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Filing # 199679086 E-Filed 06/03/2024 11:21:31 AM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT
OF THE STATE OF FLORIDA IN AND FOR HERNANDO COUNTY
GENERAL CIVIL DIVISION
MALINDA MEUSE AND
JASON MEUSE,
Plaintiffs,
vs. CASE NO:
SETH PURCELL, M.D. AND
PINELLAS VASCULAR, LLC,
Defendants.
/
PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT
PINELLAS VASCULAR, LLC
COMES NOW the Plaintiffs by and through their undersigned counsel and
requests that the Defendant PINELLAS VASCULAR, LLC produce within forty-five (45)
days of service at the offices of Valenzuela Law Firm, P.A., 100 N. Tampa Street, Suite
2350, Tampa, Florida 33602 the attached list of documents.
CERTIFICATE OF SERVICE
| HEREBY CERTIFY that a true and correct copy of the foregoing has been
furnished by service of process upon the Defendant with the Complaint in this matter.
/s/ Henry E. Valenzuela
Henry E. Valenzuela, Esquire
VALENZUELA LAW FIRM, P.A.
Fla. Bar No: 516953
100 North Tampa Street Suite 2350
Tampa, Florida 33602
813-272-1000/813-272-1429 (fax)
Counsel for Plaintiffs
E-File: pleadings@vallaw.com
ervice@vallaw.com
Electronically Filed Hernando Case # 24000522CAAXMX 06/03/2024 11:21:31 AM
DEFINITIONS AND INSTRUCTIONS
mon,
A As employed herein, "you 1 your" or "Defendant" means the individual,
corporation, partnership, or other legal entity, as well as its officers, agents,
representatives, and all other persons acting on their behalf.
B As employed herein, "person" means any natural person, individual,
corporation, partnership, joint venture group, association, governmental unit or agency, or
other organization.
Cc "Communication" means any correspondence, contact, discussion, or
exchange between any two or more persons, without limiting the foregoing,
“communication” includes all documents, telephone conversations or face-to-face
conversations, meetings and conferences.
D “Oral communications" means the act or fact of communicating and
includes, without limitation, the singular as well as the plural, all conversations, telephone
conversations, statements, discussions, debates, arguments, discourses, colloquies,
interviews, consultations and every other kind of oral uttering.
E As employed herein, "documents" or "other documents" shall mean the
original and any copy of any document or thing subject to production under Rule 1.350
that is in your actual or constructive possession, or control, including but not limited to any
memorandum, report, contract, notes, letter, telegram, correspondence, advertisement,
manual, price list, ledger, account, worksheet, telex, minutes, or any other written, printed,
recorded, typed, mechanical, electronic, computer-stored or graphic matter of any kind
however produced or reproduced and all drafts thereof. Any copy contained thereon or
attached thereto any alterations, notes, comments, or other material not included in any
original or other copy shall not be deemed an identical copy but shall be deemed a
separate document within the foregoing definition. Without limitation on the term "control"
as used in the preceding sentences, a document is deemed to be in your control if you
have the right to procure the document or a copy thereof from another person (e.g. your
attorney, public or private entity) having actual or physical possession thereof. If any
document requested was, but is no longer, in your possession or subject to your control as
defined herein, state what disposition was made of it, and the date or approximate date on
which it was disposed of.
F "Identify," when used in reference to an individual person, means to state his
full name, present address, if known, and his present employment position and business
affiliation. When used in reference to a person other than an individual person, "identify"
means to state whether that person is a corporation, partnership, or other organization,
and the name, present and last known address and principal place of business. Once any
person has been identified properly, it shall be sufficient thereafter when identifying that
person to state only the name.
G "Identify," when used in reference to a document or documents means to
state the date, the author, the addressee, type of document, and any other means of
identifying with sufficient particularity to meet the requirements for its inclusion in a request
for production of documents pursuant to Rule 1.350 of the Florida Rules of Civil
Procedure. If any such document is no longer in the possession of the defendant or
subject to defendant's control, state what disposition was made of it and the reason for
that disposition. In lieu of identifying any document, a true and correct copy may be
annexed to and incorporated in the answers to these interrogatories.
H "Relating to" means concerning, respecting, referring to, summarizing,
digesting, embodying, reflecting, establishing, tending to establish, delegating from,
tending not to establish, evidencing, not evidencing, comprising, connected with,
commenting on, responding to, disagreeing with, showing, describing, analyzing,
representing, constituting or including.
| "All" includes the word "any" and "any" includes the word “all.”
J "Each" includes the word "every" and "every" includes the word "each.”
K "And" as well as "or" shall be construed disjunctively or conjunctively as
necessary in order to bring within the scope of the requested documents which might
otherwise be construed to be outside its scope.
L To the extent that you are unable to respond fully to any request, produce as
many documents as you are able and state why you are not able to respond fully.
M If you withhold any documents from production on the grounds of privilege,
for each such document please identify the documents so withheld, state the grounds for
withholding those documents, identify the nature of the document, the addressee and the
preparer of the document, the date of the document and the party in possession of the
document. This procedure will reduce otherwise needless motion practice.
PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT
PINELLAS VASCULAR, LLC
Color copies of any and all medical records, x-rays, films, scans, diagnostic
studies and all medical information or records in your possession or control
regarding Plaintiff.
RESPONSE:
A copy of any records or documents showing that Seth Purcell, M.D. had any
discussions with Malinda Meuse prior to April 6, 2023 regarding the performance
of a venogram with possible stenting of pelvic varices.
RESPONSE:
A copy of the “informed consent” signed by Malinda Meuse documenting that
Seth Purcell, M.D. discussed with Malinda Meuse the performance of a
venogram with possible coil embolization and/or stenting of pelvic varices on or
before April 6, 2023.
RESPONSE:
A copy of any medical records that show that Seth Purcell, M.D. informed
Malinda Meuse, before the April 6, 2023 procedure, that he was going to perform
a pelvic venogram and possible stenting of pelvic varices.
RESPONSE:
An itemized billing for Malinda Meuse’s April 6, 2023 venogram and stenting
procedures by Seth Purcell, M.D.
RESPONSE:
Any and all medical bills, statement of charges, health insurance claim forms or
claim forms of any nature, or any other documents showing any form of billing or
charges rendered for medical services performed to Plaintiff.
RESPONSE:
Any and all personal notes, text messages, emails, files, audio tapes, visual
tapes or documents concerning any telephone conferences, personal meetings
or contact with the Plaintiff, any of the Plaintiffs’ friends or relatives or treating
physicians.
RESPONSE:
Any and all documents, text messages, emails, files, audio tapes, visual tapes, or
any other material showing any statements made by the Plaintiff or the Plaintiffs’
friends and relatives to any person.
RESPONSE:
A copy of each insurance policy and declaration sheet, including excess
insurance carriers, which insures or could insure you from any liability described
in the Complaint.
RESPONSE:
10 A copy of your current occupational license.
RESPONSE:
11 All contracts, employment agreements, letter agreements, on-call coverage
agreements, professional services agreements or agreements of any nature
between Seth Purcell, M.D. and Pinellas Vascular, LLC, effective in 2023
concerning the practice of medicine.
RESPONSE:
12 All reports, records or documents concerning any “adverse medical incident” as
defined by Article X, section 25 of the Florida Constitution; section 381.028,
Florida Statutes; section 395.0197, Florida Statutes, or section 458.351, Florida
Statutes regarding the care and treatment of Malinda Meuse.
RESPONSE:
13 All reports, records or documents concerning any “adverse medical incident” as
defined by Article X, section 25 of the Florida Constitution; section 381.028,
Florida Statutes; section 395.0197, Florida Statutes, or section 458.351, Florida
Statutes regarding any patient whom Seth Purcell, M.D. performed a venogram
and stenting which led to the migration of the stent and need for open heart
surgery prior to April 6, 2023.
RESPONSE:
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Filing # 199679086 E-Filed 06/03/2024 11:21:31 AM IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT OF THE STATE OF FLORIDA IN AND FOR HERNANDO COUNTY GENERAL CIVIL DIVISION MALINDA MEUSE AND JASON MEUSE, Plaintiffs, vs. CASE NO: SETH PURCELL, M.D. AND PINELLAS VASCULAR, LLC, Defendants. / PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT PINELLAS VASCULAR, LLC COMES NOW the Plaintiffs by and through their undersigned counsel and requests that the Defendant PINELLAS VASCULAR, LLC produce within forty-five (45) days of service at the offices of Valenzuela Law Firm, P.A., 100 N. Tampa Street, Suite 2350, Tampa, Florida 33602 the attached list of documents. CERTIFICATE OF SERVICE | HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished by service of process upon the Defendant with the Complaint in this matter. /s/ Henry E. Valenzuela Henry E. Valenzuela, Esquire VALENZUELA LAW FIRM, P.A. Fla. Bar No: 516953 100 North Tampa Street Suite 2350 Tampa, Florida 33602 813-272-1000/813-272-1429 (fax) Counsel for Plaintiffs E-File: pleadings@vallaw.com ervice@vallaw.com Electronically Filed Hernando Case # 24000522CAAXMX 06/03/2024 11:21:31 AM DEFINITIONS AND INSTRUCTIONS mon, A As employed herein, "you 1 your" or "Defendant" means the individual, corporation, partnership, or other legal entity, as well as its officers, agents, representatives, and all other persons acting on their behalf. B As employed herein, "person" means any natural person, individual, corporation, partnership, joint venture group, association, governmental unit or agency, or other organization. Cc "Communication" means any correspondence, contact, discussion, or exchange between any two or more persons, without limiting the foregoing, “communication” includes all documents, telephone conversations or face-to-face conversations, meetings and conferences. D “Oral communications" means the act or fact of communicating and includes, without limitation, the singular as well as the plural, all conversations, telephone conversations, statements, discussions, debates, arguments, discourses, colloquies, interviews, consultations and every other kind of oral uttering. E As employed herein, "documents" or "other documents" shall mean the original and any copy of any document or thing subject to production under Rule 1.350 that is in your actual or constructive possession, or control, including but not limited to any memorandum, report, contract, notes, letter, telegram, correspondence, advertisement, manual, price list, ledger, account, worksheet, telex, minutes, or any other written, printed, recorded, typed, mechanical, electronic, computer-stored or graphic matter of any kind however produced or reproduced and all drafts thereof. Any copy contained thereon or attached thereto any alterations, notes, comments, or other material not included in any original or other copy shall not be deemed an identical copy but shall be deemed a separate document within the foregoing definition. Without limitation on the term "control" as used in the preceding sentences, a document is deemed to be in your control if you have the right to procure the document or a copy thereof from another person (e.g. your attorney, public or private entity) having actual or physical possession thereof. If any document requested was, but is no longer, in your possession or subject to your control as defined herein, state what disposition was made of it, and the date or approximate date on which it was disposed of. F "Identify," when used in reference to an individual person, means to state his full name, present address, if known, and his present employment position and business affiliation. When used in reference to a person other than an individual person, "identify" means to state whether that person is a corporation, partnership, or other organization, and the name, present and last known address and principal place of business. Once any person has been identified properly, it shall be sufficient thereafter when identifying that person to state only the name. G "Identify," when used in reference to a document or documents means to state the date, the author, the addressee, type of document, and any other means of identifying with sufficient particularity to meet the requirements for its inclusion in a request for production of documents pursuant to Rule 1.350 of the Florida Rules of Civil Procedure. If any such document is no longer in the possession of the defendant or subject to defendant's control, state what disposition was made of it and the reason for that disposition. In lieu of identifying any document, a true and correct copy may be annexed to and incorporated in the answers to these interrogatories. H "Relating to" means concerning, respecting, referring to, summarizing, digesting, embodying, reflecting, establishing, tending to establish, delegating from, tending not to establish, evidencing, not evidencing, comprising, connected with, commenting on, responding to, disagreeing with, showing, describing, analyzing, representing, constituting or including. | "All" includes the word "any" and "any" includes the word “all.” J "Each" includes the word "every" and "every" includes the word "each.” K "And" as well as "or" shall be construed disjunctively or conjunctively as necessary in order to bring within the scope of the requested documents which might otherwise be construed to be outside its scope. L To the extent that you are unable to respond fully to any request, produce as many documents as you are able and state why you are not able to respond fully. M If you withhold any documents from production on the grounds of privilege, for each such document please identify the documents so withheld, state the grounds for withholding those documents, identify the nature of the document, the addressee and the preparer of the document, the date of the document and the party in possession of the document. This procedure will reduce otherwise needless motion practice. PLAINTIFFS’ FIRST REQUEST TO PRODUCE TO DEFENDANT PINELLAS VASCULAR, LLC Color copies of any and all medical records, x-rays, films, scans, diagnostic studies and all medical information or records in your possession or control regarding Plaintiff. RESPONSE: A copy of any records or documents showing that Seth Purcell, M.D. had any discussions with Malinda Meuse prior to April 6, 2023 regarding the performance of a venogram with possible stenting of pelvic varices. RESPONSE: A copy of the “informed consent” signed by Malinda Meuse documenting that Seth Purcell, M.D. discussed with Malinda Meuse the performance of a venogram with possible coil embolization and/or stenting of pelvic varices on or before April 6, 2023. RESPONSE: A copy of any medical records that show that Seth Purcell, M.D. informed Malinda Meuse, before the April 6, 2023 procedure, that he was going to perform a pelvic venogram and possible stenting of pelvic varices. RESPONSE: An itemized billing for Malinda Meuse’s April 6, 2023 venogram and stenting procedures by Seth Purcell, M.D. RESPONSE: Any and all medical bills, statement of charges, health insurance claim forms or claim forms of any nature, or any other documents showing any form of billing or charges rendered for medical services performed to Plaintiff. RESPONSE: Any and all personal notes, text messages, emails, files, audio tapes, visual tapes or documents concerning any telephone conferences, personal meetings or contact with the Plaintiff, any of the Plaintiffs’ friends or relatives or treating physicians. RESPONSE: Any and all documents, text messages, emails, files, audio tapes, visual tapes, or any other material showing any statements made by the Plaintiff or the Plaintiffs’ friends and relatives to any person. RESPONSE: A copy of each insurance policy and declaration sheet, including excess insurance carriers, which insures or could insure you from any liability described in the Complaint. RESPONSE: 10 A copy of your current occupational license. RESPONSE: 11 All contracts, employment agreements, letter agreements, on-call coverage agreements, professional services agreements or agreements of any nature between Seth Purcell, M.D. and Pinellas Vascular, LLC, effective in 2023 concerning the practice of medicine. RESPONSE: 12 All reports, records or documents concerning any “adverse medical incident” as defined by Article X, section 25 of the Florida Constitution; section 381.028, Florida Statutes; section 395.0197, Florida Statutes, or section 458.351, Florida Statutes regarding the care and treatment of Malinda Meuse. RESPONSE: 13 All reports, records or documents concerning any “adverse medical incident” as defined by Article X, section 25 of the Florida Constitution; section 381.028, Florida Statutes; section 395.0197, Florida Statutes, or section 458.351, Florida Statutes regarding any patient whom Seth Purcell, M.D. performed a venogram and stenting which led to the migration of the stent and need for open heart surgery prior to April 6, 2023. RESPONSE: