Preview
FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
x
MINEL JOHNSON and ANSEL JOHNSON, Index No.:
52310t/2016
Plaintiffs,
-against-
VERIFIED BILL OF
BERNARD RIMPEL, UMESH MISHRA, JOSEPH PARTICULARS TO
DERGAN, SARINA CRANAGE, STACEY DEFENDANT DERGAN
MARTINDALE, AMER HOMSI, DAVID
SCHANER and THE BROOKLYN HOSPITAL
CENTER,
Defendants.
Plaintifß, by their attorneys, GURFEIN DOUGLAS LLP, as and for a Verified Bill of
Particulars in response to the demand of defendant JOSEPH DERGAN, allege upon information
and belief as follows:
1. The negligence and carelessness of the defendant JOSEPH DERGAN his agents,
servants andl/or employees consisted of failing to provide appropriate orders pertaining to
adminishation of Labetalol; defendant DERGAN was a team leader and was one of the physicians
who attended the code blue and failed, repeatedly, to intubate the patient and failed to give orders
for conhol of blood pressure; failed to give orders for close monitoring of the patient; and in failing
to monitor the patient's labile blood pressure; in failing to diagnose and treat a precipitous drop in
blood pressure.
In failing to monitor the patient insofar as blood pressure, pulse, oxygen saturation, pulse
oximetry and state of consciousness; in chasing the blood pressure; in prescribing a powerful blood
pressure medication without watching for precipitous blood pressure drop; in failing to monitor
the patient, who had been treated with Labetalol to observe for precipitous blood pressure drop; in
failing to observe the patient at all; in failing to discover that the patient has lost consciousness and
was unresponsive; in allowing the patient to remain unresponsive and pulseless with bradycardia
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
without observation; in delaying discovery of the patients arrest; in delaying the code blue; in
failing to promptly and properly intubate the patient; in failing to have personnel on hand who
were skilled in intubation; in failing to use a smaller ET tube; in failing to recognize that the patient
was salvageable; in failing to institute measures to salvage brain function; in failing to institute
therapy; in underestimating the patient's cognitive and physical abilities so that she did not receive
acceptance in appropriate rehab.
2. Yes, defendant failed to monitor blood pressure and failed to follow the patient after
a powerful blood pressure medication was given resulting in a failure to diagnose and treat
hypotension.
3. Given. Accepted practice required closed monitoring of the patient's blood
pressure rather than discovering the patient unconscious.
4. Defendant failed to monitor.
5. Informed consent is not the basis of plaintiff s claim although she will certainly
claim she should have been told that she would be placed in inadequate monitoring after surgery.
6. Not applicable.
7. Defendants are vicariously liable for each other in this action
8. The negligent acts and/or omissions occurred between March 24,2014 and July 29,
2014 at The Brooklyn Hospital Center, l2l DeKalb Avenue, Brooklyn NY I l20l
9. As a consequence of the negligence, carelessness and malpractice of defendant,
plaintiff MINEL JOHNSON sustained the following injuries:
Hypotension; cardio respiratory arrest; loss of systemic circulation; hypoxic anoxic
ischemia; brain damage resulting in cortical blindness (plaintiff can see light and
dark, only); loss of function of legs and trunk so that plaintiff is confined to
wheelchair and cannot rise to a sitting position without assistance. Plaintiff cannot
weight bear. However, plaintiffs speech and cognition are normal. Plaintiffls
hands are severely contracted so that she cannot feed herself. Plaintiff s right leg
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
is turned from spasticity ofhermuscles. Plaintiffrequires assistance in all functions
of living, although plaintiff has conscious control of urine and bowels and can use
a bedpan for bodily functions.
All of the aforementioned injuries, manifestations and resulting disabilities involved were
associated with: shock to the body and nervous system; iqiuries to the areas and surrounding areas
affected, including injury, tearing, derangement and damage to the associated muscle groups,
ligaments, tendons, blood vessels, blood supply, nerve tissue, epithelial tissue, all concomitant to
the specified injuries; resultant pain, deformity and disability, stiffüess, tenderness, weakness,
arthritis, and restriction and limitation of motion; pain on motion and substantial and continuing
loss of use of the above-mentioned parts; with atrophy, and great anxiety and mental anguish, all
of which have substantially prevented this plaintiff from enjoying the normal fruits of activities,
with impairment ofplaintiff s enjoyment of life hereafter. Upon information and belief, the afore-
mentioned injuries and sequelae are permanent and lasting in their nature and character with
permanent effects of disability,loss of proper use, atrophy, anxiety, mental anguish; and plaintiff
may require future treatment for injuries sustained herein.
10. Following plaintiffs discharge from The Brooklyn Hospital Center on July 29,
2014 she was confined to the Rusk Institute, 240 East 38th SL, NY NY 10016; following that she
was conftned to Queens Nassau Rehabilitation and Nursing Home, 520 Beach 19ú St., Far
Rockaway NY 11691 until December 2014.
I l. Plaintiff has been confined to bed and home from the date of the malpractice herein
and continuing.
12. Subsequent to the malpractice herein plaintiff has been treated by the following:
Homecare: Firstat
3201 rWest Commercial Boulevard
Suite I 14
Ft. Lauderdale Fla 33309;
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FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
Tarek Zakaña, M.D.
I150 N. 35ú Avenue
Suite 590
Hollywood FL 33021
Memorial Regional Hospital Center
3501 Johnson St.
Hollywood FL 33021
Dr. Kester Nedd
gg75 N.W. æ.d
Doral FL 33172
13. Plaintiff was employed by Novotel Hotel, 226West52nd Street, New York NY for
approximately l8 years, earning a salary of approximately $33,000.00/year.
Plaintiff, at the time of the malpractice herein, was employed by New York
Presb¡erian/Weill Cornell Hospital in the housekeeping deparfinent. Plaintiff was terminated
from this position as a result of her inability to return to work. Plaintiff was earning approximately
$25,000.00/years. Lifetime lost earnings is expected to be $500,000.00
14. Plaintiff is now the recipient of Medicare having exhausted her private insurance.
Estimated medical and hospital expenses will exceed $500,000.00.
Plaintiff will continue to require support services for the rest of her life at an
estimated cost in excess $2,000,000.00
15. No reimbursement is expected.
16. No reimbursement is anticipated.
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
17. Since plaintiff is currently confined to a wheelchair and requires assistance in all
life functions, future physician and nursing charges are anticipated and may reach $2,000,000.00
over her remaining life expectancy.
18. This is a medical malpractice action and Article 16 is not applicable.
19. This is a medical malpractice action and Article l6 is not applicable.
20. This is a medical malpractice action and Article 16 is not applicable.
21. Plaintiffs MINEL JOHNSON and ANSEL JOHNSON at the time of the
malpractice herein resided at 574 East 92nd St., Brooklyn NY 11236
22. Plaintiff MINEL JOHNSON: date of birth is December I l, 1959.
Plaintiff ANSEL JOHNSON: date of birth is July 22,1954;
23. Plaintifß decline to provide their social security numbers in a public filing. Social
Security information will be provided under separate cover.
Dated: New York NY
April14,2017
GURFEIN DOUGLAS LLP
Attorneys for JOHNSON
I I Park 00
New York
(2t2) 406-r
BY:
S
TO:
ELLENBERG & PARTNERS LLP
Attomey for Defendant RIMPEL
494 Eighth Avenue - 7tr'fl.
NewYorkNY 10001
(212) 62e-8s8s
BENVENUTO & SLATTERY
Attomeys for Defendants SCHANER and CRANAGE
1800 Northem Boulevard
RoslynNY 11576
(sr6) 77s-2236
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FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
DOPF, P.C.
Attorneys for Defendants DERGAITI, HOMSI,
MARTINDALE, MISHRA and THE BROOKLYI{
HOSPITAL CENTER
440 Ninth Avenue - l6û' fl.
New York NY 10001
Qt2)244-9090
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NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
ATTORNEY'S VERIFICATION
PRESTON J. DOUGLAS, affirms, per CPLR, under penalty of perjury that he isa
member of the firm of GURX'EIN DOUGLAS LLP, the attorneys for the plaintiffs in the within
action; that he has read the foregoing BILL OF PARTICULARS and knows the contents thereof;
that the same is true to his own knowledge, except as to the matters therein stated to be alleged on
information and belief, and that as to those matters he believes it to be true.
Affiant states that the reason he makes this affirmation is that the plaintiffs reside in a
county other than the one in which affiant and plaintiffs' attorneys maintain their offices; and
affiant further states that the sources of his information and belief are from conversations had with
the plaintiff and/or from the memoranda, documents, reports and other related records in the file
of this action, which file is in your affiant's possession.
Dated: New York, New York
April14,2017
LAS
7 of 8
FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016
NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017
AF'FIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
ss.
coUNTYoFNEWYORK )
REGINA COLONNA, being duly sworn, deposes and says: I am over the age of l8 years and not
a party to this action and reside in Staten Island, New York.
On April 21,2017,I served the VERIFIED BILL OX'PARTICULARS TO DEI'ENDAI\T
JOSEPH DERGAN in a sealed envelope, with postage prepaid thereon, in a post-office or official
depository of the United States Postal Service within the State ofNew York, addressed to the last
known address of the addressee(s) as listed below, and by electronic filing..
DOPF, P.C.
Attorneys for Defendants DERGAN, HOMSI,
MARTINDALE, MISHRA and THE BROOKLYN
HOSPITAL CENTER
440 Ninth Avenue - l6th fl.
New YorkNY 10001
(212)244-90e0
Electronic Filins Only On:
BENVENUTO & SLATTERY
Attorneys for Defendants SCHANER and CRANAGE
I 800 Northern Boulevard
RoslynNY 11576
(516) 77s-2236
ELLENBERG & PARTNERS LLP
Attomey for Defendant RIMPEL
494 Eighth Avenue - 7th fl.
NewYorkNY 10001
(2t2) 629-8s8s
ßor-rM
$eginaColonna
Sworn to before me on
The 2lst day of April20l7
SHAnYN COlttN
P¡Ht,cilÞ*#it
rrrorrw ëü ûq e æ¿
otary in KingsCounlY
Qualifiod
@
itmmi¡¡ion ttvir*ffiff
8 of 8
Preview
FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS x MINEL JOHNSON and ANSEL JOHNSON, Index No.: 52310t/2016 Plaintiffs, -against- VERIFIED BILL OF BERNARD RIMPEL, UMESH MISHRA, JOSEPH PARTICULARS TO DERGAN, SARINA CRANAGE, STACEY DEFENDANT DERGAN MARTINDALE, AMER HOMSI, DAVID SCHANER and THE BROOKLYN HOSPITAL CENTER, Defendants. Plaintifß, by their attorneys, GURFEIN DOUGLAS LLP, as and for a Verified Bill of Particulars in response to the demand of defendant JOSEPH DERGAN, allege upon information and belief as follows: 1. The negligence and carelessness of the defendant JOSEPH DERGAN his agents, servants andl/or employees consisted of failing to provide appropriate orders pertaining to adminishation of Labetalol; defendant DERGAN was a team leader and was one of the physicians who attended the code blue and failed, repeatedly, to intubate the patient and failed to give orders for conhol of blood pressure; failed to give orders for close monitoring of the patient; and in failing to monitor the patient's labile blood pressure; in failing to diagnose and treat a precipitous drop in blood pressure. In failing to monitor the patient insofar as blood pressure, pulse, oxygen saturation, pulse oximetry and state of consciousness; in chasing the blood pressure; in prescribing a powerful blood pressure medication without watching for precipitous blood pressure drop; in failing to monitor the patient, who had been treated with Labetalol to observe for precipitous blood pressure drop; in failing to observe the patient at all; in failing to discover that the patient has lost consciousness and was unresponsive; in allowing the patient to remain unresponsive and pulseless with bradycardia 1 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 without observation; in delaying discovery of the patients arrest; in delaying the code blue; in failing to promptly and properly intubate the patient; in failing to have personnel on hand who were skilled in intubation; in failing to use a smaller ET tube; in failing to recognize that the patient was salvageable; in failing to institute measures to salvage brain function; in failing to institute therapy; in underestimating the patient's cognitive and physical abilities so that she did not receive acceptance in appropriate rehab. 2. Yes, defendant failed to monitor blood pressure and failed to follow the patient after a powerful blood pressure medication was given resulting in a failure to diagnose and treat hypotension. 3. Given. Accepted practice required closed monitoring of the patient's blood pressure rather than discovering the patient unconscious. 4. Defendant failed to monitor. 5. Informed consent is not the basis of plaintiff s claim although she will certainly claim she should have been told that she would be placed in inadequate monitoring after surgery. 6. Not applicable. 7. Defendants are vicariously liable for each other in this action 8. The negligent acts and/or omissions occurred between March 24,2014 and July 29, 2014 at The Brooklyn Hospital Center, l2l DeKalb Avenue, Brooklyn NY I l20l 9. As a consequence of the negligence, carelessness and malpractice of defendant, plaintiff MINEL JOHNSON sustained the following injuries: Hypotension; cardio respiratory arrest; loss of systemic circulation; hypoxic anoxic ischemia; brain damage resulting in cortical blindness (plaintiff can see light and dark, only); loss of function of legs and trunk so that plaintiff is confined to wheelchair and cannot rise to a sitting position without assistance. Plaintiff cannot weight bear. However, plaintiffs speech and cognition are normal. Plaintiffls hands are severely contracted so that she cannot feed herself. Plaintiff s right leg 2 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 is turned from spasticity ofhermuscles. Plaintiffrequires assistance in all functions of living, although plaintiff has conscious control of urine and bowels and can use a bedpan for bodily functions. All of the aforementioned injuries, manifestations and resulting disabilities involved were associated with: shock to the body and nervous system; iqiuries to the areas and surrounding areas affected, including injury, tearing, derangement and damage to the associated muscle groups, ligaments, tendons, blood vessels, blood supply, nerve tissue, epithelial tissue, all concomitant to the specified injuries; resultant pain, deformity and disability, stiffüess, tenderness, weakness, arthritis, and restriction and limitation of motion; pain on motion and substantial and continuing loss of use of the above-mentioned parts; with atrophy, and great anxiety and mental anguish, all of which have substantially prevented this plaintiff from enjoying the normal fruits of activities, with impairment ofplaintiff s enjoyment of life hereafter. Upon information and belief, the afore- mentioned injuries and sequelae are permanent and lasting in their nature and character with permanent effects of disability,loss of proper use, atrophy, anxiety, mental anguish; and plaintiff may require future treatment for injuries sustained herein. 10. Following plaintiffs discharge from The Brooklyn Hospital Center on July 29, 2014 she was confined to the Rusk Institute, 240 East 38th SL, NY NY 10016; following that she was conftned to Queens Nassau Rehabilitation and Nursing Home, 520 Beach 19ú St., Far Rockaway NY 11691 until December 2014. I l. Plaintiff has been confined to bed and home from the date of the malpractice herein and continuing. 12. Subsequent to the malpractice herein plaintiff has been treated by the following: Homecare: Firstat 3201 rWest Commercial Boulevard Suite I 14 Ft. Lauderdale Fla 33309; 3 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 Tarek Zakaña, M.D. I150 N. 35ú Avenue Suite 590 Hollywood FL 33021 Memorial Regional Hospital Center 3501 Johnson St. Hollywood FL 33021 Dr. Kester Nedd gg75 N.W. æ.d Doral FL 33172 13. Plaintiff was employed by Novotel Hotel, 226West52nd Street, New York NY for approximately l8 years, earning a salary of approximately $33,000.00/year. Plaintiff, at the time of the malpractice herein, was employed by New York Presb¡erian/Weill Cornell Hospital in the housekeeping deparfinent. Plaintiff was terminated from this position as a result of her inability to return to work. Plaintiff was earning approximately $25,000.00/years. Lifetime lost earnings is expected to be $500,000.00 14. Plaintiff is now the recipient of Medicare having exhausted her private insurance. Estimated medical and hospital expenses will exceed $500,000.00. Plaintiff will continue to require support services for the rest of her life at an estimated cost in excess $2,000,000.00 15. No reimbursement is expected. 16. No reimbursement is anticipated. 4 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 17. Since plaintiff is currently confined to a wheelchair and requires assistance in all life functions, future physician and nursing charges are anticipated and may reach $2,000,000.00 over her remaining life expectancy. 18. This is a medical malpractice action and Article 16 is not applicable. 19. This is a medical malpractice action and Article l6 is not applicable. 20. This is a medical malpractice action and Article 16 is not applicable. 21. Plaintiffs MINEL JOHNSON and ANSEL JOHNSON at the time of the malpractice herein resided at 574 East 92nd St., Brooklyn NY 11236 22. Plaintiff MINEL JOHNSON: date of birth is December I l, 1959. Plaintiff ANSEL JOHNSON: date of birth is July 22,1954; 23. Plaintifß decline to provide their social security numbers in a public filing. Social Security information will be provided under separate cover. Dated: New York NY April14,2017 GURFEIN DOUGLAS LLP Attorneys for JOHNSON I I Park 00 New York (2t2) 406-r BY: S TO: ELLENBERG & PARTNERS LLP Attomey for Defendant RIMPEL 494 Eighth Avenue - 7tr'fl. NewYorkNY 10001 (212) 62e-8s8s BENVENUTO & SLATTERY Attomeys for Defendants SCHANER and CRANAGE 1800 Northem Boulevard RoslynNY 11576 (sr6) 77s-2236 5 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 DOPF, P.C. Attorneys for Defendants DERGAITI, HOMSI, MARTINDALE, MISHRA and THE BROOKLYI{ HOSPITAL CENTER 440 Ninth Avenue - l6û' fl. New York NY 10001 Qt2)244-9090 6 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 ATTORNEY'S VERIFICATION PRESTON J. DOUGLAS, affirms, per CPLR, under penalty of perjury that he isa member of the firm of GURX'EIN DOUGLAS LLP, the attorneys for the plaintiffs in the within action; that he has read the foregoing BILL OF PARTICULARS and knows the contents thereof; that the same is true to his own knowledge, except as to the matters therein stated to be alleged on information and belief, and that as to those matters he believes it to be true. Affiant states that the reason he makes this affirmation is that the plaintiffs reside in a county other than the one in which affiant and plaintiffs' attorneys maintain their offices; and affiant further states that the sources of his information and belief are from conversations had with the plaintiff and/or from the memoranda, documents, reports and other related records in the file of this action, which file is in your affiant's possession. Dated: New York, New York April14,2017 LAS 7 of 8 FILED: KINGS COUNTY CLERK 04/21/2017 11:02 AM INDEX NO. 523101/2016 NYSCEF DOC. NO. 46 RECEIVED NYSCEF: 04/21/2017 AF'FIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ss. coUNTYoFNEWYORK ) REGINA COLONNA, being duly sworn, deposes and says: I am over the age of l8 years and not a party to this action and reside in Staten Island, New York. On April 21,2017,I served the VERIFIED BILL OX'PARTICULARS TO DEI'ENDAI\T JOSEPH DERGAN in a sealed envelope, with postage prepaid thereon, in a post-office or official depository of the United States Postal Service within the State ofNew York, addressed to the last known address of the addressee(s) as listed below, and by electronic filing.. DOPF, P.C. Attorneys for Defendants DERGAN, HOMSI, MARTINDALE, MISHRA and THE BROOKLYN HOSPITAL CENTER 440 Ninth Avenue - l6th fl. New YorkNY 10001 (212)244-90e0 Electronic Filins Only On: BENVENUTO & SLATTERY Attorneys for Defendants SCHANER and CRANAGE I 800 Northern Boulevard RoslynNY 11576 (516) 77s-2236 ELLENBERG & PARTNERS LLP Attomey for Defendant RIMPEL 494 Eighth Avenue - 7th fl. NewYorkNY 10001 (2t2) 629-8s8s ßor-rM $eginaColonna Sworn to before me on The 2lst day of April20l7 SHAnYN COlttN P¡Ht,cilÞ*#it rrrorrw ëü ûq e æ¿ otary in KingsCounlY Qualifiod @ itmmi¡¡ion ttvir*ffiff 8 of 8