PLAINTIFF’s REQUEST FOR PRODUCTION OF ATTENDING AND NON-ATTENDING HCA HOUSTON HEALTHCARE KINGWOOD PHYSICIANS, NURSES, SECURITY OFFICERS, STAFF AND ADMINISTRATIVE PERSONNEL, JOHN DOE(S), JANE DOE(S), ET AL’s BIOS, CONTACT INFORMATION INCLUDING HOME ADDRESSES
Originally Published: Jan. 13, 2023 | Republished: Jan. 13, 2023
Mark Burke, Plaintiff files this request from KPH – Consolidation Inc., DBA HCA Houston Healthcare Kingwood, a domestic For-Profit Corporation, Defendant herein;
REQUEST FOR PRODUCTION
Plaintiff formally requests herein, per Tex. R. Civ. P., Defendant’s compliance to provide “HCA staff” at HCA Kingwood Hospital who interacted with Plaintiff during his visit, or who were involved in the care of Plaintiff but did not physically participate or meet Plaintiff (as a patient), or who were involved in the post-discharge complaint(s) as submitted to Defendant’s.
Assistance by Plaintiff: Known HCA Staff
Plaintiff has reviewed the MyHealthOne Portal and whilst the following list is not exhaustive and Defendant is responsible for ‘filling in any blanks’, these known HCA Staff qualify as part of this request.
Relevant Doctors visiting South Wing, RM 376
Mowla, Mohammed R MD
Avila Castillo, Daniel MD R1
Wong, Mike MD R1
Chung, Randy MD
Ehsan, Sana MD
Emergency Room (ER)
Dionne, Amy M APRNNP
Tatineni, Lakshmi MD R2
And Dr. Barton James MD
Unknown; Ilyas Muzna A, MD
Obviously, the “Referred Self, Referring” individuals need to be identified and information provided by Defendant.
Nurses and Security Guards who Threatened Eviction
On the 10th of August, 2023, a nurse along with a new trainee arrived at Room 376, within an hour of Mark Burke’s transfer from ER to the South Wing. Plaintiff requests the same information about these two members of HCA Staff along with the subsequent cackle of Nurses and Security Guards who charged into Plaintiff’s Room while he was in need of urgent medical care and rather than timely attend to the requests by family and Plaintiff, the charge nurse refused, and threatened to evict Patient and visiting parents as outlined in Plaintiff’s original complaint and where Plaintiff’s own video and photos can help identify some of the HCA Staff present;
Director of Community and Public Relations, Ms. Devon Alexander
Plaintiff also requests information regarding Ms Alexander, who may or may not still be employed by Defendant, but Defendant will still have her information, as requested.
Post Discharge Complaint(s)
The complaint(s) and Spoilation Letter(s) by Plaintiff post-discharge were signed by John or Jane Doe(s). Plaintiff seeks full information as to the HCA Staff assigned to these complaint(s) and HCA Staff involved in providing information for the complaint, including the footage of the video surveillance.
Appointment of Serpe Andrews, PLLC, as Counsel for Defendant
The request requires the same information pertaining to who at HCA entered into a binding agreement to assign Serpe Andrews, PLLC on this case, when the contract was agreed, signed and related information which is necessary due to Plaintiff’s allegations in the complaint about the unethical behavior of Ms. Nicole Andrews, Partner at Serpe Andrews, PLLC. Note; Engagement letters do not fall under the scope of attorney-client privilege as previously highlighted in pleadings before this court.
Voluntary Disclosure Requests Snubbed by Defendant
Plaintiff reached out to Defendant multiple times via HCA Lawyers but these lawyers continue to be unethical, and refuse to acknowledge or respond to any emails or letters which Plaintiff submits, asking for voluntary disclosure of this information. See; Exhibit “Email Reminder to HCA Lawyers re Voluntary Discovery, Jan. 12, 2023” and Exhibit “Letter to SA Discovery Dec 27 2022”.
Home Addresses Essential for Compliance with Subpoena Laws
The request for home addresses is for compliance with any subpoena requests, which specifically require that the person or persons live in Harris County and within a 150 mile radius. For example, apparently Dr. Avila Castillo, Daniel MD R1 allegedly works for HCA in Harris County, but his Linkedin profile shows that he is in Austin, Texas, which would be around 162 or so miles from Houston, thus could quickly quash any subpoena. See; Exhibit “Avila Castillo, Daniel MD R1, Linkedin Screenshot at Jan. 10, 2023”
RESPECTFULLY submitted this 13th day of January, 2023.
Top of the morn’ to y’all
In light of the order dated 10 Jan, 2023 signed by Judge Lauren Reeder, I write to address the following
First, I attach a copy of the Request for FOF filed this morning with the court and e-served.
I note you have not answered the email below, sent on Jan. 5, 2023, citing to outstanding questions raised in email dated Dec. 28, 2022, either fully or in part.
I note you’ve also blanked the letter dated Dec. 27, 2022 (attached again) re voluntary discovery information. Considering your ignorance to date, if you do not respond by 1300 hrs today, I hereby put HCA on notice I will be filing a motion to compel the names, contact information including home addresses for the HCA Healthcare staff or consultants involved in my complaints and listed on the portal known as MyHealthOne which provides medical reports and data, including the a list of doctors, nurses and staff who attended to me during my time at Kingwood Hospital. I have also requested from you, as counsel for HCA Healthcare, the same information pertaining to the nurses and security guards who were present in my room threatening to evict me and my parents.
In regards to the order denying your request for temporary injunctive relief, are you going to dismiss the baseless counterclaim with prejudice or will you be pursuing reconsideration, appellate or other relief? I’d like to know in case y’all are still feeling threatened and cannot communicate with me, or if you’re going to behave professionally as we proceed and respond, either in short of long form to my emails. I also request a response in case I have to file relevant motion(s) to dismiss the baseless counterclaim with prejudice, as it is now moot. I certainly do not plan on allowing this frivolous counterclaim to remain percolating on the docket.
Date: Dec. 27, 2022
Serpe Andrews, PLLC
2929 Allen Parkway, Suite 1600
Houston, TX, 77019
Attn: Nicole Andrews, Madison Addicks
Re: Burke v HCA Houston Healthcare Kingwood (2022-68307, HCDC)
Dear Ms. Andrews and Ms. Addicks
Voluntary Discovery Information Requested
I wish to recover the names, job titles, contact information, including personal addresses of HCA doctors, staff and nurses responsible for my care at emergency and while resident in the South Tower of HCA Kingwood Hospital, Room 376, including the security guards and nurses who threatened to evict me and my parents from the hospital while I was in severe pain and merely seeking medical assistance, and Devon Alexander, Community and Public Relations Director.
I also wish to recover the names, job titles, contact information, including personal addresses of those responsible for investigating and responding to my complaints, as detailed in Spoilation Letter I and II, as the letters are signed by a John Doe. In short, it is illegible and does not identify who investigated my complaint(s).
Finally, I wish to seek recovery of the names, job titles and personal addresses of those responsible for the video surveillance footage I seek from HCA Kingwood Hospital for the period of my residency, if not listed above.
Please let me know if you will comply with this request voluntarily by January 2, 2023 at 9am CST – failure to respond in the affirmative or negative will be viewed as a continued violation of your ethical duties as Texas lawyers.