Preview
FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/06/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------X
xxxxxx xxxxxxxx, on behalf of C
S , an infant under the age of 18, and Index No. 26910/12
xxxxxx xxxxxxxx, Individually,
Plaintiff(s),
-against- PARENT'S PETITIONIN SUPPORT
OF INFANTS COMPROMISE ORDER
RONALD J. RICHARD
AND SETTLEMENT
TADEO, M.D., PITCH, M.D.,
SCOTT BERL1N, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG I
SLAND, BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC. and ZYDUS P
HARMACEUTICALS (USA), INC.
-----..-----.............-----...............---...--------------X
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
xxxxxx xxxxxxxx, being duly sworn deposes and says:
1. I am the mother and natural guardian of the infant plaintiff,
who resides with me at . Islip,NY 11751. CM is presently 8 years of
age having been born on 2010.
2. The claim herein arose on during my pregnancy with , from September
2009 to his birth on
3. During this time I was under the care of psychiatrist Dr. Taddeo. In 2008, Dr.
Taddeo started prescribing me Topamax, which I firstfilled on March 27th, 2008.
4. On March 31", 2009, I filledmy final prescription of Topamax, a 90 day
prescription. I was next prescribed the generic form, topiramate. However, I had additional
FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 28 . . RECEIVED NYSCEF:
. 12/06/2018
Topamax pills remaiñing at the time of my final prescription, and I continued to take Topamax
well into my pregnancy. I took these interchangeably with topiramate, the generic bioequivalent
to Topamax that I was subsequently prescribed.
5. I remained on Tupamax / topiramate for the entirety of my pregnancy,
6. On 2010 CM S was born. He was born with a bilateral cleft
lipand palate and immediately admitted to the NICU.
7. CM is currently 7 years old. Throughout his 7 years of life,he has undergone
numerous surgeries to repair his cleftlip and palate, as well as to address other related issues. He
has undergone an incredible amount of medical testing and treatment with an assortment of
documents, including plastic surgeons, oral surgeons, and ENTs. He has treated with speech
therapist, occupational therapists, and physical therapists. C has and continues to receive
special care and screening related to his development disabilities.
8. I have read the accompanying affirmation of my attorney and the proceedings
which are described in the affirmation are, to the best of my knowledge, accurately set forth. I
have consulted with my attorneys and I have been advised that itwould be inthe best interest of
my son to accept the sum of money so offered in the settlement. I am in agreement with that
decision. I propose, with the consent of this Court, to accept the sum of
in settlement of C S 's claims against
9. The Retainer Agreement with my attorneys, NAPOLI SHKOLNIK PLLC, states
that they are to receive a legal fee of
, net settlement
2
FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/06/2018
amount. This net settlement was calculated following the deduction of disbursements incurred in
the matter,
. Irespectfully submit that the smoüñt as requested by our attorneys for the disbursements
and the legal fees are fair and reasonable in view of the work done and the results accorsplished.
Itis respectfully requested that same be ordered by this Court.
10. I ask this Court to be paid the sum of
from the net settlement to reimburse me for out-of-pocket medical expenses,
medications, child-care, therapies, and medical-related transportation costs. I ask that the balance
attorneys'
of the settlement, less the fees and disbursements and the
will be made available for the use and benefit of the infant plaintiff.
11. I ask this Court to pay
the proceeds of the net settlement in full
satisfaction of
12. Further, all bills for medical treatment were submitted to insurance and paid in
full, I have no knowledge of any outstanding medical bills and/or liens pertaining to the medical
treatment rendered to my son for the injuries claimed herein apart from that which is listed
above.
13. I ask this Court to approve payment i ount of
to be made out to CMS
in care of myself, as mother and natural guardian, to be held jointly with an officer of the bank
to be used solely for W S 's future care needs
during the next ten years of his infancy.
3
FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 28 . . RECEIVED . NYSCEF: 12/06/2018
14. I ask this court to approve payment of the balance of the settlement in the sum of
16. I understand that that the above aforementioned payments stated as guaranteed shall
be paid whether or not CMSM isalive. In the event that CW S dies at any time prior
to the receipt of all payments described as guaranteed, the balance of any guaranteed payments shall
be paid to the Estate of S , or to any such person he may so designate upon attaining
the age of majority.
17. I understand that that the future payment amounts outlined in Exhibit (C) are
guaranteed based upon a projected annuity purchase date of Any delay in
funding the annuity may result in a delay of the payment dates or change in payment amounts
that shall be recorded in the settlement agreement and release, qualified assigñmêñt document
and contract without the need of obtaining an amended Petition/Court Order/New Infants
annuity
Compromise Order up to 180 days after original purchase date.
4
FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 28 . . . RECEIVED NYSCEF: 12/06/2018
.
18. I understand that the structured settlement provided herein is a condition of the
settlement and I aver that itis adequate and in the best interest of C S
19. By reason of all of the above, your petitioner desires to accept the offer of
settlement made herein and requests that this Honorable Court permit your petitioner to settle
and compromise the infant plaintiffs action as against
20. The medical malpractice claims for CM's injuries as against RONALD J.
TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES
remain ongoing under this index number.
21. No other claim, action or procccding has been comméñced on behalf of the infant
plaintiff or myself as a consequence of the above-mentioned incident in which the infant plaintiff
was injured nor has any prior application or proceeding been instituted to settlethis action on the
claims upon which itis based.
WHEREFORE, I respectfully request the annexed Order be granted permitting me to
accept the said sum of money so offered in settlement and that the monies be disbursed as set
forth in said Order for all of which no previous application has been made.
5
Preview
FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/06/2018 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------X xxxxxx xxxxxxxx, on behalf of C S , an infant under the age of 18, and Index No. 26910/12 xxxxxx xxxxxxxx, Individually, Plaintiff(s), -against- PARENT'S PETITIONIN SUPPORT OF INFANTS COMPROMISE ORDER RONALD J. RICHARD AND SETTLEMENT TADEO, M.D., PITCH, M.D., SCOTT BERL1N, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG I SLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. and ZYDUS P HARMACEUTICALS (USA), INC. -----..-----.............-----...............---...--------------X STATE OF NEW YORK ) COUNTY OF SUFFOLK ) xxxxxx xxxxxxxx, being duly sworn deposes and says: 1. I am the mother and natural guardian of the infant plaintiff, who resides with me at . Islip,NY 11751. CM is presently 8 years of age having been born on 2010. 2. The claim herein arose on during my pregnancy with , from September 2009 to his birth on 3. During this time I was under the care of psychiatrist Dr. Taddeo. In 2008, Dr. Taddeo started prescribing me Topamax, which I firstfilled on March 27th, 2008. 4. On March 31", 2009, I filledmy final prescription of Topamax, a 90 day prescription. I was next prescribed the generic form, topiramate. However, I had additional FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 28 . . RECEIVED NYSCEF: . 12/06/2018 Topamax pills remaiñing at the time of my final prescription, and I continued to take Topamax well into my pregnancy. I took these interchangeably with topiramate, the generic bioequivalent to Topamax that I was subsequently prescribed. 5. I remained on Tupamax / topiramate for the entirety of my pregnancy, 6. On 2010 CM S was born. He was born with a bilateral cleft lipand palate and immediately admitted to the NICU. 7. CM is currently 7 years old. Throughout his 7 years of life,he has undergone numerous surgeries to repair his cleftlip and palate, as well as to address other related issues. He has undergone an incredible amount of medical testing and treatment with an assortment of documents, including plastic surgeons, oral surgeons, and ENTs. He has treated with speech therapist, occupational therapists, and physical therapists. C has and continues to receive special care and screening related to his development disabilities. 8. I have read the accompanying affirmation of my attorney and the proceedings which are described in the affirmation are, to the best of my knowledge, accurately set forth. I have consulted with my attorneys and I have been advised that itwould be inthe best interest of my son to accept the sum of money so offered in the settlement. I am in agreement with that decision. I propose, with the consent of this Court, to accept the sum of in settlement of C S 's claims against 9. The Retainer Agreement with my attorneys, NAPOLI SHKOLNIK PLLC, states that they are to receive a legal fee of , net settlement 2 FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 28 RECEIVED NYSCEF: 12/06/2018 amount. This net settlement was calculated following the deduction of disbursements incurred in the matter, . Irespectfully submit that the smoüñt as requested by our attorneys for the disbursements and the legal fees are fair and reasonable in view of the work done and the results accorsplished. Itis respectfully requested that same be ordered by this Court. 10. I ask this Court to be paid the sum of from the net settlement to reimburse me for out-of-pocket medical expenses, medications, child-care, therapies, and medical-related transportation costs. I ask that the balance attorneys' of the settlement, less the fees and disbursements and the will be made available for the use and benefit of the infant plaintiff. 11. I ask this Court to pay the proceeds of the net settlement in full satisfaction of 12. Further, all bills for medical treatment were submitted to insurance and paid in full, I have no knowledge of any outstanding medical bills and/or liens pertaining to the medical treatment rendered to my son for the injuries claimed herein apart from that which is listed above. 13. I ask this Court to approve payment i ount of to be made out to CMS in care of myself, as mother and natural guardian, to be held jointly with an officer of the bank to be used solely for W S 's future care needs during the next ten years of his infancy. 3 FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 28 . . RECEIVED . NYSCEF: 12/06/2018 14. I ask this court to approve payment of the balance of the settlement in the sum of 16. I understand that that the above aforementioned payments stated as guaranteed shall be paid whether or not CMSM isalive. In the event that CW S dies at any time prior to the receipt of all payments described as guaranteed, the balance of any guaranteed payments shall be paid to the Estate of S , or to any such person he may so designate upon attaining the age of majority. 17. I understand that that the future payment amounts outlined in Exhibit (C) are guaranteed based upon a projected annuity purchase date of Any delay in funding the annuity may result in a delay of the payment dates or change in payment amounts that shall be recorded in the settlement agreement and release, qualified assigñmêñt document and contract without the need of obtaining an amended Petition/Court Order/New Infants annuity Compromise Order up to 180 days after original purchase date. 4 FILED: SUFFOLK COUNTY CLERK 12/06/2018 01:40 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 28 . . . RECEIVED NYSCEF: 12/06/2018 . 18. I understand that the structured settlement provided herein is a condition of the settlement and I aver that itis adequate and in the best interest of C S 19. By reason of all of the above, your petitioner desires to accept the offer of settlement made herein and requests that this Honorable Court permit your petitioner to settle and compromise the infant plaintiffs action as against 20. The medical malpractice claims for CM's injuries as against RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES remain ongoing under this index number. 21. No other claim, action or procccding has been comméñced on behalf of the infant plaintiff or myself as a consequence of the above-mentioned incident in which the infant plaintiff was injured nor has any prior application or proceeding been instituted to settlethis action on the claims upon which itis based. WHEREFORE, I respectfully request the annexed Order be granted permitting me to accept the said sum of money so offered in settlement and that the monies be disbursed as set forth in said Order for all of which no previous application has been made. 5