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Filing # 110767964 E-Filed 07/24/2020 02:54:03 PM
IN THE CIRCUIT COURT OF THE
EIGHTH JUDICIAL CIRCUIT IN AND
FOR ALACHUA COUNTY, FLORIDA.
CASE NO.: 01 2020 CA 001350
BRENDA SNOW,
Plaintiff(s),
vs.
SHANDS TEACHING HOSPITAL AND
CLINICS, INC. d/b/a UF HEALTH SHANDS
HOSPITAL, A Florida Non-Profit
Corporation and UNIVERSITY OF FLORIDA
BOARD OF TRUSTEES d/b/a UF HEALTH
EYE CENTER, a Florida Public Body Corporate,
Defendant(s).
/
PLAINTIFF'S RESPONSE TO COLLATERAL SOURCE REQUEST TO PRODUCE
The Plaintiff, BRENDA SNOW, by through undersigned counsel, and pursuant to Rule
1.350, Fla.R.Civ.P., the Plaintiff, BRENDA SNOW, hereby responds to the Defendant,
UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER's
Collateral Source Request to Produce dated June 24, 2020, and as grounds states as follows:
1. Copies of any and all documentary evidence reflecting the amount of any and all
collateral sources that have been paid to Plaintiff on account of expenses incurred as a result of the
incident alleged in Plaintiffs’ Complaint. The aforesaid term “collateral source” is defined by
§768.76, Fla.Stat., and includes any payments made to the claimant, or on the claimant’s behalf,
by or pursuant to:
a. United States Social Security Act, any federal, state, or local disability act, or any
other public programs providing medical expenses, disability payments or other similar benefits;
RESPONSE: None related to this incident.
b. Any health, sickness, or income disability insurance, or automobile accident
insurance that provides health benefits or income disability coverage;
RESPONSE: Discovery Health Partners' Lien is attached. Discovery Health Partners, 2
Pierce Place, Suite 1900, Itasca, IL 60143. Discovery Health Partners is subrogating for
Medicare Advantage through Humana Insurance Company.
"2020 CA 001350" 110767964 Filed at Alachua County Clerk 07/24/2020 02:54:06 PM EDTAgency for Health Care Administration, Florida Medicaid Casualty Recovery. There is no
lien attached at this time. Conduent is subrogating for Florida Medicaid Casualty Recovery
Program, Post Office Box 12188, Tallahassee, FL 32317. Discovery ongoing.
c. Any other similar insurance benefits, except life insurance benefits, available to the
claimant, whether purchased by him or provided by others;
RESPONSE: See answer to 1b.
d. Any contract or agreement of any group, organization, partnership or corporation,
to provide, pay for or reimburse the cost of hospital, medical, dental or healthcare services; and
RESPONSE: None.
e. Any contractual or voluntary wage contribution plan provided by employers or any
other system intended to provide wages during a period of disability.
RESPONSE: None.
2. Please provide copies of all notices sent by or on behalf of the Plaintiff to collateral
source providers notifying them of the Plaintiffs intent to claim damages from the Defendant(s)
in this case.
RESPONSE: July 17, 2020 Discovery Health Partners' lien attached. April 28, 2020
Response Letter from Medicaid attached.
3. Please provide copies of the signed certified or registered mail and confirming receipt by
the collateral source provider.
RESPONSE: July 17, 2020 Discovery Health Partners' lien attached. April 28, 2020
Response Letter from Medicaid attached.
4. Please provide copies of all documents received by all providers of collateral sources
asserting the provider’s payment of collateral source benefits and their right of subrogation or
reimbursement which you received within 30 days of placing the collateral source provider on
notice of Plaintiff's intent to claim damages from Defendants and/or within the statutory
requirements of Florida Statute Section 768.76(7).
RESPONSE: July 17, 2020 Discovery Health Partners’ lien attached. April 28, 2020
Response Letter from Medicaid attached.5. Please provide copies of all documents that reflect the amounts of all liens and subrogation
interests in this case.
RESPONSE: July 17, 2020 Discovery Health Partners' lien attached. April 28, 2020
Response Letter from Medicaid attached.
6. Please provide any medical expense summaries you intend to use in this case to evidence
damages.
RESPONSE: Undetermined at this time. Discovery ongoing. Will provide pursuant to
Pretrial Order.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve
to all Counsel on the attached list, this 24th day of July, 2020.
4s/Andrea Lewis
Andrea A. Lewis
Florida Bar No.: 85331
Attorney E-Mail: alewis@searcylaw.com and
Secondary E-Mail: mweschrek@searcylaw.com
Primary E-Mail: lewisteam@searcylaw.com
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Phone: 561-686-6300
Fax: 561-383-9402
Attorney for Plaintiff(s)
COUNSEL LIST
Andrea A. Lewis, Esq.
Florida Bar No.: 85331
Searcy Denney Scarola Barnhart & Shipley, P.A.
2139 Palm Beach Lakes Boulevard
West Palm Beach, FL 33409
Phone: (561) 686-6300
Fax: (561) 383-9441
Primary E-Mail: lewisteam@searcylaw.com
Attorney Email: alewis@seareylaw.com
Secondary Email: mweschrek@searcylaw.com
Attorney for Plaintiff, BRENDA SNOW
Francis E. Pierce, Esq.Florida Bar No.: 0270921
Mateer Harbert, P.A.
225 East Robinson Street, Suite 600
Orlando, FL 32801
Phone: (407)425-9044
Fax: (407)425-9044
Primary Email: litpleadings@mateerharbert.com
Secondary Email: mdavis(mateerharbert.com
Secondary Email: ckozimor@mateerharbert.com
Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC.
Rafael E. Martinez, Esq.
Florida Bar No. 0243248
Wilbert R. Vancol. Esq.
Florida Bar No. 0093132
McEwan, Martinez, Dukes & Hall, P.A.
Post Office Box 753
Orlando, FL 32802-0753
Phone: (407)423-8571
Fax: (407)423-8637
Primary E-Mail: NOS@mmdorl.com
Attorney Email: wyancol(@mmdorl.com
Attorney Email: rmartinez@mmdorl.com
Secondary Email: aguzman@mmdorl.com
Secondary Email: glichtenberger@mmdorl.com
Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF
HEALTH EYE CENTER, a Florida Public Body Corporate
Preview
Filing # 110767964 E-Filed 07/24/2020 02:54:03 PM IN THE CIRCUIT COURT OF THE EIGHTH JUDICIAL CIRCUIT IN AND FOR ALACHUA COUNTY, FLORIDA. CASE NO.: 01 2020 CA 001350 BRENDA SNOW, Plaintiff(s), vs. SHANDS TEACHING HOSPITAL AND CLINICS, INC. d/b/a UF HEALTH SHANDS HOSPITAL, A Florida Non-Profit Corporation and UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate, Defendant(s). / PLAINTIFF'S RESPONSE TO COLLATERAL SOURCE REQUEST TO PRODUCE The Plaintiff, BRENDA SNOW, by through undersigned counsel, and pursuant to Rule 1.350, Fla.R.Civ.P., the Plaintiff, BRENDA SNOW, hereby responds to the Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER's Collateral Source Request to Produce dated June 24, 2020, and as grounds states as follows: 1. Copies of any and all documentary evidence reflecting the amount of any and all collateral sources that have been paid to Plaintiff on account of expenses incurred as a result of the incident alleged in Plaintiffs’ Complaint. The aforesaid term “collateral source” is defined by §768.76, Fla.Stat., and includes any payments made to the claimant, or on the claimant’s behalf, by or pursuant to: a. United States Social Security Act, any federal, state, or local disability act, or any other public programs providing medical expenses, disability payments or other similar benefits; RESPONSE: None related to this incident. b. Any health, sickness, or income disability insurance, or automobile accident insurance that provides health benefits or income disability coverage; RESPONSE: Discovery Health Partners' Lien is attached. Discovery Health Partners, 2 Pierce Place, Suite 1900, Itasca, IL 60143. Discovery Health Partners is subrogating for Medicare Advantage through Humana Insurance Company. "2020 CA 001350" 110767964 Filed at Alachua County Clerk 07/24/2020 02:54:06 PM EDTAgency for Health Care Administration, Florida Medicaid Casualty Recovery. There is no lien attached at this time. Conduent is subrogating for Florida Medicaid Casualty Recovery Program, Post Office Box 12188, Tallahassee, FL 32317. Discovery ongoing. c. Any other similar insurance benefits, except life insurance benefits, available to the claimant, whether purchased by him or provided by others; RESPONSE: See answer to 1b. d. Any contract or agreement of any group, organization, partnership or corporation, to provide, pay for or reimburse the cost of hospital, medical, dental or healthcare services; and RESPONSE: None. e. Any contractual or voluntary wage contribution plan provided by employers or any other system intended to provide wages during a period of disability. RESPONSE: None. 2. Please provide copies of all notices sent by or on behalf of the Plaintiff to collateral source providers notifying them of the Plaintiffs intent to claim damages from the Defendant(s) in this case. RESPONSE: July 17, 2020 Discovery Health Partners' lien attached. April 28, 2020 Response Letter from Medicaid attached. 3. Please provide copies of the signed certified or registered mail and confirming receipt by the collateral source provider. RESPONSE: July 17, 2020 Discovery Health Partners' lien attached. April 28, 2020 Response Letter from Medicaid attached. 4. Please provide copies of all documents received by all providers of collateral sources asserting the provider’s payment of collateral source benefits and their right of subrogation or reimbursement which you received within 30 days of placing the collateral source provider on notice of Plaintiff's intent to claim damages from Defendants and/or within the statutory requirements of Florida Statute Section 768.76(7). RESPONSE: July 17, 2020 Discovery Health Partners’ lien attached. April 28, 2020 Response Letter from Medicaid attached.5. Please provide copies of all documents that reflect the amounts of all liens and subrogation interests in this case. RESPONSE: July 17, 2020 Discovery Health Partners' lien attached. April 28, 2020 Response Letter from Medicaid attached. 6. Please provide any medical expense summaries you intend to use in this case to evidence damages. RESPONSE: Undetermined at this time. Discovery ongoing. Will provide pursuant to Pretrial Order. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was sent via E-Serve to all Counsel on the attached list, this 24th day of July, 2020. 4s/Andrea Lewis Andrea A. Lewis Florida Bar No.: 85331 Attorney E-Mail: alewis@searcylaw.com and Secondary E-Mail: mweschrek@searcylaw.com Primary E-Mail: lewisteam@searcylaw.com Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: 561-686-6300 Fax: 561-383-9402 Attorney for Plaintiff(s) COUNSEL LIST Andrea A. Lewis, Esq. Florida Bar No.: 85331 Searcy Denney Scarola Barnhart & Shipley, P.A. 2139 Palm Beach Lakes Boulevard West Palm Beach, FL 33409 Phone: (561) 686-6300 Fax: (561) 383-9441 Primary E-Mail: lewisteam@searcylaw.com Attorney Email: alewis@seareylaw.com Secondary Email: mweschrek@searcylaw.com Attorney for Plaintiff, BRENDA SNOW Francis E. Pierce, Esq.Florida Bar No.: 0270921 Mateer Harbert, P.A. 225 East Robinson Street, Suite 600 Orlando, FL 32801 Phone: (407)425-9044 Fax: (407)425-9044 Primary Email: litpleadings@mateerharbert.com Secondary Email: mdavis(mateerharbert.com Secondary Email: ckozimor@mateerharbert.com Attorneys for SHANDS TEACHING HOSPITAL AND CLINICS, INC. Rafael E. Martinez, Esq. Florida Bar No. 0243248 Wilbert R. Vancol. Esq. Florida Bar No. 0093132 McEwan, Martinez, Dukes & Hall, P.A. Post Office Box 753 Orlando, FL 32802-0753 Phone: (407)423-8571 Fax: (407)423-8637 Primary E-Mail: NOS@mmdorl.com Attorney Email: wyancol(@mmdorl.com Attorney Email: rmartinez@mmdorl.com Secondary Email: aguzman@mmdorl.com Secondary Email: glichtenberger@mmdorl.com Attorneys for Defendant, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES d/b/a UF HEALTH EYE CENTER, a Florida Public Body Corporate