Preview
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
EXHIBIT A
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
TIMOTHY WOJDAN
Plaintiff, PLAINTIFF'S AMENDED
VERIFIED
vs. BILL OF PARTICULARS
ERIE COUNTY MEDICAL CENTER CORPORATION,
WILLIAM DICE, M.D., Index No. 808140/2015
ANDREW J. ECKERT, M.D.,
TATIANA V. BOYKO, M.D.,
CHARLES WILES, M.D.
Defendants.
Plaintiff TIMOTHY WOJDAN submits the following Amended Verified Bill of Particulars in
response to the demand of Defendants WILLIAM DICE, M.D.:
1. The dates and times of the day of the occurrence of the alleged ñcgligcat acts and/or
omissions which will be alleged against the answering defendant(s) herein.
RESPONSE: The date of the firstand lastacts of omissions or commissions alleged in the
complaint occurred on May 6, 2014 through August 2014.
2. The exact location of the alleged negligent acts and/or omissions charged against the
answering defendants herein.
RESPONSE: Erie County Medical Center 462 Grider Street, Buffalo, New York 14215.
3. A statement of each and every act of negligcace, commission or omission which you
will claim as the basis of the alleged malpractice of the answering defendant(s) herein.
RESPONSE: Plaintiff objects to this demand as it is evidentiary in nature, seeks expert
opinion testimony and would serve to preclude plaintiff from adducing testimony at trial not specifically
pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978]
HOG ANWIL LIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST. NEW YORK 14068
Phone: 716.636.7600 Free: 800.636.5255
[ Toll | Fax: 716.636.7606
[ www.hoganwillig.com
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d
240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection,
defendant, through his agents, servants, employees, physicians, staff, medical and/or nursing personnel,
was negligent and committed acts and/or omissions to act constituting malpractice in ways including the
following:
a. Failing to perform and/or order an MRI and other diagnostic studies;
b. Negligently relying solely on the results of a negative CT scan and x-ray;
c. Failing to properly diagnose and treat Plaintiff's spine injuries and partial paralysis;
d. Failing to seek appropriate medical specialists for Plaintiff's injuries;
e. Failing to properly evaluate Plaintiff's condition;
f. Failing to treat Plaintiff in accordance with accepted medical customs and practices;
g. Failing to properly monitor Plaintiff's condition subsequent to initial treatment;
h. Causing, permitting and allowing the medical condition of Plaintiff to deteriorate, become
aggravated and progressively worsen;
i. Failing to recognize and heed Plaintiff's objective and subjective signs, symptoms and
complaints;
j. Failing to treat Plaintiff in accordance with that degree of skill and care required under the
circumstances then and there existing;
k. Failing to give timely and/or proper surgical care;
1. Being negligent, careless and reckless in connection with the care and treatment rendered
to Plaintiff;
m. Failing to seek appropriate consultations from specialists that were medically indicated by
the Plaintiff's symptoms including but not limited to neurologic consultations;
2
HOG AN W IL LIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST. NEW YORK 14068
| Toll
Phone: 716.636.7600 I Fax: 716.636.7606
Free: 800.636.5255 | www.hoganwillig.com
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
n. Failing to carry-out medically indicated treatment in response to the symptoms presented
by the Plaintiff;
0. Failing to carry-out ordered medical treatment; and
p. Failing to carry-out medically indicated diagnostic testing;
q. Failing to timely seek medically indicated neurologic and orthopedic consult along with
other medically indicated consults;
r. Failing to properly supervise the residents providing care to the Plaintiff;
s. Failing to perform proper initial and ongoing assessment of Plaintiff and failed to ensure
that residents likewise preformed the proper initial and ongoing assessment of the patient;
t. Failed to perform a proper history and physical on the patient and failed to ensure that the
residents likewise perform a proper history and physical on the patient;
u. Failed to perform rounds or otherwise failed to maintain proper and indicated
medically
attention to the Plaintiff's condition and likewise failed to ensure the residents did same;
v. Failed to ensure that the residents ordered tests, examinations, medications and therapies
for the Plaintiff and likewise failed to order same;
x. Failed to ensure that the residents performed the appropriate procedures on the Plaintiff
and likewise failed to perform said procedures;
residents'
y. Failing to ensure that the under his supervision provided care to the Plaintiff in
accordance with the applicable standard of care;
z. The Defendant was otherwise negligent careless and deviated from the applicable standard
of care to be determined upon further discovery and trial of this action.
At this time, plaintiff is unable to respond with any more particularity but upon acquiring the
knowledge through discovery, will supplement the bill of particulars (see Lamb v. Rochester General
3
HOG AN WIL LIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE301 j AMHERST, NEW YORK 14068
| Toll
Phone: 716.636.7600 Free: 800.636.5255 | www.hoganwillig-com
| Fax: 716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
Hospital, 130 AD2d 963 [4th Dept. 1987]).
4. State the names of each and every person who performed such acts or failed to act if
the names are not known, describe the physical appearances with sufficient clarity for ready
identification, and state the occupation of each such person.
RESPONSE: The names of each person known at this time who performed the negligent
acts above are as follows:
a. William Dice, M.D.
b. Andrew J. Eckert, M.D.
c. Tatiana V. Boyko, M.D. and
d. Charles Wiles, M.D.
5. A statement of the accepted medical practices, customs and medical standards which
it isclaimed were violated and departed from by the answering defendant(s) herein.
RESPONSE: Plaintiff objects to this demand as being improper in that it failsto comply
with the provisions of CPLR § 3043(a) and/or calls for evidentiary material or information in the form of,
or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and
beyond the scope of the bill of particulars.
6. State the manner in which answering defendant(s) departed from each of the above
accepted medical practices, customs and standards.
RESPONSE: Plaintiff objects to this demand as being improper in that it failsto comply
with the provisions of CPLR § 3043(a) and/or calls for evidentiary material or information in the form of,
or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and
beyond the scope of the bill of particulars. Furthermore, this demand is repetitive and the information
sought is provided elsewhere in this response.
HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 Free: 800.636.5255
| Toll | Fax: 716.636.7606
| www.hoganwillig.com
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
7. State whether or not any claim is made as to improper or defective equipment and, if
so, identify the equipment and state the defective conditions.
RESPONSE: No claim is made as to improper or defective equipment at thistime.
8. If plaintiff will claim that the answering defendant ignored complaints, signs,
sympters, made an erraneous diagnosis, afforded improper treatment, administered improper
and/or contraindicated drugs in an incorrect dosage, failed to take or administer tests, or
improperly took and administered tests, state separately as to each defendant:
a) The complaint, signs and/or symptoms that answering defendants ignored;
b) In what respect the diagnosis was erroneous and incorrect; what the correct
diagnosis is; the point in time that the plaintiff will claim each defendant should
have made the correct diagnosis;
c) The improper treatment that was afforded and in what manner the said
treatment was improperly performed;
d) The name of each and every improper and/or contraindicated drug;
e) The name of each proper drug allegedly administered incorrectly with the dosage
that plaintiff will claim was the correct dosage;
f) The name and/or description of each and every test each defendant failed to take
or administer;
g) The name of each and every test each defendant improperly took or administered
and the manner in which each such test was improperly taken or administered.
RESPONSE: Plaintiff objects to this demand as itis evidentiary in nature, seeks expert
opinion testimony and would serve to preclude plaintiff from adducing testimony at trial not specifically
pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978]
and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d
240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, the
"3"
Plaintiff directs the Defendant to responses to demand and in addition the Defendant, through its
5
HOGANWILLIG
Attorneys at Law
2410NORTH FORESTROAD| SUITE301 | AMHERST, NEW YORK 14068
Phone:716.636.7600 Free:800.636.5255
| Toll | www.hoganwillig.com
| Fax:716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
agents, servants, employees, physicians, staff, medical and/or nursing personnel, ignored complaints,
signs, and symptoms; made an erroneous diagnosis; afforded improper treatment; failed to take or timely
administer tests and/or improperly took and administered tests; failed to order medically indicated
diagnostic studies and seek appropriate specialist consult; failed to order medically indicated treatment in
"3"
response to the symptoms presented. In addition to the responses to demand please be advised as
follows.
a. Objection, this demand seeks an expert opinion and is improper for a Bill of Particulars. Without
waiving the foregoing objection, he Plaintiff presented to ECMC on or about May 6, 2014 by
ambulance following a motor vehicle accident reporting, neck pain with associated numbness in all
extremities and partial paralysis of the lower extremities along with other associated
"3"
symptomology. Additionally, see response above.
b. Objection, this demand calls for an expert conclusion and is improper for a Bill of
"3"
Particulars. Without waiving the foregoing objection, see response above.
c. Objection, this demand seeks an expert opinion and is improper for a Bill of Particulars.
"3"
Without waiving the foregoing objection, see response above.
d. Objection, this demand seeks an expert opinion and is improper for a Bill of Particulars.
e. Plaintiff objects to this demand as being improper in that it fails to comply with the
provisions of CPLR 3043(a) and/or calls for evidentiary material or information in the
§
form of, or to be gleaned from, expert testimony and, therefore, such demand is overly
broad, improper and beyond the scope of the bill of particulars.
f. Plaintiff objects to this demand as being improper in that it fails to comply with the
provisions of CPLR 3043(a) and/or calls for evidentiary material or information in the
§
form of, or to be gleaned from, expert testimony and, therefore, such demand is overly
HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE301 | AMHERST, NEW YORK 14068
| Toll
Phone: 716.636.7600 Free: 800.636.5255 | www.hoganwillig.com
| Fax: 716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
broad, improper and beyond the scope of the billof particulars.
9. If plaintiff will claim that the answering defendant(s) improperly performed a
surgical procedure or procedures; performed a surgical procedure that was contraindicated and/or
unnecessary, state separately as to each defendant:
a) The name of the surgical procedure and the date itwas performed;
b) Set forth what surgical procedures were contraindicated and/or üññccessary;
c) In what manner the aforesaid surgical procedures were improperly performed.
RESPONSE: Plaintiff objects to this demand as itis evidentiary in nature, seeks expert
opinion testimony and would serve to preclude plaintiff from adducing testimony at trial not specifically
pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978]
and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d
240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, see
"3"
response above.
10. If plaintiff will claim that the answering defendant(s) performed, interpreted, read
and/or reported any diagnostic test, scan, radiograph, x-ray, CT Scan, MRI, or other such test,
state separately for each defendant:
a) The name, type and/or description of the specific tests;
b) The date, time and location of when the test was performed;
In what respect the diagnosis was errancous and incorrect; what the claimed
c)
correct diagnosis is; the point in time that the plaintiff will claim each defendant
should have made the correct diagnosis.
RESPONSE: Plaintiff objects to this demand as itis evidentiary in nature, seeks expert
opinion and would serve to preclude plaintiff from adducing testimony at trial not specifically
testimony
pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978]
HOG ANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068
Free: 800.636.5255
1 Toll
Phone: 716.636.7600 | www.hoganwillig.com
| Fax: 716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d
240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, see
response "3".
11. a) State the injuries that plaintiff suffered as a result of the alleged negligen:c
and/or malpractice of each defendant;
b) Set forth which injuries are claimed to be permanent, and in what respect they
are claimed to be permanent.
RESPONSE: The following injuries were sustained by Plaintiff:
a. Quadriparesis;
b. Neck pain;
c. C5-C6 fractures with central cord syndrome;
2nd-662
d. Right rib fractures;
e. Inability to ambulate;
f. Inability to move any extremities;
g. Disfigurement;
h. Loss of motion;
i. Cognitive deficits;
j. Inability to walk, speak, situp and engage in other movements;
k. Necessity of multiple surgeries;
1. Numerous instances of severe respiratory distress;
m. Necessity of numerous spinal taps to drain excess fluid;
n. Necessity of pain and other medication;
o. Necessity of prolonged hospitalization;
p. Necessity of physical, speech and occupational therapy;
8
HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068
Free: 800.636.5255
| Toll
Phone: 716.636.7600 | www.hoganwillig.com
| Fax: 716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
q. Severe pain, suffering and extreme emotional anguish;
r. Contusion, swelling and lacerations;
s. Scarring;
t. Inability to perform activities of daily living;
u. Pain and suffering;
v. Loss of enjoyment of life
w. Need for long-term/permanent 24 hour care; and
x. Other injuries.
All of the above injuries are claimed to be permanent and progressive, except for those superficial
in nature. Due to his injuries, Plaintiff was forced to undergo various diagnostic procedures, including
CT scans, additional surgical intervention, and take pain medication. Further, Plaintiff sustained loss
of enjoyment of life.The total extent of permanency is unknown at this time. Plaintiff reserves the
right to supplement this response before trial.
12. State the length of time the plaintiff was confined to each of the following:
a) Bed;
b) House;
c) Hospital.
RESPONSE: The Plaintiff has been confined and continues to be confined to bed and hospital
continually due to the severity of his injuries since May 6, 2014. The Plaintiff remains in the care of
hospitals and nursing homes and has not been able to return home. Plaintiff was hospitalized at ECMCC,
462 Grider Street, Buffalo, New York 14215 from May 6, 2014 through May 15, 2014 when he was
transferred to the acute rehabilitation care unit within ECMCC. He was transferred to Orchard Manor in
Medina, New York on or about August 28 2014 where he remained until February 8, 2015. He treated at
HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 Free: 800.636.5255
| Toll | Fax: 716.636.7606
| www.hoganwillig.com
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
United Memorial Medical Center on October 23 and 30 and again on November 6, 2014. He was
admitted to Medina Memorial Hospital from November 7 - 2014. He was admitted to Hospital
9, Mercy
of Buffalo from November 9-12, 2014. He was treated at United Memorial Medical Center on November
17 and 25, 2014. He was treated at United Memorial Medical Center again on January 2 and 3, 2015. On
February 8, 2014 he was admitted to Medina Memorial Hospital where he remained until June 22, 2015.
He was transferred from Medina Memorial Hospital to Williamsville Suburban nursing home where he
remains to this date. He was admitted to Kenmore Mercy hospital from July 27-30 and August 11-14,
2015. He was again treated at Kenmore Mercy Hospital on August 17 and November 14, 2015.
13. State separately the total amounts claimed by the plaintiff as special damages for
each of the following:
Physicians'
a) services, with the names and addresses of attending physicians;
Nurses'
b) services;
c) Medical supplies;
d) Hospital expenses with the names and addresses of all hospitals;
e) Loss of earnings;
f) Any other expenses.
RESPONSE: Plaintiff has sustained special damages. We are in the process of collecting
this information and will supplement this response as additional information is received.
14. a) State the nature of the vocation or occupation of the plaintiff;
b) Average daily, weekly or monthly earning from such vocation or occupation;
c) Name and address of employer;
Length of time incapacitated from such vocation or occupation as a result of
d)
the injuries alleged;
Amount of earnings which will be claimed to have been lost as a result of such
e)
HOG AN WIL LIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 [ AMHERST, NEW YORK 14068
Free: 800.636.5255
I Toll
Phone: 716.636.7600 | www.hoganwillig.com
I Fax: 716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
incapacitation.
RESPONSE: The Plaintiff is not seeking compensation for lost wages and as such the
foregoing demand is not applicable to this cause of action.
15. Pursuant to Section 4545 of the CPLR:
a) State whether or not plaintiff has been reimbursed for the claims of economic
loss from any collateral source;
b) If the answer to the foregoing is in the affirmative, state for which of such claims
plaintiff has been reimbursed, the amount of reimbursement received and the
name of the person, firm or organization who made such reimbursement;
c) If such reimbursement was made by an insurance company, state the nu=bar of
the policy under which paid;
d) State whether or not plaintiff has made claim for reimbursement for economic
loss to any collateral source and which has not yet been paid;
e) If the answer to the foregoing is in the affirmative, state the name of the person,
form or organization to whom such claim was presented, the date of presentation
and the amount claimed;
f) If such claim was presented to an insurance campany, state the number of the
policy under which same was made.
RESPONSE: The Plaintiff is presently unaware of any collateral source reimbursements.
The Plaintiff reserves the right to supplement this response as additional information is
received.
State the dates of birth and present residence of each plaintiff.
RESPONSE: Plaintiff's date of birth is September 20, 1953. Plaintiff resides at 31 Long
Avenue, Cheektowaga, New York 14225; however, the Plaintiff has not been able to return to his
residence due to the extent of his injuries.
16. Set forth the social security number of each plaintiff.
RESPONSE: Plaintiff objects to this demand as being improper and beyond the scope of
HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600
| Toll | Fax: 716.636.7606
Free: 800.636.5255 [ www.hoganwillig.com
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
the bill of particulars.
Dated: June 14, 2016
Amherst, New York
HOGANWILLIG PLLC
fandy C. Mallaber, Esq.
Attorneys for Plaintiff
2410 North Forest Road, Suite 301
Amherst, New York 14608
Telephone: (716) 636-7600
TO: Florina Altshiler, Esq.
Russo & Toner, LLP
Attorneys for Defendants William Dice, M D.
and Charles Wiles, M.D.
12 Fountain Plaza
Buffalo, New York 14202
(716) 800-6389
CC: John P. Danieu, Esq.
Roach, Brown, McCarthy & Gruber, P.C.
Attorneys for Defendants Erie County Medical Center
Corporation, Andrew J. Eckert, M D., and
Tatiana V. Boyko, M D.
1920 Liberty Building
424 Main Street
Buffalo, New York 14202
(716) 852-0400
HOGANWILLIG
Attorneys at Law
2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068
Phone:716.636.7600| Toll
Free:800.636.5255 | www.hoganwillig.com
| Fax:716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
VERIFICATION
STATE OF NEW YORK )
COUNTY OF ERIE ) SS:
CITY OF BUFFALO )
TIMOTHY WOJDAN, being duly sworn deposes and says: that he is the Plaintiff in the above
matter, that he has read the foregoing Verified Bill of Particulars and knows the contents thereof; that the
same is true to his knowledge except as to those matters alleged to be upon information and belief, as to
those matters, he believes them to be true.
TIMOTHY WOJDAN
Sworn to before me this
day of January, 2016
NOTARY PUBLIC
13
HOG AN WIL L IG
Attorneys at Law
2410 NORTH FOREST ROAD | SUITE 301| AMHERST, NEW YORK 14068
Phone: 716.636.7600 Free: 800.636.5255
| Toll | www.hoganwillig.com
[ Fax: 716.636.7606
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
TIMOTHY WOJDAN
Plaintiff, PLAINTIFF'S VERIFIED
BILL OF PARTICULARS
vs.
ERIE COUNTY MEDICAL CENTER CORPORATION, Index No. 808140/2015
WILLIAM DICE, M.D.,
ANDREW J. ECKERT, M.D.,
TATIANA V. BOYKO, M.D.,
CHARLES WILES, M.D.
Defendants.
Plaintiff TIMOTHY WOJDAN submits the following Verified Bill of Particulars in response to
the demand of Defendants WILLIAM DICE, M.D.:
1. The dates and times of the day of the occurrêñcc of the alleged ñêgligent acts and/or
omissions which will be alleged against the answering defendant(s) herein.
RESPONSE: The date of the first and lastacts of omissions or commissions alleged in the
complaint occurred on May 6, 2014 through August 2014.
2. The exact location of the alleged negligent acts and/or omissions charged against the
answering defendants herein.
RESPONSE: Erie County Medical Center 462 Grider Street, Buffalo, New York 14215.
3. A statcmeñt of each and every act of ñêgligcr.ce, commission or omission which you
will claim as the basis of the alleged malpractice of the answering defendant(s) herein.
RESPONSE: Plaintiff objects to this demand as it is evidentiary in nature, seeks expert
opinion testimony and would serve to preclude plaintiff from adducing testimony at trialnot specifically
pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978]
HOGAN WILLIG
Attorneys at Law
2410 NORTH FOREST ROAD ] SUITE 301 | AMHERST, NEW YORK 14068
Phone: 716.636.7600 | Toll Free: 800.636.5255 | Fax: 716.636.7606
www.hoganwillig.com
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015
NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018
and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d
240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection,
defendant, through his agents, servants, employees, physicians, staff, medical and/o
Preview
FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 EXHIBIT A FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY WOJDAN Plaintiff, PLAINTIFF'S AMENDED VERIFIED vs. BILL OF PARTICULARS ERIE COUNTY MEDICAL CENTER CORPORATION, WILLIAM DICE, M.D., Index No. 808140/2015 ANDREW J. ECKERT, M.D., TATIANA V. BOYKO, M.D., CHARLES WILES, M.D. Defendants. Plaintiff TIMOTHY WOJDAN submits the following Amended Verified Bill of Particulars in response to the demand of Defendants WILLIAM DICE, M.D.: 1. The dates and times of the day of the occurrence of the alleged ñcgligcat acts and/or omissions which will be alleged against the answering defendant(s) herein. RESPONSE: The date of the firstand lastacts of omissions or commissions alleged in the complaint occurred on May 6, 2014 through August 2014. 2. The exact location of the alleged negligent acts and/or omissions charged against the answering defendants herein. RESPONSE: Erie County Medical Center 462 Grider Street, Buffalo, New York 14215. 3. A statement of each and every act of negligcace, commission or omission which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein. RESPONSE: Plaintiff objects to this demand as it is evidentiary in nature, seeks expert opinion testimony and would serve to preclude plaintiff from adducing testimony at trial not specifically pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978] HOG ANWIL LIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST. NEW YORK 14068 Phone: 716.636.7600 Free: 800.636.5255 [ Toll | Fax: 716.636.7606 [ www.hoganwillig.com FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d 240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, defendant, through his agents, servants, employees, physicians, staff, medical and/or nursing personnel, was negligent and committed acts and/or omissions to act constituting malpractice in ways including the following: a. Failing to perform and/or order an MRI and other diagnostic studies; b. Negligently relying solely on the results of a negative CT scan and x-ray; c. Failing to properly diagnose and treat Plaintiff's spine injuries and partial paralysis; d. Failing to seek appropriate medical specialists for Plaintiff's injuries; e. Failing to properly evaluate Plaintiff's condition; f. Failing to treat Plaintiff in accordance with accepted medical customs and practices; g. Failing to properly monitor Plaintiff's condition subsequent to initial treatment; h. Causing, permitting and allowing the medical condition of Plaintiff to deteriorate, become aggravated and progressively worsen; i. Failing to recognize and heed Plaintiff's objective and subjective signs, symptoms and complaints; j. Failing to treat Plaintiff in accordance with that degree of skill and care required under the circumstances then and there existing; k. Failing to give timely and/or proper surgical care; 1. Being negligent, careless and reckless in connection with the care and treatment rendered to Plaintiff; m. Failing to seek appropriate consultations from specialists that were medically indicated by the Plaintiff's symptoms including but not limited to neurologic consultations; 2 HOG AN W IL LIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST. NEW YORK 14068 | Toll Phone: 716.636.7600 I Fax: 716.636.7606 Free: 800.636.5255 | www.hoganwillig.com FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 n. Failing to carry-out medically indicated treatment in response to the symptoms presented by the Plaintiff; 0. Failing to carry-out ordered medical treatment; and p. Failing to carry-out medically indicated diagnostic testing; q. Failing to timely seek medically indicated neurologic and orthopedic consult along with other medically indicated consults; r. Failing to properly supervise the residents providing care to the Plaintiff; s. Failing to perform proper initial and ongoing assessment of Plaintiff and failed to ensure that residents likewise preformed the proper initial and ongoing assessment of the patient; t. Failed to perform a proper history and physical on the patient and failed to ensure that the residents likewise perform a proper history and physical on the patient; u. Failed to perform rounds or otherwise failed to maintain proper and indicated medically attention to the Plaintiff's condition and likewise failed to ensure the residents did same; v. Failed to ensure that the residents ordered tests, examinations, medications and therapies for the Plaintiff and likewise failed to order same; x. Failed to ensure that the residents performed the appropriate procedures on the Plaintiff and likewise failed to perform said procedures; residents' y. Failing to ensure that the under his supervision provided care to the Plaintiff in accordance with the applicable standard of care; z. The Defendant was otherwise negligent careless and deviated from the applicable standard of care to be determined upon further discovery and trial of this action. At this time, plaintiff is unable to respond with any more particularity but upon acquiring the knowledge through discovery, will supplement the bill of particulars (see Lamb v. Rochester General 3 HOG AN WIL LIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE301 j AMHERST, NEW YORK 14068 | Toll Phone: 716.636.7600 Free: 800.636.5255 | www.hoganwillig-com | Fax: 716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 Hospital, 130 AD2d 963 [4th Dept. 1987]). 4. State the names of each and every person who performed such acts or failed to act if the names are not known, describe the physical appearances with sufficient clarity for ready identification, and state the occupation of each such person. RESPONSE: The names of each person known at this time who performed the negligent acts above are as follows: a. William Dice, M.D. b. Andrew J. Eckert, M.D. c. Tatiana V. Boyko, M.D. and d. Charles Wiles, M.D. 5. A statement of the accepted medical practices, customs and medical standards which it isclaimed were violated and departed from by the answering defendant(s) herein. RESPONSE: Plaintiff objects to this demand as being improper in that it failsto comply with the provisions of CPLR § 3043(a) and/or calls for evidentiary material or information in the form of, or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and beyond the scope of the bill of particulars. 6. State the manner in which answering defendant(s) departed from each of the above accepted medical practices, customs and standards. RESPONSE: Plaintiff objects to this demand as being improper in that it failsto comply with the provisions of CPLR § 3043(a) and/or calls for evidentiary material or information in the form of, or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and beyond the scope of the bill of particulars. Furthermore, this demand is repetitive and the information sought is provided elsewhere in this response. HOGANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068 Phone: 716.636.7600 Free: 800.636.5255 | Toll | Fax: 716.636.7606 | www.hoganwillig.com FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 7. State whether or not any claim is made as to improper or defective equipment and, if so, identify the equipment and state the defective conditions. RESPONSE: No claim is made as to improper or defective equipment at thistime. 8. If plaintiff will claim that the answering defendant ignored complaints, signs, sympters, made an erraneous diagnosis, afforded improper treatment, administered improper and/or contraindicated drugs in an incorrect dosage, failed to take or administer tests, or improperly took and administered tests, state separately as to each defendant: a) The complaint, signs and/or symptoms that answering defendants ignored; b) In what respect the diagnosis was erroneous and incorrect; what the correct diagnosis is; the point in time that the plaintiff will claim each defendant should have made the correct diagnosis; c) The improper treatment that was afforded and in what manner the said treatment was improperly performed; d) The name of each and every improper and/or contraindicated drug; e) The name of each proper drug allegedly administered incorrectly with the dosage that plaintiff will claim was the correct dosage; f) The name and/or description of each and every test each defendant failed to take or administer; g) The name of each and every test each defendant improperly took or administered and the manner in which each such test was improperly taken or administered. RESPONSE: Plaintiff objects to this demand as itis evidentiary in nature, seeks expert opinion testimony and would serve to preclude plaintiff from adducing testimony at trial not specifically pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978] and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d 240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, the "3" Plaintiff directs the Defendant to responses to demand and in addition the Defendant, through its 5 HOGANWILLIG Attorneys at Law 2410NORTH FORESTROAD| SUITE301 | AMHERST, NEW YORK 14068 Phone:716.636.7600 Free:800.636.5255 | Toll | www.hoganwillig.com | Fax:716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 agents, servants, employees, physicians, staff, medical and/or nursing personnel, ignored complaints, signs, and symptoms; made an erroneous diagnosis; afforded improper treatment; failed to take or timely administer tests and/or improperly took and administered tests; failed to order medically indicated diagnostic studies and seek appropriate specialist consult; failed to order medically indicated treatment in "3" response to the symptoms presented. In addition to the responses to demand please be advised as follows. a. Objection, this demand seeks an expert opinion and is improper for a Bill of Particulars. Without waiving the foregoing objection, he Plaintiff presented to ECMC on or about May 6, 2014 by ambulance following a motor vehicle accident reporting, neck pain with associated numbness in all extremities and partial paralysis of the lower extremities along with other associated "3" symptomology. Additionally, see response above. b. Objection, this demand calls for an expert conclusion and is improper for a Bill of "3" Particulars. Without waiving the foregoing objection, see response above. c. Objection, this demand seeks an expert opinion and is improper for a Bill of Particulars. "3" Without waiving the foregoing objection, see response above. d. Objection, this demand seeks an expert opinion and is improper for a Bill of Particulars. e. Plaintiff objects to this demand as being improper in that it fails to comply with the provisions of CPLR 3043(a) and/or calls for evidentiary material or information in the § form of, or to be gleaned from, expert testimony and, therefore, such demand is overly broad, improper and beyond the scope of the bill of particulars. f. Plaintiff objects to this demand as being improper in that it fails to comply with the provisions of CPLR 3043(a) and/or calls for evidentiary material or information in the § form of, or to be gleaned from, expert testimony and, therefore, such demand is overly HOGANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE301 | AMHERST, NEW YORK 14068 | Toll Phone: 716.636.7600 Free: 800.636.5255 | www.hoganwillig.com | Fax: 716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 broad, improper and beyond the scope of the billof particulars. 9. If plaintiff will claim that the answering defendant(s) improperly performed a surgical procedure or procedures; performed a surgical procedure that was contraindicated and/or unnecessary, state separately as to each defendant: a) The name of the surgical procedure and the date itwas performed; b) Set forth what surgical procedures were contraindicated and/or üññccessary; c) In what manner the aforesaid surgical procedures were improperly performed. RESPONSE: Plaintiff objects to this demand as itis evidentiary in nature, seeks expert opinion testimony and would serve to preclude plaintiff from adducing testimony at trial not specifically pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978] and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d 240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, see "3" response above. 10. If plaintiff will claim that the answering defendant(s) performed, interpreted, read and/or reported any diagnostic test, scan, radiograph, x-ray, CT Scan, MRI, or other such test, state separately for each defendant: a) The name, type and/or description of the specific tests; b) The date, time and location of when the test was performed; In what respect the diagnosis was errancous and incorrect; what the claimed c) correct diagnosis is; the point in time that the plaintiff will claim each defendant should have made the correct diagnosis. RESPONSE: Plaintiff objects to this demand as itis evidentiary in nature, seeks expert opinion and would serve to preclude plaintiff from adducing testimony at trial not specifically testimony pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978] HOG ANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068 Free: 800.636.5255 1 Toll Phone: 716.636.7600 | www.hoganwillig.com | Fax: 716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d 240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, see response "3". 11. a) State the injuries that plaintiff suffered as a result of the alleged negligen:c and/or malpractice of each defendant; b) Set forth which injuries are claimed to be permanent, and in what respect they are claimed to be permanent. RESPONSE: The following injuries were sustained by Plaintiff: a. Quadriparesis; b. Neck pain; c. C5-C6 fractures with central cord syndrome; 2nd-662 d. Right rib fractures; e. Inability to ambulate; f. Inability to move any extremities; g. Disfigurement; h. Loss of motion; i. Cognitive deficits; j. Inability to walk, speak, situp and engage in other movements; k. Necessity of multiple surgeries; 1. Numerous instances of severe respiratory distress; m. Necessity of numerous spinal taps to drain excess fluid; n. Necessity of pain and other medication; o. Necessity of prolonged hospitalization; p. Necessity of physical, speech and occupational therapy; 8 HOGANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068 Free: 800.636.5255 | Toll Phone: 716.636.7600 | www.hoganwillig.com | Fax: 716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 q. Severe pain, suffering and extreme emotional anguish; r. Contusion, swelling and lacerations; s. Scarring; t. Inability to perform activities of daily living; u. Pain and suffering; v. Loss of enjoyment of life w. Need for long-term/permanent 24 hour care; and x. Other injuries. All of the above injuries are claimed to be permanent and progressive, except for those superficial in nature. Due to his injuries, Plaintiff was forced to undergo various diagnostic procedures, including CT scans, additional surgical intervention, and take pain medication. Further, Plaintiff sustained loss of enjoyment of life.The total extent of permanency is unknown at this time. Plaintiff reserves the right to supplement this response before trial. 12. State the length of time the plaintiff was confined to each of the following: a) Bed; b) House; c) Hospital. RESPONSE: The Plaintiff has been confined and continues to be confined to bed and hospital continually due to the severity of his injuries since May 6, 2014. The Plaintiff remains in the care of hospitals and nursing homes and has not been able to return home. Plaintiff was hospitalized at ECMCC, 462 Grider Street, Buffalo, New York 14215 from May 6, 2014 through May 15, 2014 when he was transferred to the acute rehabilitation care unit within ECMCC. He was transferred to Orchard Manor in Medina, New York on or about August 28 2014 where he remained until February 8, 2015. He treated at HOGANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE301 | AMHERST, NEW YORK 14068 Phone: 716.636.7600 Free: 800.636.5255 | Toll | Fax: 716.636.7606 | www.hoganwillig.com FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 United Memorial Medical Center on October 23 and 30 and again on November 6, 2014. He was admitted to Medina Memorial Hospital from November 7 - 2014. He was admitted to Hospital 9, Mercy of Buffalo from November 9-12, 2014. He was treated at United Memorial Medical Center on November 17 and 25, 2014. He was treated at United Memorial Medical Center again on January 2 and 3, 2015. On February 8, 2014 he was admitted to Medina Memorial Hospital where he remained until June 22, 2015. He was transferred from Medina Memorial Hospital to Williamsville Suburban nursing home where he remains to this date. He was admitted to Kenmore Mercy hospital from July 27-30 and August 11-14, 2015. He was again treated at Kenmore Mercy Hospital on August 17 and November 14, 2015. 13. State separately the total amounts claimed by the plaintiff as special damages for each of the following: Physicians' a) services, with the names and addresses of attending physicians; Nurses' b) services; c) Medical supplies; d) Hospital expenses with the names and addresses of all hospitals; e) Loss of earnings; f) Any other expenses. RESPONSE: Plaintiff has sustained special damages. We are in the process of collecting this information and will supplement this response as additional information is received. 14. a) State the nature of the vocation or occupation of the plaintiff; b) Average daily, weekly or monthly earning from such vocation or occupation; c) Name and address of employer; Length of time incapacitated from such vocation or occupation as a result of d) the injuries alleged; Amount of earnings which will be claimed to have been lost as a result of such e) HOG AN WIL LIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 [ AMHERST, NEW YORK 14068 Free: 800.636.5255 I Toll Phone: 716.636.7600 | www.hoganwillig.com I Fax: 716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 incapacitation. RESPONSE: The Plaintiff is not seeking compensation for lost wages and as such the foregoing demand is not applicable to this cause of action. 15. Pursuant to Section 4545 of the CPLR: a) State whether or not plaintiff has been reimbursed for the claims of economic loss from any collateral source; b) If the answer to the foregoing is in the affirmative, state for which of such claims plaintiff has been reimbursed, the amount of reimbursement received and the name of the person, firm or organization who made such reimbursement; c) If such reimbursement was made by an insurance company, state the nu=bar of the policy under which paid; d) State whether or not plaintiff has made claim for reimbursement for economic loss to any collateral source and which has not yet been paid; e) If the answer to the foregoing is in the affirmative, state the name of the person, form or organization to whom such claim was presented, the date of presentation and the amount claimed; f) If such claim was presented to an insurance campany, state the number of the policy under which same was made. RESPONSE: The Plaintiff is presently unaware of any collateral source reimbursements. The Plaintiff reserves the right to supplement this response as additional information is received. State the dates of birth and present residence of each plaintiff. RESPONSE: Plaintiff's date of birth is September 20, 1953. Plaintiff resides at 31 Long Avenue, Cheektowaga, New York 14225; however, the Plaintiff has not been able to return to his residence due to the extent of his injuries. 16. Set forth the social security number of each plaintiff. RESPONSE: Plaintiff objects to this demand as being improper and beyond the scope of HOGANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068 Phone: 716.636.7600 | Toll | Fax: 716.636.7606 Free: 800.636.5255 [ www.hoganwillig.com FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 the bill of particulars. Dated: June 14, 2016 Amherst, New York HOGANWILLIG PLLC fandy C. Mallaber, Esq. Attorneys for Plaintiff 2410 North Forest Road, Suite 301 Amherst, New York 14608 Telephone: (716) 636-7600 TO: Florina Altshiler, Esq. Russo & Toner, LLP Attorneys for Defendants William Dice, M D. and Charles Wiles, M.D. 12 Fountain Plaza Buffalo, New York 14202 (716) 800-6389 CC: John P. Danieu, Esq. Roach, Brown, McCarthy & Gruber, P.C. Attorneys for Defendants Erie County Medical Center Corporation, Andrew J. Eckert, M D., and Tatiana V. Boyko, M D. 1920 Liberty Building 424 Main Street Buffalo, New York 14202 (716) 852-0400 HOGANWILLIG Attorneys at Law 2410 NORTH FOREST ROAD| SUITE 301 | AMHERST, NEW YORK 14068 Phone:716.636.7600| Toll Free:800.636.5255 | www.hoganwillig.com | Fax:716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 VERIFICATION STATE OF NEW YORK ) COUNTY OF ERIE ) SS: CITY OF BUFFALO ) TIMOTHY WOJDAN, being duly sworn deposes and says: that he is the Plaintiff in the above matter, that he has read the foregoing Verified Bill of Particulars and knows the contents thereof; that the same is true to his knowledge except as to those matters alleged to be upon information and belief, as to those matters, he believes them to be true. TIMOTHY WOJDAN Sworn to before me this day of January, 2016 NOTARY PUBLIC 13 HOG AN WIL L IG Attorneys at Law 2410 NORTH FOREST ROAD | SUITE 301| AMHERST, NEW YORK 14068 Phone: 716.636.7600 Free: 800.636.5255 | Toll | www.hoganwillig.com [ Fax: 716.636.7606 FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY WOJDAN Plaintiff, PLAINTIFF'S VERIFIED BILL OF PARTICULARS vs. ERIE COUNTY MEDICAL CENTER CORPORATION, Index No. 808140/2015 WILLIAM DICE, M.D., ANDREW J. ECKERT, M.D., TATIANA V. BOYKO, M.D., CHARLES WILES, M.D. Defendants. Plaintiff TIMOTHY WOJDAN submits the following Verified Bill of Particulars in response to the demand of Defendants WILLIAM DICE, M.D.: 1. The dates and times of the day of the occurrêñcc of the alleged ñêgligent acts and/or omissions which will be alleged against the answering defendant(s) herein. RESPONSE: The date of the first and lastacts of omissions or commissions alleged in the complaint occurred on May 6, 2014 through August 2014. 2. The exact location of the alleged negligent acts and/or omissions charged against the answering defendants herein. RESPONSE: Erie County Medical Center 462 Grider Street, Buffalo, New York 14215. 3. A statcmeñt of each and every act of ñêgligcr.ce, commission or omission which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein. RESPONSE: Plaintiff objects to this demand as it is evidentiary in nature, seeks expert opinion testimony and would serve to preclude plaintiff from adducing testimony at trialnot specifically pleaded (see Patterson v. Jewish Hospital & Medical Center, 94 Misc. 2d 680 [Kings Co. Sup. Ct. 1978] HOGAN WILLIG Attorneys at Law 2410 NORTH FOREST ROAD ] SUITE 301 | AMHERST, NEW YORK 14068 Phone: 716.636.7600 | Toll Free: 800.636.5255 | Fax: 716.636.7606 www.hoganwillig.com FILED: ERIE COUNTY CLERK 11/30/2018 05:00 PM INDEX NO. 808140/2015 NYSCEF DOC. NO. 82 RECEIVED NYSCEF: 11/30/2018 and cited with approval by the Appellate Division, Fourth Department, in Nuss v. Pettibone, 492 NYS2d 240 and McKenzie v. St. Elizabeth's Hospital, 440 NYS2d 109). Without waiver of this objection, defendant, through his agents, servants, employees, physicians, staff, medical and/o