Filing # 104089980 E-Filed 02/28/2020 01:34:59 PM
`
`IN THE CIRCUIT COURT OF THE 177
`JUDICIAL CIRCUIT IN AND FOR
`BROWARD COUNTY, FLORIDA
`
`GENERAL JURISDICTION DIVISION
`
`CASE NO.: CACE 16-004209 (26)
`
`DARLINE ANGERVILf/k/a DARLINE ROCHER,
`Individually and as Parent and Natural Guardian of
`J.R., a minor,
`
`Plaintiff,
`
`vs.
`
`EMIL ABDALLA, D.O.; ALL WOMEN’S
`HEALTHCARE OF SAWGRASS, INC;
`VICKI JOHNSTON, M.D.; DONNA DURHAM,
`ARNP; SHERIDAN CHILDREN’S HEALTHCARE
`SERVICES, INC.; ALL WOMEN’S HEALTHCARE,
`INC.; SHERIDAN HEALTHCORP, INC.; SHERIDAN
`HEALTHCARE,INC.; SHERIDAN HOLDINGS, INC.;
`AMSURG CORP. and SOUTH BROWARD HOSPITAL
`DISTRICT d/b/a MEMORIAL HOSPITAL WEST,
`
`Defendants.
`/
`
`DEFENDANT, SOUTH BROWARD HOSPITAL DISTRICT’S d/b/a MEMORIAL
`HOSPITAL WEST RESPONSES TO PLAINTIFF’S FOURTH REQUEST FOR
`PRODUCTION DATED JANUARY28, 2020
`
`Defendant, SOUTH BROWARD HOSPITAL DISTRICT d/b/a MEMORIAL
`
`HOSPITAL WEST(hereinafter “SBHD”), by and through its undersigned counsel, files its
`
`Responsesto Plaintiff's Fourth Request for Production dated January 28, 2020, as follows:
`
`*** FTLED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 02/28/2020 01:35:12 PM.****
`
`
`
`ANGERVILE/ROCHERV. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`GENERAL OBJECTIONS
`
`All of Defendant’s Responses to Plaintiff's Fourth Request for Production are subject to
`
`these General Objections, which General Objections are incorporated into each of Defendant’s
`
`responses as if restated fully therein. Failure to specifically reference these General Objections,
`
`or a portion thereof, should not be construed as waiver of any General Objection or the General
`
`Objections generally.
`
`1.
`
`Defendant objects to each request to the extent that they seek information and/or
`
`documents protected from disclosure under the attorney-client privilege, settlement, or other
`
`privilege or by the attorney work-product doctrine.
`
`If any such information and/or documents
`
`are disclosed, except pursuant to a specific written agreement covering such information and/or
`
`documents and, the disclosure shall be deemed inadvertent and is not intended to waive or
`
`prejudice any applicable privilege or immunity from disclosure.
`
`2.
`
`Defendant’s Responses to Plaintiff's Request for Production are based on its
`
`understanding and interpretation thereof. To the extent Defendant
`
`later asserts a different
`
`understanding, Defendant reservesits right to supplement or amendits responses.
`
`3.
`
`Defendant has not completed its investigation of the facts relating to this case, has
`
`not fully completed the discovery in this action, and has not completed the preparation of this
`
`case for trial. All of the responses contained herein are based only upon such information and
`
`documents as are presently available and specifically known to Defendant, and disclose only
`
`those matters that presently occur to Defendant.
`
`It
`
`is anticipated that
`
`further discovery,
`
`investigation, legal research, and analyses will supply additional facts, add meaning to known
`
`facts, as well as establish entirely new factual conclusions and legal contentions, all of which
`
`may lead to substantial additions to, changes in, and variations from the contentions herein set
`
`
`
`ANGERVIL/ROCHERV. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`forth. The following written responses are given without prejudice to Defendant’s night
`
`to
`
`produce evidence of any facts or documents that Defendant may later recall or discover.
`
`Defendant accordingly reserves the right to change any andall responses herein as additional
`
`facts are ascertained, analyses are made, legal research is completed, and contentions are made.
`
`The responses contained herein are made in a good faith effort to supply as muchfactual
`
`information and as much specification of legal contention as is presently known, but are in no
`
`wayto the prejudice of Defendant to amend or supplement the responses upon further discovery,
`
`investigation, research or analysis.
`
`4.
`
`Except for facts explicitly admitted herein, no admission of any nature whatsoever
`
`is implied by, or to be inferred from, the responses.
`
`5.
`
`Defendant makes all of the objections contained herein, including its General
`
`Objections and Specific Objections, while reserving the right to make additional objections as
`
`may be deemed appropriate upon further review of information and/or documents.
`
`
`
`SBHD RESPONSES TO PLAINTIFF’S FOURTH REQUEST FOR PRODUCTION
`
`1.
`
`Any and all code 15 reports related to DARLINE ANGERVIL F/K/A DARLINE
`
`ANGERVIL/ROCHERV. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`ROCHERand/or JAYDA ROCHER.
`
`RESPONSE:
`
`None.
`
`2.
`
`Any and all policies and procedures at MEMORIAL HOSPITAL WESTrelated
`
`to the creation of code 15 reports from 2014 to the present.
`
`RESPONSE:
`
`
`Objection. Attorney Work Product. See Bartow HMA, LLC vy. Kirkland, 126 So.3d
`1247 (Fla. 2d DCA 2013).
`
`3.
`
`Any and all incidents reports related to DARLINE ANGERVIL F/K/A DARLINE
`
`ROCHERand/or JAYDA ROCHER.
`
`RESPONSE:
`
`Attached herewith are the following Incident Reports dated:
`
`January 17, 2014 3:00 p.m. (Darline Rocher) (SBHD-004450-004451)
`January 17, 2014 3:17 p.m. (Jayda Rocher) (SBHD-004452-004453)
`January 20, 2014 8:00 p.m. (Darline Rocher) (SBHD-004454-004455)
`January 20, 2014 4:11 p.m. (Darline Rocher) (SBHD-004456-004458)
`
`4.
`
`Any and all policies and procedures at MEMORIAL HOSPITAL WEST
`
`regarding the creation of incidents reports from 2014 to the present.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Bartow HMA, LLC v. Kirkland, 126 So.3d
`1247 (Fla. 2d DCA 2013).
`
`5.
`
`Any and all root cause analyses related to DARLINE ANGERVIL F/KJ/A
`
`DARLINE ROCHER and/or JAYDA ROCHER.
`
`RESPONSE:
`
`None.
`
`
`
`6.
`
`Any and all policies and procedures at MEMORIAL HOSPITAL WEST
`
`ANGERVIL/ROCHERV. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`regarding the root cause analyses from 2014 to the present.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Bartow HMA, LLCv. Kirkland, 126 So.3d
`1247 (Fla. 2d DCA 2013).
`
`7.
`
`Any and all policies and procedures regarding the investigation of adverse
`
`incidents as defined by Amendment 7, Florida Statutes and JCAHO regulations or any other
`
`definition used by MEMORIAL HOSPITAL WEST FROM 2014 to the present.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Bartow HMA, LLC v. Kirkland, 126 So.3d
`1247 (Fla. 2d DCA 2013).
`
`8.
`
`All records of adverse medical incidents, as defined in Art. X, § 25, Fla, Const., in
`
`SOUTH BROWARD HOSPITAL DSITRICT’s possession regarding DARLINE ANGERVIL
`
`F/K/A DARLINE ROCHERand or JAYDA ROCHER.
`
`RESPONSE:
`
`See response number3, above.
`
`9.
`
`Any and all documents, not
`
`in the medical
`
`records, created by SOUTH
`
`BROWARDHOSPITAL DISTRICT,its nurses, doctors, employees, agents or at the request of
`
`SOUTH BROWARD HOSPITAL DISTRICT regarding DARLINE ANGERVIL F/K/A
`
`DARLINE ROCHERand/or JAYDA ROCHERpriorto the receipt of the Notice of Intent in this
`
`case.
`
`RESPONSE:
`
`See response number3, above.
`
`
`
`ANGERVIL/ROCHER V. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`10.
`
`Anyandall policies and procedures for the conduct of the review of medical care
`
`rendered to patients aa MEMORIAL HOSPITAL WESTfrom 2014 to the present.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Bartow HMA, LLC v. Kirkland, 126 So.3d
`1247 (Fla. 2d DCA 2013).
`
`11.
`
`Any and all policies and procedures governing risk management’s review of
`
`medical care rendered to patients aa MEMORIAL HOSPTIAL WESTfrom 2014 to the present.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Bartow HMA, LLC v. Kirkland, 126 So.3d
`1247 (Fla. 2d DCA 2013).
`
`12,
`
`Any and all records, reports. Or memoranda of any kind relating to the care
`
`rendered to DARLENE ANGERVIL F/K/A DARLINE ROCHERand/or JAYDA ROCHERthat
`
`were prepared by or generated by any SOUTH BROWARD HOSPITAL DISTTRICT peer
`
`review,
`
`risk management, quality assurance,
`
`credential or
`
`similar committee, or any
`
`representative of such committee.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Bartow HMA, LLC v. Kirkland, 126 So.
`3d 1247 (Fla. 2d DCA 2013). Without waiving said objection, see response number
`3, above.
`
`13.
`
`Anyrecords, reports, or memoranda of any kind relating to the care rendered to
`
`DARLINE ANGERVIL F/K/A DARLINE ROCHER and/or JAYDA ROCHERthat were
`
`reported to any governmental agency, regulatory body orlicensing authority, including, but not
`
`limited to, any such records or reports submitted to the Agency for Health Care Administration,
`
`the Joint Commission on the Accreditation of healthcare Organizations, Medicare, Medicaid.
`
`RESPONSE:
`
`None.
`
`
`
`ANGERVIL/ROCHER V. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`14.
`
`Any and all minutes of meetings of any committees composed of personnel
`
`employed by SOUTH BROWARD HOSPITALDISTRICTorhealth care providers having staff
`
`privileges as MEMORIAL WEST HOSPITALrelating in any way to the care rendered to
`
`DARLINE ANGERVIL F/K/A DARLINE ROCHERand/or JAYDA ROCHER.
`
`RESPONSE:
`
`Objection. Attorney Work Product. See Variety Children’s Hospital v. Mishler 670
`So. 2d 184 (Fla. 3d DCA 1996), Columbia Hospital Corp. of South Dade v. Barrera,
`738 So. 2d 505 (Fla. 3d DCA 1999), Columbia/JFK Medical Center v.
`Sanguonchitte, 920 So. 2d 711 (Fla. 4" DCA 2006), Ornda Healthcorp v. Berghof,
`722 So. 2d 961 (Fla. 3d DCA 1998), and Boca Raton Community Hospital v. Jones,
`584 So. 2d 220 (Fla. 4DCA 1991).
`
`CERTIFICATE OF SERVICE
`
`WE HEREBY CERTIFYthat a true and correct copy of the foregoing was served this
`
`28" day of February, 2020, via the Florida Courts E-Portal/E-Mail upon the arties on the
`
`attached servicelist.
`
`STEARNS WEAVER MILLER WEISSLER
`ALHADEFF & SITTERSON,P.A.
`SBHD & MEMORIAL HOSPITAL WEST
`200 East Las Olas Boulevard, Suite 2100
`Ft. Lauderdale, FL 33301
`Phone: (954) 462-9500
`Fax: (954) 462-9567
`
`By: ZE
`
`, ESQ.
`
`THOMAS G. A
`FBN: 008060
`taubin@stearnsweaver.com
`MATTHEWS. PODOLNICK, ESQ.
`FBN: 112126
`mpodolnick@stearnsweaver.com
`
`
`
`ANGERVIL/ROCHER V. SBHD, ET. AL.
`CASE NO.: CACE 16-004209 (26)
`
`SERVICE LIST
`ROCHERv. SBHD, ET AL
`
`Kenneth J. McKenna, Esq. —- FBN - 0021024
`Anthony F. Sos, Esq. - FBN - 684791
`Nicholas D. Seidule, Esq. - FBN ~ 0067275
`Dellecker Wilson King McKenna Ruffier & Sos
`A Limited Liability Partnership
`719 VassarStreet
`Orlando, Florida 32804
`Counselfor Plaintiff
`Phone: (407) 244-3000
`Fax: (407) 244-3033
`
`kjmeservice@dwklaw.com
`
`ndseservice@dwklaw.com
`
`afseservice@dwklaw.com
`
`Katherine M. Hunter, Esq.
`Chimpoulis, Hunter & Lynn P.A.
`150 South Pine Island Road, Suite 510
`Plantation, Florida 33324
`Counsel Defendant for Emil Abdalla, D.O. and
`All Women’s Healthcare ofSawgrass, Inc.
`Phone: (954) 463-0033
`Fax: (954) 463-9562
`khunter@chl-law.com
`
`John D. Emmanuel, Esq.
`Buchanan Ingersoll & Rooney PC
`SunTrust Financial Centre
`401 E. Jackson St., Suite 2400
`Tampa, Florida 33602
`Counsel Defendants for Sheridan
`Healthcorp, Inc.; Sheridan Healthcare, Inc.;
`Sheridan Holdings, Inc. and Amsurg Corp.
`Phone: (813) 222-8180
`Fax: (813) 222-8189
`
`john.emmanuel@bipc.com
`sabrina.storno@bipc.com
`
`Kenneth W. Morgan,Jr., Esq. - FBN 603325
`Suntrust Center Sixth Floor
`515 East Las Olas Boulevard, Floor 6
`Fort Lauderdale, Florida 33301
`Counsel Defendants Vicki Johnston, M.D. and
`Donna Durham, ARNP, Sheridan Children’s
`Healthcare Services, Inc.
`Phone: (954) 764-7150
`Fax: (954) 764-7279
`ftl-pleadings@belmr.com
`
`Thomas E. Dukes, III, Esq.
`David A Zika, Esq.
`McEwan, Martinez, Dukes & Hall, P.A.
`Post Office Box 753
`Orlando, FL 32802-0753
`Counsel Defendant
`All Women’s Healthcare, Ie.
`Phone: (407) 423-857]
`Fax:
`(407) 423-8637
`NOS@mmdorl.com
`
`#8124721 vi
`
`
