com, 111 N. Orange Ave., Suite 1200, Orlando, FL 32801, (407) 203-
7599/(407) 648-1376 (F), Attorney for Defendant, Emilio Duboy.
COLE, SCOTT & KISSANE, P.A.
Counsel for Defendant Life Changes Addition
Treatment Center of The Palm Beaches and
Jeanine Beattie, ARNP;
Cole, Scott & Kissane Building
9150 South Dadeland Boulevard, Suite 1400
P.O. Box 569015
Miami, Florida 33256
Telephone (305) 350-5354
Facsimile (305) 373-2294
Primary e-mail: jonathan.midwall@csklegal.com
Secondary e-mail:
omaira.rodriguez@csklegal.com
By: _s/ Jonathan M. Midwall
JONATHAN M. MIDWALL
Florida Bar No.: 182011
ALYSSA M. TORNBERG
Florida Bar No.: 127409
1943.0485-00
COLE, SCOTT & KISSANE, P.A.
COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAX
Preview
Filing # 138726012 E-Filed 11/17/2021 02:46:23 PM IN THE CIRCUIT COURT OF THE 15TH JUDICIAL CIRCUIT IN AND FOR PALM BEACH COUNTY, FLORIDA CASE NO.: 50-2018-CA-15763-XXXX- MB ELIZABETH L. BALZARANO, Individually, and as Personal Representative of the ESTATE OF MICHELLE L. BALZARANO, Plaintiffs, Vv. LIFELINE RECOVERY, LLC d/b/a LIFELINE RECOVERY SUPPORT SERVICES, a Foreign Corporation; JOHN BROGAN; LIFE CHANGES ADDICTION TREATMENT CENTER OF THE PALM BEACHES; WARBIRD PROPERTIES, LLC, d/b/a CAMERON VILLA, LLC, a Florida Corporation; EMILIO DUBOY, M.D.; and JANINE BEATTIE, ARNP, Defendants. / DEFENDANT’S RESPONSES AND OBJECTIONS TO PLAINTIFF’S REQUEST FOR PRODUCTION TO JANINE BEATTIE, ARNP COMES NOW, Jeanine Beattie, ARNP, pursuant to Rule 1.350 of the Florida Rules of Civil Procedure, hereby responds to Plaintiffs First Request for Production of Documents as follows: RESPONSES TO PLAINTIFF’S FIRST REQUEST FOR PRODUCTION 1. All medical records, correspondence, complete charts, lists of medications, and any other tangible data which pertains or relates in any way to the care and treatment rendered to Michelle Balzarano. RESPONSE: See attached. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAX *** FILED: PALM BEACH COUNTY, FL JOSEPH ABRUZZO, CLERK. 11/17/2021 02:46:23 PM ***CASE NO.: 50-2018-CA-15763-XXXX-MB 2. All documents and materials in Defendant's possession that pertain to Michelle Balzarano other than those produced in response to request (1), above. If you do not produce documents responsive to this request because you contend, they are privileged, please produce a privilege log describing each such document. RESPONSE: None. 3. All email correspondence related in any fashion to Michelle Balzarano. If you do not produce documents responsive to this request because you contend, they are privileged, please produce a privilege log describing each such document. RESPONSE: None in my possession. 4. All internal email correspondence regarding the closing and/or shutting down of Life Changes facility. If you do not produce documents responsive to this request because you contend, they are privileged, please produce a privilege log describing each such document. RESPONSE: None in my possession. 5. Copies of all contracts and agreements between Life Changes and any other entity for the care and treatment provided to Michelle Balzarano. RESPONSE: None in my possession. 6. All bills, invoices, insurance forms, government documents and any other tangible items in the possession of the Defendant which pertain, in any way, to the care of Michelle Balzarano, excepting those medical records of Michelle Balzarano in response to request number (1) and (2), above. This request is intended to include but is not limited to all data and records relating to bills, statements and medical charges rendered or submitted to any source arising out of the Defendant’s care and treatment of Michelle Balzarano. RESPONSE: None in my possession. 7. All manuals, policies, procedures, guidelines, rules and regulations addressing, concerning and pertaining to patient/client discharge. RESPONSE: None in my possession. 8. All manuals, policies, procedures, guidelines, rules and regulations addressing, concerning and pertaining to linking patients/clients with qualified physicians post- discharge. RESPONSE: None in my possession. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB 9. All manuals, policies, procedures, guidelines, rules and regulations addressing, concerning and pertaining to post-discharge medication management. RESPONSE: None in my possession. 10.The index of all policies, procedures, guidelines, rules and regulations at Defendant's facility. RESPONSE: None in my possession. 11.All documents or electronic information that reflects internal communications between health care providers at Defendant's facility regarding the care and treatment rendered to Michelle Balzarano, including her discharge and any post- discharge interactions. RESPONSE: None in my possession. 12.All documents or electronic information that reflects communications between health care providers at Defendant’s facility and any other individual or entity regarding the care and treatment rendered to Michelle Balzarano, including her discharge and any post-discharge interactions. RESPONSE: None in my possession. 13.The complete personnel file of any physician, including any resident physician, nurse, or other medical personnel who attended, examined, consulted, interpreted, treated, or played any role whatsoever in the care and treatment of Michelle Balzarano, including but not limited to Emilio Duboy, M.D. and Janine Beattie, ARNP. The personnel files produced shall include but are not limited to the following documentation: (a) The employment application; (b) All contracts or agreements with Defendant HOSPITAL relating to patient care in effect on the date of services identified above; (c) Photocopy of his or her identification badge; (d) Letters of recommendation or other correspondence relating or pertaining in any way to the physician; and (e) Documents reflecting the scope of privileges of the physicians. RESPONSE: None in my possession. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB 13 (misnumbered). All documents reflecting the training and education provided by Defendant to physicians, nurses and other hospital personnel regarding the care and treatment of patients suffering from stroke or suspected stroke. RESPONSE: None in my possession. 14.All documents reflecting the name and type of the software and computer system utilized by Defendant for entry of patient data in the care and treatment of Michelle Balzarano. RESPONSE: None in my possession. 15.Please produce all records made or received in the course of business by Defendant, pertaining to adverse medical incidents arising out of the care and treatment of patients in the thirty-six (36) months prior to and including July 2019. For purposes of this request the identity of patients involved in the incidents shall not be disclosed and the names of the patients should be redacted from the records produced. The definition of “adverse medical incident’ as used in this request is the same as that contained in Article X, Section 25(c)(3) of the Florida Constitution, i.e., medical negligence, intentional misconduct, and any other act, neglect, or default of a health care facility or health care provider that caused or could have caused injury to or death of a patient, including, but not limited to, those incidents that are required by state or federal law to be reported to any governmental agency or body, and incidents that are reported to or reviewed by any health care facility peer review, risk management, quality assurance, credentials, or similar committee, or any representative of any such committees. RESPONSE: None in my possession. 16. Updated professional CV of Janine Beattie. RESPONSE: See attached. 17.A copy of Janine Beattie’s schedule/appointment book for April, May, and June of 2017. This request should include a copy of the entire schedule/appointments for the date indicated. You may delete the names of any other patients reflected on the schedule, but please do not delete any other information, specifically, the dates and times of each appointment and the services rendered. RESPONSE: None in my possession. 18. Copies of any and all invoices, bills, statements submitted, and payments received, for services rendered to Michelle Balzarano. RESPONSE: None in my possession. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB 19.A copy of the entire Medical Staff By-laws and Table of Contents for same that were in effect at the time of the subject treatment. RESPONSE: None in my possession. 20.A copy of the medical record charting requirements applicable to physicians or nurses practicing at Defendant's facility that were in effect in April 2017. RESPONSE: None in my possession. 21.Copies of any telephone call logs depicting calls made to Defendant regarding Michelle Balzarano for April, May, and June of 2017. RESPONSE: None in my possession. 22. Any and all communications with John Brogan. RESPONSE: None in my possession. 23.Any and all communications with Lifeline Recovery Support Services, and any of its agents, employees, or representatives. RESPONSE: None in my possession. 24.Any and all communications with Cameron Villa, LLC, and any of its agents, employees, or representatives. RESPONSE: None in my possession. 25.All documents and records regarding the closing of Life Change’s facility. RESPONSE: None in my possession. COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAXCASE NO.: 50-2018-CA-15763-XXXX-MB CERTIFICATE OF SERVICE | HEREBY CERTIFY that on this 17th day of November, 2021, a true and correct copy of the foregoing was filed with the Clerk of Palm Beach County by using the Florida Courts e-Filing Portal, which will send an automatic e-mail message to the following parties registered with the e-Filing Portal system: Warbird Properties LLC dba CAMERON VILLA, LLC, Thomas D. Graham, Esq., Leesfield Scolaro, P.A., graham@leesfiled.com;leon@leesfield.com, 2350 S. Dixie Highway, Miami, FL 33133, (305) 854-4900/(305) 854-8266 (F), Attorney for Plaintiff, Elizabeth L. Balzarano, Nicole Sauvola LaMay, Esq., Nicole Sauvola PA, Colelaw36@gmail.com, 10152 Indiantown Road, Box 138, Jupiter, FL 33478, (561) 506-5606/(561) 229-0169 (F), Attorney for Defendant, Warbird Properties LLC dba CAMERON VILLA, LLC, Thomas Scolaro, Esq., Leesfield Scolaro, P.A., scolaro@leesfield.com; Shapiro@leesfield.com; diaz@leesfield.com, 2350 South Dixie Highway, Miami, FL 33133, (305) 854-4900/(305) 854-8266 (F), Attorney for Plaintiff, Elizabeth L. Balzarano and Noelle Sheehan, Esq., Wilson Elser Moskowitz Edelman & Dicker, LLP, Noelle.Sheehan@wilsonelser.com;Annette. Corchado@wilsonelser.com;Alejandra.Bosc an@wilsonelser.com, 111 N. Orange Ave., Suite 1200, Orlando, FL 32801, (407) 203- 7599/(407) 648-1376 (F), Attorney for Defendant, Emilio Duboy. COLE, SCOTT & KISSANE, P.A. Counsel for Defendant Life Changes Addition Treatment Center of The Palm Beaches and Jeanine Beattie, ARNP; Cole, Scott & Kissane Building 9150 South Dadeland Boulevard, Suite 1400 P.O. Box 569015 Miami, Florida 33256 Telephone (305) 350-5354 Facsimile (305) 373-2294 Primary e-mail: jonathan.midwall@csklegal.com Secondary e-mail: omaira.rodriguez@csklegal.com By: _s/ Jonathan M. Midwall JONATHAN M. MIDWALL Florida Bar No.: 182011 ALYSSA M. TORNBERG Florida Bar No.: 127409 1943.0485-00 COLE, SCOTT & KISSANE, P.A. COLE, SCOTT & KISSANE BUILDING - 9150 SOUTH DADELAND BOULEVARD - SUITE 1400 - P.O. BOX §69015 - MIAMI, FLORIDA 33256 - (308) 360-5300 - (305) 373-2204 FAX