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FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
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NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019
EXH1BIT C
FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
11615 ÄÏÖÏ-iÄ Sif onifeEalfoiÖÖËËŸÏÖHE Ë , ] Index No.: 26910/12
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually, VERIFIED BILL
OF PARTICULARS AS TO
Plaintiffs, DEFENDANT RONALD J.
TADEO, M.D. & SHORE
-against- PSYCHIATRIC CENTER
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS (USA), INC.,
C O U N S E L O R S:
Plaintiffs xxxxxx xxxxxxxx, on behalf of xxxxx xxxxxxxx, an infant under the
age of 18, and PAMEL xxxxxxxx, Individually, by their attorneys, NAPOLI BERN RIPKA
SHKOLNIK, LLP, as and for a Verified Bill of Particulars responsive to the Dernand for a
Verified Bill of Particulars of defendant RONALD J. TADEO, M.D. and SHORE
PSYCHIATRIC CENTER herein respectfully set forth, to the best of Plaintiff's knowledge at
this time and upon information and belief:
1. The negligent acts and omissions as claimed against the answering defendants
herein took place from July 5, 2007 and continuing through to and including September 24,
2009.
2. The negligent and/or otherwise tortious acts and/or omissions claimed against
Defendants RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER took place at
defendant SHORE PSYCHIATRIC CENTER located at 4 Phyllis Drive, Suite H, Patchogue, NY
11772.
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3. Defendants RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER,
individually, and by and through their employees, personnel, physicians, pathologists, lab
technicians, administrative staff, nurses, assistants, agents and/or partners, deviated from
accepted standards of medical practice, and committed medical malpractice, by virtue of the
following acts and/or omissions: in deviating and departing from the good and accepted
standards of medical, surgical and/or post-surgical care and treatment; in prescribing dangerous
and contraindicated drugs with dangerous side effects which resulted in Infant-Plaintiff's
condition; in failing to promptly, properly, timely and adequately detect, discover, diagnose,
consider, evaluate, investigate, treat and manage Infant-Plaintiff's conditions from which he was
suffering at such time as itwas treatable, operable, curable and/or manageable; in failing to
promptly, properly, timely and adequately order, direct, recommend, advise, refer, provide,
perform and/or ensure the performance of such medical and/or surgical procedures as were
urgently required to prevent the worsening of Infant-Plaintiff's conditions; in failing to promptly,
properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat,
operate, remove and manage the said conditions prior to itsprogression; in failing to promptly,
properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat
and manage the said conditions at such time as it was more easily treatable, operable,
manageable and/or curable; in failing to promptly, properly and adequately test, evaluate, assess,
interpret, consider, diagnose and treat Infant-Plaintiff's relative to prolonged and persistent
complaints, signs, symptoms and findings indicative of his conditions; in causing, allowing and
permitting signs, symptoms, complaints and manifestations of prolonged and persistent
indications for Infant-Plaintiff's conditions to remain undetected, undiscovered, ignored,
undiagnosed and untreated for an unreasonably long period of time; in causing, allowing and
2
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permitting Infant-Plaintiff's conditions to increase, worsen and progress; in to promptly,
failing
properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or
ensure compliance with orders, directions, instructions and policies relative to the testing, care,
treatment and management of Infant-Plaintiff; in failing to prevent and/or promptly, properly,
timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and
manage Infant-Plaintiff's condition; in failing to elicit,inquire and/or obtain suitable, adequate
and appropriate information regarding Infant-Plaintiff's condition during his hospitalization,
and/or at all times as he came under the care, diagnosis, treatment and management of the
defendants; in failing to call in and/or ensure the presence of competent, qualified, skilled,
experienced, trained and diligent physicians, surgeons, and radiologists; in failing to provide
Infant-Plaintiff with the proper, adequate and required medical, surgical and post-operative care,
attention and treatment which Infant-Plaintiffs condition required and which the defendants
represented to have possessed and would afford to Infant-Plaintiff; in failing to perform the
necessary and required tests, examinations and evaluations to determine the extent and nature of
Infant-Plaintiffs condition, pre-operatively, operatively and post-operatively; in failing to obtain
the informed consent of Infant-Plaintiff's lawful representative; in failing to administer proper
instructions to the various physicians and other hospital and medical personnel in the care and
treatment of Infant-Plaintiff, operatively and post-operatively; in failing to have available and
provide the necessary and required equipment, apparatus and/or facilities for the testing,
diagnosis, care, treatment and/or surgical procedures upon Infant-Plaintiff; in failing and
to make entries in the records or charts made and maintained with respect to Infant-
neglecting
Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to
properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to
3
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adequately and properly treat Infant-Plaintiff and to render such competent, diligent and skillful
care, treatment and procedures as the defendant represented to have possessed and would afford
to Infant-Plaintiff; in deviating and departing from the good and accepted standards of hospital,
medical and/or surgical care and practice; in causing Infant-Plaintiff to suffer severe injuries and
permanent damages and conditions all as a result of the carelessness, negligence and malpractice
of the defendant; in failing to properly advise Infant-Plaintiff as to the nature and extent of such
procedures as were to be performed and/or failed to be performed, and the possible
complications thereof; in failing to elicitand obtain a proper, correct and accurate history relative
to Infant-Plaintiff's signs, symptoms, complaints and condition; in failing to ask the proper and
appropriate questions so as to elicit and obtain a proper, correct and accurate history relative to
Infant-Plaintiffs signs, symptoms, complaints and condition; in failing and neglecting to make
proper, appropriate, correct and accurate entries in the records or charts made and maintained
with respect to Infant-Plaintiff; in failing and neglecting to take or record proper histories; in
failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken
or recorded; in failing to make proper, adequate and correct notations in the records and charts
made and maintained with respect to the signs, symptoms and complaints described, complained
of and reported by Infant-Plaintiff; in carelessly, negligently, wantonly, incorrectly and
improperly documenting the history provided by Infant-Plaintiff; in violating those statutes,
ordinances, rules and regulations in such cases made and provided, of which this Court may
properly take Judicial Notice at the time of the trial of this action; and in being careless,
negligent and culpable of committing malpractice in the care, treatment and management of
Infant-Plaintiff.
4
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4. Inapplicable - Notice of a condition is not a pre-requisite to the claims being
made by the Plaintiffs herein.
5. Inapplicable - Actual notice is not a pre-requisite to the claims made the
being by
Plaintiffs herein.
6. That as a result of the negligence and malpractice of the named defendants,
Infant-Plaintiff sustained the following personal injuries and their sequelae:
CLEFT LIP;
CLEFT PALATE;
HEARING LOSS;
HEARING IMPAIRMENT;
CLEFT PALATE & EUSTACHIAN TUBE DYSFUNCTION;
CHRONIC OTITIS MEDIA WITH EFFUSION;
BILATERAL MYRINGOTOMY AND TYMPANOSTOMY TUBES ON
OCTOBER 13, 2010;
PALATAL PROSTHESIS REMOVAL AND IMPLANTATION ON
AUGUST 4, 2011;
OBTURATOR SCREW FIXATION FOR CLEFT PALATA ON
FEBRUARY 22, 2012;
PSYCHOLOGICAL TRAUMA;
SURGERIES AND INVASIVE PROCEDURES;
FUTURE SURGERIES AND INVASIVE PROCEDURES;
HOSPITILIZATIONS;
INABILITY TO FEED;
SPEECH IMPEDIMENT;
PAIN AND SUFFERING;
DISRUPTION OF LIFE GOALS;
DISRUPTION OF NORMAL CHILDHOOD;
DISRUPTION OF NORMAL CHILDHOOD ACTIVITIES; AND
SELF-CONCIOUS OF SCARRING.
5
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7. Plaintiff cannot state, prior to the taking of depositions upon oral examination of
the parties to this action, whether any claims will be made at the time of the trialrelative to
improper, defective or unavailable equipment.
8. Plaintiff(s) was confined as follows:
(a) Bed: Infant-Plaintiff was confined to his bed intennittently following the date
of occurrence, to the present time, and continuing.
(b) Home: Infant-Plaintiff was confined to his home intermittently following the
date of occurrence, to the present time, and continuing.
(c) Hospital: Hospital admissions are to be provided under separate cover.
(d) Nursing Home or Rehabilitation: None
9. The total amounts claimed as special damages are as follows:
(a) Physicians: expenses in amounts not presently known.
(b) Nurses: expenses in amounts not presently known.
(c) Medical Supplies: expenses in amounts not presently known.
(d) Hospital: expenses in amounts not presently known.
(e) Loss of Earnings: No claim for loss of earnings is made herein. However,
Plaintiffs reserve the right to supplement this response during the course of
litigation.
(f) Other: none
Plaintiffs reserve the right to supplement this response during the course of this litigation.
10. Plaintiffs received collateral source benefits from Magnacare located at P.O. Box
Plaintiffs'
1001, Garden City, NY 11530. collateral source identification number is
1021100469651. An authorization for Plaintiffs collateral source records will be provided under
a separate cover.
11. No claim for loss of earnings is made herein. However, Plaintiffs reserve the
right to supplement thisresponse during the course of litigation.
12. Plaintiff xxxxxx xxxxxxxx was born on May 23
Infant-Plaintiff was born on May 27
6
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13. Plaintiffs reside at 1734 Spur Dr. South, Islip, New York 11751.
14. Plaintiffs object to Defendants RONALD J. TADEO, M.D. and SHORE
Plaintiffs'
PSYCHIATRIC CENTER'S fourteenth demand for Social Security numbers in a
response to a demand in a Bill of Particulars as such a document could become available to
public purview and thus put Plaintiffs at risk for identity theft and/or fraud. Plaintiffs will
Plaintiffs'
provide Social Security numbers under a separate cover, if applicable.
15. Plaintiffs claim that no discussions were had with respect to the risks, hazards and
alternatives incidental to the treatment and/or that the risks, hazards and alternatives incidental to
the treatment were not adequately explained.
The defendants, their agents, servants, employees, or those persons who ordered,
requested, recommended, advised, performed, rendered, or provided examinations, evaluations,
consultations, care, treatments, procedures, tests, studies, services, or advice of, for, and to
Infant-plaintiff on behalf of, jointly with, or under the supervision of defendants herein, failed to
inform and/or failed to fully inform Infant-plaintiff's lawful representative(s) or to warn and/or
to fully warn Infant-plaintiff's lawful representative(s), of the nature, purposes, known perils,
recognized hazards, risks, or possible complications of the examinations, evaluations, diagnoses,
consultations, care, treatments, procedures, tests, studies, services, or advice ordered for,
requested recommended advised performed rendered or provided to Infant-
for, for, for, upon, to,
plaintiff; failed to inform Infant-plaintiff's lawful representative(s) of any alternative methods of
treatment; failed to obtain an informed consent by or on behalf of Infant-plaintiffs lawful
representative(s) regarding the outcome or possible consequences of the examinations,
evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or
advice ordered, requested, recommended, advised, performed, rendered, or provided, or omitted
7
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to be ordered, requested, recommended, advised, performed, rendered, or provided, of, for, and
to Infant-plaintiff; failed to inform and/or to fully inform Infant-plaintiff's lawful
representative(s) or to warn and/or to fully warn Infant-plaintiff's lawful representative(s), of the
nature, purposes, known perils, recognized hazards, risks, or possible complications of the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered for, requested for, recommended for, advised for, performed upon,
rendered to, or provided to Infant-plaintiff; failed to inform Infant-plaintiff's lawful
representative(s) of any alternative methods of treatment; failed to obtain an informed consent by
or on behalf of Infant-plaintiff's lawful representative(s) regarding the outcome or possible
consequences of the examinations, evaluations, diagnoses, consultations, care, treatments,
procedures, tests, studies, services, or advice ordered, requested, recommended, advised,
performed, rendered, or provided, or omitted to be ordered, requested, recommended, advised,
performed, rendered, or provided, of, for, and to Infant-plaintiff, which failures individually
and/or together constituted deceptive acts and/or practices by the defendants in the conduct of
their business and/or and/or the of services the denied Infant-
trade, furnishing by defendants;
plaintiffs lawful representative(s) of the opportunity to make an informed decision as to the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered, requested, recommended, advised, performed, rendered, or provided
to Infant-plaintiff; denied Infant-plaintiff's lawful representative(s) the opportunity to seek
alternative examinations, evaluations, diagnoses, consultations, care, treatments, procedures,
tests, studies, services, or advice which care, treatments, procedures, tests, studies, services, or
advice that Infant-plaintiff's lawful would have chosen or elected had Infant-
representative(s)
plaintiff's lawful representative(s) been informed and/or fully informed as to the nature,
8
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purposes, known perils, recognized hazards, risks, and possible complications of the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered for, requested for, recommended for, advised for, performed upon,
rendered to, or provided to Infant-plaintiff.
Had Infant-plaintiff's lawful representative(s) been fully informed as to the nature,
purposes, known perils, recognized hazards, risks, and possible complications of the
examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies,
services, or advice ordered, requested, recommended, advised, performed, rendered, or provided
for, upon, or to Infant-plaintiff, Infant-plaintiff's lawful representative(s) would have refused
said examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests,
studies, services, or advice, or would have sought and/or obtained alternative examinations,
evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, and/or
advice.
16. Inapplicable -No claim for breach of contract is made herein.
Dated: New York, New York
December 13, 2012
Yours, etc.
NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plainoff
sy: xxxxxx P. blapoli
Fifth Avenue, Suite 7413
New York, New York 10118
Tel: (212) 267-3700
9
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TO:
BOWER LAW, P.C.
Attorneys for Defendants
RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, New York 11556
(516) 881-4380
KAUFMAN BOORGEEST & RYAN, LLP
Attorneys for De fendants
FAMILY PSYCHOLOGY OF LONG ISLAND
1205 Franklin Avenue, Suite 200
Garden City, New York 11530
Tel: (516) 248-6000
PATTERSON BELKNAP WEBB & TYLER, LLP
Attorneys for Defendant
JANSSEN PHARMACEUTICALS, INC.
1133 Avenue of the Americas
New York, NY 10036
(212) 336-2000
LAW OFFICES OF MITCHELL J. ANGEL, PLLC
Attorneys for Defendant
RICHARD PITCH, M.D.
170 Old Country Road, Suite 210
Mineola, New York 11501
(516) 741-3900
SANTANGELO, BENVENUTO & SLATTERY
Attorney for Defendants
SCOTT BERLIN, M.D. and BERLIN OBGYN ASSOCIATES
1800 Northern Boulevard
Roslyn, New York 11576
(516) 775-2236
KELLEY DRYE & WARREN, LLP
Attorneys for Defendant
ZYDUS PHARMACEUTICALS (USA), INC.
400 Atlantic Street
Stamford, Connecticut 06901
(203) 324-1400
10
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VERIFICATION
xxxxxx P. Napoli, an attorney duly admitted to practice law in the Courts of this State,
affirms the following under penalties of perjury:
I am the attorney for the plaintiff(s) in the above entitled-action. I have read the foregoing
VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon infonnation
and belief, affirmant believes after an inquiry reasonable under the circumstances the matters
alleged herein to be true, and that the contentions herein are not frivolous, as thatterm isdefined in
Part 130.
The reason this verification is made by affirmant and not by plaintiff(s) is that the
plaintiff(s) herein reside in a County other than the County in which we maintain our offices.
The source of affinnant's information and the grounds of her belief are communications,
papers, reports and investigations contained in the filemaintained by this office.
Dated: New York, New York
December 13, 2012
'
Jo eph P. Napoli
11
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
15ÄΟiËÏ1SÖHA 5Ïi, on bei1al ofUÖËËŸ SÖHE Ë , ] Index No.: 26910/12
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually,
Plaintiff ,
-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, JANSSEN
PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS (USA), INC.,
VERIFIED BILL OF PARTICULARS
==========-====-==--------=-===-========--=========-===--=======--_===-======
NAPOLI BERN RIPKA 8HKOLNIK, LLP
Counsel for: Plaintiff
5d'
350 Avenue, Suite 7413
New York, New York I01 18
(212) 267-3700
______
The undersigned attorney hereby certifies,pursuant to Fed. R. Civ. P. 1 1 and 22 NYCRR §130-1.1-a, that
I have read the within papers and that to the best of knowledge and beliefthe , are not frivolous as that
my
term isdefined in 22 NYCRR § 130-1.1(c) and Fed. R. Ci . .1 .
J sep 1 P. Napoli
To
Attorney(s) for
Service of a copy of the within ishereby admitted.
Dated,
ATTORNEY(S) FOR
=====_-==-=========================-========-==========================
PLEASE TAKE NOTICE:
O NOTICE OF ENTRY
thatthe within isa (certified)true copy of an duly entered in the
office of the clerk of the within named court on 200__.
O NOTICE OF SETTLEMENT
thatan order of which the within isa true copy, will be
presented forsettlement to the HON. one of thejudges of the
within named Court, at on 200 at O'clock .M.
Dated, Yours, etc.
NAPOLI BERN RIPKA SHKOLNIK, LLP
Preview
FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 c NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 EXH1BIT C FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 11615 ÄÏÖÏ-iÄ Sif onifeEalfoiÖÖËËŸÏÖHE Ë , ] Index No.: 26910/12 an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, VERIFIED BILL OF PARTICULARS AS TO Plaintiffs, DEFENDANT RONALD J. TADEO, M.D. & SHORE -against- PSYCHIATRIC CENTER RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS (USA), INC., C O U N S E L O R S: Plaintiffs xxxxxx xxxxxxxx, on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and PAMEL xxxxxxxx, Individually, by their attorneys, NAPOLI BERN RIPKA SHKOLNIK, LLP, as and for a Verified Bill of Particulars responsive to the Dernand for a Verified Bill of Particulars of defendant RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER herein respectfully set forth, to the best of Plaintiff's knowledge at this time and upon information and belief: 1. The negligent acts and omissions as claimed against the answering defendants herein took place from July 5, 2007 and continuing through to and including September 24, 2009. 2. The negligent and/or otherwise tortious acts and/or omissions claimed against Defendants RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER took place at defendant SHORE PSYCHIATRIC CENTER located at 4 Phyllis Drive, Suite H, Patchogue, NY 11772. FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 3. Defendants RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER, individually, and by and through their employees, personnel, physicians, pathologists, lab technicians, administrative staff, nurses, assistants, agents and/or partners, deviated from accepted standards of medical practice, and committed medical malpractice, by virtue of the following acts and/or omissions: in deviating and departing from the good and accepted standards of medical, surgical and/or post-surgical care and treatment; in prescribing dangerous and contraindicated drugs with dangerous side effects which resulted in Infant-Plaintiff's condition; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage Infant-Plaintiff's conditions from which he was suffering at such time as itwas treatable, operable, curable and/or manageable; in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or ensure the performance of such medical and/or surgical procedures as were urgently required to prevent the worsening of Infant-Plaintiff's conditions; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat, operate, remove and manage the said conditions prior to itsprogression; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage the said conditions at such time as it was more easily treatable, operable, manageable and/or curable; in failing to promptly, properly and adequately test, evaluate, assess, interpret, consider, diagnose and treat Infant-Plaintiff's relative to prolonged and persistent complaints, signs, symptoms and findings indicative of his conditions; in causing, allowing and permitting signs, symptoms, complaints and manifestations of prolonged and persistent indications for Infant-Plaintiff's conditions to remain undetected, undiscovered, ignored, undiagnosed and untreated for an unreasonably long period of time; in causing, allowing and 2 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 permitting Infant-Plaintiff's conditions to increase, worsen and progress; in to promptly, failing properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or ensure compliance with orders, directions, instructions and policies relative to the testing, care, treatment and management of Infant-Plaintiff; in failing to prevent and/or promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage Infant-Plaintiff's condition; in failing to elicit,inquire and/or obtain suitable, adequate and appropriate information regarding Infant-Plaintiff's condition during his hospitalization, and/or at all times as he came under the care, diagnosis, treatment and management of the defendants; in failing to call in and/or ensure the presence of competent, qualified, skilled, experienced, trained and diligent physicians, surgeons, and radiologists; in failing to provide Infant-Plaintiff with the proper, adequate and required medical, surgical and post-operative care, attention and treatment which Infant-Plaintiffs condition required and which the defendants represented to have possessed and would afford to Infant-Plaintiff; in failing to perform the necessary and required tests, examinations and evaluations to determine the extent and nature of Infant-Plaintiffs condition, pre-operatively, operatively and post-operatively; in failing to obtain the informed consent of Infant-Plaintiff's lawful representative; in failing to administer proper instructions to the various physicians and other hospital and medical personnel in the care and treatment of Infant-Plaintiff, operatively and post-operatively; in failing to have available and provide the necessary and required equipment, apparatus and/or facilities for the testing, diagnosis, care, treatment and/or surgical procedures upon Infant-Plaintiff; in failing and to make entries in the records or charts made and maintained with respect to Infant- neglecting Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to 3 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 adequately and properly treat Infant-Plaintiff and to render such competent, diligent and skillful care, treatment and procedures as the defendant represented to have possessed and would afford to Infant-Plaintiff; in deviating and departing from the good and accepted standards of hospital, medical and/or surgical care and practice; in causing Infant-Plaintiff to suffer severe injuries and permanent damages and conditions all as a result of the carelessness, negligence and malpractice of the defendant; in failing to properly advise Infant-Plaintiff as to the nature and extent of such procedures as were to be performed and/or failed to be performed, and the possible complications thereof; in failing to elicitand obtain a proper, correct and accurate history relative to Infant-Plaintiff's signs, symptoms, complaints and condition; in failing to ask the proper and appropriate questions so as to elicit and obtain a proper, correct and accurate history relative to Infant-Plaintiffs signs, symptoms, complaints and condition; in failing and neglecting to make proper, appropriate, correct and accurate entries in the records or charts made and maintained with respect to Infant-Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to make proper, adequate and correct notations in the records and charts made and maintained with respect to the signs, symptoms and complaints described, complained of and reported by Infant-Plaintiff; in carelessly, negligently, wantonly, incorrectly and improperly documenting the history provided by Infant-Plaintiff; in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court may properly take Judicial Notice at the time of the trial of this action; and in being careless, negligent and culpable of committing malpractice in the care, treatment and management of Infant-Plaintiff. 4 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 4. Inapplicable - Notice of a condition is not a pre-requisite to the claims being made by the Plaintiffs herein. 5. Inapplicable - Actual notice is not a pre-requisite to the claims made the being by Plaintiffs herein. 6. That as a result of the negligence and malpractice of the named defendants, Infant-Plaintiff sustained the following personal injuries and their sequelae: CLEFT LIP; CLEFT PALATE; HEARING LOSS; HEARING IMPAIRMENT; CLEFT PALATE & EUSTACHIAN TUBE DYSFUNCTION; CHRONIC OTITIS MEDIA WITH EFFUSION; BILATERAL MYRINGOTOMY AND TYMPANOSTOMY TUBES ON OCTOBER 13, 2010; PALATAL PROSTHESIS REMOVAL AND IMPLANTATION ON AUGUST 4, 2011; OBTURATOR SCREW FIXATION FOR CLEFT PALATA ON FEBRUARY 22, 2012; PSYCHOLOGICAL TRAUMA; SURGERIES AND INVASIVE PROCEDURES; FUTURE SURGERIES AND INVASIVE PROCEDURES; HOSPITILIZATIONS; INABILITY TO FEED; SPEECH IMPEDIMENT; PAIN AND SUFFERING; DISRUPTION OF LIFE GOALS; DISRUPTION OF NORMAL CHILDHOOD; DISRUPTION OF NORMAL CHILDHOOD ACTIVITIES; AND SELF-CONCIOUS OF SCARRING. 5 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 7. Plaintiff cannot state, prior to the taking of depositions upon oral examination of the parties to this action, whether any claims will be made at the time of the trialrelative to improper, defective or unavailable equipment. 8. Plaintiff(s) was confined as follows: (a) Bed: Infant-Plaintiff was confined to his bed intennittently following the date of occurrence, to the present time, and continuing. (b) Home: Infant-Plaintiff was confined to his home intermittently following the date of occurrence, to the present time, and continuing. (c) Hospital: Hospital admissions are to be provided under separate cover. (d) Nursing Home or Rehabilitation: None 9. The total amounts claimed as special damages are as follows: (a) Physicians: expenses in amounts not presently known. (b) Nurses: expenses in amounts not presently known. (c) Medical Supplies: expenses in amounts not presently known. (d) Hospital: expenses in amounts not presently known. (e) Loss of Earnings: No claim for loss of earnings is made herein. However, Plaintiffs reserve the right to supplement this response during the course of litigation. (f) Other: none Plaintiffs reserve the right to supplement this response during the course of this litigation. 10. Plaintiffs received collateral source benefits from Magnacare located at P.O. Box Plaintiffs' 1001, Garden City, NY 11530. collateral source identification number is 1021100469651. An authorization for Plaintiffs collateral source records will be provided under a separate cover. 11. No claim for loss of earnings is made herein. However, Plaintiffs reserve the right to supplement thisresponse during the course of litigation. 12. Plaintiff xxxxxx xxxxxxxx was born on May 23 Infant-Plaintiff was born on May 27 6 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 13. Plaintiffs reside at 1734 Spur Dr. South, Islip, New York 11751. 14. Plaintiffs object to Defendants RONALD J. TADEO, M.D. and SHORE Plaintiffs' PSYCHIATRIC CENTER'S fourteenth demand for Social Security numbers in a response to a demand in a Bill of Particulars as such a document could become available to public purview and thus put Plaintiffs at risk for identity theft and/or fraud. Plaintiffs will Plaintiffs' provide Social Security numbers under a separate cover, if applicable. 15. Plaintiffs claim that no discussions were had with respect to the risks, hazards and alternatives incidental to the treatment and/or that the risks, hazards and alternatives incidental to the treatment were not adequately explained. The defendants, their agents, servants, employees, or those persons who ordered, requested, recommended, advised, performed, rendered, or provided examinations, evaluations, consultations, care, treatments, procedures, tests, studies, services, or advice of, for, and to Infant-plaintiff on behalf of, jointly with, or under the supervision of defendants herein, failed to inform and/or failed to fully inform Infant-plaintiff's lawful representative(s) or to warn and/or to fully warn Infant-plaintiff's lawful representative(s), of the nature, purposes, known perils, recognized hazards, risks, or possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered for, requested recommended advised performed rendered or provided to Infant- for, for, for, upon, to, plaintiff; failed to inform Infant-plaintiff's lawful representative(s) of any alternative methods of treatment; failed to obtain an informed consent by or on behalf of Infant-plaintiffs lawful representative(s) regarding the outcome or possible consequences of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided, or omitted 7 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 to be ordered, requested, recommended, advised, performed, rendered, or provided, of, for, and to Infant-plaintiff; failed to inform and/or to fully inform Infant-plaintiff's lawful representative(s) or to warn and/or to fully warn Infant-plaintiff's lawful representative(s), of the nature, purposes, known perils, recognized hazards, risks, or possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered for, requested for, recommended for, advised for, performed upon, rendered to, or provided to Infant-plaintiff; failed to inform Infant-plaintiff's lawful representative(s) of any alternative methods of treatment; failed to obtain an informed consent by or on behalf of Infant-plaintiff's lawful representative(s) regarding the outcome or possible consequences of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided, or omitted to be ordered, requested, recommended, advised, performed, rendered, or provided, of, for, and to Infant-plaintiff, which failures individually and/or together constituted deceptive acts and/or practices by the defendants in the conduct of their business and/or and/or the of services the denied Infant- trade, furnishing by defendants; plaintiffs lawful representative(s) of the opportunity to make an informed decision as to the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided to Infant-plaintiff; denied Infant-plaintiff's lawful representative(s) the opportunity to seek alternative examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice which care, treatments, procedures, tests, studies, services, or advice that Infant-plaintiff's lawful would have chosen or elected had Infant- representative(s) plaintiff's lawful representative(s) been informed and/or fully informed as to the nature, 8 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 purposes, known perils, recognized hazards, risks, and possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered for, requested for, recommended for, advised for, performed upon, rendered to, or provided to Infant-plaintiff. Had Infant-plaintiff's lawful representative(s) been fully informed as to the nature, purposes, known perils, recognized hazards, risks, and possible complications of the examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice ordered, requested, recommended, advised, performed, rendered, or provided for, upon, or to Infant-plaintiff, Infant-plaintiff's lawful representative(s) would have refused said examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, or advice, or would have sought and/or obtained alternative examinations, evaluations, diagnoses, consultations, care, treatments, procedures, tests, studies, services, and/or advice. 16. Inapplicable -No claim for breach of contract is made herein. Dated: New York, New York December 13, 2012 Yours, etc. NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plainoff sy: xxxxxx P. blapoli Fifth Avenue, Suite 7413 New York, New York 10118 Tel: (212) 267-3700 9 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 TO: BOWER LAW, P.C. Attorneys for Defendants RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, New York 11556 (516) 881-4380 KAUFMAN BOORGEEST & RYAN, LLP Attorneys for De fendants FAMILY PSYCHOLOGY OF LONG ISLAND 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 Tel: (516) 248-6000 PATTERSON BELKNAP WEBB & TYLER, LLP Attorneys for Defendant JANSSEN PHARMACEUTICALS, INC. 1133 Avenue of the Americas New York, NY 10036 (212) 336-2000 LAW OFFICES OF MITCHELL J. ANGEL, PLLC Attorneys for Defendant RICHARD PITCH, M.D. 170 Old Country Road, Suite 210 Mineola, New York 11501 (516) 741-3900 SANTANGELO, BENVENUTO & SLATTERY Attorney for Defendants SCOTT BERLIN, M.D. and BERLIN OBGYN ASSOCIATES 1800 Northern Boulevard Roslyn, New York 11576 (516) 775-2236 KELLEY DRYE & WARREN, LLP Attorneys for Defendant ZYDUS PHARMACEUTICALS (USA), INC. 400 Atlantic Street Stamford, Connecticut 06901 (203) 324-1400 10 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 VERIFICATION xxxxxx P. Napoli, an attorney duly admitted to practice law in the Courts of this State, affirms the following under penalties of perjury: I am the attorney for the plaintiff(s) in the above entitled-action. I have read the foregoing VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon infonnation and belief, affirmant believes after an inquiry reasonable under the circumstances the matters alleged herein to be true, and that the contentions herein are not frivolous, as thatterm isdefined in Part 130. The reason this verification is made by affirmant and not by plaintiff(s) is that the plaintiff(s) herein reside in a County other than the County in which we maintain our offices. The source of affinnant's information and the grounds of her belief are communications, papers, reports and investigations contained in the filemaintained by this office. Dated: New York, New York December 13, 2012 ' Jo eph P. Napoli 11 FILED: SUFFOLK COUNTY CLERK 01/09/2019 02:38 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 49 RECEIVED NYSCEF: 01/09/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK 15ÄΟiËÏ1SÖHA 5Ïi, on bei1al ofUÖËËŸ SÖHE Ë , ] Index No.: 26910/12 an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, Plaintiff , -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, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS (USA), INC., VERIFIED BILL OF PARTICULARS ==========-====-==--------=-===-========--=========-===--=======--_===-====== NAPOLI BERN RIPKA 8HKOLNIK, LLP Counsel for: Plaintiff 5d' 350 Avenue, Suite 7413 New York, New York I01 18 (212) 267-3700 ______ The undersigned attorney hereby certifies,pursuant to Fed. R. Civ. P. 1 1 and 22 NYCRR §130-1.1-a, that I have read the within papers and that to the best of knowledge and beliefthe , are not frivolous as that my term isdefined in 22 NYCRR § 130-1.1(c) and Fed. R. Ci . .1 . J sep 1 P. Napoli To Attorney(s) for Service of a copy of the within ishereby admitted. Dated, ATTORNEY(S) FOR =====_-==-=========================-========-========================== PLEASE TAKE NOTICE: O NOTICE OF ENTRY thatthe within isa (certified)true copy of an duly entered in the office of the clerk of the within named court on 200__. O NOTICE OF SETTLEMENT thatan order of which the within isa true copy, will be presented forsettlement to the HON. one of thejudges of the within named Court, at on 200 at O'clock .M. Dated, Yours, etc. NAPOLI BERN RIPKA SHKOLNIK, LLP