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Lawmaker suing hospital contractors

Kottkamp claims water cleanup led to fungal infection after '04

surgery

By Grant Boxleitner

gboxleitner@...

Originally posted on March 25, 2006

http://www.news-press.com/apps/pbcs.dll/article?

AID=/20060325/NEWS0110/603250479/1075

Fort Myers,FL

State Rep. Jeff Kottkamp suffered a life-threatening fungal

infection in 2004 as a heart patient at HealthPark Medical Center in

south Fort Myers.

Kottkamp, R-Cape Coral, filed a lawsuit against the contractors who

constructed the roof and cleaned up after water intrusion in the

building led to leaks and fungal infestation.

The lawsuit, which seeks unspecified damages, accuses Bovis Lend

Lease Inc. and Crowther Roofing and Sheet Metal of Florida of

negligence. Bovis was the general contractor for improvements at

HealthPark, while Crowther was hired to help construct and later

repair leaks and clean up the water damage, according to court

records.

The next hearing in Kottkamp's case before Judge Corwin is

scheduled on April 3, but Miami attorney Blumberg, who is

representing Kottkamp, said both sides would likely work out

contending issues outside the courtroom.

Kottkamp had bypass surgery at HealthPark in July 2004 to clear

blocked arteries but developed fungus infections that required

additional surgeries. On July 30, 2004, he underwent surgery to

remove infected tissue and part of his sternum, where more infection

developed. Doctors were removing infectious tissue from his wound

almost daily during his hospital stay, his staff said.

Kottkamp's wife, Cyndie, also is a plaintiff in the lawsuit.

Attorneys for Bovis and Crowther denied Kottkamp's allegations in

their written responses to the lawsuit, according to court records.

" (Kottkamp) had some significant out-of-pocket expenses and the

like, " Blumberg said. " Our initial discovery revealed that there was

carelessness in the way the construction was going on that allowed

the roof to leak. "

Tampa attorney Lori A. Vella, who is representing Crowther, declined

comment Friday. Miami attorney Kaplan, who is representing

Bovis, did not return a message seeking comment.

Blumberg said it's too early in the litigation, which was filed in

August, to predict when the case would be resolved and whether an

out-of-court settlement could be reached. Kottkamp, a long-time

attorney, filed his lawsuit the same month he joined &

, a well-known personal injury law firm.

" He's got the same rights as any citizen, " said Blumberg, who is

collecting depositions and records. " If there's a wrong, he's

entitled to seek redress from our civil justice system. "

Kottkamp, who was in Tallahassee on Friday, could not be reached for

comment.

HealthPark Medical Center, which is owned by Lee Memorial Health

System, is not a defendant in the lawsuit, although an attorney for

the company filed a motion to keep certain hospital records exempt

from the case.

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