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INDEX NO. 508009/2013
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
NATHANIEL GRAYTON, an Infant, by his Inother and Index No. 508009/13
natural guardian, SHERRI SKIDMORE,
VERIFIED BILL
Plaintiff, OF
PARTICULARS
-against-
VASUDHA VISWANATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNANDO GINEBRA, M.D., SONY LOISEAU, M:D.,
and WYCKOFF HEIGHTS MEDICAL CENTER,
Defendants.
---------------- ---------------------------X
Plaintiff, by his attorneys, LEVINE & GROSSMAN, sets forth the
as and for their Verified Bill of Particulars, pursuant to the demand of
following
the defendant, VASUDHA VISWANATHAN, M.D.:
1. The infant plaintiff's date of birth is February 28, 2009.
2. The infant's mother, Sherri Skidmore's date of birth is August.3, 1981.
3. The infant plaintiff's Social Security number is
4. Improper demand, in that there is no claim on behalf of Sherri Skidmore.
5.-6. The infant and his mother reside at 228 Moffat Street, Brooklyn, NY.
7. The defendant, VASUDHA VISWANATHAN, M.D., her agents,
servants and employees were careless and negligent as follows: in failing and
to obtain a full, complete and detailed medical history of all ofthe
neglecting
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signs, symptoms and conditions of the infant plaintiff; in failing and to
neglecting
know or acquaint herself with plaintiffs conditions; in failing and neglecting to
communicate with other treating physicians; n failing to properly intubate the
in to appropriately medicate the infant plaintiff, in to
patient; failing failing
administer dopamine; in failing to administer debutamine; in improperly making
several attempts at intubation; in improperly intubating infant plaintiff;
in failing to timely and properly recognize the significance of, determine the
etiology of and act upon the patient's signs and symptoms; in failing to timely and
recognize the significance of, determine the etiology of and act upon the
properly
patient's laryngospasm; in failing to timely and properly recognize that the infant
was in failure; in failing to perform a proper physical examination of
respiratory
the infant plaintifF, in failing to timely and properly order and/or perform a chest
x-ray; in failing to order and/or obtain blood gases; in failing to timely and
transfer the infant; in failing to timely and properly stabilize the infant; in
properly
to recognize the significance ofthe infant's vital signs; in failing to
failing
recognize the significance that the infant was bradycardic; in failing and
to consult with a specialist; in failing and neglecting to consult with a
neglecting
pulmonologist; in and neglecting to consult with a cardiologist; in
failing
the aforesaid procedure in violation, departure and
improperly performing
deviation from the accepted and approved standard of practice, procedure and
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technique; in improperly using and employing contraindicated techniques in the
performance of the aforesaid procedure; in incompetently treating, observing,
for and managing the infant plaintiff; in failing and neglecting to comply
caring
with and adhere to the accepted and approved standard of practice, procedure and
technique; in deviating and departing from the aforementioned standards; in
and allowing serious complications and conditions to arise in the infant
causing
plaintiff; in and neglecting to expect, anticipate and foresee the dangers,
failing
harm and injuries incident to, inherent in and attendant upon the use and
risks,
employment of the aforesaid contraindicated technique, practice and procedure; in
to discuss alternative procedures with the plaintiff; in failing to warn, alert
failing
and inform the plaintiff of the dangers and complications arising out of the
aforesaid procedure; in failing and neglecting to perform her responsibilities,
obligations and duties and exercise her authority, supervision and control over the
physicians and hospital staff assisting her in the care and treatment of the plaintiff;
in authority, responsibility, obligations, supervision and
improperly delegating
control to the staff of the defendant hospital; in failing and neglecting to assign
and select qualified assistants to assist in the aforesaid procedure; in failing and
to see that the assistants chosen by her performed their duties and
neglecting
obligations in a proper manner; in failing and neglecting to possess and exercise
that degree of care and caution which a reasonably prudent physician would have
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exercised under the same or similar circumstances then and there existing; in
and neglecting to possess and exercise that degree of skill, ability,
failing
experience and knowledge possessed and exercised by a specialist; in failing and
to advise the plaintiff of the risks, hazards and dangers inherent,
neglecting
connected and associated with the performance of the aforesaid procedure; in
knowing that the plaintiff was ignorant and without knowledge as to the aforesaid
risks, hazards and dangers; and in improperly inducing plaintiff to give consent to
the performance of the aforesaid procedure; in knowing that plaintiff relied upon
the aforesaid failure and advice with respect to the aforementioned risks, hazards
and dangers and that plaintiff would not have given her consent to the
performance of the said procedure had she known of the aforementioned risks,
hazards and dangers, and that plaintiff, in view of the foregoing, would not have
given her consent nor did she give an informed consent to the performance of the
aforesaid procedure.
8. April 2, 2009.
9. Vasudha Viswanathan, M.D.
10. This is an improper demand. The defendant is presumed to know the
accepted medical standards applicable herein. Patterson v. Jewish Hospital &
Medical Center of Brooklyn, 65 AD2d 553.
11. VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D.,
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'
NYSCET.DOC. NO. 69 RECEIVED NYSCEF: 03/28/2019
RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., 8ONY
LOISEAU, M.D., and the physicians and medical professionals employed at
WYCKOFF HEIGHTS MEDICAL CENTER, that participated in the care and
treatment of the infant plaintiff.
12. Improper demand pursuant to Bharwani v. Rosario, 180 AD2d 704, 579
(2"d
NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 NYS 2d 212
(2"8
Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003, 440 NYS2d
(2nd
Misc.2d 680, 405 NYS2d 194 aff'd. 65 AD2d 553, 409 NYS2d 124
Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree, 233
(3rd
AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45 AD2d
(2"8
856, 358 NYS2d 537 Dept,1974).
13.-16. Improper demands. These demands are improper in that are
they
"7."
duplicati,ve and demand the same information demanded in paragraph
17. April 2, 2009.
. 18. April 2, 2009.
19. Yes.
20. a. None.
b. and d. Improper demand pursuant to Bharwani v. Rosario, 180
(2"d
AD2d 704, 579 NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 .
t
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(2"4
NYS 2d 212 Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003,
(2"4
440 NYS2d 109 Dept.1981); Pattersoñ v. Jewish Hosp. & Med Center of
Brooklyn, 94 Mise.2d 680, 405 NYS2d 194 aff'd. 65 AD2d 553, 409 NYS2d 124
(2nd
Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree,
(3rd
233 AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45
(2"4
AD2d 856, 358 NYS2d 537 Dept.1974).
c. None.
d. Defendant did not obtain an informed consent.
21. No.
22. Not applicable.
23. The infant plaintiff sustained the following injuries, which were caused,
contributed to and/or aggravated by this answering defendant's carelessness and
negligence:
-
Respiratory arrest;
- Pneumothorax on left;
-
Pneumomediastinum;
- . Bradycardia;
Tachycardia;
Cardiorespiratory failure;
-
Cardiopulmonary arrest;
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- Requirement for CPR;
- for
Necessity oscillator;
- for admission to PICU;
Necessity
-
Diffusely hazy lungs;
- Aspiration pneumonia;
Electrolytes out of balance;
Necessity for medication including, but not limited to, antibiotics;
Necessity for nasogastric tube;
Necessity for chest tubes;
- for left-sided central venous
Necessity catheter;
- for endotracheal
Necessity tube;
-
Hypotension;
- for prolonged
Necessity hospitalization;
- Frequent colds;
-
Stridor;
-
Asthma;
Shortness of breath;
Necessity for use of nebulizer;
Pharyngeal dysphagia;
- Possibility-of brain damage with delays in all areas;
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DOC. NO. 69
- Impairment of all activities.
daily
The foregoing injuries are permanent.
24. The infant plaintiff was confined to:
bed: not applicable, as the infant was only six weeks old at the
(a)
time of incident;
(b) home: intermittently to date.
(c) New York Presbyterian Hospital: 4/2/09-4/16/09; and
various follow up visits.
25. The infant plaintiff is a Medicaid recipient, which covered
(a)-(e)
such expenses. It is anticipated that Medicaid will claim a lien in this matter. To
the extent such a lien is claimed, plaintiff alleges that the defendants are
responsible for same.
(f) Not applicable.
26. See 24(c).
27. (a)-(d) The infant was treated for cardiorespiratory failure and
pneumothorax by various doctors in New York Presbyterian Hospital, for which
an authorization is provided under separate cover.
28.-30. Not applicable.
31.-32. See response to 25.
33. Presently unknown. Upon information and belief, this information is
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defendants'
within the knowledge.
34. Not applicable.
DATED: Mineola, NY
May 30, 2014
Yours, etc.,
LEV GROSSMAN
ys 1 tiff
BY
SC T D.itÛÉ1N
114 Old Country Road
Mineola, NY 11501
516-248-7575
TO: COSTELLO, SHEA & GAFFNEY LLP
Attorneys for Defendants
VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D.,
and FERNANDO GINEBRA, M.D.
11*
44 Wall Street, Floor
New York, NY 10005
212-483-9600
SANTANGELO, BENVENUTO & SLATTERY
Attorneys for Defendant RAJENDRA BHAYANI, M.D.
1800 Northern Boulevard
Roslyn, NY 11576
516-775-2236
ARSHACK, HAJEK & LEHRMAN, PLLC
Attomeys for Defendants SONY LOISEAU, M.D.
and WYCKOFF BEIGHTS MEDICAL CENTER
1790 Broadway, Suite 710
New York, NY 10019
212-582-6500
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ATTORNEY'S VERIFICATION
STATE OF NEW YORK )
)ss.:
COUNTY OF NASSAU )
I, the undersigned, am an attorney admitted to practice in the courts of New York
State, and say that:
I am the attorney of record, or of counsel to the attorney of record, for plaintiff(s).
I have read the annexed BILL OF PARTICULARS and know the contents thereof and the
same is true to my own knowledge, except those matters therein which are stated to be
alleged on information and belief, and as to those matters I believe them to be true. My
belief, as to those matters therein not stated upon knowledge, is based upon the following:
investigation, materials in the file and conversations with the plaintiff(s).
The reason I make this affirmation instead of plaintiff(s) is that the plaintiff(s)
reside outside of the in which I rnaintain my office.
county
I affirm that the foregoing statements are true under the penalties of perjury.
Dated: Mineola, New York
May 30, 2014
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SUPREMB COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
__________ ___--.----_____--------·-------X
NATHANIEL GRAYTON, an Infant, by his mother and Index No. 508009/13
natural guardian, SHERRI SK1DMORE,
VERIFIED BILL
Plaintiff, OF
PARTICULARS
-against-
VASUDHA VISWANATHAN, M.D., CALIXTO
CAZANO, M.D., RAJENDRA BHAYANI, M.D.,
FERNAND O GINEBRA, M.D., SONY LOISEAU, Mli,
and WYCKOFF HEIGHTS MEDICAL CENTER,
Defendants.
---------·------- --------------------------X
Plaintiff, by his attorneys, LEVINE & GROSSMAN, sets forth the
following as and for their Verified Bill of Particulars, pursuant to the demand of
the defendant, CALIXTO CAZANO, M.D.:
1. The infant plaintiff's date of birth is February 28, 2009.
2. The infant's mother, Sherri Skidmore's date of birth is August 3, 1981.
3. The infant plaintiff's Social Security number is
4. Improper demand, in that there is no claim on behalf of Sherri Skidmore.
5.-6. The infant and his mother reside at 228 Moffat Street, Brooldyn, NY.
7. The defendant, CALIXTO CAZANO, M.D., his agents, servants and
employees were careless and negligent as follows: in failing and neglecting to
obtain a full, complete and detailed medical history of all of the signs, symptoms
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and conditions of the infant plaintiff; in failing and neglecting to know or acquaint
himself with plaintiffs conditions; in failing and neglecting to communicate with
other treating physicians; in failing to see that the infant was properly intubated; in
failing to appropriately medicate the infant plaintiff, in failing to administer
dopamine; in failing to administer debutamine; in failing to timely and properly
recognize the significance of, determine the etiology of and act upon the patient's
signs and symptoms; in failing to timely and properly recognize the significance
of, determine the etiology of and act upon the patient's laryngospasm; in to
failing
timely and properly recognize that the infant was in respiratory failure; in failing
to perform a proper physical examination of the infant plaintiff; in failing to timely
and properly order and/or perform a chest x-ray; in failing to order and/or obtain
blood gases; in fhiling to timely and properly transfer the infant; in failing to
timely and properly stabilize the infant; in failing to recognize the significance of
the infant's vital signs; in fhiling to recognize the significance that the infant was
bradycardic; in failing and neglecting to consult with a specialist; in and
failing
neglecting to consult with a pulmonologist; in failing and neglecting to consult
with a cardiologist; in incompetently treating, observing, caring for and
managing
the infant plaintiff; in causing and allowing serious complications and conditions
to arise in the infant plaintiff; in failing and neglecting to perform his
responsibilities, obligations and duties and exercise his authority, supervision and
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control over the physicians and hospital staff assisting in the care and treatment of
the plaintiff; in improperly delegating authority, responsibility,obligations,
supervision and control to the staff of the defendant hospital; in failing and
to possess and exercise that degree of care and caution which a
neglecting
prudent physician would have exercised under the same or similar
reasonably
circumstances then and there existing; and in failing and neglecting to possess and
exercise that degree of skill, ability, experience and knowledge possessed and
exercised by a specialist.
8. April 2, 2009.
9. Calixto Cazano, M.D.
10. This is an improper demand. The defendant is presumed to know the
accepted medical standards applicable herein. Patterson v. Jewish Hospital &
Medical Center of Brooklyn, 65 AD2d 553.
11. VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D.,
RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY
LOISEAU, M.D., and the physicians and medical professionals employed at
WYCKOFF BEIGHTS MEDICAL CENTER, that participated in the care and
treatment of the infant plaintiff.
12. Improper demand pursuant to Bharwani v. Rosario, 180 AD2d 704, 579
(2nd
NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 NYS 2d 212
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(2"d
Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003, 440 NYS2d
(2nd
109 Dept.1981); Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94
(2"d
Mise.2d 680, 405 NYS2d 194 aff d. 65 AD2d 553, 409 NYS2d 124
Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree, 233
(3rd
AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45 AD2d
(2"d
856, 358 NYS2d 537 Dept.1974).
13.-16. Improper demands. These demands are improper in that they are
"7."
duplicative and demand the same information demanded in paragraph
17. April 2, 2009.
18. April 2, 2009.
19. Yes.
20. a. None.
b. and d. Improper demand pursuant to Bharwani v. Rosario, 180
(2"d
AD2d 704, 579 NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673
(2nd
NYS 2d 212 Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003,
(2nd
440 NYS2d 109 Dept.1981); Patterson v. Jewish Hosp. & Med. Center of
Brooklyn, 94 Misc.2d 680, 405 NYS2d 194 aff d. 65 AD2d 553, 409 NYS2d 124
(2nd
Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree,
(3rd
233 AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45
(2nd
AD2d 856, 358 NYS2d 537
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NŸSCEF ÔOC. NO. 69 RECEIVED NYSCEF: 03/28/2019
c. None.
d. Defendant did not obtain an informed consent.
21. No.
22. Not applicable.
sustained the which were caused,
23. The infant plaintiff following injuries,
y4his-answering-defend
negligence:
- arrest;
Respiratory
- Pneumothorax on left;
- Pneumomediastinum;
- Bradyeardia
- Tachycardia;
- failure;
Cardiorespiratory
- arrest;
Cardiopulmonary
- Requirement for CPR;
- for oscillator;
Necessity
- for admission to PICU;
Necessity
- lungs;
Diffusely hazy
- Aspiration pneumonia;
- Electrolytes out of balance;
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- for medication but not limited
Necessity including, to, antibiotics;
- for nasogastric
Necessity tube;
- for chest
Necessity tubes;
- for left-sided central venous
Necessity catheter;
- for endotracheal
Necessity tube;
-
Hypotension;
Preview
FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 {F1LED : _KINGS COUNTY CLF¯KF¯03/28 /2019 01: 38 Pld NY,SCE pOC, NO. 69 RECEIVED NYSCEF: 03/28/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS NATHANIEL GRAYTON, an Infant, by his Inother and Index No. 508009/13 natural guardian, SHERRI SKIDMORE, VERIFIED BILL Plaintiff, OF PARTICULARS -against- VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M:D., and WYCKOFF HEIGHTS MEDICAL CENTER, Defendants. ---------------- ---------------------------X Plaintiff, by his attorneys, LEVINE & GROSSMAN, sets forth the as and for their Verified Bill of Particulars, pursuant to the demand of following the defendant, VASUDHA VISWANATHAN, M.D.: 1. The infant plaintiff's date of birth is February 28, 2009. 2. The infant's mother, Sherri Skidmore's date of birth is August.3, 1981. 3. The infant plaintiff's Social Security number is 4. Improper demand, in that there is no claim on behalf of Sherri Skidmore. 5.-6. The infant and his mother reside at 228 Moffat Street, Brooklyn, NY. 7. The defendant, VASUDHA VISWANATHAN, M.D., her agents, servants and employees were careless and negligent as follows: in failing and to obtain a full, complete and detailed medical history of all ofthe neglecting FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 (FILED: KINGS COUNTY CLERK 03/28/2019 01 38 PM| NXSCEÉ pOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 signs, symptoms and conditions of the infant plaintiff; in failing and to neglecting know or acquaint herself with plaintiffs conditions; in failing and neglecting to communicate with other treating physicians; n failing to properly intubate the in to appropriately medicate the infant plaintiff, in to patient; failing failing administer dopamine; in failing to administer debutamine; in improperly making several attempts at intubation; in improperly intubating infant plaintiff; in failing to timely and properly recognize the significance of, determine the etiology of and act upon the patient's signs and symptoms; in failing to timely and recognize the significance of, determine the etiology of and act upon the properly patient's laryngospasm; in failing to timely and properly recognize that the infant was in failure; in failing to perform a proper physical examination of respiratory the infant plaintifF, in failing to timely and properly order and/or perform a chest x-ray; in failing to order and/or obtain blood gases; in failing to timely and transfer the infant; in failing to timely and properly stabilize the infant; in properly to recognize the significance ofthe infant's vital signs; in failing to failing recognize the significance that the infant was bradycardic; in failing and to consult with a specialist; in failing and neglecting to consult with a neglecting pulmonologist; in and neglecting to consult with a cardiologist; in failing the aforesaid procedure in violation, departure and improperly performing deviation from the accepted and approved standard of practice, procedure and FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 FILED i KINGS COUNTY CLÈRK 03/28/2019 01;38 PM| N†SCEF pOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 technique; in improperly using and employing contraindicated techniques in the performance of the aforesaid procedure; in incompetently treating, observing, for and managing the infant plaintiff; in failing and neglecting to comply caring with and adhere to the accepted and approved standard of practice, procedure and technique; in deviating and departing from the aforementioned standards; in and allowing serious complications and conditions to arise in the infant causing plaintiff; in and neglecting to expect, anticipate and foresee the dangers, failing harm and injuries incident to, inherent in and attendant upon the use and risks, employment of the aforesaid contraindicated technique, practice and procedure; in to discuss alternative procedures with the plaintiff; in failing to warn, alert failing and inform the plaintiff of the dangers and complications arising out of the aforesaid procedure; in failing and neglecting to perform her responsibilities, obligations and duties and exercise her authority, supervision and control over the physicians and hospital staff assisting her in the care and treatment of the plaintiff; in authority, responsibility, obligations, supervision and improperly delegating control to the staff of the defendant hospital; in failing and neglecting to assign and select qualified assistants to assist in the aforesaid procedure; in failing and to see that the assistants chosen by her performed their duties and neglecting obligations in a proper manner; in failing and neglecting to possess and exercise that degree of care and caution which a reasonably prudent physician would have FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 [FILED: KÏNGS COUNTY CLERK 03/28/2019 01-38 PM) 'NYSCET DOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 exercised under the same or similar circumstances then and there existing; in and neglecting to possess and exercise that degree of skill, ability, failing experience and knowledge possessed and exercised by a specialist; in failing and to advise the plaintiff of the risks, hazards and dangers inherent, neglecting connected and associated with the performance of the aforesaid procedure; in knowing that the plaintiff was ignorant and without knowledge as to the aforesaid risks, hazards and dangers; and in improperly inducing plaintiff to give consent to the performance of the aforesaid procedure; in knowing that plaintiff relied upon the aforesaid failure and advice with respect to the aforementioned risks, hazards and dangers and that plaintiff would not have given her consent to the performance of the said procedure had she known of the aforementioned risks, hazards and dangers, and that plaintiff, in view of the foregoing, would not have given her consent nor did she give an informed consent to the performance of the aforesaid procedure. 8. April 2, 2009. 9. Vasudha Viswanathan, M.D. 10. This is an improper demand. The defendant is presumed to know the accepted medical standards applicable herein. Patterson v. Jewish Hospital & Medical Center of Brooklyn, 65 AD2d 553. 11. VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 CLERK INDEX NO. 508009/2013 FILED: KINGS COUNTY 03/28/2019 01: 38 PM| ' NYSCET.DOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., 8ONY LOISEAU, M.D., and the physicians and medical professionals employed at WYCKOFF HEIGHTS MEDICAL CENTER, that participated in the care and treatment of the infant plaintiff. 12. Improper demand pursuant to Bharwani v. Rosario, 180 AD2d 704, 579 (2"d NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 NYS 2d 212 (2"8 Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003, 440 NYS2d (2nd Misc.2d 680, 405 NYS2d 194 aff'd. 65 AD2d 553, 409 NYS2d 124 Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree, 233 (3rd AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45 AD2d (2"8 856, 358 NYS2d 537 Dept,1974). 13.-16. Improper demands. These demands are improper in that are they "7." duplicati,ve and demand the same information demanded in paragraph 17. April 2, 2009. . 18. April 2, 2009. 19. Yes. 20. a. None. b. and d. Improper demand pursuant to Bharwani v. Rosario, 180 (2"d AD2d 704, 579 NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 . t FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 FILED : KINGS COUNTY CLERK 03/28 /2019 01: 38 PM N'YSCEF^Ç0C. NO. 69 RECEIVED NYSCEF: 03/28/2019 (2"4 NYS 2d 212 Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003, (2"4 440 NYS2d 109 Dept.1981); Pattersoñ v. Jewish Hosp. & Med Center of Brooklyn, 94 Mise.2d 680, 405 NYS2d 194 aff'd. 65 AD2d 553, 409 NYS2d 124 (2nd Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree, (3rd 233 AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45 (2"4 AD2d 856, 358 NYS2d 537 Dept.1974). c. None. d. Defendant did not obtain an informed consent. 21. No. 22. Not applicable. 23. The infant plaintiff sustained the following injuries, which were caused, contributed to and/or aggravated by this answering defendant's carelessness and negligence: - Respiratory arrest; - Pneumothorax on left; - Pneumomediastinum; - . Bradycardia; Tachycardia; Cardiorespiratory failure; - Cardiopulmonary arrest; FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 FILED: KINGS COUNTY CLERK 03/28)_2019 01:38 PM) 1fZSCEF D.OC. NO. 69 RECEIVED NYSCEF: 03/28/2019 - Requirement for CPR; - for Necessity oscillator; - for admission to PICU; Necessity - Diffusely hazy lungs; - Aspiration pneumonia; Electrolytes out of balance; Necessity for medication including, but not limited to, antibiotics; Necessity for nasogastric tube; Necessity for chest tubes; - for left-sided central venous Necessity catheter; - for endotracheal Necessity tube; - Hypotension; - for prolonged Necessity hospitalization; - Frequent colds; - Stridor; - Asthma; Shortness of breath; Necessity for use of nebulizer; Pharyngeal dysphagia; - Possibility-of brain damage with delays in all areas; FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 ÏLED: KINGS CÖÚNTV CLERK 03 28/2019 01:38 PM| NYSCEF' RECEIVED NYSCEF: 03/28/2019 DOC. NO. 69 - Impairment of all activities. daily The foregoing injuries are permanent. 24. The infant plaintiff was confined to: bed: not applicable, as the infant was only six weeks old at the (a) time of incident; (b) home: intermittently to date. (c) New York Presbyterian Hospital: 4/2/09-4/16/09; and various follow up visits. 25. The infant plaintiff is a Medicaid recipient, which covered (a)-(e) such expenses. It is anticipated that Medicaid will claim a lien in this matter. To the extent such a lien is claimed, plaintiff alleges that the defendants are responsible for same. (f) Not applicable. 26. See 24(c). 27. (a)-(d) The infant was treated for cardiorespiratory failure and pneumothorax by various doctors in New York Presbyterian Hospital, for which an authorization is provided under separate cover. 28.-30. Not applicable. 31.-32. See response to 25. 33. Presently unknown. Upon information and belief, this information is FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 FILED : KINGS COUNTY CLERK 03/28/2019 01 : 38 PM} NYSCEF DOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 defendants' within the knowledge. 34. Not applicable. DATED: Mineola, NY May 30, 2014 Yours, etc., LEV GROSSMAN ys 1 tiff BY SC T D.itÛÉ1N 114 Old Country Road Mineola, NY 11501 516-248-7575 TO: COSTELLO, SHEA & GAFFNEY LLP Attorneys for Defendants VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., and FERNANDO GINEBRA, M.D. 11* 44 Wall Street, Floor New York, NY 10005 212-483-9600 SANTANGELO, BENVENUTO & SLATTERY Attorneys for Defendant RAJENDRA BHAYANI, M.D. 1800 Northern Boulevard Roslyn, NY 11576 516-775-2236 ARSHACK, HAJEK & LEHRMAN, PLLC Attomeys for Defendants SONY LOISEAU, M.D. and WYCKOFF BEIGHTS MEDICAL CENTER 1790 Broadway, Suite 710 New York, NY 10019 212-582-6500 FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 38 INDEX NO. 508009/2013 fFILED : KINGS COUNTY CLERK 03/28 T2019 01: PM| NYSCE ,DOC. NO, 69 . RECEIVED NYSCEF: 03/28/2019 ATTORNEY'S VERIFICATION STATE OF NEW YORK ) )ss.: COUNTY OF NASSAU ) I, the undersigned, am an attorney admitted to practice in the courts of New York State, and say that: I am the attorney of record, or of counsel to the attorney of record, for plaintiff(s). I have read the annexed BILL OF PARTICULARS and know the contents thereof and the same is true to my own knowledge, except those matters therein which are stated to be alleged on information and belief, and as to those matters I believe them to be true. My belief, as to those matters therein not stated upon knowledge, is based upon the following: investigation, materials in the file and conversations with the plaintiff(s). The reason I make this affirmation instead of plaintiff(s) is that the plaintiff(s) reside outside of the in which I rnaintain my office. county I affirm that the foregoing statements are true under the penalties of perjury. Dated: Mineola, New York May 30, 2014 FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 [FILED KINGS CÖÚNTY CLE K 03L28/2019 01:38 NYSC.F DOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 FILED KINGS COUNTY CLERK 03 / 2 8 /2019 01: 38 PMJ N SC'$F 600. NO. 69 RECEIVED NYSCEF: 03/28/2019 SUPREMB COURT OF THE STATE OF NEW YORK COUNTY OF KINGS __________ ___--.----_____--------·-------X NATHANIEL GRAYTON, an Infant, by his mother and Index No. 508009/13 natural guardian, SHERRI SK1DMORE, VERIFIED BILL Plaintiff, OF PARTICULARS -against- VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNAND O GINEBRA, M.D., SONY LOISEAU, Mli, and WYCKOFF HEIGHTS MEDICAL CENTER, Defendants. ---------·------- --------------------------X Plaintiff, by his attorneys, LEVINE & GROSSMAN, sets forth the following as and for their Verified Bill of Particulars, pursuant to the demand of the defendant, CALIXTO CAZANO, M.D.: 1. The infant plaintiff's date of birth is February 28, 2009. 2. The infant's mother, Sherri Skidmore's date of birth is August 3, 1981. 3. The infant plaintiff's Social Security number is 4. Improper demand, in that there is no claim on behalf of Sherri Skidmore. 5.-6. The infant and his mother reside at 228 Moffat Street, Brooldyn, NY. 7. The defendant, CALIXTO CAZANO, M.D., his agents, servants and employees were careless and negligent as follows: in failing and neglecting to obtain a full, complete and detailed medical history of all of the signs, symptoms FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 KINGS COUNTY 03/28/2019 INDEX NO. 508009/2013 FILEDT CLERK 01: 38 PM| N SDEF ÒOG. NO. 69 RECEIVED NYSCEF: 03/28/2019 and conditions of the infant plaintiff; in failing and neglecting to know or acquaint himself with plaintiffs conditions; in failing and neglecting to communicate with other treating physicians; in failing to see that the infant was properly intubated; in failing to appropriately medicate the infant plaintiff, in failing to administer dopamine; in failing to administer debutamine; in failing to timely and properly recognize the significance of, determine the etiology of and act upon the patient's signs and symptoms; in failing to timely and properly recognize the significance of, determine the etiology of and act upon the patient's laryngospasm; in to failing timely and properly recognize that the infant was in respiratory failure; in failing to perform a proper physical examination of the infant plaintiff; in failing to timely and properly order and/or perform a chest x-ray; in failing to order and/or obtain blood gases; in fhiling to timely and properly transfer the infant; in failing to timely and properly stabilize the infant; in failing to recognize the significance of the infant's vital signs; in fhiling to recognize the significance that the infant was bradycardic; in failing and neglecting to consult with a specialist; in and failing neglecting to consult with a pulmonologist; in failing and neglecting to consult with a cardiologist; in incompetently treating, observing, caring for and managing the infant plaintiff; in causing and allowing serious complications and conditions to arise in the infant plaintiff; in failing and neglecting to perform his responsibilities, obligations and duties and exercise his authority, supervision and FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 D: KINGS COUNTY CLERK 03/28/2019 01 M] NYSCEF IOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 control over the physicians and hospital staff assisting in the care and treatment of the plaintiff; in improperly delegating authority, responsibility,obligations, supervision and control to the staff of the defendant hospital; in failing and to possess and exercise that degree of care and caution which a neglecting prudent physician would have exercised under the same or similar reasonably circumstances then and there existing; and in failing and neglecting to possess and exercise that degree of skill, ability, experience and knowledge possessed and exercised by a specialist. 8. April 2, 2009. 9. Calixto Cazano, M.D. 10. This is an improper demand. The defendant is presumed to know the accepted medical standards applicable herein. Patterson v. Jewish Hospital & Medical Center of Brooklyn, 65 AD2d 553. 11. VASUDHA VISWANATHAN, M.D., CALIXTO CAZANO, M.D., RAJENDRA BHAYANI, M.D., FERNANDO GINEBRA, M.D., SONY LOISEAU, M.D., and the physicians and medical professionals employed at WYCKOFF BEIGHTS MEDICAL CENTER, that participated in the care and treatment of the infant plaintiff. 12. Improper demand pursuant to Bharwani v. Rosario, 180 AD2d 704, 579 (2nd NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 NYS 2d 212 FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 FILED: KINGS COUNTY CLEJRK 03/28¯72d19 01:38 PM NŸSCEF ÙOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 (2"d Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003, 440 NYS2d (2nd 109 Dept.1981); Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94 (2"d Mise.2d 680, 405 NYS2d 194 aff d. 65 AD2d 553, 409 NYS2d 124 Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree, 233 (3rd AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45 AD2d (2"d 856, 358 NYS2d 537 Dept.1974). 13.-16. Improper demands. These demands are improper in that they are "7." duplicative and demand the same information demanded in paragraph 17. April 2, 2009. 18. April 2, 2009. 19. Yes. 20. a. None. b. and d. Improper demand pursuant to Bharwani v. Rosario, 180 (2"d AD2d 704, 579 NYS2d 727 Dept.1992); Dellagio v. Paul, 250 AD2d 806, 673 (2nd NYS 2d 212 Dept.1998); McKenzie v. St. Elizabeth Hospital, 81 AD2d 1003, (2nd 440 NYS2d 109 Dept.1981); Patterson v. Jewish Hosp. & Med. Center of Brooklyn, 94 Misc.2d 680, 405 NYS2d 194 aff d. 65 AD2d 553, 409 NYS2d 124 (2nd Dept.1978). This demand is also patently improper pursuant to Lidell v. Cree, (3rd 233 AD2d 593, 649 NYS2d 101 Dept.1996); Cirelli v. Victory Memorial, 45 (2nd AD2d 856, 358 NYS2d 537 FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 INDEX NO. 508009/2013 (FILED: KINGS COUNTY CLFJtK 03/28/2019 01: 38_PM) NŸSCEF ÔOC. NO. 69 RECEIVED NYSCEF: 03/28/2019 c. None. d. Defendant did not obtain an informed consent. 21. No. 22. Not applicable. sustained the which were caused, 23. The infant plaintiff following injuries, y4his-answering-defend negligence: - arrest; Respiratory - Pneumothorax on left; - Pneumomediastinum; - Bradyeardia - Tachycardia; - failure; Cardiorespiratory - arrest; Cardiopulmonary - Requirement for CPR; - for oscillator; Necessity - for admission to PICU; Necessity - lungs; Diffusely hazy - Aspiration pneumonia; - Electrolytes out of balance; FILED: KINGS COUNTY CLERK 04/10/2019 10:51 AM INDEX NO. 508009/2013 NYSCEF DOC. NO. 81 RECEIVED NYSCEF: 04/10/2019 MED: KINGS COUNTY CLERK 03/28/2019 01:38 PM) INDEX NO. 508009/2013 NŸÈiCEF ÒOG. NO. 69 RECEIVED NYSCEF: 03/28/2019 - for medication but not limited Necessity including, to, antibiotics; - for nasogastric Necessity tube; - for chest Necessity tubes; - for left-sided central venous Necessity catheter; - for endotracheal Necessity tube; - Hypotension;