15-000775PL Department Of Health, Board Of Medicine vs. Kenneth D. Stahl, M.D.
 Status: Closed
Recommended Order on Wednesday, July 15, 2015.


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Summary: Petitioner failed to prove that a wrong procedure was performed where the infected organ was removed and the patient's symptoms resolved, although the procedure that had been identified was not performed, because the procedure may have been misidentified.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8DEPARTMENT OF HEALTH, BOARD OF

13MEDICINE,

14Petitioner,

15vs. Case No. 15 - 0775PL

21KENNETH D. STAHL, M.D.,

25Respondent.

26_______________________________/

27DEPARTMENT OF HEALTH, BOARD OF

32MED ICINE,

34Petitioner,

35vs. Case No. 15 - 0776PL

41EDDIE MANNING, M.D.,

44Respondent.

45_______________________________/

46RECOMMENDED ORDER

48On April 23 and May 26, 2015, hearing was held by video

60teleconference at locations in Miami and Tallahass ee, Florida,

69before F. Scott Boyd, an Administrative Law Judge assigned by the

80Division of Administrative Hearings.

84APPEARANCES

85For Petitioner: John B. Fricke, Jr., Esquire

92Jay Patrick Reynolds, Esquire

96Cor ynn Colleen Gasbarro, Esquire

101Department of Health

104Prosecution Services Unit

1074052 Bald Cypress Way, Bin C - 65

115Tallahassee, Florida 32399

118For Responden t Kenneth D. Stahl, M.D. :

126Monica Felder Rodriguez, Esquire

130Dresnick and Rodriguez, P.A.

1347301 Wiles Road, Suite 107

139Coral Springs, Florida 33067

143For Respondent Eddie Manning, M.D.:

148Maria Arista - Volsky, Esquire

153Miami - Dade County Attorney ' s Office

161111 Northwest First Street, Suite 2800

167Miami, Florida 33128

170STATEMENT OF THE ISSUE S

175The issue s in this case are whether Respondents performed a

186wrong procedure on patient C.C., as set forth in the second

197amended administrative complaints, and if so, what is the

206appropriate sanction.

208PRELIMINARY STATEMENT

210On April 13, 2015, Petitioner, Department o f Health

219(Department), issued second amended administrative complaints

225against Respondents. The complaints charged Respondents with

232performing a wrong procedure on patient C.C. in violation of

242section 456.072(1)(bb), Florida Statutes (2010). Respondents

248disputed material facts alleged in the complaints and requested

257an administrative hearing.

260At hearing, four joint exhibits, J - 1 through J - 4, were

273admitted into evidence. Petitioner offered eight exhibits,

280admitted as Exhibits P - 1 through P - 8, and no witne sses.

294Respondents offered seven exhibits, of which Exhibits R - 1, R - 3,

307and R - 7 through R - 10 were admitted. Exhibit R - 1, a deposition of

324Dr. Nicholas Namias, was admitted with the caveat that it would

335be used only to supplement or explain other evidence, n ot in and

348of itself to support any finding of fact. An objection as to the

361relevance of the exhibit marked for identification as R - 6, a

373composite exhibit containing memoranda submitted to the Probable

381Cause Panel, was sustained, and it was not admitted. Respondents

391also offered the testimony of Dr. Namias, who was accepted as a

403fact witness. When Respondents indicated that they intended to

412testify, the hearing was recessed to allow Petitioner to take

422their depositions, as during discovery Respondents had asserted

430their Fifth Amendment right to remain silent. Following the

439depositions, Petitioner ' s motion for a continuance to undertake

449additional discovery was granted. Respondents then testified

456when the hearing continued on May 26, 2015. Official recog nition

467was taken of Florida Administrative Code Rule 64B8 - 8.001 and the

479calendar for June 2011. A motion by counsel for Dr. Stahl to

491extend the date for submission of proposed recommended orders was

501granted, and July 6, 2015, was set as the deadline.

511The two - volume final hearing T ranscript was filed on

522June 18, 2015. The parties timely filed proposed recommended

531orders, which were considered in preparation of this Recommended

540Order.

541Unless otherwise indicated, citations to the Florida

548Statutes or rules of the Florida Administrative Code refer to the

559versions in effect on June 23, 2011, the date that violations

570were allegedly committed.

573FINDING S OF FACT

5771. The Department of Health, Board of Medicine, is the

587state agency charged with regulating the pract ice of medicine in

598the state of Florida, pursuant to section 20.43 and chapters 456

609and 458, Florida Statutes.

6132. At all times material to this proceeding, Respondents

622were licensed physicians within the state, with Dr. Kenneth D.

632Stahl having been issue d license number ME79521 and Dr. Eddie

643Ward Manning having been issued license number ME110105.

6513. Dr. Stahl has been licensed to practice medicine in

661Florida since 1999 and in California since 1987. He has never

672had disciplinary action taken against e ither license. Dr. Stahl

682is board certified by the American College of Surgeons in general

693surgery, cardiac and thoracic surgery, and trauma and critical

702care surgery. Dr. Stahl ' s address of record is 3040 Paddock

714Road, Fort Lauderdale, Florida 33141.

7194. Dr. Manning has been licensed to practice medicine in

729Florida since May 31, 2011. He has never had disciplinary action

740taken against his license. On June 23, 2011, Dr. Manning was a

752resident in general surgery. Dr. Manning ' s address of record is

764190 0 South Treasure Drive, Apartment 6R, North Bay Village,

774Florida 33141.

7765. In February 2011, patient C.C., a 52 - year - old female,

789was admitted to Jackson Memorial Hospital (JMH) with a diagnosis

799of perforated appendicitis. She also had a perirectal absce ss.

809Her records indicate that she was treated with percutaneous

818drainage and a course of intravenous (IV) antibiotics. She was

828discharged on March 4, 2011.

8336. On June 22, 2011, patient C.C. presented to the JMH

844Emergency Department complaining of 12 hou rs of abdominal pain in

855her right lower quadrant with associated nausea and vomiting.

864Shortly after her arrival she described her pain to a nurse as

" 87610 " on a scale of one to ten.

8847. A computed tomography (CT) scan of patient C.C . ' s

896abdomen was conducted . The CT report noted that the " the uterus

908is surgically absent , " and " the ovaries are not identified. " It

918noted that " the perirectal abscess that was drained previously is

928no longer visualized " and that the " appendix appears inflamed and

938dilated. " No o ther inflamed organs were noted. The

947radiologist ' s impression was that the findings of the CT scan

959were consistent with non - perforated appendicitis.

9668. Patient C.C. ' s pre - operative history listed a " total

978abdominal hysterectomy " on May 4, 2005. Patient C.C. ' s prior

989surgeries and earlier infections had resulted in extensive scar

998tissue in her abdomen. Dr. Stahl later described her anatomy as

" 1009very distorted. "

10119. Patient C.C. was scheduled for an emergency

1019appendectomy, and patient C.C. signed a " Consen t to Operations or

1030Procedures " form for performance of a laparoscopic appendectomy,

1038possible open appendectomy, and other indicated procedures.

104510. Patient C.C. was taken to surgery at approximately

10541:00 a.m. on June 23, 2011. Dr. Stahl was the attendin g

1066physician, Dr. Manning was the chief or senior resident, and

1076Dr. Castillo was the junior resident. Notes indicate that Dr.

1086Stahl was present throughout the critical steps of the procedure.

109611. Dr. Stahl had little recollection of the procedure, but

1106did testify that he recalled:

1111looking at the video image and seeing a

1119tremendous amount of infection and

1124inflammation and I pulled - Î I recall that I

1134myself went into the computer program and

1141pulled up the CT scan and put that on the

1151screen right next to the vi deo screen that ' s

1162being transmitted from the laparoscope and

1168put them side - to - side and compared what the

1179radiologists were pointing to as the cause of

1187this acute infection and seeing on the

1194laparoscopic video image that that indeed

1200matched what I saw in th e CT scan and I said,

1212well, let ' s dissect this out and get it out

1223of her so we can fix the problem.

1231Dr. Stahl further testified that the infected, hollow organ that

1241was dissected and removed was adherent laterally in the abdomen

1251and was located where the appendix would normally be. He

1261recalled that an abscess cavity was broken into and the infected,

" 1272pus - containing " organ that was removed was right in the middle

1284of this abscess cavity.

128812. Dr. Stahl also recalled the residents stapling across

1297the base o f the infected organ and above the terminal ileum and

1310the cecum and removing it.

131513. The Operative Report was dictated by Dr. Manning after

1325the surgery and electronically signed by Dr. Stahl on June 23,

13362011. The report documents the postoperative diagn osis as " acute

1346on chronic appendicitis " and describes the dissected and removed

1355organ as the appendix.

135914. Progress notes completed by the nursing staff record

1368that on June 23, 2011, at 8:00 a.m., patient C.C. " denies pain, "

1380and that the laparoscopic inci sion is intact.

138815. Similar notes indicate that at 5:00 p . m . on June 23,

14022011, patient C.C. " tolerated well reg diet " and was waiting for

1413approval for discharge.

141616. Patient C.C. was discharged on June 24, 2011, a little

1427after noon, in stable condition.

143217. On June 24, 2011, the Surgical Pathology Report

1441indicated that the specimen removed from patient C.C. was not an

1452appendix, but instead was an ovary and a portion of a fallopian

1464tube. The report noted that inflammatory cells were seen.

147318. Surgery to remove an ovary is an oophorectomy and

1483surgery to remov e a fallopian tube is a salpingectomy.

149319. On Friday, June 24, 2011, Dr. Namias, chief of the

1504D ivision of A cute C are S urgery, T rauma, and C ritical C are, was

1521notified by the pathologist of the resu lts of the pathology

1532report, because Dr. Stahl had left on vacation. Dr. Namias

1542arranged a meeting with patient C.C. in the clinic the following

1553Monday. At the meeting, patient C.C. made statements to

1562Dr. Namias regarding her then - existing physical condi tion,

1572including that she was not in pain, was tolerating her diet, and

1584had no complaints. Dr. Namias explained to patient C.C. that her

1595pain may have been caused by the inflamed ovary and fallopian

1606tube or may have been caused by appendicitis that resolve d

1617medically, and she might have appendicitis again. He explained

1626that her options were to undergo a second operation at that time

1638and search for the appendix or wait and see if appendicitis

1649recurred. He advised against the immediate surgery option

1657becaus e she was " asymptomatic. "

166220. The s econd a mended a dministrative c omplaints allege

1673that Dr. Stahl and Dr. Manning performed a wrong procedure when

1684they performed an appendectomy which resulted in the removal of

1694her ovary and a portion of her fallopian tub e.

170421. It is clear that Dr. Stahl and Dr. Manning did not

1716perform an appendectomy on patient C.C. on June 23, 2011.

1726Dr. Stahl and Dr. Manning instead performed an oophorectomy and

1736salpingectomy.

173722. It was not clearly shown that an appendectomy was the

1748r ight procedure to treat patient C.C. on June 23, 2011.

175923. The Department did convincingly show that patient C.C.

1768had a history of medical problems and that she had earlier been

1780diagnosed with appendicitis, had been suffering severe pain for

178912 hours wi th associated nausea and vomiting, that she suffered

1800from an infection in her right lower quadrant, that the initial

1811diagnosis was acute appendicitis, and that the treatment that was

1821recommended was an appendectomy.

182524. However, substantial evidence aft er the operation

1833suggests that an appendectomy was not the right procedure. The

1843infected and inflamed organ that was removed from the site of a

1855prior abscess was not an appendix. After the procedure, patient

1865C.C. no longer felt severe pain in her lower r ight quadrant, with

1878associated nausea and vomiting. She was discharged the following

1887day and was asymptomatic. It is, in short, likely that the

1898original diagnosis on June 22, 2011, was incorrect to the extent

1909that it identified the infected organ as the appendix.

191825. The pre - operative diagnosis that patient C.C. ' s severe

1930pain and vomiting were caused by a severe infection in an organ

1942in her lower right quadrant was correct. Surgical removal of

1952that infected organ was the right procedure for patient C.C. If

1963that inflamed organ was misidentified as the appendix before and

1973during the operation, that would not fundamentally change the

1982correctness of the surgical procedure that was performed.

199026. The evidence did not clearly show that the wrong

2000procedure wa s performed. It is more likely that exactly the

2011right procedure was performed on patient C.C. That is, it is

2022likely that an oophorectomy and salpingectomy were the right

2031procedures to address the abdominal pain that caused patient C.C.

2041to present at the JMH emergency room, but that the right

2052procedure was incorrectly initially denominated as an

" 2059appendectomy, " as a result of patient history and interpretation

2068of the CT scan.

2072CONCLUSIONS OF LAW

207527. The Division of Administrative Hearings has jurisdiction

2083over the parties and the subject matter of this proceeding

2093pursuant to sections 120.569 and 120.57(1), Florida Statutes

2101(2014).

210228. A proceeding to suspend, revoke, or impose other

2111discipline upon a professional license is penal in nature. State

2121ex rel. Vining v. Fla. Real Estate Comm ' n , 281 So. 2d 487, 491

2136(Fla. 1973). Petitioner must therefore prove the charges against

2145Respondents by clear and convincing evidence. Fox v. Dep ' t of

2157Health , 994 So. 2d 416, 418 (Fla. 1st DCA 2008)(citing Dep ' t of

2171Banking & Fin. v. Osborne Stern & Co. , 670 So. 2d 932 (Fla.

21841996)).

218529. The clear and convincing standard of proof has been

2195described by the Florida Supreme Court:

2201Clear and convincing evidence requires that

2207the evidence must be found to be credible; the

2216facts to which the witnesses testify must be

2224distinctly remembered; the testimony must be

2230precise and explicit and the witnesses must be

2238lacking in confusion as to the facts in issue.

2247The evidence must be of such weight that it

2256produces in the mind of the trier o f fact a

2267firm belief or conviction, without hesitancy,

2273as to the truth of the allegations sought to

2282be established.

2284In re Davey , 645 So. 2d 398, 404 (Fla. 1994)(quoting Slomowitz v.

2296Walker , 429 So. 2d 797, 800 (Fla. 4th DCA 1983)).

230630. D isciplinary st atutes and rules " must always be

2316construed strictly in favor of the one against whom the penalty

2327would be imposed and are never to be extended by construction. "

2338Griffis v. Fish & Wildlife Conserv. Comm ' n , 57 So. 3d 929, 931

2352(Fla. 1 st DCA 2011); Munch v. D ep ' t of Prof ' l Reg., Div. of Real

2371Estate , 592 So. 2d 1136 (Fla. 1st DCA 1992).

238031. Respondents are charged with performing a wrong

2388procedure in violation of se ction 456.072(1)(bb), which in

2397pertinent part creates the following disciplinary violation:

2404Performing or attempting to perform health

2410care services on the wrong patient, a wrong -

2419site procedure, a wrong procedure, or an

2426unauthorized procedure or a procedure that is

2433medically unnecessary or otherwise unrelated

2438to the patient ' s diagnosis or medical

2446condition.

244732. Petitioner showed that the initial diagnosis on June 22,

2457201 1 , based in part upon patient C.C. ' s history and a CT scan, was

2473acute appendicitis, and that an emergency appendectomy was

2481scheduled. It was not clearly shown, however, that the wrong

2491procedure was performed. 1/ Respondents presented compelling

2498evidence that the oophorectomy and salpingectomy that they

2506performed were in fact the right procedures, because these

2515procedures were those required to remove the infected and inflamed

2525org ans afflicting patient C.C., and that it was only the earlier

2537denomination of the required procedure as an appendectomy that was

2547likely in error.

255033. Petitioner failed to prove by clear and convincing

2559evidence that Respondents performed a wrong procedure in violation

2568of section 456.072(1)(bb).

2571RECOMMENDATION

2572Based on the foregoing Findings of Fact and Conclusions of

2582Law, it is RECOMMENDED that the Department of Health, Board of

2593Medicine, enter a final order dismissing the second amended

2602administrative comp laints against the professional licenses of

2610Dr. Kenneth D. Stahl and Dr. Eddie Ward Manning.

2619DONE AND ENTERED this 15th day of July , 2015 , in

2629Tallahassee, Leon County, Florida.

2633S

2634F. SCOTT BOYD

2637Administrative Law Judge

2640Di vision of Administrative Hearings

2645The DeSoto Building

26481230 Apalachee Parkway

2651Tallahassee, Florida 32399 - 3060

2656(850) 488 - 9675

2660Fax Filing (850) 921 - 6847

2666www.doah.state.fl.us

2667Filed with the Clerk of the

2673Division of Administrative Hearings

2677this 15th day of Ju ly , 2015 .

2685ENDNOTE

26861/ Petitioner emphasizes that Respondents believed that they were

2695performing an appendectomy throughout the procedure, never

2702realizing that the inflamed organ they removed was not the

2712appendix. This misidentification was uncontrovert ed, though

2719perhaps justifiable given the fact that patient C.C. had suffered

2729previous infections and her anatomy was "very distorted."

2737However, misidentification of a specimen does not constitute

2745proof of the violation charged here, performance of a wrong

2755procedure. Respondents did not perform the wrong procedure

2763unless an appendectomy was in fact the correct procedure to be

2774performed, which the evidence did not clearly show.

2782COPIES FURNISHED:

2784Maria Arista - Volsky, Esquire

2789Miami - Dade County Attorney ' s O ffice

2798111 Northwest First Street , Suite 2800

2804Miami, Florida 33128

2807(eServed)

2808Monica Felder Rodriguez, Esquire

2812Dresnick and Rodriguez, P.A.

28167301 Wiles Road , Suite 107

2821Coral Springs, Florida 33067

2825(eServed)

2826Corynn Colleen Gasbarro, Esquire

2830Department of Health

2833Prosecution Services Unit

28364052 Bald Cypress Way , Bin C - 65

2844Tallahassee, Florida 32399

2847(eServed)

2848John B. Fricke, Jr., Esquire

2853Department of Health

2856Prosecution Services Unit

28594052 Bald Cypress Way, Bin C - 65

2867Tallahassee, Florida 32399

2870(eServed)

2871Jay Patrick Reynolds, Esquire

2875Department of Health

2878Prosecution Services Unit

28814052 Bald Cypress Way, Bin C - 65

2889Tallahassee, Florida 32399

2892(eServed)

2893Andre Ourso, Executive Director

2897Board of Medicine

2900Department of Health

29034052 Bald Cypress Way, Bin C - 03

2911Tallahas see, Florida 32399

2915(eServed)

2916Daniel Hernandez, Interim General Counsel

2921Department of Health

29244052 Bald Cypress Way, Bin A - 0 2

2933Tallahassee, Florida 32399 - 1701

2938(eServed)

2939NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

2945All parties have the right to submit written ex ceptions within

295615 days from the date of this Recommended Order. Any exceptions

2967to this Recommended Order should be filed with the agency that

2978will issue the Final Order in this case.

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Date
Proceedings
PDF:
Date: 11/25/2015
Proceedings: Order Vacating Order Denying Attorneys` Fees.
PDF:
Date: 11/24/2015
Proceedings: Petitioner's Amended Motion for Attorneys' Fees filed. (DOAH CASE NO. 15-6760F ESTABLISHED)
PDF:
Date: 11/23/2015
Proceedings: Order Denying Attorneys` Fees.
PDF:
Date: 11/19/2015
Proceedings: Respondent's Renewed Motion for Attorneys' Fees filed.
PDF:
Date: 10/23/2015
Proceedings: Petitioner's Exceptions to the Recommended Order filed.
PDF:
Date: 10/23/2015
Proceedings: Respondents' Response to Petitioner's Exceptions to the Recommended Order filed.
PDF:
Date: 10/23/2015
Proceedings: Petitioner's Exceptions to the Recommended Order filed.
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Date: 10/23/2015
Proceedings: Agency Final Order filed.
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Date: 10/22/2015
Proceedings: Agency Final Order
PDF:
Date: 10/06/2015
Proceedings: Order Denying Attorneys` Fees.
PDF:
Date: 09/30/2015
Proceedings: Respondent's Motion for Attorneys' Fees (filed in Case No. 15-000776PL).
PDF:
Date: 09/17/2015
Proceedings: Order Denying Attorneys` Fees.
PDF:
Date: 09/16/2015
Proceedings: Respondent's Motion for Attorneys' Fees filed.
PDF:
Date: 08/07/2015
Proceedings: Respondents' Response to Petitioner's Exceptions to the Recommended Order filed.
PDF:
Date: 07/15/2015
Proceedings: Recommended Order
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Date: 07/15/2015
Proceedings: Recommended Order (hearing held April 23 and May 26, 2015). CASE CLOSED.
PDF:
Date: 07/15/2015
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/06/2015
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 07/06/2015
Proceedings: Petitioners Proposed Recommended Order filed.
PDF:
Date: 05/19/2015
Proceedings: Notice of Filing Transcript (Dr. Kenneth D. Stahl) filed.
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Date: 05/19/2015
Proceedings: Notice of Filing Transcript (Dr. Eddie Manning) filed.
PDF:
Date: 05/11/2015
Proceedings: Order Denying Motion to Reconsider Continuance.
PDF:
Date: 05/08/2015
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (of Rafael Concepcion, R.N.) filed.
PDF:
Date: 05/07/2015
Proceedings: Notice of Taking Deposition Duces Tecum (of Rafael Concepcion, R.N.) filed.
PDF:
Date: 05/07/2015
Proceedings: Petitioner's Response to Motion for Reconsideration of Order Allowing Additional Discovery or Amendment of Charges filed.
PDF:
Date: 05/06/2015
Proceedings: Notice of Hearing by Video Teleconference (hearing set for May 26, 2015; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 04/30/2015
Proceedings: (Respondents') Motion for Reconsideration of Order Allowing Additional Discovery of Amendment of Charges filed.
Date: 04/23/2015
Proceedings: CASE STATUS: Hearing Partially Held; continued to date not certain.
PDF:
Date: 04/20/2015
Proceedings: Petitioner's Motions in Limine filed.
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Date: 04/20/2015
Proceedings: Notice of Filing (Respondent's Proposed Exhibits) not available for viewing filed.
PDF:
Date: 04/20/2015
Proceedings: Respondents' Supplemental Notice of Filing filed.
PDF:
Date: 04/17/2015
Proceedings: (Respondents') Notice of Filing (filed in Case No. 15-000776PL).
PDF:
Date: 04/17/2015
Proceedings: (Respondents') Notice of Filing (filed in Case No. 15-000776PL).
PDF:
Date: 04/17/2015
Proceedings: Respondents' Supplemental Notice of Filing (filed in Case No. 15-000776PL).
PDF:
Date: 04/17/2015
Proceedings: Order Denying Motion to Relinquish Jurisdiction.
PDF:
Date: 04/17/2015
Proceedings: (Respondent's) Notice of Filing filed.
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Date: 04/17/2015
Proceedings: (Respondents') Notice of Filing filed.
PDF:
Date: 04/16/2015
Proceedings: Notice of Filing of Petitioner's (Proposed) Exhibits(not available for veiwing) filed.
PDF:
Date: 04/16/2015
Proceedings: Notice of Filing Petitioner's (Proposed) Exhibits filed.
PDF:
Date: 04/16/2015
Proceedings: (Respondents') Response to Motion to Relinquish Jurisdiction filed.
PDF:
Date: 04/16/2015
Proceedings: Petitioner's Response to Respondent's Second Request for Admissions filed.
Date: 04/16/2015
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 04/15/2015
Proceedings: Petitioner's Motion to Relinquish Jurisdiction filed.
PDF:
Date: 04/14/2015
Proceedings: (Petitioner's) Notice of Filing Second Amended Administrative Complaints filed.
PDF:
Date: 04/14/2015
Proceedings: Order Granting Second Motion to Amend Administrative Complaints.
PDF:
Date: 04/13/2015
Proceedings: Joint Pre-hearing Stipulation filed.
PDF:
Date: 04/13/2015
Proceedings: (Petitioner's) Motion for Leave to Amend the Amended Administrative Complaints filed.
PDF:
Date: 04/03/2015
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (of Eddie Manning, M.D.) filed.
PDF:
Date: 03/31/2015
Proceedings: Notice of Cancellation of Deposition (of Eddie W. Manning, M.D.) filed.
PDF:
Date: 03/31/2015
Proceedings: Second Amended Notice of Taking Deposition Duces Tecum (of Kenneth D. Stahl, M.D.) filed.
PDF:
Date: 03/30/2015
Proceedings: Order Granting Motion to Quash Subpoena.
PDF:
Date: 03/30/2015
Proceedings: (Petitioner's) Notice of Filing Amended Administrative Complaints filed.
PDF:
Date: 03/27/2015
Proceedings: Respondent Eddie W. Manning, MD's Motion to Invalidate and Quash Subpoena filed.
PDF:
Date: 03/27/2015
Proceedings: Amended Notice of Taking Telephonic Deposition Duces Tecum (as to time and location only) filed.
PDF:
Date: 03/26/2015
Proceedings: Respondent's Notice of Serving Response to Petitioner's First Request for Production, Response to First Request for Admissions and Answers to First Set of Interrogatories filed.
PDF:
Date: 03/26/2015
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (of Maria Garcia-Buitrago, M.D.) filed.
PDF:
Date: 03/25/2015
Proceedings: (Respondent's) Response to First Request for Admissions filed.
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Date: 03/25/2015
Proceedings: Respondent's Respone to First Request for Production filed.
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Date: 03/25/2015
Proceedings: (Respondent's) Answers to Interrogatories filed.
PDF:
Date: 03/25/2015
Proceedings: Order Granting Motion to Amend Administrative Complaints.
PDF:
Date: 03/25/2015
Proceedings: (Petitioner's) Notice of Intent to Admit Medical Records filed.
PDF:
Date: 03/25/2015
Proceedings: (Petitioner's) Motion for Leave to Amend Administrative Complaints filed.
PDF:
Date: 03/25/2015
Proceedings: Notice of Serving Responses to Petitioner's First Request for Admissions, First Set of Interrogatories, and First Request for Production filed.
PDF:
Date: 03/23/2015
Proceedings: Amended Notice of Taking Telephonic Deposition Duces Tecum (of Kenneth Stahl, M.D.) filed.
PDF:
Date: 03/20/2015
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (of Nicholas Namias, M.D.) filed.
PDF:
Date: 03/20/2015
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (of Eddie Manning, M.D.) filed.
PDF:
Date: 03/20/2015
Proceedings: Notice of Taking Telephonic Deposition Duces Tecum (of Kenneth Stahl, M.D.) filed.
PDF:
Date: 03/18/2015
Proceedings: Petitioner's Notice of Serving Responses to Respondent's First Request for Admissions, Request for Production and First Set of Interrogatories filed (filed in 15-00775PL).
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Date: 03/18/2015
Proceedings: Petitioner's Notice of Serving Responses to Respondent's First Request for Admissions, Request for Production, and First Set of Interrogatories filed (filed in 15-00776PL).
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Date: 03/17/2015
Proceedings: Respondent's Second Request for Admissions filed.
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Date: 03/10/2015
Proceedings: Notice of Appearance of Co-Counsel (John Fricke, Jr.) filed.
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Date: 02/25/2015
Proceedings: Notice of Serving Petitioner's First Request for Admissions, First Request for Interrogatories and First Request for Production to Respondent (filed in Case No. 15-000776PL).
PDF:
Date: 02/25/2015
Proceedings: Notice of Serving Petitioner's First Request for Admissions, First Request for Interrogatories and First Request for Production to Respondent filed.
PDF:
Date: 02/20/2015
Proceedings: Amended Order of Pre-hearing Instructions.
PDF:
Date: 02/20/2015
Proceedings: Amended Notice of Hearing by Video Teleconference (hearing set for April 23 and 24, 2015; 9:00 a.m.; Miami and Tallahassee, FL).
PDF:
Date: 02/20/2015
Proceedings: Order of Consolidation (DOAH Case Nos. 15-0775PL and 15-0776PL).
PDF:
Date: 02/19/2015
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 02/18/2015
Proceedings: Notice of Appearance (Monica L. Felder Rodriguez) filed.
PDF:
Date: 02/18/2015
Proceedings: Notice of Serving Respondent's First Request for Admissions, First Set of Interrogatories, and Request for Production filed.
PDF:
Date: 02/18/2015
Proceedings: (Respondent's) Request for Production filed (Filed in error).
PDF:
Date: 02/18/2015
Proceedings: Respoondent's First Request for Admissions filed (Filed in error).
PDF:
Date: 02/18/2015
Proceedings: Respondent's First Set of of Interrogatories filed (Filed in error).
PDF:
Date: 02/18/2015
Proceedings: Notice of Appearance filed (Monica Rodriguez).
PDF:
Date: 02/16/2015
Proceedings: Initial Order.
PDF:
Date: 02/13/2015
Proceedings: Election of Rights filed.
PDF:
Date: 02/13/2015
Proceedings: Administrative Complaint filed.
PDF:
Date: 02/13/2015
Proceedings: Agency referral filed.

Case Information

Judge:
F. SCOTT BOYD
Date Filed:
02/13/2015
Date Assignment:
02/16/2015
Last Docket Entry:
11/25/2015
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
PL
 

Counsels

Related Florida Statute(s) (4):