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Hulk Hogan Lawsuit

Hulk Hogan Lawsuit

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Published by LegalBlitz
Former WWF star Hulk Hogan files suit against a Florida spine doctor
Former WWF star Hulk Hogan files suit against a Florida spine doctor

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Categories:Types, Business/Law
Published by: LegalBlitz on Feb 08, 2013
Copyright:Attribution Non-commercial

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02/08/2013

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IN
THE
CIRCUIT COURT
FOR THE
SIXTH JUDICIAL CIRCUIT
IN
AND FOR
PINELLAS COUNTY, FLORIDA
CIVIL
DIVISION
TERRY
G.
BOLLEA,also
known
as
HULK HOGAN,
Plaintiff,
fa
LASER SPINE INSTITUTE,
LLC,
JAMES
S. ST.
Louis, D.O.;
KEVIN
L.
SCOTT, M.D.;
and
ZOLTAN
BERECZKI,
JR., D.O.
Defendants.
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Plaintiff
TERRY
G.
BOLLEA
a/k/a
HULK HOGAN (hereafter "BOLLEA"),
^ft^deifignedo
O
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attorney, sues LASER SPINE INSTITUTE,
LLC
("LASER SPINE"
or
"LSI");
JAMES
SfiST.
LUIS,
'DO
D.O.
("ST.
LOUIS");
KEVIN
L.
SCOTT,
M.D.
("SCOTT"),
and
ZOLTAN BERECZKI, JR., D.O.("BERECZKI"), collectively "DEFENDANTS",
and
states:
ALLEGATIONS COMMON
To ALL
COUNTS
1.
At all
material
times,
BOLLEA
was a
resident
of
Pinellas
County, Florida.
2.
This is an action for medical malpractice claiming damages in excess of the jurisdictional
limits
of this Court ($15,000), exclusive of costs and interest. All actions material and relevant to
this
litigation
occurred pursuant to the practice of medicine in the State of Florida.
3.
This is also an action for and the unauthorized publication of name or likeness pursuant
to
Florida Statutes, §540.08, claiming damages
in
excess
of the
jurisdictional limits
of
this Court($15,000), exclusive of
costs
and interest. All actions material and relevant to this litigation occurred inthe State of Florida.
-1
-
 
4.
At all
material
times, ST.
LOUIS
was
licensed
as an
osteopathic physician
in
Florida,
was
practicing medicine
in
Hillsborough County, Florida,
and
held himself
out to
BOLLEA
and
others
ascapable of
rendering appropriate medical care, including surgical treatment
of the
lumbar spine.
ST.LOUISis not
Board Certified
by the
American Board
of
Orthopaedic Surgery which
is the
recognizedspecialty board for
orthopedic
surgeons, nor is he Board Certified by the American Board of Neurological
Surgery
which
is the
recognized
specialty board
for
neurosurgeons.
At all
material times,
ST.
LOUIS
was a
resident
of
Clearwater,
Pinellas County, Florida.
5.
At all
material times, SCOTT
was
licensed
as a
physician
inFlorida,was
practicing
medicine in
Hillsborough County,
Florida,
and
held
himself
out to
BOLLEA
and
others
as
capable
of
rendering appropriate medical
care,
including
surgical
treatment of the lumbar spine. At all materialtimes, SCOTT was and is a resident of Palm Harbor, Pinellas County, Florida.
6.
At all material times, BERECZKI was licensed as an osteopathic physician in Florida,
was
practicing medicine
in
Hillsborough County, Florida,
and
held himself
out to
BOLLEA
and
others
as
capable of rendering appropriate medical care, including surgical treatment of the lumbar spine.However, BERECZKI
is
neither Board
Certified
by the
American Board
of
Orthopaedic Surgery which
isthe
recognized specialty board
for
orthopedic surgeons,
nor is he
Board Certified
by the
American Board
of
Neurological Surgery which
is the
recognized specialty board
for
neurosurgeons.
At all
material times,
BERECZKI
was and is a resident of Tarpon Springs, Pinellas County, Florida.
7.
At all
material
times, LASER SPINE INSTITUTE was organized as a Florida
For-Profit
Limited Liability Company.
8.
Plaintiff
has
complied
with
all
conditions precedent
to the filing of
this action including,the
filing
of a
verified
opinion
from
a
Board Certified Neurosurgeon
familiar
with
the
facts
and
records
in
this case concluding that reasonable grounds exist
for
bringing this action, pre-suit investigation
766.203, Fla.
Stat.) and
notice
766.106,
Fla. Stat.) on all
Defendants.
-2-
 
9. As
required
by §
766.104,
Fla.
Stat., counsel
for
Plaintiff
has
conducted
a
reasonable
investigation
concerning the claims asserted here. The Certificate of Counsel to this effect is incorporated
below.
10.
At alltimes material, BOLLEAwas aprofessional athleteandentertainerwho wasalso
known
as the wrestler "Hulk Hogan". In addition to having been an athlete, BOLLEA had also developeda career in entertainment and acting in both movies and television. Consequently,
BOLLEA's
physical
condition
was of paramount importance to his ability to earn an income. At all material times,DEFENDANTS were aware of these
facts.
11.
At all times material, LASER SPINE INSTITUTE direct marketed itself to the general
public
as a
provider
of
minimally
invasive
outpatient surgical procedures
to
persons
suffering
from
neck
and
back pain. They did so by drawing comparisons
between
the alternative endoscopic procedures
that
it
provides
to
patients
and
open procedures more traditionally provided
to
patients.
At all
times material,LASER SPINE
did not
provide
any
open surgical procedures which could address BOLLEA's conditions
including
degenerative scoliosis, spondylolisthesis,
severe
spinal stenosis and decreased disc space, and
therefore
it did not have the capability to provide standard of care treatment for those conditions toBOLLEA. Furthermore,
at no
time relevant
to
this
case
did any
defendant maintain staff privileges
at any
hospital which would allow
any of
them
to
perform
any
surgical procedure including open
surgical
procedures such as a fusion.
12.
LASER SPINE, through its
direct
to the public marketing campaign, attempts to create
the
impression
that
its
alternativeendoscopic
treatments
are
comparable
to and
provide even more
effective
results than conventional open
fusion
procedures
by
claiming that
it is
able
to
provide
an
"advanced alternative
to
fusions
and
hardware",
and
that
it is
able
to do so
with
no
hospitalizations,
smaller
incisions, less blood loss, no general
anesthesia,
"cutting edge medical technology", shorter
recovery
times, and a return to normal activity within days while incorrectly claiming that they can
achieve
the same
results
as open
fusions.
-3-

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