Legal Document: Courtney Dennis as Proposed Administrator of the Estate of FINLEY LYNCH Deceased, Courtney Dennis Individually, Patrick Lynch Individually v. University Of Rochester

On January 19, 2021 a BILL OF PARTICULARS was filed involving a dispute between Courtney Dennis As Proposed Administrator Of The Estate Of Finley Lynch Deceased, Courtney Dennis Individually, Patrick Lynch Individually, and University Of Rochester, for Torts - Medical, Dental, or Podiatrist Malpractice in the District Court of Monroe County.

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FILED: MONROE COUNTY CLERK 05/18/2021 12:41 PM INDEX NO. E2021000474
NYSCEF DOC. NO. 18 RECEIVED NYSCEF: 06/03/2021
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.

Receipt # 2721558

Book Page CIVIL

Return To: No. Pages: 24
JAMES P. FITZGERALD
538 Riverdale Avenue Instrument: MISCELLANEOUS DOCUMENT
Yonkers, NY 10705
Control #: 202105180748
Index #: E2021000474

Date: 05/18/2021

DENNIS, COURTNEY Time: 12:42:23 PM
DENNIS, COURTNEY
LYNCH, PATRICK

UNIVERSITY OF ROCHESTER

Total Fees Paid: $0.00

Employee:

State of New York

MONROE COUNTY CLERK’S OFFICE
WARNING – THIS SHEET CONSTITUTES THE CLERKS
ENDORSEMENT, REQUIRED BY SECTION 317-a(5) &
SECTION 319 OF THE REAL PROPERTY LAW OF THE
STATE OF NEW YORK. DO NOT DETACH OR REMOVE.

JAMIE ROMEO

MONROE COUNTY CLERK

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF MONROE
------------------------------- ----------- X Index No.:
E2021000474
COURTNEY DENNIS as Administrator of the Estate of
FINLEY LYNCH Deceased, COURTNEY DENNIS
Individually and PATRICK LYNCH Individually,
Plaintiff(s), VE1UFIED BILL OF
-v- PARTICULARS

UNIVERSITY OF ROCBESTER,
Defendant(s).
----------------- ------------------------X

Plaintiff(s), by and through the undersigned attorneys, as and for the Verified Bill

of Particulars in response to the demand of defendant UNIVERSITY OF ROCHESTER,

hereinafter "Defendant", set forth as follows, upon information and belief:

DEMAND No. 1: The manner and respect in which itis claimed the defendant,
UNIVERSITY OF ROCBESTER, was negligent, careless, and unskillful.

RESPONSE No. 1: Plaintiff objects to this question as being overly broad and beyond

the scope of the Bill of Particulars. It callsfor expert opinions and evidentiary materials.

See Patterson v. Jewish Hospital & Medical Center, 94 Misc.2d 680, 405 N.Y.S.2d 194

(2nd
(Sup. Ct., Kings Co.), aff'd 65 A.D.2d 553, 409 N.Y.S.2d 124 Dept, 1978); Heyward

(3rd
v. Ellenville Community Hoso., 215 A.D.2d 967. 627 N.Y.S.2d 167 Dept, 1995); and

(4th
McKenzie v. St. Elizabeth Hosp., 81 A.D.2d 1003. 440 N.Y.S.2d 109

Furthermore, itis repetitious to the extent that this demand has been addressed elsewhere

in the demands and response to the Bill of Particulars. Notwithstanding Plaintiff s

objection noted above, Plaintiff repeats and realleges all allegations of negligence set

forth in this Bill of Particulars, and more specifically, Defendant violated those accepted

medical practices, customs, and medical standards in the manner specified in Response

No. 39..

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DEMAND No. 2: Whether the alleged malpractice of the defendant, UNIVERSITY
OF ROCHESTER, occurred in the course of any emergency treatment.
a. If so, please state the date and particular nature of the emergency treatment.

RESPONSE No. 2: Infant-decedent's medical condition resulted in an emergency and

itwas not timely and properly recognized and treated due to Defendant's negligence.

DEMAND No. 3: Whether the alleged malpractice of the defendant, UNIVERSITY
OF ROCHESTER, occurred in the course of any surgical procedure.

a. If so, please state the date and particular nature of the surgical procedure.

RESPONSE No. 3: Plaintiff objects to this question as being overly broad and beyond

the scope of the Bill of Particulars. It calls for expert opinions and evidentiary materials.

Furthermore, the surgeries performed on infant-decedent Finley Lynch, and what

occurred during the course of any surgeries, are better known by Def. Notwithstanding

Plaintiff's objection noted above, Plaintiff repeats and realleges all allegations of

negligence set forth in this Bill of Particulars.

DEMAND No. 4: If itwill be claimed that any of the acts or omissions particularized

in items 1, 2, and 3 above were performed by another for whose acts or omissions

defendant, UNIVERSITY OF ROCHESTER, had legal responsibility for, please

particularize each such act or omission, the name of the person who performed it,and

that person's legal relationship to defendant, UNIVERSITY OF ROCHESTER.

RESPONSE No. 4: At allrelevant times, while a patient of Defendant's, those persons

who provided medical care to Infant Plaintiff and Infant Plaintiff's mother were agents,

servants, and/or employees, actual and/or ostensible, of Defendant; and held themselves

out to be agents, servants, and/or employees, actual and/or ostensible, of Defendant; and

as such, should be estopped from denying such agency exists. The exact names of such

individuals responsive to this demand are within the possession of Defendant and are

reflected in the medical records of Infant Plaintiff and Infant Plaintiff's mother. .

DEMAND No. 5: Ifitis claimed that any equipment or other medical instruments
were defective or otherwise a statement the equipment or
improper, specifying

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instrume-~t~, the manufacturer, in what respects they were defective or improper and the

person(s) who used, owned and controlled the equipment or instruments at the time of the
plaintiffs treatment.

RESPOMK No. 5: Plaintiff objects to this question as being overly broad and beyond

the scope of Bill of Particulars. It callsfor expert opinions and evidentiary materials.

Furthermore, itis repetitious to the extent that this demand has been addressed elsewhere

in the deruands and responses to the Bill of Particulars. Further, the use of improper or

defective equipment made by Defendant is better known to Defendant. Even ~er,

Defendant also knows whether the equipment used was defective and/or negligently used.

Notwithstanding Plaintiff's objections noted above, Plaintiff repeats and realleges all

allegations of negligence set forth in thisBill of Particulars.

DEMAND No. 6: A statement specifying:
a. The dates of first and last services rendered by defendant, University of
plaintiA'
Rochester, to COURTNEY DENNIS,
b, The date of each act of negligence claimed to have been committed by defendant,
its'
University of Rochester, iu care and treatment of plaintiff COURTNEY
DENNIS.
c. The place or places where the services were rendered by defendant, University of

Rochester, to plaintifF COURTNEY DENNIS

RKSPOXSK 1Vo. 6: Defendant undertook to attend and provide medical care for

COURTNEY DENNIS in relation to the subject pregnancy beginning on or around

11/3/18 continuing through the delivery of Infant-decedent on 11/19/18 until her

discharge on or around 11/23/18. The times of such acts are better known to Defendant

and are reflected in the medical records maintained by Defendant if such times were

noted. Defendant provided the medical care at the facilities owned and operated by

Defendant UNIVERSITY OF ROCHESTER. Defendant's malpractice and negligence

occurred throughout the facilities including, but not lirruted to, the patient rooms,

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examination rooms, labor and delivery rooms, nurseries, discharge areas, emergency

department, and neonatal intensive care unit.

DEMAND No. 7: A statement specifying:

(a) The dates of first and last services rendered by defendant, UN1VERSITY
OF ROCHESTER, to infant-decedent Finley Lynch.

(b) The date of each act of negligence claimed to have been committed by
its'
defendant, UNIVERSITY OF ROCBESTER, in care and treatment of

infant-decedent Finley Lynch.

(c) The place or places where the services were rendered by defendant,
UNIVERSITY OF ROCHESTER, to infant-decedent Finley Lynch.

RESPONSE No. 7: Defendant by and through agents, servants, and employees, actual

and/or ostensible, departed from standards of good and accepted medical practice and

was negligent, actually and proximately causing injury and damages to Plaintiff(s), in the

medical care rendered to Infant Plaintiff's mother and Infant Plaintiff at the time

Defendant undertook to attend and provide medical care for infant-decedent Finley

Lynch beginning with her birth on 11/19/18 until her death on 1/16/19. Infant-decedent

Finley Lynch never leftStrong Memorial Hospital. The times of such acts are better

known to Defendant and are reflected in the medical records maintained by Defendant if

such times were noted. Defendant provided the medical care at the facilities owned and

operated by Defendant UNIVERSITY OF ROCHESTER. Defendant's malpractice and

negligence occurred throughout the facilities including, but not limited to,the patient

rooms, examination rooms, labor and delivery rooms, nurseries, discharge areas,

emergency department, and neonatal intensive care unit.

DEMAND No. 8: The resident address of the plaintiff Courtney Dennis at the time

this action was commenced.

RESPONSE No. 8: The resident address of plaintiff COURTNEY DENNIS at the time

this action was commenced was 123 Moorland Rd., Rochester, NY 14612.

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DEMAND No. 9: The resident address of the plaintiff PATRICK LYNCH at the time
this action was commenced.

RESPONSE No. 9: The resident address of plaintiff Patrick Lynch at the time this

action was commenced was 123 Moorland Rd., Rochester, NY 14612..

DEMAND No. 10: The date of birth of plaintiff COURTNEY DENNIS.

RESPONSE No. 10: Objection: dates of birth are Confidential Personal Information

protected by 22 N.Y.C.R.R. § 202.5(e). Notwithe=Æug said objection, the year of birth

is 1981.

DEMAND No. 11: The date of birth of plaintiff PATRICK LYNCH.

RESPONSE No. 11: Objection: dates of birth are Confidential Personal Information

protected by 22 N.Y.C.R.R. § 202.5(e). Notwithstanding said objection, the year of birth

is 1980.

DEMAND No. 12: The Social Security number of plaintiff COURTNEY DENNIS.

RESPONSE No. 12: Objection: Social Security numbers are Confidential Personal

Information protected by N.Y.C.R.R. § 202.5(e) and General Business Law § 399-ddd.

DEMAND No. 13: The Social Security number of plaintiff PATRICK LYNCH.

RESPONSE No. 13: Objection: Social Security numbers are Confidential Personal

Information protected by N.Y.C.R.R. § 202.5(e) and General Business Law § 399-ddd.

DEMAND No. 14: The Social Security number of infant-decedent Finley Lynch.

RESPONSE No. 14: Objection: Social Security numbers are Confidential Personal

Information protected by N.Y.C.R.R. § 202.5(e) and General Business Law § 399-ddd.

DEMAND No. 15: Each and every particular injury or condition from which plaintiff
COURTNEY DENNIS claims that he/she was suffering each time he/she sought
treatment from defendant, UNIVERSITY OF ROCHESTER.

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RESPONSE No. 15: Plaintiff Courtney Dennis was treated for pregnancy, labor and

delivery.

DEMAND No. 16: Each and every particular injury or condition from which plaintiff
claim that infant-decedent Finley Lynch was suffering from each infant-decedent
received treatment from defendant, UNIVERSITY OF ROCHESTER.

RESPONSE No. 16: Plaintiff objects to this question as being overly broad, unduly

burdensome, and beyond the scope of Bill of Particulars. It calls for expert opinions and

evidentiary materials. The condition(s) from which infant-decedent was suffering and for

which she received treatment are better known by defendants are contained within the

medical records maintained by the Defendants if such conditions and treatments were

noted by Defendants. Notwithstanding PlaintifPs objection above, Infant-decedent

Finley Lynch was born at Defendant's hospital and was hospitalized at Strong Memorial

Hospital for prematurity.

DEMAND No. 17: If itis claimed the defendant, UNIVERSITY OF ROCHESTER,
failed to perform professional duties in accordance with any manual, rule, regulation,
statute, law or ordinance, a statement specifying the manual(s), rule(s), regulations(s),
statute(s), law(s) or ordinance(s) claimed to have been violated with specific citation to

title,volume and page number.

RESPONSE No. 17: Plaintiff objects to this question as being overly broad, unduly

burdensome, and beyond the scope of Bill of Particulars. It callsfor expert opinions and

evidentiary materials. Notwithstanding said objection, Defendant violated Title 10,

Department of Health, of the New York Codes, Rules and Regulations; The Emergency

Medical Treatment and Labor Act, Consolidated Omnibus Budget Reconciliation Act of

1985, at 42 U.S.C. § 1395dd; 42 C.F.R. §§ 489.24 at seq., 413.65 et seq., and 489.20 et

seq.; and the rules and regulations of Defendant Hospital, which are better known to

Defendant.

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DEMAND No. 18: A statement specifying:
a. The nature, location, and extent of each injury to plaintiff COURTNEY DENNIS
which itwill be claimed was caused by the negligence of defendant,
UNIVERYSITY OF ROCHESTER;
b. If any injuries are claimed to be permanent; and
c. How will itbe claimed each of said injuries was caused by the alleged negligence
of defendant, UNIVERSITY OF ROCHESTER.

RESPONSE No. 18: Plaintiff COURTNEY DENNIS is not alleging any personal

physical injuries.

DEMAND No. 19: A statement specifying:
a. The nature, location, and extent of each injury to infant-decedent Finley Lynch
which itwill be claimed was caused by the negligence of defendant,
UNIVERSITY OF ROCHESTER;
b. If any injuries are claimed to be permanent; and
c. How will itbe claimed each of said injuries was caused by the alleged negligence
of defendant, UNIVERSITY OF ROCHESTER.

RESPONSE No. 19: Defendant's negligence and departures from standards of good and

accepted medical practice and negligence as alleged herein were each and all an actual

and proximate cause of the following pennanent injuries to Decedent: wrongful death,

conscious pain and suffering, and loss of enjoyment of life.

DEMAND No. 20: The name and address of every physician who rendered treatment

to plaintiff COURTNEY DENNIS for the injuries alleged in the complaint, providing the

dates of all such treatment.

RESPONSE No. 20: , The names and addresses of health providers that treated

Courtney Dennis at Strong Memorial Hospital are contained within medical records

maintained by Defendant and authorizations have been provided. The dates of treatment

are contained in their records and authorizations have been provided.

DEMAND No. 21: The name and address of every physician who rendered treatment
to infant-decedent Finley Lynch for the injuries alleged in the complaint, providing the

dates of all such treatment.

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RESPONSE No. 21: Infant-decedent Finley Lynch was treated in the Neonatal Intensive

Care Unit of Strong Memorial Hospital from the date of her birth until the date of her

death. Infant-decedent never leftDefendant's hospital. The names and add esses of every

physician who rendered treatment and the dates of all such treatment are contained within

the medical records maintained by Defendant and authorizations have been provided.

DEMAND No. 22: If itwill be claimed that the aforesaid injuries necessitated any
hospitalization for plaintiff COURTNEY DENNIS, a statement specifying the name of

each hospital, with dates of conhment or out-patient treatment.

RESPONSE No. 22: Plaintiff Courtney Dennis was hospitalized at Strong Memorial

Hospital for her pregnancy from approximately 11/3/2018 until approximately 11/23/18.

The details requested herein are better known by Defendant and are included in the

records maintained by Defendant.

DEMAND No. 23: If itwill be claimed that the aforesaid injuries necessitated any
hospitalization for infant-decedent Finely Lynch, a statement specifying the name of each

hospital, with dates of confinement or out-patient treatment.

RESPONSE No. 23: Infant-decedent Finley Lynch was hospitalized at Strong Memorial

Hospital from her birth on 11/19/18 until her death on 1/16/19 in Strong Memorial

Hospital. Infant-decedent never left Defendant's hospital.

DEMAND No. 24: If itwill be claimed that the aforesaid injuries necessitated

treatment for plaintiff Courtney Dennis by any other institution, a statement specifying
the name of each institution, with the dates of confmement or outpatient treatment.

RESPONSE No. 24: Plaintiff Courtney Dennis is not claiming any personal injuries.

DEMAND No. 25: If itwill be claimed that the aforesaid injuries necessitated

treatment for infant-decedent Lynch by any other institution, a statement
Finley
specifying the name of each institution, with the dates of confinement or outpatient

treatment.

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RESPONSE No. 25: Infant-decedent Finley Lynch was hospitalized at Strong Memorial

Hospital from her birth on 11/19/18 until her death on 1/16/19 in Strong Memorial

Hospital. Infant-decedent never left Defendant's hospital

DEMAND No. 26: If itwill be claimed that the aforesaid injuries necessitated

confinement to bed or home for plaintiff COURTNEY DENNIS, a statement specifying:

a. The date(s) of confinement to home; and

b. The date(s) of confinement to bed.

RESPONSE No. 26: Plaintiff COURTNEY DENNIS is not alleging personal injuries.

Plaintiff COURTNEY DENNIS was confined at Strong Memorial Hospital relative to the

subject pregnancy from approximately 11/3/18 to 11/23/18 for treatment of the subject

pregnancy.

DEMAND No. 27: If itis reasonably anticipated that the nWmed aforesaid injuries

will necessitate future confinement to bed or home for any plaintiff a statement

specifying:
a. Anticipated period of time of confmement to home; and

b. Anticipated period of time of confinement to bed.

RESPONSE No. 27: Decedent was confined to bed from 11/19/18 to her death on

1/16/19 at Strong Memorial Hospital. Decedent never left the hospital.

DEMAND No. 28: If loss of earnings is claimed for any plaintiff as a result of the

alleged negligence, a statement specifying:
a. The name and address of each plaintifPs employer at the time of the alleged

negligence;
b. The name of each plaintiff for whom loss of earnings is claimed and the capacity
in which said plaintiff was employed;
c. The earnings of eachnlaintiff for the last full year prior to the alleged negligence;
d. Each plaintiff's gross earnings for any calendar year(s) during which itwill be

claimed that said plaintiff was incapacitated from work;
e. The last date each plaintiff worked prior to the alleged negligence;
f. If any plaintiff was in whole or in part self-employed, state said plaintiff's

earnings from such self-employment for each of the three (3) years prior to the

alleged incapacitation;
g. The name and address of the present employer of each plaintiff;
h. The amount and source of any reimbursement to any plaintiff or others for the

alleged loss of earnings; and

i. The total loss of earning claimed for each plaintiff.

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RESPONSE No. 28: The full range of pec1miary and economic losses allowed by EPTL

5-4.3 and all damages that will pass to the Estate through the personal injury action are

claimed.

Plaintiff will claim the pecuniary benefits that the distributees had a reasonable

right to expect if the decedent had lived, including loss of support and voluntary

assistance. At trial, itwill be proven that Infant Decedent was a beloved and integral part

of the family and would have financially supported the parents and distributes throughout

their lives, irrespective of any physical limitations. Evidence will also be offered that

Infant Decedent would have been able to assist in household chores and provide services

around the house, irrespective of any physical limitations. Decedent never worked and

evidence will be offered that Decedent would have entered the workforce at the

customary age of 18 and worked to 65. Evidence will also be offered as to Decedent's

condition, lifeexpectancy, age, and sex. The specific amount that would be proved at

trialon these two special damage categories - future financial support and future loss of

services - remain in the province of the and experts. Neither parent has the skill or
jury

knowledge to assess this figure.

Plaintiff COURTNEY DENNIS is not claiming loss of earnings.

DEMAND No. 29: Ifitis reasonably anticipated that further loss of eamings will be

incurred in the future as a result of the alleged negligence for any plaintiff, a statement

specifying:
a. Anticipated future loss of earnings for each plaintiff, stating the reason for said
further loss of earnings; and

b. Anticipated period of time that future loss of earnings will be incurred for each

plaintiff.

RESPONSE No. 29: See Response No. 28.

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DEMAND No. 30: For each plaintiff that special damages that are claimed as a result
of the alleged malpractice, including, but not limited to, the following:
Physicians'
a. charges;
b. The charges for the above-named hospitals, separately listing each hospital bill;
c. Surgical services;
d. Nursing services;
e. Dental services;
f. Ambulance services;
g. X-ray services;
h. Charges for medicines, itemizing each charge for medicine;
i. Prosthetic devices;
j. Psychiatric therapy and rehabilitation;
k. Physiotherapy and rehabilitation; and

1. Any other professional health services together with the nature of said services.

RESP ONSE No. 30: The full range of pecuniary and economic losses allowed by EPTL

5-4.3 and all damages that will pass to the Estate through the personal injury action are

claimed.

Medical expenses incidental to the injuries causing death, including medical aid,

nursing, and attention, have not been ascertained fully at this time as liens are not fully

known and will not be known until the time of trial. Under information and belief, allof

these services were provided under Medicaid, for which authorizations have been

provided. Defendant may assume that these damages do not exceed $750,000.00.

Funeral expenses were in the sum of $1695.00, but were donated to parents. A

copy of the funeral bill is attached.

Plaintiff will claim the pecuniary benefits that the distributees had a reasonable

right to expect ifthe decedent had lived, including loss of support and voluntary

assistance. At trial, itwill be proven that Infant Decedent was a beloved and integral part

of the family and would have financially supported the parents and distributes throughout

their lives, irrespective of any physical limitations. Evidence will also be offered that

Infant Decedent would have been able to assist in household chores and provide services

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around the house, irrespective of any physical limitations. Decedent never worked and

evidence will be offered that Decedent would have entered the workforce at the

customary age of 18 and worked to 65. Evidence will also be offered as to Decedent's

condition, life expectancy, age, and sex. The specific amount that would be proved at

trial on these two special damage categories - future financial support and future loss of

services - remain in the province of the and experts. Neither parent has the skill or
jury

knowledge to assess this figure.

Remaining damages under EPTL 5-4.3 and under the personal injury aspect of the

claim, including conscious pain and suffering from the time of negligence until the time

of death, would be general in nature and therefore need not be further particularized here.

The primary distributees under EPTL 4-1.1(a)(4) would be the Decedent's

parents.

DEMAND No. 31: Ifanyone other than the plaintiffs has paid or has incurred the
expenses claimed in the response to demand numbered 30, please particularize the
amount or extent of such reimbursement and the person's address and relationship, if any,
to any plaintiff.

RESPONSE No. 31: Collateral source authorizations have been provided.

DEMAND No. 32: A particular statement as to each of the aforesaid amounts of

money listed in demand numbered 30, setting forth.
a. If any amounts were covered by insurance;
b. The name of the insurance company involved in each case; and

c. The amount paid in each case by said insurance company.

RESPONSE No. 32: Collateral source authorizations have been provided.

DEMAND No. 33: If any of the said amounts listed in demand numbered 30 were
reimbursed to any plaintiff or paid directly by a source other than insurance, a particular

statement as to each setting forth the source involved and the amount paid.

RESPONSE No. 33: Collateral source authorizations have been provided.

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Case Info

Judge

Daniel J Doyle Track Judge’s New Case

Case No.

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Document Filed Date

May 18, 2021

Case Filing Date

January 19, 2021

County

Parties

BUCKLEY, HALI SAGE Attorney for the Defendant
Courtney Dennis as Proposed Administrator of the Estate of FINLEY LYNCH Deceased Plaintiff
Courtney Dennis Individually Plaintiff
FITZGERALD, JAMES P Attorney for the Plaintiff
Patrick Lynch Individually Plaintiff
PRATO, THOMAS MICHAEL Attorney for the Defendant
UNIVERSITY OF ROCHESTER Defendant
JAMES CAPPIO Attorneys for Plaintiffs
CARLA COLAIANNI Attorney

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Document for Courtney Dennis as Proposed Administrator of the Estate of FINLEY LYNCH Deceased, Courtney Dennis Individually, Patrick Lynch Individually v. University Of Rochester

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