Free Response to Motion - District Court of Arizona - Arizona

EXHIBIT F
Case 2:04-cv-00644-JAT-LOA Document 64-7 Filed 02/13/2006 Page 1 of 3

"..".

Terry Goddard Attorney General

Office of the Attorney General State of Arizona Liability Management Section January 11, 2006

Writer's Direct Line: (520) 388-7138 [email protected]

Paul Eugene Rhodes ASPC-Florence-Central Post Office Box 8200 Florence, Arizona 85232 Re: Paul Eugene Rhodes v. Quirino Valeros, et al., USDC No. CV04-0644-PHXJAT (MS), IDS05-0l64

Dear Mr. Rhodes: This letter is in response to the discovery matters you raised in your "Second Motion to Correct discovery issues." I am providing you with the following additional information.

1.

Pictures for Dermatologist Consults.

You claim that you and Judy Aguilar viewed hard copies of the pictures for the "derma consult" to make sure the images were adequate prior to sending them to the dermatologist. According to Ms. Aguilar, what you viewed were the images on her
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computer that were taken for the telemedicine consultation of April 7, 2004. Ms. Aguilar

never had hard copies of these pictures in her possession. Therefore, to Ms. Aguilar's knowledge, no hard copies of the pictures taken for the telemedicine consultation of April 7, 2004, are known to exist at ADC. As to hard copy pictures of the telemedicine consultation of June 12,2003, none are known to exist at ADC as well. However, in further inquiring and investigating this issue, my legal assistant discovered that Carondelet Health Network at St. Mary's Hospital had made color copies of the images that were taken of you for the telemedicine consultations of June 12, 2003 andApril 7, 2004, for its medical file. The existence of these hard copies was not known at the .time of your original request or when I previously responded to you regarding this issue on December 5, 2005. Based on this newly discovered information, I am forwarding to you color copies of the images for these Divotelemedicine consultations. In addition, I am providing you with copies of the telemedicine medical records for each of the referenced

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Case 2:04-cv-00644-JAT-LOA Document 64-7 177 N. Church Ave., Ste. 1105, Tucson, Arizona 85701-1114.

Filed 520-628-6044. Phone 02/13/2006

Page 2 of 3 Fax 520-628-6050

..1'\1 Rhode:) r. Eugene Rhodes v. Quirino Valeros, et £II January 11) 2006 Page 2 of2

consultations. Please note that the dennatologist viewing these images viewed them electronically, not in hard copy. Because hard copy pictures may not be of the same quality as the images when viewed electronically, these hard copies do not necessarily accurately represent exactly what the dermatologist viewed. I believe that this finally resolves this Issue.
2.

Manufacturer's Information Guides

You a re dissatisfied with d rug information provided to you for the eighteen listed medications for which you requested information. You insist that "mfg's guides" are easily obtainable by ADC. In support of your argument that these guides are easily obtainable, you attached three original information sheets/guides that you received in connection with medications you received in prison. Apparently, you received these three original information sheets/guides with your over-the-counter medications. Copies of these guides are not kept by the prison pharmacy, as explained in my December 5, 2005 letter and in the Affidavit of Marilyn Wand, enclosed herewith.

On December 5, 2005, I provided you the "patient education sheets" available by the prison pharmacy. The patient education sheets are the only drug information available by
the pharmacy

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the manufacturer's guides are simply not available, as described in detail in

the Affidavit of Marilyn Wand. Therefore, I maintain my earlier position that we are unable to comply with this discovery request.
The updated information provided herein should suffice and should no longer continue to be raised in the future. This matter has reached finality and no different answers will be reached-all avenues have been exhausted.

Very truly yours,

Anne Stratman Assistant Attorney General AS/jb Enclosures
941595

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Case 2:04-cv-00644-JAT-LOA

Document 64-7

Filed 02/13/2006

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