NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas. BRIEF March 8, :05
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1 NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas BRIEF March 8, :05 By: DIRK E. RIEMENSCHNEIDER Confirmation Nbr MARLENE POWALL, EXECUTOR OF THE ESTATE CV ETC. vs. GASTROENTEROLOGY ASSOCIATES OF CLEVE.INC., ET AL Judge: DEENAR. CALABRESE Pages Filed: 7
2 IN THE COURT OF COMMON PLEAS CUYAHOGA COUNTY, OHIO MARLENE POWALL, Executor of the Estate of MICHAEL POWALL, DECEASED vs. Plaintiff GASTROENTEROLOGY ASSOCIATES OF CLEVELAND, INC., et al. Defendants CASE NO.: CV JUDGE DEENA R. CALABRESE TRIAL BRIEF OF DEFENDANTS, GASTROENTEROLOGY ASSOCIATES OF CLEVELAND, DAVID J. WEINERMAN, M.D., AND JACK S. LISSAUER, M.D. Now come Defendants Gastroenterology Associates of Cleveland; David J. Weinerman, M.D.; and Jack S. Lissauer, M.D. by and through undersigned counsel, and hereby submit their Trial Brief in advance of Trial in the above matter: I. Statement of Claims: This case is brought by Marlene Powall alleging medical negligence resulting in personal injuries and the wrongful death of her husband, Michael Powall. Plaintiff alleges that the Defendants failed to provide surgical and medical care and treatment within the standard of care, and that Mr. Powall s injury and death occurred under circumstances where reason and common experience indicate the standard of care had not been met. As a result of the alleged negligence, Plaintiff alleges that Michael Powell suffered personal injury, conscious pain and suffering, and death on July 29, 2013.
3 II. Statement of Real Factual and Legal Issues in Dispute Whether the Defendants fell below the standard of care in their care and treatment of Michael Powall, and whether the alleged negligence in the care and treatment rendered proximately resulted in his alleged injury and death. III. Stipulations It is anticipated that the parties will stipulate to the authenticity of the hospital and medical records of Michael Powall. Defendants specifically reserve the right to object to the medical records and/or the content therein on any other basis allowed under Ohio law. IV. Damages Plaintiffs have made demand for compensatory damages for personal injury, conscious pain and suffering, and wrongful death on behalf of Michael Powall with damages on behalf of the beneficiaries of the Estate of Michael Powall, together with funeral and burial expenses. V. Potential Trial Exhibits Defendants proposed Trial Exhibits are including but not limited to: Exhibit Description A B C D E F G H Medical records: Hillcrest Hospital Medical records: Atrium Medical Group/Drs. Aschraf and Mukunda Medical records: Dr. Jonathan Scharfstein Medical records: D. Theodore Sher Medical records: Veterans Administration Medical records: Consultants in Gastroenterology/Dr. Powell Medical records: Euclid Hospital Medical records: Drs. Levine,Reigle & Schneider
4 Exhibit Description I Medical records: UH Richmond Medical Center Wound Care J K Cuyahoga County Coroner Call Record Death Certificate L Radiology: Hillcrest Hospital M Radiology: Lake Health System N O P Q R S Curriculum vitae: Sergio D. Bergese, M.D. Curriculum vitae: John A. Dumot, D.O. Curriculum vitae: Nicholas S. Hill, M.D. Curriculum vitae: Neil L. Julie, M.D. Curriculum vitae: Jack Lissauer, M.D. Curriculum vitae: David Weinerman, M.D. Pursuant to Robinson v. Bates (2006, 112 Ohio St.3d 17 and Jaques v. Manton (2010, 125 Ohio St.3d, 342, Defendants will introduce the amounts of medical expenses actually paid and amounts written off. Demonstrative exhibits will be made available to the Court and Plaintiffs counsel prior to being presented to jury. Defendants respectfully reserve the right to supplement this list of exhibits and produce additional exhibits as necessary based upon testimony and evidence. VI. Non-Expert Trial Witnesses Defendants potential Non-Expert trial Witnesses are including but not limited to: 1. Marlene Powall 2. Jack Lissauer, M.D. 3. David Weinerman, M.D. 4. Jenny Houston, R.N.
5 5. Hashem Attaran, M.D. 6. Syed P. Ashraf, M.D. 7. Daniel Monteroy Chaves, M.D. 8. Michael Frankel, M.D. 9. Svetlana Edelbaum, R.N. 10. Sarah Loomis, R.N. 11. Becky Streem 12. Leah Radebaugh 13. Vince Powall 14. Nick Powall 15. Rick Powall 16. Michael Powall 17. Lisa Rosson 18. Denise Bortnick 19. Dominic Powall Defendants reserve the right to call any/all former parties to this action. Defendants reserve the right to call any and all individuals listed in the medical records or who provided care to Michael Powall. Defendants reserve the right to call any person identified, or to be identified, by Plaintiff or any other party to this action. Defendants reserve the right to call any witnesses utilized or identified by Plaintiff or any other party to this action as if upon cross-examination. Defendants reserve the right to call as fact witnesses, and to elicit opinion testimony, whether considered expert or otherwise, any and all of Michael Powall s treating physicians, nurses, therapists, counselors, or other health care providers. Defendants reserve the right to call as fact witnesses personnel/employees of the Cuyahoga County Coroner s Office. Defendants reserve the right to call any person whose testimony is necessary to authenticate or lay evidentiary foundation required for admission of any exhibits.
6 Defendants reserve the right to amend this Fact Witness List prior to and during trial based upon the evidence. VII. Expert Trial Witnesses Defendants proposed Expert Witnesses are including but not limited to: 1. Sergio D. Bergese, M.D. 2. John A. Dumot, D.O. 3. Nicholas S. Hill, M.D. 4. Neil L. Julie, M.D. 5. Jack Lissauer, M.D. 6. David Weinerman, M.D. 7. T. James Gallagher, M.D. (Plaintiff s expert as upon cross examination 8. John P. Kress, M.D. (co-defense expert s upon cross examination 9. Loren Laine, M.D. (co-defense expert as upon cross examination 10. Jeffrey Vender, M.D. (co-defense expert as upon cross examination 11. Jennifer McCallister, M.D. (co-defense expert as upon cross examination 12. Jenny C. Houston, R.N. (co-defense expert as upon cross examination Defendants reserve the right to call as witnesses and elicit opinion testimony, as if upon cross examination, from any/all expert witnesses as identified by any/all parties, including Plaintiff. Defendants reserve the right to call as witnesses and elicit opinion testimony, whether expert or otherwise, from any and all treating physicians and health care professionals who may have provided care to Michael Powall. This includes, but is not limited to any and all individuals who appear in the documents produced in this litigation, including the medical records, and any and all individuals who are, or may be, mentioned in depositions regarding this matter. Defendants reserve the right to call as witnesses and elicit opinion testimony, whether expert or otherwise, from any and all treating physicians, nurse practitioners, nurses, and nurses aids who may have provided care and treatment to Michael Powall. Defendants reserve the right to call any and all expert witnesses identified by other parties, or to question other experts identified by other past or present parties hereto. Electronically Filed 03/08/ :05 / BRIEF / CV / Cohfirmation Nbr / BATCH
7 Defendants reserve the right to call rebuttal witnesses as necessary. Defendants reserve the right to amend this expert witness list based upon newly discovered matters or evidence prior to trial. Additionally, Defendants reserve the right to supplement the opinions of the above experts pursuant to Ohio law; and Defendants reserve the right to name additional experts based upon any new opinions offered by additional experts or existing experts of Plaintiff. VIII. Special Legal Problems Anticipated None currently anticipated. IX. Estimated Length of Trial Defendants would anticipate a trial lasting five to seven business days. X. Special Equipment Needs for Trial At this time, Defendants do not anticipate needing any special equipment, and anticipate furnishing any necessary equipment and set-up for same. Respectfully submitted, /S/ DinK S' RiemeNScHneideR _ Dirk E. Riemenschneider ( John F. Bodie, Jr. ( Buckingham, Doolittle & Burroughs LLC 1375 E. 9th Street, Suite 1700 Cleveland, OH Phone: / Fax: driemenschneider@bdblaw.com ibodie@bdblaw.com Counsel for Defendants, Gastroenterology Associates of Cleveland; David J. Weinerman, M.D.; and Jack S. Lissauer, M.D. Electronically Filed 03/08/ :05 / BRIEF / CV / cohfirmation Nbr / BATCH
8 CERTIFICATE OF SERVICE Defendants Trial Brief of Defendants, Gastroenterology Associates of Cleveland, David J. Weinerman, M.D., and Jack S. Lissauer, M.D. was filed electronically with the Court on this the 8th day of March 2017, with notice of this filing to be sent to all parties of record by operation of the Court s electronic filing system, with courtesy copies to counsel of record electronic mail. Parties may also access this filing through the Court s electronic filing system. Mark D. Amaddio, Esq. Mark D. Amaddio Co., LPA 1422 Euclid Avenue, Suite 500 Cleveland, OH amaddio@aol.com Counsel for Plaintiff Erin Siebenhar Hess, Esq. Reminger Co. LPA 1400 Midland Building 101 Prospect Avenue, West Cleveland, OH ehess@reminger.com Counsel for Defendants, Hillcrest Hospital and Cleveland Clinic Foundation /S/ DinK S. RiemmscHneideR _ Dirk E. Riemenschneider ( John F. Bodie, Jr. ( Buckingham, Doolittle & Burroughs LLC Counsel for Defendants, Gastroenterology Associates of Cleveland; David J. Weinerman, M.D.; and Jack S. Lissauer, M.D. CL2: v2
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NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio 44113 Court of Common Pleas REPUY BRIEF March 9, 201714:22 By: KAREN L. BURKE 0077333 Confirmation Nbr. 1008685 ROBERT
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NAILAH K. BYRD CUYAHOGA COUNTY CUERK OF COURTS 1200 Ontario Street Cleveland, Ohio Court of Common Pleas
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