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FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
xxxxxx xxxxxxxx on behalf of OW
S , an Infant under the age of 18, and
xxxxxx xxxxxxxx Individually,
. Index No,: 026910/12
Plaintiffs, DEMAND FOR A
VERIFIED BILL OF
-against- PARTICULAFG
RONALD J. TADEO, M.D., RICHARD PITCH,
M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER., EAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
INC. k/n/a ORTHO-MCNEIL-
PHARMACEUTICALS,
JANSSEN PWARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
S I R S:
PLEASE TAKE NOTICE, that you are required to serve the
Verified Bill of plaintiffs' claims within
following of Particulars
ten (10) days of the date hereof:
1, State the full name, age, address and Social Security
numbers of the plaintiffs.
2. Set forth the date of birth of the plaintiffs.
3. Set forth the date on which the plaintiff xxxxxx xxxxxxxx
allegedly first came under the care/services of RICHARD PITCH, M.D.
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4. Set forth the date on which the plaintiff xxxxxx xxxxxxxx
allegedly first came under the care/services of RONALD J. TADDEO,
M.D., s/h/a as RONALD J. TADEO, M.D.
5. Set forth the date on which the plaintiff xxxxxx xxxxxxxx
allegedly first came under the care/services of SCOTT BERLIN, M.D.
!
6. Set forth the date on which the plaintiff, xxxxxx xxxxxxxx,
allegedly first came under the care/services of SHORE PSYCHIATRIC
CENTER.
7. Set forth the date on which the plaintiff, xxxxxx xxxxxxxx,
allegedly first came under the care/services of FAMILY PSYCHOLOGY OF
LONG ISLAND.
8. Set forth the date on which the plaintiff, xxxxxx xxxxxxxx,
allegedly first came under the care/services of BERLIN OBGYN
ASSOCIATES.
9, Set forth the date on which the plaintiffs allegedly first
came under the services of IANSSEN INC. k/n/a ORTHO-
PHARMACEUTICALS,
MCNEIL-JANSSEN PHARMACEUTICALS, INC.
10. S.et forth the date on which the plaintiffs allegedly first
came under the services of ZYDUS PHARMACEUTICALS USA, INC.
11. Set forth the precise dates that it will be claimed that
RICHARD PITCH, M.D., allegedly committed negligent acts and/or
omissions.
12. Set forth the precise dates that it will be claimed that
RONALD J. TADDEO, M.D., s/h/a RONALD J. TADEO, M.D. allegedly
committed negligent acts and/or omissions.
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13. Set forth the precise dates that it will be claimed that
SCOTT BERLIN, M.D., allegedly committed negligent acts and/or
omissions.
14. Set forth the precise dates that it will be claimed that
SHORE PSYCHIATRIC CENTER allegedly committed negligent acts and/or
omissions.
15. Set forth the precise dates that it will be claimed that
EAMILY PSYCHOLOGY OF LONG ISLAND allegedly committed negligent acts
and/or omissions.
16. Set forth the precise dates that it will be claimed that
BERLIN OBGYN ASSOCIATES allegedly committed negligent acts and/or
omissions.
17. Set forth the precise dates that it w.ill be claimed that
JANSSEN PRARMACEOTICALS, INC. k/n/a ORTHO-MCNEIL-JAN5SEN
PHARMACEUTICALS, INC. allegedly committed negligent or intentional
acts and/or omissions. .
18. Set forth the precise dates that it will be claimed that
ZYDUS PHARMACEUTICALS USA, INC., allegedly committed negligent or
intentional acts and/or omissions.
19. Set forth a atatement of each and every act of negligence
or omission which constituted the alleged malpractice, carelessness,
or negligence complained of as to RICHARD PITCH, M.D.
20. Set forth a statement of each and every act of negligence
or omission which constituted the alleged malpractice, carelessness,
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or negligence complained of as to RONALD J. TADDEO, M.D., s/h/a
RONALD J. TADEO, M.D.
21. Set forth a statement of each and every act of negligence
or omission which constituted the alleged malpractice, carelessness,
or negligence complained of as to SCOTT BERLIN, M.D.
22, Set forth a statement of each and every act of negligence
or omission which constituted the alleged malpractice, carelessness,
or negligence complained of as to SHORE PSYCHIATRIC CENTER,
23. Set forth a statement of each and every act of negligence
or omission which constituted the alleged malpractice, carelessness,
or negligence complained of as to FAMIL.Y PSYCHOLOGY OF LONG ISLAND.
24. Set forth a statement of each and every act of negligence
or omission which constituted the alleged malpractice, carelessness,
or negligence complained of as to BERLIN OBGYN ASSOCIATES.
25. Set forth. a statement of each and every act of negligence
or omission which constituted the alleged carelessness, negligence,
strict product liability or fraudulent acts complained of as to
JANSSEN PRARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-JANSSEN
PHARAMACEUTICALS, INC.
26. Set forth a statement of each and every act of negligence
or omission which constituted the alleged carelessness, negligence,
strict product liability or fraudulent acts complained of as to ZYDOS
PRARMACEUTICALS USA, INC.
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27. If it is alleged that RICHARD PITCH, M.D., the -answering
defendant, is vicariously liable for the negligence, acts, commission
or omission of others, set forth:
(a) The name of the person connitting same or
if the names are not known, a physical description
sufficient to permit ready identification;
(b) The occupation of each such person and by whom
employed;
(c) A general statement of the negligent acts and/or
omissions allegedly committed by each such person;
(d) The dates and times of day each such negligent
act or omission was committed.
28, If it is alleged that the remaining defendants are
vicariously liable for the negligence, acts, commission or omission
of others, set forth:
(a) The name of the person committing some or
if the names are not known, a physical description
sufficient to permit ready identification;
(b) The occupation of each auch person and by whom
employed;
(c) A general statement of the negligent acts
and/or omissions allegedly committed by
each- such person;
(d) The dates and times of day each such negligent
act or omission was committed.
29. Set forth the name of each hospital or medical institution
at which the plaintiffs were admitted as a patient or treated as an
out-patient with respect to each and every condition complained of
herein.
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30. Set forth the name of each physician who rendered care to
the infant plaintiff, C S , and plaintiff, xxxxxx SCEALLER,
with respect to each and every condition complained of herein.
31. Set forth whether any claim is being made in this
litigation as to improper, unavailable, or defective equipment, and
if so, identify the equipment and state the defective condition and
the manner in which said equipment caused injury to the plaintiff,
0thup stENunn5.
32. Does the malpractice or wrongdoing claimed herein against
RICHARD PITCH, M.D., include: (YES) or (NO) as to each subdivision:
(a) misdiagnosis or failure to diagnose correctly;
(b) failure to perform a test or diagnostic procedure;
(c) failure to medicate, treat, or operate;
(d) giving a contraindicated medicine or performing
a contraindicated test or surgical procedure;
(e) administering a medicine or treatment or
performing a test or surgical procedure in a
manner contrary to accepted standards of medical
practice;
(f) failure to call appropriate consultations or to
heed the advice of consultants.
33, If the answer to any adbdivision of the preceding
paragraph is in the affirmative, a-nswer the corresponding subdivision
hereunder:
{a) state the diagnosis which it is claimed should
have been made and the dates and times at which it is
claimed that it should have been made;
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(b) state the tests or diagnostic procedures claimed
to have been required and the dates, times, and
places when and where each test or diagnostic
procedure should have been performed;
(c) state the medicines, treatments, or surgical
procedures claimed to have been required and the
dates, times, and places when and where each
should have been administered or performed;
(d) state the contraindicated medications or
procedures and the conditions existing which it is
claimed contraindicated each such medication or
procedure
(e) state the medications, treatments or procedures
claimed to have been administered or performed in a
manner contrary to accepted standards of practice and
the manner in which the defendant departed from such
standards;
(f) state the specific discipline or disciplines of
medicine that it is alleged should have been
consulted. .
34. Is any claim made against RICHARD PITCH, M.D., based upon
lack of information, disclosure or lack of informed consent?
35. If the response to the preceding demand is in the
affirmative, please set forth.
(a) a summary of the information which was given to
the plaintiff, xxxxxx xxxxxxxx;
(b) a summary of the information which it will be
claimed should have been given;
(c) a summary of all the information in possession of
the plaintiff from whatever source obtained;
(d) a description of any alternative treatment which it
will be claimed the plaintiff would have chosen with
a basis therefor;
7 .
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(e) whether plaintiff, PAMBLA xxxxxxxx, consented to any
treatment whatsoever and describe the extent of
consent and any restrictions or limitations placed
thereon.
36. Describe in detail each and every injury sustained by the
plaintiffs as a result of the alleged malpractice complained of,
indicating:
(a) The nature, extent, location and duration of the
injury or injuries; and
(b) A complete description of any injuries claimed to
be residual or permanent.
37. Give the length of time and specific dates it is claimed
that the infant plaintiff, OENGS mannuman, was confined by reason of
the alleged injuries to:
(a) Bed;
(b) House; and
(c) If treated at or confined in a hospital, the
name and address thereof and the dates of
admission and discharge.
38, Set forth separately the total amount claimed as and for
special damages on behalf of plaintiffs for:
(a) Hospital expenses;
Physicians'
(b) services;
(c) X-rays;
(d) Medical supplies;
Nurses'
(e) services;
(f) Loss of employment wages, if any.
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(g) Amount and nature describing in detail
any other special damages claimed.
39. Set forth whether the plaintiffs had any other expenses or
suffered any other pecuniary loss because of the incident alleged in
the Complaint. If so, for each expense and loss state:
(a) a description of such other expense and/or pecuniary
loss;
(b) how the injuries necessitated the expense or
caused the loss;
(c) the total amount of the expense or loss;
(d) the amount of each such expense and each such
loss paid by whom; and
(e) the estimated future expenses or losses, if any.
40. Set forth whether plaintiff, xxxxxx SCRALLER, or anyone on
her behalf or on behalf of plaintiff., CM , has ever filed
a claim or instituted a legal proceeding for the same injuries. If
so
a) State the date and place of each claim and
legal proceeding, and the names and addresses
of the parties to the action or claim and their
attorneys, if any;
b) if the action has been filed in a Court of Law, j.
set forth the title of each such action and the
respective Court Index number;
c) state the nature of the injuries claimed;
d) state the present status of each such claim and
legal proceeding. If terminated, give the
final result of each such claim and legal
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proceeding and any monetary judgment,
settlement or award.
41. Set forth whether it will be alleged that there was any
warranty breached either express or implied made by the answering
defendant or anyone on his behalf to the plaintiffs.
42. If the answer to the foregoing question is affirmative,
set forth by whom it was made, whether each warranty was oral or in
; writing; if oral, set forth the substance thereof and if written, set
forth a true copy thereof.
43. Set forth the date, time and place of each of the
aforesaid warranties. |
44. Set forth the manner in which each warranty was breached.
45. Set forth whether it will be alleged that there was any
warranty breached either express or implied made by the remaining
defendants or anyone on their behalf to the plaintiffs.
46. If the answer to the foregoing question is affirmative,
set forth by whom it was made, whether each warranty was oral or in
È
writing; if oral, set forth the substance thereof and if written, set
forth a true copy thereof.
47, Set forth the date, time and place of each of the
aforesaid warranties.
48. Set forth the manner in which each warranty was breached.
49. If it is claimed that the answering defendant failed to
perform his professional duties in accordance with any manuals, rules
and regulations, laws and ordinances, set forth the specific manuals,
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rules and regulations, laws and ordinances claimed to have been
violated with specific citation to title, volume and page numbers.
.
50. whether the plaintiffs'
State medical bills have been paid
or otherwise compensated by any collateral source. If so, state the
identity of any such collateral source, the plaintiff's group policy
or other identifying number, and the amount and extent of such
renumeration.
Dated: Mineola, New York
December 14, 2012
Yours, etc.,
LAW OFFICES OF
MITCHELL J. ANGEL, PLLC
BY: 1
NGELA FABIANO
Attorneys for Defendant
RICHARD PITCH, M.D.,
1 170 Old Country Road
Suite 210
Mineola, NY 115.01
(516) 741-3900
TO: NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plaintiff
8"
350 Avenue-Suite 7413
New York, NY 10118
(212) 267-3700
BOWER LAW, P.C.
Attorneys for Defendants
RONALD J. TADDEO, M.D ,
s/h/a RONALD J. TADEO, M.D.
and SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
11
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TO:
KELLY, DRYE & WARREN, LLP
Attorneys for Defendant
ZYDUS PHARMACECTICALS USA, INC.
101 Park Avenue
New York, NY 10178
SANTANGELO, BENVENUTO & SLATTERY
Attorneys for Defendants
SCOTT BERLIN, M.D., and
BERLIN OB/GYN ASSOCIATES
1800 Northern Boulevard
Roslyn, NY 11576
h
12
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
xxxxxx xxxxxxxx on behalf of xxxxx
xxxxxxxx, an Infant under the age of 18, and
xxxxxx xxxxxxxx Individually,
Index No.: 026910/12
Plaintiffs, AFFIDAVIT OF
SERVICE
-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. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
h PHARMACEUTICALS USA, INC.,
Defendants.
-...------- __ --.----- -----------.X
STATE OF NEW YORK )
)SS:
COUNTY OF NASSAU )
. JANINE GERSHUNY, being duly sworn, deposes and says:
I am not a party to this action. I an over 18 years of age and reside in Lake
Ronkonkoma, New York. On December 18, 2012, I served copies of the within DEMAND
FOR VERIFIED BILL OF PARTICULARS upon the following:
.. NAPOLI BERN RIPKA SHKOLNIK, LLP
Attorneys for Plaintiff
5*
350 Avenue-Suite 7413
New York, NY 10118
BOWER LAW, P.C.
Attorneys for Defendants
RONALD J. TADDEO, M.D.,
s/h/a RONALD J. TADEO, M.D.
and SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, NY 11556
FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019
SANTANGELO, BENVENUTO & SLATTERY
Attorneys for Defendants
SCOTT BERLIN, M.D., and
BERLIN OB/GYN ASSOCIATES
1800 Northern Boulevard
Roslyn, NY 11576
KELLY, DRYE & WARREN, LLP
Attorneys for Defendant
ZYDUS PHARMACEUTICALS USA, INC.
101 Park Avenue
New York, NY 10178
by depositing a true copy thereof in a post-paid wrapper, in an official depository under the
exclusive care and custody of the U.S. Postal Service within New York State, addressed to each
of the above persons.
ANINE GERSHUNY
Sworn to before me this
18th day of December, 2012
NOTARY PUBLIC
toRI A. RICOI
NotaryFuth, Sute of New Ybitt
No, 0! R©$0242
Qthi in NasetuCoim
Çctrj7dcGka OCL 2,
lispires
FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No. 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx
xxxxxxxx, 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
INC. k/n/a ORTHO-MCNEIL- .
PHARMACEUTICALS,
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
DEMAND FOR A VERIFIED BILL OF
PARTICULARS
LAW OFFICES OF
MITCHELL J. ANGEL, PLLC.
Attorneys for: Richard Pitch, M.D.
170 Old Country Road, Suite 210
MINEOLA, NEW YORK 11501
(516) 741-3900
Preview
FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK xxxxxx xxxxxxxx on behalf of OW S , an Infant under the age of 18, and xxxxxx xxxxxxxx Individually, . Index No,: 026910/12 Plaintiffs, DEMAND FOR A VERIFIED BILL OF -against- PARTICULAFG RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER., EAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN INC. k/n/a ORTHO-MCNEIL- PHARMACEUTICALS, JANSSEN PWARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. S I R S: PLEASE TAKE NOTICE, that you are required to serve the Verified Bill of plaintiffs' claims within following of Particulars ten (10) days of the date hereof: 1, State the full name, age, address and Social Security numbers of the plaintiffs. 2. Set forth the date of birth of the plaintiffs. 3. Set forth the date on which the plaintiff xxxxxx xxxxxxxx allegedly first came under the care/services of RICHARD PITCH, M.D. FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 4. Set forth the date on which the plaintiff xxxxxx xxxxxxxx allegedly first came under the care/services of RONALD J. TADDEO, M.D., s/h/a as RONALD J. TADEO, M.D. 5. Set forth the date on which the plaintiff xxxxxx xxxxxxxx allegedly first came under the care/services of SCOTT BERLIN, M.D. ! 6. Set forth the date on which the plaintiff, xxxxxx xxxxxxxx, allegedly first came under the care/services of SHORE PSYCHIATRIC CENTER. 7. Set forth the date on which the plaintiff, xxxxxx xxxxxxxx, allegedly first came under the care/services of FAMILY PSYCHOLOGY OF LONG ISLAND. 8. Set forth the date on which the plaintiff, xxxxxx xxxxxxxx, allegedly first came under the care/services of BERLIN OBGYN ASSOCIATES. 9, Set forth the date on which the plaintiffs allegedly first came under the services of IANSSEN INC. k/n/a ORTHO- PHARMACEUTICALS, MCNEIL-JANSSEN PHARMACEUTICALS, INC. 10. S.et forth the date on which the plaintiffs allegedly first came under the services of ZYDUS PHARMACEUTICALS USA, INC. 11. Set forth the precise dates that it will be claimed that RICHARD PITCH, M.D., allegedly committed negligent acts and/or omissions. 12. Set forth the precise dates that it will be claimed that RONALD J. TADDEO, M.D., s/h/a RONALD J. TADEO, M.D. allegedly committed negligent acts and/or omissions. 2 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 13. Set forth the precise dates that it will be claimed that SCOTT BERLIN, M.D., allegedly committed negligent acts and/or omissions. 14. Set forth the precise dates that it will be claimed that SHORE PSYCHIATRIC CENTER allegedly committed negligent acts and/or omissions. 15. Set forth the precise dates that it will be claimed that EAMILY PSYCHOLOGY OF LONG ISLAND allegedly committed negligent acts and/or omissions. 16. Set forth the precise dates that it will be claimed that BERLIN OBGYN ASSOCIATES allegedly committed negligent acts and/or omissions. 17. Set forth the precise dates that it w.ill be claimed that JANSSEN PRARMACEOTICALS, INC. k/n/a ORTHO-MCNEIL-JAN5SEN PHARMACEUTICALS, INC. allegedly committed negligent or intentional acts and/or omissions. . 18. Set forth the precise dates that it will be claimed that ZYDUS PHARMACEUTICALS USA, INC., allegedly committed negligent or intentional acts and/or omissions. 19. Set forth a atatement of each and every act of negligence or omission which constituted the alleged malpractice, carelessness, or negligence complained of as to RICHARD PITCH, M.D. 20. Set forth a statement of each and every act of negligence or omission which constituted the alleged malpractice, carelessness, 3 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 or negligence complained of as to RONALD J. TADDEO, M.D., s/h/a RONALD J. TADEO, M.D. 21. Set forth a statement of each and every act of negligence or omission which constituted the alleged malpractice, carelessness, or negligence complained of as to SCOTT BERLIN, M.D. 22, Set forth a statement of each and every act of negligence or omission which constituted the alleged malpractice, carelessness, or negligence complained of as to SHORE PSYCHIATRIC CENTER, 23. Set forth a statement of each and every act of negligence or omission which constituted the alleged malpractice, carelessness, or negligence complained of as to FAMIL.Y PSYCHOLOGY OF LONG ISLAND. 24. Set forth a statement of each and every act of negligence or omission which constituted the alleged malpractice, carelessness, or negligence complained of as to BERLIN OBGYN ASSOCIATES. 25. Set forth. a statement of each and every act of negligence or omission which constituted the alleged carelessness, negligence, strict product liability or fraudulent acts complained of as to JANSSEN PRARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-JANSSEN PHARAMACEUTICALS, INC. 26. Set forth a statement of each and every act of negligence or omission which constituted the alleged carelessness, negligence, strict product liability or fraudulent acts complained of as to ZYDOS PRARMACEUTICALS USA, INC. FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 27. If it is alleged that RICHARD PITCH, M.D., the -answering defendant, is vicariously liable for the negligence, acts, commission or omission of others, set forth: (a) The name of the person connitting same or if the names are not known, a physical description sufficient to permit ready identification; (b) The occupation of each such person and by whom employed; (c) A general statement of the negligent acts and/or omissions allegedly committed by each such person; (d) The dates and times of day each such negligent act or omission was committed. 28, If it is alleged that the remaining defendants are vicariously liable for the negligence, acts, commission or omission of others, set forth: (a) The name of the person committing some or if the names are not known, a physical description sufficient to permit ready identification; (b) The occupation of each auch person and by whom employed; (c) A general statement of the negligent acts and/or omissions allegedly committed by each- such person; (d) The dates and times of day each such negligent act or omission was committed. 29. Set forth the name of each hospital or medical institution at which the plaintiffs were admitted as a patient or treated as an out-patient with respect to each and every condition complained of herein. FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 30. Set forth the name of each physician who rendered care to the infant plaintiff, C S , and plaintiff, xxxxxx SCEALLER, with respect to each and every condition complained of herein. 31. Set forth whether any claim is being made in this litigation as to improper, unavailable, or defective equipment, and if so, identify the equipment and state the defective condition and the manner in which said equipment caused injury to the plaintiff, 0thup stENunn5. 32. Does the malpractice or wrongdoing claimed herein against RICHARD PITCH, M.D., include: (YES) or (NO) as to each subdivision: (a) misdiagnosis or failure to diagnose correctly; (b) failure to perform a test or diagnostic procedure; (c) failure to medicate, treat, or operate; (d) giving a contraindicated medicine or performing a contraindicated test or surgical procedure; (e) administering a medicine or treatment or performing a test or surgical procedure in a manner contrary to accepted standards of medical practice; (f) failure to call appropriate consultations or to heed the advice of consultants. 33, If the answer to any adbdivision of the preceding paragraph is in the affirmative, a-nswer the corresponding subdivision hereunder: {a) state the diagnosis which it is claimed should have been made and the dates and times at which it is claimed that it should have been made; FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 (b) state the tests or diagnostic procedures claimed to have been required and the dates, times, and places when and where each test or diagnostic procedure should have been performed; (c) state the medicines, treatments, or surgical procedures claimed to have been required and the dates, times, and places when and where each should have been administered or performed; (d) state the contraindicated medications or procedures and the conditions existing which it is claimed contraindicated each such medication or procedure (e) state the medications, treatments or procedures claimed to have been administered or performed in a manner contrary to accepted standards of practice and the manner in which the defendant departed from such standards; (f) state the specific discipline or disciplines of medicine that it is alleged should have been consulted. . 34. Is any claim made against RICHARD PITCH, M.D., based upon lack of information, disclosure or lack of informed consent? 35. If the response to the preceding demand is in the affirmative, please set forth. (a) a summary of the information which was given to the plaintiff, xxxxxx xxxxxxxx; (b) a summary of the information which it will be claimed should have been given; (c) a summary of all the information in possession of the plaintiff from whatever source obtained; (d) a description of any alternative treatment which it will be claimed the plaintiff would have chosen with a basis therefor; 7 . I FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 (e) whether plaintiff, PAMBLA xxxxxxxx, consented to any treatment whatsoever and describe the extent of consent and any restrictions or limitations placed thereon. 36. Describe in detail each and every injury sustained by the plaintiffs as a result of the alleged malpractice complained of, indicating: (a) The nature, extent, location and duration of the injury or injuries; and (b) A complete description of any injuries claimed to be residual or permanent. 37. Give the length of time and specific dates it is claimed that the infant plaintiff, OENGS mannuman, was confined by reason of the alleged injuries to: (a) Bed; (b) House; and (c) If treated at or confined in a hospital, the name and address thereof and the dates of admission and discharge. 38, Set forth separately the total amount claimed as and for special damages on behalf of plaintiffs for: (a) Hospital expenses; Physicians' (b) services; (c) X-rays; (d) Medical supplies; Nurses' (e) services; (f) Loss of employment wages, if any. 8 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 (g) Amount and nature describing in detail any other special damages claimed. 39. Set forth whether the plaintiffs had any other expenses or suffered any other pecuniary loss because of the incident alleged in the Complaint. If so, for each expense and loss state: (a) a description of such other expense and/or pecuniary loss; (b) how the injuries necessitated the expense or caused the loss; (c) the total amount of the expense or loss; (d) the amount of each such expense and each such loss paid by whom; and (e) the estimated future expenses or losses, if any. 40. Set forth whether plaintiff, xxxxxx SCRALLER, or anyone on her behalf or on behalf of plaintiff., CM , has ever filed a claim or instituted a legal proceeding for the same injuries. If so a) State the date and place of each claim and legal proceeding, and the names and addresses of the parties to the action or claim and their attorneys, if any; b) if the action has been filed in a Court of Law, j. set forth the title of each such action and the respective Court Index number; c) state the nature of the injuries claimed; d) state the present status of each such claim and legal proceeding. If terminated, give the final result of each such claim and legal 9 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 proceeding and any monetary judgment, settlement or award. 41. Set forth whether it will be alleged that there was any warranty breached either express or implied made by the answering defendant or anyone on his behalf to the plaintiffs. 42. If the answer to the foregoing question is affirmative, set forth by whom it was made, whether each warranty was oral or in ; writing; if oral, set forth the substance thereof and if written, set forth a true copy thereof. 43. Set forth the date, time and place of each of the aforesaid warranties. | 44. Set forth the manner in which each warranty was breached. 45. Set forth whether it will be alleged that there was any warranty breached either express or implied made by the remaining defendants or anyone on their behalf to the plaintiffs. 46. If the answer to the foregoing question is affirmative, set forth by whom it was made, whether each warranty was oral or in È writing; if oral, set forth the substance thereof and if written, set forth a true copy thereof. 47, Set forth the date, time and place of each of the aforesaid warranties. 48. Set forth the manner in which each warranty was breached. 49. If it is claimed that the answering defendant failed to perform his professional duties in accordance with any manuals, rules and regulations, laws and ordinances, set forth the specific manuals, 10 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 rules and regulations, laws and ordinances claimed to have been violated with specific citation to title, volume and page numbers. . 50. whether the plaintiffs' State medical bills have been paid or otherwise compensated by any collateral source. If so, state the identity of any such collateral source, the plaintiff's group policy or other identifying number, and the amount and extent of such renumeration. Dated: Mineola, New York December 14, 2012 Yours, etc., LAW OFFICES OF MITCHELL J. ANGEL, PLLC BY: 1 NGELA FABIANO Attorneys for Defendant RICHARD PITCH, M.D., 1 170 Old Country Road Suite 210 Mineola, NY 115.01 (516) 741-3900 TO: NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plaintiff 8" 350 Avenue-Suite 7413 New York, NY 10118 (212) 267-3700 BOWER LAW, P.C. Attorneys for Defendants RONALD J. TADDEO, M.D , s/h/a RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 11 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 TO: KELLY, DRYE & WARREN, LLP Attorneys for Defendant ZYDUS PHARMACECTICALS USA, INC. 101 Park Avenue New York, NY 10178 SANTANGELO, BENVENUTO & SLATTERY Attorneys for Defendants SCOTT BERLIN, M.D., and BERLIN OB/GYN ASSOCIATES 1800 Northern Boulevard Roslyn, NY 11576 h 12 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an Infant under the age of 18, and xxxxxx xxxxxxxx Individually, Index No.: 026910/12 Plaintiffs, AFFIDAVIT OF SERVICE -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. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC. and ZYDUS h PHARMACEUTICALS USA, INC., Defendants. -...------- __ --.----- -----------.X STATE OF NEW YORK ) )SS: COUNTY OF NASSAU ) . JANINE GERSHUNY, being duly sworn, deposes and says: I am not a party to this action. I an over 18 years of age and reside in Lake Ronkonkoma, New York. On December 18, 2012, I served copies of the within DEMAND FOR VERIFIED BILL OF PARTICULARS upon the following: .. NAPOLI BERN RIPKA SHKOLNIK, LLP Attorneys for Plaintiff 5* 350 Avenue-Suite 7413 New York, NY 10118 BOWER LAW, P.C. Attorneys for Defendants RONALD J. TADDEO, M.D., s/h/a RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, NY 11556 FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 SANTANGELO, BENVENUTO & SLATTERY Attorneys for Defendants SCOTT BERLIN, M.D., and BERLIN OB/GYN ASSOCIATES 1800 Northern Boulevard Roslyn, NY 11576 KELLY, DRYE & WARREN, LLP Attorneys for Defendant ZYDUS PHARMACEUTICALS USA, INC. 101 Park Avenue New York, NY 10178 by depositing a true copy thereof in a post-paid wrapper, in an official depository under the exclusive care and custody of the U.S. Postal Service within New York State, addressed to each of the above persons. ANINE GERSHUNY Sworn to before me this 18th day of December, 2012 NOTARY PUBLIC toRI A. RICOI NotaryFuth, Sute of New Ybitt No, 0! R©$0242 Qthi in NasetuCoim Çctrj7dcGka OCL 2, lispires FILED: SUFFOLK COUNTY CLERK 01/10/2019 10:08 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 77 RECEIVED NYSCEF: 01/10/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, 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 INC. k/n/a ORTHO-MCNEIL- . PHARMACEUTICALS, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. DEMAND FOR A VERIFIED BILL OF PARTICULARS LAW OFFICES OF MITCHELL J. ANGEL, PLLC. Attorneys for: Richard Pitch, M.D. 170 Old Country Road, Suite 210 MINEOLA, NEW YORK 11501 (516) 741-3900