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FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019
[Page 157]
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
xxxxxx xxxxxxxx on behalf of CM an
infant under the age of 18, and xxxxxx xxxxxxxx,
Individually,
PLAINTIFFS,
- against - INDEX NO.: 026910/12
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. k/n/a
. ORTHO-MCNEIL-JANSSEÑ PHARMACEUTICALS, INC. and
ZYDUS PHARMACEUTICALS USA, INC.,
DEFENDANTS.
DATE: April 28, 2014
TIME: 10:08 A.M.
CONTINUED EXAMINATION BEFORE TRIAL of
the Plaintiff, xxxxxx xxxxxxxx, taken by the
Defendants, pursuant to a Court Order, held at the
offices of BARTLETT, McDONOUGH & MONAGHAN, LLP,
170 Old Country Road, Mineola, New York 11501,
before a Notary Public of the State of New York.
877-479-2484 U.S.LEGALSUPPORT,INC. www.usiega!suppact.com
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NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019
[Page 158]
1
2 A P P E A R A N C E S:
3
4 NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plaintif fs
5 Empire State Building
350 Fifth Avenue, Suite 7413
6 New York, New York 10118
BY: STAESHA O. RATH, ESQ.
7
8
BOWER LAW P.C .
9 . Attorneys for Defendants
RONALD J. TADDEO, M.D. s/h/a
10 RONAL D J. TADEO, M.D. and
SHORE PSYCHIATRIC CENTER
11 1220 RXR Plaza
Uniondale, New York 11556
12 BY: ANINA H. MONTE, ESQ.
FILE #: 199.124
13
14
LAW OFFICES OF MITCHE LL J. ANGEL, PLLC
15 Attorneys for Defendant
RICHARD PITCH, M.D.
16 170 Old Country Road, Suite 210
Mineola, New York 11501
17 BY: ANGELA FABIANO, ESQ.
FILE #: MLM 37682
18
19
BARTLETT, McDONOUGH & MONAGHAN, LLP
20 Attorneys for Defendants
SCOTT BERLIN, M.D. and
21 BERLIN OB/GYN ASSOCIATES
170 Old Country Road, 4th Floor
22 Mineola, New York 11501
BY: GLEN T. PEWARSKI, ESQ.
23 FILE #: PRI 2440555
24
25
__ .
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsepp^d.com
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NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019
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1
2 A P P E A R A N C E S (Cont'd.):
3
4 KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant
5 FAMILY PSYCHOLOGY OF LONG
ISLAND, P.C.
6 1205 Franklirt Avenue, Suite 200
Garden City, New York 11530
7 BY: PATRICK A. ESQ.
DOLAN,
FILE #: 508.166
8
9
PATTERSON BELKNAP WEBB & TYLER, LLP
10 Attorneys for Defendant
JANSSEN PHARMACEUTICALS, INC.
11 1133 Avenue of the Americas
New York, New York 10036
12 BY: JAMES ESQ.
MURDICA,
FILE #: J54102576 I
13 1 i
14
SILLS CUMMINS & GROSS, P.C.
15 Attorneys for Defendant
ZYDUS PHARMACEUTICALS USA, INC.
16 30 Rockefeller Plaza
New York, New York 10112
17 BY: KATHERINE M. ESQ.
LIEB,
FILE #: 02520075-000001
18
19
20
21
22
23
24
25
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com
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NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019
[Page 160]
1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
1
221.1 Objections at Depositions
4 (a) Objections in general. No objections
shall be made at a deposition except those
5 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
6 Rules, would be waived if not interposed, and
except in compliance with subdivision (e) of
7 such rule. All objections made at a
deposition shall be noted by the officer
8 before whom the deposition is taken, and the
answer shall be given and the deposition shall
9 proceed subject to the objections and to the
right of a person to apply for appropriate
10 relief pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as
12 not to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent permitted
by CPLR Rule 3115 or by this rule, during the
15 course of the examination persons in
attendance shall not make statements or
16 comments that interfere with the questioning.
17 221.2 Refusal to answer when objection is made.
A deponent shall answer all questions at
18 a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
19 enforce a limitation set forth in an order of
the court, or (iii) when the question is
20 improper and if cause
plainly would, answered,
significant prejudice to any person. An
21 shall not direct a deponent not to
attorney
answer except as provided in CPLR Rule 3115 or
22 this subdivision. refusal to answer or
Any
direction not to answer shall be accompanied
23 by a succinct and clear statement of the basis
therefor. If the deponent does not answer a
24 the shall have the
question, examining party
right to complete the remainder of the
25 deposition.
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupped.com
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NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Conanunication with the deponent.
4 An shall not interrupt the
attorney
deposition for the purpose of conununicating
5 with the deponent unless all parties consent
or the conununication is made for the purpose
6 of determining whether the question should not
be answered on the grounds set forth in
7 section 221.2 of these rules and, in such
event, the reason for the conununication shall
8 be stated for the record succinctly and
clearly.
10
11 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before any Notary
12 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
13
14 IT IS FURTHER STIPULATED AND AGPEED that
the examination before trial may be utilized
15 for all purposes as provided the CPLR.
by
16
IT IS FURTHER STIPULATED AND AGREED that
17 all rights provided to all parties the CPLR
by
cannot be deemed waived and the appropriate
18 sections of the CPLR shall be with
controlling
respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
21 parties hereto that a of this examination
copy
shall be furnished, without charge, to the
22 attorneys the witness
representing testifying
herein.
23
24
25
877-479-2484 U.S.LEGALSUPPORT,INC. www. skg.. e-:d.com
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NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019
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1
2 P A M E L A D E N I S E S C H A L L E R,
3 called as a witness, having been first duly sworn
4 by a Notary Public of the State of New York, was
5 examined and testified as follows:
6 CONTINUED EXAMINATION BY
7 MS. MONTE:
8 Q. Good morning, Miss xxxxxxxx.
9 A. Good morning.
10 Q. My name is Anina Monte. We met in
11 January. I am from the law firm of Bower Law. I
12 represent Dr. Taddeo in the lawsuit brought by you
13 on behalf of your son, C .
14 As we did in January, I am going to
15 ask you a series of questions during the course of
16 today. All of my questions will be verbal. I ask
17 that you give all your responses verbally. Okay?
18 A. Sure.
19 Q. If you don't understand a question I
20 am giving you, please let me know and I will do my
21 best to rephrase it. Okay?
22 A. Okay.
23 Q. If you answer it, I will assume that
24 you understood what I was asking.
25 A. Okay.
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com
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1 P. xxxxxxxx
2 Q. If at any time you need a break, let
3 me know. I will do the best to accommodate you.
4 I only ask that if there is an open question that
5 you give me an answer first. Okay?
6 A. Okay.
7 Q. Have you taken any medications this
8 morning?
9 A. Yes.
10 Q. What did you take?
11 A. Lamotrigine.
12 Q. Lamotrigine?
13 A. Yeah, it's generic for Lamictal.
14 Q. What else?
15 A. That's it.
16 Q. And what milligrams?
17 A. I think it's 400 milligrams. It was
18 two pills.
19 Q. Are you scheduled to take any
20 additional medication throughout the course of
21 today?
22 A. Yes.
23 Q. What else?
24 A. Latuda.
25 Q. What milligram and when?
_____
877-479-2484 U.S.LEGALSUPPORT,INC. www.usieg::Is::ppe:1.com
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1 P. xxxxxxxx
2 A. I think it's 40 milligrams, this
3 evening. And there's another one -- hold on a
4 second. Vesicare is another one, and Benicar, all
5 this evening.
6 Q. Do you know the milligrams of the
7 Vesicare?
8 A. Ten.
9 Q. And the milligrams of the Benicar?
10 A. I don't remember.
11 Q. Okay. How many pills?
12 A. One.
13 Q. Who prescribes the generic Lamictal?
14 A. Dr. Greenberg.
15 Q. Since January of 2014, has your
16 milligram dosage of the generic Lamictal changed?
17 A. Yes.
18 Q. How did it change?
19 A. Oh, since January?
20 Q.. Um-hum.
21 A. Yes, it increased.
22 Q. It increased, okay. Do you remember
23 when?
24 A. No.
What is the purpose or reason that
877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsapport.com
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1 P. SCHAT.TRR
2 you take the generic Lamictal, as far as you know?
3 A. I believe it's bipolar and
4 depression.
5 Q. Do you know what type of drug the
6 Lamictal is?
7 A. No.
8 Q. What is the purpose and reason that
9 you understand you take the Latuda?
10 A. It may be I'm getting them confused.
11 Q. Only your understanding.
12 A. I think the same thing.
13 Q. Okay. When did you start taking the
14 Latuda?
15 A. I don't remember.
16 Q. Were you taking it in January of
17 2014?
18 A. I believe.
19 Q. Is that also prescribed by Dr.
20 Greenberg?
21 A. Yes.
22 Q. What is the purpose of the Vesicare?
23 A. Overactive bladder.
24 Q. And who prescribes that?
25 A. Dr. Lieberman.
. _
877-479-2484 U.S.LEGALSUPPORT,INC. www-mir eppe-t.com
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1 P. SCRALLER
2 Q. And who is Dr. Lieberman?
3 A. Um, I can't remember what's in front
4 of but gynecologist.
it, something
5 Q. A gynecologist?
urology
6 A. yes, yes.
7 Q. When did you start him?
seeing
8 A. It's a her.
9 Q. when did you start her?
Oh, seeing
10 A. Between and now.
January
11 Q. Okay.
12 A. Maybe a month and a half ago to two
13 months ago.
14 Q. And what is the purpose of you
15 the Benicar?
taking
16 A. Heart -- blood pressure. Blood
17 pressure; no heart.
18 Q. Who prescribes the Benicar?
19 A. Dr. Womack.
20 Q. Since we last saw you in of
January
21 how times have you seen Dr. Greenberg?
2014, many
22 A. January. January, February, March,
23 April, May, about four times.
24 Q. And Dr. Womack, have you seen him
25 since we last saw you?
877-479-2484 U.S. LEGAL SUPPORT, INC. www.uskgâhappGrt.com
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1 P. xxxxxxxx
2 A. No.
3 Q. Since we last saw you, have you been
4 admitted to any hospitals?
5 A. No.
6 Q. Have you presented to any Emergency
7 Rooms?
8 A. No.
9 Q. In addition to Dr. Greenberg, I
10 believe you were seeing a therapist, when we
11 last --
12 A. Yes.
13 Q. -- last saw you. That's okay. Is
14 that Heidi Beispel?
15 A. Yeah, I don't know if I gave you the
16 right spelling.
17 Q. Okay.
18 A. Yes.
19 Q. Is her first name Heidi?
20 A. Yes.
21 Q. And is she through Dr. Greenberg's
22 office?
23 A. Yes.
24 Q. How often do you see Heidi?
25 A. Once a week.
877-479-2484 U.S.LEGALSUPPORT,INC. www.usleg =ppa-t.com
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1 P. xxxxxxxx
2 Q. Is that individual therapy or
3 couples therapy?
4 A. Individual.
5 Q. Do you belong to any group
6 therapies?
7 A. No.
8 Q. Are you still in any type of DBT
9 therapy?
10 A. No.
11 Q. Do you go to any couples therapy
12 with your husband?
13 A. No.
14 Q. Are you and your husband currently
15 living together?
16 A. Yes.
17 Q. Has your husband ever attended your
18 individual therapy sessions with you?
19 A. One time.
20 Q. When was the most recent, or when
21 was that time?
22 A. I think it was like a week ago.
23 Q. Since C birth date, have you
24 and your husband been living together
25 consistently?
877-479-2484 U.S.LEGALSUPPORT,INC. www.us!egaleupp^rt.com
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[Page 169]
1 P. xxxxxxxx
2 A. Yes.
3 MR. PEWARSKI: Did you say
4 consistently or continuously?
5 MS. MONTE: Consistently, but I will
6 adopt your word and I will ask another
7 question.
8 Q. Have you been living together
9 continuously?
10 A. Yes.
11 Q. What is your current medical health
12 insurance?
13 A. I have Medicare and MagnaCare.
14 Q. And what is C current medical
15 insurance?
16 A. MagnaCare.
17 Q. And is that through Tony's
18 employment?
19 A. Yes.
20 Q. And where is he currently employed?
21 A. He is in Local -- Local Union No. 3,
22 is that what you were asking?
23 Q. I am, yes. Has anything about the
24 the medical -- the health insurance
plan, changed,
25 since January of 2014, the MagnaCare?
877-479-2484 U.S. LEGAL SUPPORT, INC. www.ualegulaupport.com
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1 P. xxxxxxxx
2 I think it' higher co-pay.
A. s a
3 Q. Other than payments or premiums, is
4 it the same --
essentially
5 A. Yes.
6 Q. -- medical insurance?
7 A. Yes.
8 Q. You have to wait until I finish.
9 A. I know, I'm sorry.
10 Q. Okay. So I am going to try to pick
11 up where we last left off. For the purposes of
12 foundation, I will start a little bit beforehand,
13 but I will try not repeat where we have already
14 gone, so bear with me.
15 A. Okay.
16 Q. It would be fair to say that you
17 first started to treat with Dr. Taddeo's office
18 with a nurse practitioner sometime after July of
19 2007?
20 A. Yes.
21 Q. Do you remember the name of the
22 nurse practitioner?
23 A. I'm thinking it starts with a J.
24 Q. JoAnn?
25 A. Yes.
877-479-2484 U.S.LEGALSUPPORT,INC. www.usleghappan.com
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1 P. xxxxxxxx
2 Q. Do you recall how it was that you
3 were first referred to Dr. Taddeo's office in
4 2007?
5 A. I know I must have gotten their name
6 from MagnaCare -- not from MagnaCare but
7 researching like MagnaCare providers .
8 Q. Do you recall having discussion
any
9 with the couples therapist, who you were seeing at
10 the time, Amira Baum, about her desire to refer
11 you to an individual therapist?
12 A. I think we touched on the subject,
13 Q. In that conversation that you had
14 with Miss Baum, did she specifically use Dr.
15 Taddeo's name or did she just suggest the therapy
16 or something else?
17 A. I believe she just suggested
18 therapy.
19 Q. Do you need to amend an answer?
20 A. For some reason, I'm thinking it was
21 at -- I'm
Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 157] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK xxxxxx xxxxxxxx on behalf of CM an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, PLAINTIFFS, - against - INDEX NO.: 026910/12 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. k/n/a . ORTHO-MCNEIL-JANSSEÑ PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., DEFENDANTS. DATE: April 28, 2014 TIME: 10:08 A.M. CONTINUED EXAMINATION BEFORE TRIAL of the Plaintiff, xxxxxx xxxxxxxx, taken by the Defendants, pursuant to a Court Order, held at the offices of BARTLETT, McDONOUGH & MONAGHAN, LLP, 170 Old Country Road, Mineola, New York 11501, before a Notary Public of the State of New York. 877-479-2484 U.S.LEGALSUPPORT,INC. www.usiega!suppact.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 158] 1 2 A P P E A R A N C E S: 3 4 NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plaintif fs 5 Empire State Building 350 Fifth Avenue, Suite 7413 6 New York, New York 10118 BY: STAESHA O. RATH, ESQ. 7 8 BOWER LAW P.C . 9 . Attorneys for Defendants RONALD J. TADDEO, M.D. s/h/a 10 RONAL D J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 11 1220 RXR Plaza Uniondale, New York 11556 12 BY: ANINA H. MONTE, ESQ. FILE #: 199.124 13 14 LAW OFFICES OF MITCHE LL J. ANGEL, PLLC 15 Attorneys for Defendant RICHARD PITCH, M.D. 16 170 Old Country Road, Suite 210 Mineola, New York 11501 17 BY: ANGELA FABIANO, ESQ. FILE #: MLM 37682 18 19 BARTLETT, McDONOUGH & MONAGHAN, LLP 20 Attorneys for Defendants SCOTT BERLIN, M.D. and 21 BERLIN OB/GYN ASSOCIATES 170 Old Country Road, 4th Floor 22 Mineola, New York 11501 BY: GLEN T. PEWARSKI, ESQ. 23 FILE #: PRI 2440555 24 25 __ . 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsepp^d.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 159] 1 2 A P P E A R A N C E S (Cont'd.): 3 4 KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant 5 FAMILY PSYCHOLOGY OF LONG ISLAND, P.C. 6 1205 Franklirt Avenue, Suite 200 Garden City, New York 11530 7 BY: PATRICK A. ESQ. DOLAN, FILE #: 508.166 8 9 PATTERSON BELKNAP WEBB & TYLER, LLP 10 Attorneys for Defendant JANSSEN PHARMACEUTICALS, INC. 11 1133 Avenue of the Americas New York, New York 10036 12 BY: JAMES ESQ. MURDICA, FILE #: J54102576 I 13 1 i 14 SILLS CUMMINS & GROSS, P.C. 15 Attorneys for Defendant ZYDUS PHARMACEUTICALS USA, INC. 16 30 Rockefeller Plaza New York, New York 10112 17 BY: KATHERINE M. ESQ. LIEB, FILE #: 02520075-000001 18 19 20 21 22 23 24 25 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 160] 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 1 221.1 Objections at Depositions 4 (a) Objections in general. No objections shall be made at a deposition except those 5 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 6 Rules, would be waived if not interposed, and except in compliance with subdivision (e) of 7 such rule. All objections made at a deposition shall be noted by the officer 8 before whom the deposition is taken, and the answer shall be given and the deposition shall 9 proceed subject to the objections and to the right of a person to apply for appropriate 10 relief pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. 11 Every objection raised during a deposition shall be stated succinctly and framed so as 12 not to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, during the 15 course of the examination persons in attendance shall not make statements or 16 comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions at 18 a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to 19 enforce a limitation set forth in an order of the court, or (iii) when the question is 20 improper and if cause plainly would, answered, significant prejudice to any person. An 21 shall not direct a deponent not to attorney answer except as provided in CPLR Rule 3115 or 22 this subdivision. refusal to answer or Any direction not to answer shall be accompanied 23 by a succinct and clear statement of the basis therefor. If the deponent does not answer a 24 the shall have the question, examining party right to complete the remainder of the 25 deposition. 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupped.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 161] 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Conanunication with the deponent. 4 An shall not interrupt the attorney deposition for the purpose of conununicating 5 with the deponent unless all parties consent or the conununication is made for the purpose 6 of determining whether the question should not be answered on the grounds set forth in 7 section 221.2 of these rules and, in such event, the reason for the conununication shall 8 be stated for the record succinctly and clearly. 10 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any Notary 12 Public with the same force and effect as if signed before a clerk or a Judge of the court. 13 14 IT IS FURTHER STIPULATED AND AGPEED that the examination before trial may be utilized 15 for all purposes as provided the CPLR. by 16 IT IS FURTHER STIPULATED AND AGREED that 17 all rights provided to all parties the CPLR by cannot be deemed waived and the appropriate 18 sections of the CPLR shall be with controlling respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 21 parties hereto that a of this examination copy shall be furnished, without charge, to the 22 attorneys the witness representing testifying herein. 23 24 25 877-479-2484 U.S.LEGALSUPPORT,INC. www. skg.. e-:d.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 162] 1 2 P A M E L A D E N I S E S C H A L L E R, 3 called as a witness, having been first duly sworn 4 by a Notary Public of the State of New York, was 5 examined and testified as follows: 6 CONTINUED EXAMINATION BY 7 MS. MONTE: 8 Q. Good morning, Miss xxxxxxxx. 9 A. Good morning. 10 Q. My name is Anina Monte. We met in 11 January. I am from the law firm of Bower Law. I 12 represent Dr. Taddeo in the lawsuit brought by you 13 on behalf of your son, C . 14 As we did in January, I am going to 15 ask you a series of questions during the course of 16 today. All of my questions will be verbal. I ask 17 that you give all your responses verbally. Okay? 18 A. Sure. 19 Q. If you don't understand a question I 20 am giving you, please let me know and I will do my 21 best to rephrase it. Okay? 22 A. Okay. 23 Q. If you answer it, I will assume that 24 you understood what I was asking. 25 A. Okay. 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 163] 1 P. xxxxxxxx 2 Q. If at any time you need a break, let 3 me know. I will do the best to accommodate you. 4 I only ask that if there is an open question that 5 you give me an answer first. Okay? 6 A. Okay. 7 Q. Have you taken any medications this 8 morning? 9 A. Yes. 10 Q. What did you take? 11 A. Lamotrigine. 12 Q. Lamotrigine? 13 A. Yeah, it's generic for Lamictal. 14 Q. What else? 15 A. That's it. 16 Q. And what milligrams? 17 A. I think it's 400 milligrams. It was 18 two pills. 19 Q. Are you scheduled to take any 20 additional medication throughout the course of 21 today? 22 A. Yes. 23 Q. What else? 24 A. Latuda. 25 Q. What milligram and when? _____ 877-479-2484 U.S.LEGALSUPPORT,INC. www.usieg::Is::ppe:1.com h FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 164] 1 P. xxxxxxxx 2 A. I think it's 40 milligrams, this 3 evening. And there's another one -- hold on a 4 second. Vesicare is another one, and Benicar, all 5 this evening. 6 Q. Do you know the milligrams of the 7 Vesicare? 8 A. Ten. 9 Q. And the milligrams of the Benicar? 10 A. I don't remember. 11 Q. Okay. How many pills? 12 A. One. 13 Q. Who prescribes the generic Lamictal? 14 A. Dr. Greenberg. 15 Q. Since January of 2014, has your 16 milligram dosage of the generic Lamictal changed? 17 A. Yes. 18 Q. How did it change? 19 A. Oh, since January? 20 Q.. Um-hum. 21 A. Yes, it increased. 22 Q. It increased, okay. Do you remember 23 when? 24 A. No. What is the purpose or reason that 877-479-2484 U.S.LEGALSUPPORT,INC. www.uslegalsapport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 165] 1 P. SCHAT.TRR 2 you take the generic Lamictal, as far as you know? 3 A. I believe it's bipolar and 4 depression. 5 Q. Do you know what type of drug the 6 Lamictal is? 7 A. No. 8 Q. What is the purpose and reason that 9 you understand you take the Latuda? 10 A. It may be I'm getting them confused. 11 Q. Only your understanding. 12 A. I think the same thing. 13 Q. Okay. When did you start taking the 14 Latuda? 15 A. I don't remember. 16 Q. Were you taking it in January of 17 2014? 18 A. I believe. 19 Q. Is that also prescribed by Dr. 20 Greenberg? 21 A. Yes. 22 Q. What is the purpose of the Vesicare? 23 A. Overactive bladder. 24 Q. And who prescribes that? 25 A. Dr. Lieberman. . _ 877-479-2484 U.S.LEGALSUPPORT,INC. www-mir eppe-t.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 166] 1 P. SCRALLER 2 Q. And who is Dr. Lieberman? 3 A. Um, I can't remember what's in front 4 of but gynecologist. it, something 5 Q. A gynecologist? urology 6 A. yes, yes. 7 Q. When did you start him? seeing 8 A. It's a her. 9 Q. when did you start her? Oh, seeing 10 A. Between and now. January 11 Q. Okay. 12 A. Maybe a month and a half ago to two 13 months ago. 14 Q. And what is the purpose of you 15 the Benicar? taking 16 A. Heart -- blood pressure. Blood 17 pressure; no heart. 18 Q. Who prescribes the Benicar? 19 A. Dr. Womack. 20 Q. Since we last saw you in of January 21 how times have you seen Dr. Greenberg? 2014, many 22 A. January. January, February, March, 23 April, May, about four times. 24 Q. And Dr. Womack, have you seen him 25 since we last saw you? 877-479-2484 U.S. LEGAL SUPPORT, INC. www.uskgâhappGrt.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 167] 1 P. xxxxxxxx 2 A. No. 3 Q. Since we last saw you, have you been 4 admitted to any hospitals? 5 A. No. 6 Q. Have you presented to any Emergency 7 Rooms? 8 A. No. 9 Q. In addition to Dr. Greenberg, I 10 believe you were seeing a therapist, when we 11 last -- 12 A. Yes. 13 Q. -- last saw you. That's okay. Is 14 that Heidi Beispel? 15 A. Yeah, I don't know if I gave you the 16 right spelling. 17 Q. Okay. 18 A. Yes. 19 Q. Is her first name Heidi? 20 A. Yes. 21 Q. And is she through Dr. Greenberg's 22 office? 23 A. Yes. 24 Q. How often do you see Heidi? 25 A. Once a week. 877-479-2484 U.S.LEGALSUPPORT,INC. www.usleg =ppa-t.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 (Page 168] .. 1 P. xxxxxxxx 2 Q. Is that individual therapy or 3 couples therapy? 4 A. Individual. 5 Q. Do you belong to any group 6 therapies? 7 A. No. 8 Q. Are you still in any type of DBT 9 therapy? 10 A. No. 11 Q. Do you go to any couples therapy 12 with your husband? 13 A. No. 14 Q. Are you and your husband currently 15 living together? 16 A. Yes. 17 Q. Has your husband ever attended your 18 individual therapy sessions with you? 19 A. One time. 20 Q. When was the most recent, or when 21 was that time? 22 A. I think it was like a week ago. 23 Q. Since C birth date, have you 24 and your husband been living together 25 consistently? 877-479-2484 U.S.LEGALSUPPORT,INC. www.us!egaleupp^rt.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 169] 1 P. xxxxxxxx 2 A. Yes. 3 MR. PEWARSKI: Did you say 4 consistently or continuously? 5 MS. MONTE: Consistently, but I will 6 adopt your word and I will ask another 7 question. 8 Q. Have you been living together 9 continuously? 10 A. Yes. 11 Q. What is your current medical health 12 insurance? 13 A. I have Medicare and MagnaCare. 14 Q. And what is C current medical 15 insurance? 16 A. MagnaCare. 17 Q. And is that through Tony's 18 employment? 19 A. Yes. 20 Q. And where is he currently employed? 21 A. He is in Local -- Local Union No. 3, 22 is that what you were asking? 23 Q. I am, yes. Has anything about the 24 the medical -- the health insurance plan, changed, 25 since January of 2014, the MagnaCare? 877-479-2484 U.S. LEGAL SUPPORT, INC. www.ualegulaupport.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 170] 1 P. xxxxxxxx 2 I think it' higher co-pay. A. s a 3 Q. Other than payments or premiums, is 4 it the same -- essentially 5 A. Yes. 6 Q. -- medical insurance? 7 A. Yes. 8 Q. You have to wait until I finish. 9 A. I know, I'm sorry. 10 Q. Okay. So I am going to try to pick 11 up where we last left off. For the purposes of 12 foundation, I will start a little bit beforehand, 13 but I will try not repeat where we have already 14 gone, so bear with me. 15 A. Okay. 16 Q. It would be fair to say that you 17 first started to treat with Dr. Taddeo's office 18 with a nurse practitioner sometime after July of 19 2007? 20 A. Yes. 21 Q. Do you remember the name of the 22 nurse practitioner? 23 A. I'm thinking it starts with a J. 24 Q. JoAnn? 25 A. Yes. 877-479-2484 U.S.LEGALSUPPORT,INC. www.usleghappan.com FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 01/10/2019 [Page 171] 1 P. xxxxxxxx 2 Q. Do you recall how it was that you 3 were first referred to Dr. Taddeo's office in 4 2007? 5 A. I know I must have gotten their name 6 from MagnaCare -- not from MagnaCare but 7 researching like MagnaCare providers . 8 Q. Do you recall having discussion any 9 with the couples therapist, who you were seeing at 10 the time, Amira Baum, about her desire to refer 11 you to an individual therapist? 12 A. I think we touched on the subject, 13 Q. In that conversation that you had 14 with Miss Baum, did she specifically use Dr. 15 Taddeo's name or did she just suggest the therapy 16 or something else? 17 A. I believe she just suggested 18 therapy. 19 Q. Do you need to amend an answer? 20 A. For some reason, I'm thinking it was 21 at -- I'm