Preview
FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-------------------------------------------------------------------------X
C*****
xxxxxx xxxxxxxx on behalf of S*****, Index No.: 026910/12
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually,
Plaintiffs, NOTICE OF APPEAL
-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, HANSSEN
INC. k/n/a ORTHO-MCNEIL-
PHARMACEUTICALS,
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
__---------------______--------------------------------------------X
COUNSELORS
PLEASE TAKE NOTICE, that BOWER LAW, P.C., attorneys for the defendants,
RONALD J. TADDEO, M.D. s/h/a RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC
CENTER, hereby appeals to the Appellate Division of the Supreme Court, Second Judicial
Department, from an Order by the Honorable Justice William B. Rebolini entered in the Office
13*
of the Clerk of the Court on the day of January, 2020.
Dated: Uniondale, New York
January 15, 2020
Yours, etc.
BOWER LAW P.C.
Bruce E. Wingate
Attorneys for Defenc is
RONALD J. TADDEO, M.D. s/h/a
RONALD J. TADEO, M.D. and
SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, New York 11556
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(516) 881-4380
TO: NAPOLI SHKOLNIK, PLLC
Attorneys for Plaintiffs
'
360 Lexington Avenue, 11 Floor
New York, New York 10017
(212) 267-3700
ANGEL & McCARTHY, PLLC
Attorneys for Defendant
RICHARD PITCH, M.D.
170 Old Country Road, Suite 210
Mineola, New York 11501
(516) 741-3900
BARTLETT, LLP
Attorneys for Defendants
SCOTT BERLIN, M.D. and
BERLIN OB/GYN ASSOCIATES
320 Carleton Avenue, Suite 7500
Central Islip, New York 11722
(631) 277-0300
KAUFMAN BORGEEST & RYAN, LLP
Attorneysfor Defendants
FAMILY PSYCHOLOGY OF LONG ISLAND
1205 Franklin Avenue, Suite 200
Garden City, New York 11530
(516) 248-6000
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9upreme Eaurt of 11e 9tate of Netu Work
Appellate Binistan: Second3lubicial Bepartntent
Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil
[a])
For Court of Original Instance
xxxxxx xxxxxxxx on behalf of C.S. , an infant under the age of 18, and
xxxxxx xxxxxxxx, Individually
Date Notice of Appeal Filed
- against -
Ronald J. Tadeo, M.D., et al.
For Appellate Division
iling Type
O Civil Action O CPLR article 78 Proceeding Appeal O Transferred Proceeding
O CPLR article 75 Arbitration O Special Proceeding Other O Original Proceedings O CPLR Article 78
Action Commenced under CPLR 214-g O CPLR Article 78 O Executive Law § 298
Habeas Corpus Proceeding
O Eminent Domain O CPLR 5704 Review
Labor Law 220 or 220-b
O Public Officers Law § 36
O Real Property Tax Law § 1278
O Administ tÏve Review 3Business Relationships O Comme ia O Contrac
O Declaratory Judgment O Domestic Relations O Election Law O Estate Matters
O Family Court O Mortgage Foreclosure O Miscellaneous O Prisoner Discipline & Parole
O Real Property O Statutory O Taxation liil Torts
(other than foreclosure)
Informational Statement - Civil
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NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020
Paper Appealed From (Check one only): If an appeal has been taken from more than one order or
judgment by the filing of this notice of appeal, please
indicate the below information for each such order or
judgment appealed from on a separate sheet of paper.
O Amended Decree O Determination E Order O Resettled Order
O Amended Judgement O Finding O Order & Judgment O Ruling
O Amended Order O Interlocutory Decree O Partial Decree O Other (specify):
O Decision O Interlocutory Judgment O Resettled Decree
O Decree O Judgment O Resettled Judgment
Court: Supreme Court County: Suffolk 8
Dated: 01/13/2020 Entered: January 13, 2020
Judge (name in full):William B. Rebolini Index No.:26910/2012
Stage: E Interlocutory O Final O Post-Final Trial: O Yes a No If Yes: O Jury O Non-Jury
Prior Unperfected Appeal and Related Case Information
Are any appeals arising in the same action or proceeding currently pending in the court? O Yes No
If Yes, please set forth the Appellate Division Case Number assigned to each such appeal.
Not Applicable
Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other
jurisdiction, and if so, the status of the case:
Not Applicable
Commenced by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus Date Filed:
Statute authorizing commencement of proceeding in the Appellate Division:
Court: Choose Court County: Choose Countv
Judge (name in full): Order of Transfer Date:
Court: Choose Court
Judge (name in full): Dated:
Description If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief
requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred
pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the
nature of the ex parte order to be reviewed.
Appeal from Order denying motion summary judgment and dismissal of the complaint as to defendant
Ronald J. Tadeo and Shore Psychiatric Center
Informational Statement - Civil
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issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds
for reversal, or modification to be advanced and the specific relief sought on appeal.
Appeal from each and every decision in the order including that questions of fact exist which preclude
granting summary judgment and dismissal of the complaint as to defendants Ronald J. Tadeo, M.D., and
Shore Psychiatric Center
Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an
appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this
form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this
court.
No. Party Name Original Status Appellate Division Status
1 xxxxxx xxxxxxxx on behalf of C.S. an infant under the age of18 Plaintiff 5 Respondent B
2 xxxxxx xxxxxxxx, Individually Plaintiff 5{Respondent 8
3 Ronald J. Tadeo, M.D. Defendant 5 Appellant B
4 Richard Pitch, M.D. Defendant
5 scott Berlin, M.D. Defendant
6 shore Psychiatric Center Defendant S Appellant B
7 Family Psychology of Long island Defendant
8 Berlin OBGYN Associates Defendant
9 Hanssen Pharmaceuticals, Inc. Defendant
10 Zydus Pharmaceuticals USA, Inc. Defendant
11
12
13
14
15
16
17
18
19
20
Informational Statement - Civil
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Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the
notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division,
only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or
Se"
himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied
in the spaces provided.
Attorney/Firm Name: Napoli Shkolnik, PLLC
Address: 360 Lexington Avenue, 11th Floor
City: New York State: NY Zip:10017 | Telephone No:
E-mail Address:
Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above)'l, 3
Attorney/Firm Name: Bower Law, P.C.
Address: 1220 RXR Plaza
City: Uniondale State:NY Zip:11556 Telephone No: (516) 881-4380
E-mail Address: bwingate@blawpc.com
Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 3, 6
Attorney/Firm Name: Angel & McCarthy, PLLC
Address: 170 Old Country Road, Suite 210
City: Mineolo State:NY Zip:11501 Telephone No:
. .
E-mail Address:
Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):4
Attorney/Firm Name: Bartlett, LLP
Address: 320 Carleton Avenue, Suite 7500
City: Central Islip State:NY Zip:11722 Telephone No:
E-mail Address:
Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above):5, 8
Attorney/Firm Name: Kaufman, Boorgeet & Ryan, LLP
Address: 1205 Franklin Avenue, Suite 200
City:Garden City State: NY Zip:11530 Telephone No:
E-mail Address:
Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice
or Parties Represented (set forth number(s) from table above): 7
Party party
Attorney/Firm Name: Kelley Drye & Warren LLP
Address: 400 Atlantic Street
City: Stamford State:CT Zip:06901 Telephone No:(203) 324-1400
E-mail Address:
Attorney Type: a Retained O Assigned O Government O Pro Se O Pro Hac Vice
Party or Parties Represented (set forth party number(s) from table above): 10
Informational Statement - Civil
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BWF R
NYSCEF DOC. NO. 12 7 . RECEIVED NYSCEF : 01/13/2020
Short Fonn Order
SUPREME COURT - STATE OF NEW YORK
I.A.S. PART 7 - SUFFOLK COUNTY
PRESENT:
WILLIAM B. REBOLINI
Justice
. .
xxxxxx xxxxxxxx on behalf of C , Index No.: 26910/2012E
an infant under the age of 18 years,
and xxxxxx xxxxxxxx, individually, [Attorneys See Rider Annexed]
Plaintiff, Motion Sequence No.: 004;.MG /
Motion Date: 2/13/19
-against- Submitted: 5/22/19
Ronald J. Tadeo, M.D., Richard Pitch,.M.D., Motion Sequence No.: 005; MOTD
Scott Berlin, M.D., Shore Psychiatric Center, Motion Date: 2/13/19
Family Psychology of Long Island, Berlin . Submitted: 5/22/19
OB/GYN Associates, Janssen Pharmaceuticals, Inc.
k/n/a Ortho-McNeil-Janssen Pharmaceuticals, Inc., Motion Sequence No.: 007; MG
and Zydus Pharmaceuticals USA, Inc., Motion Date: 2/20/19
Submitted: 5/22/19
Defendants.
Motion Sequence No.: 008; MG
Motion Date: 2/20/19
Submitted: 5/22/19
Motion Sequence No.: 009; MD
Motion Date: 2/20/19
Submitted: 5/22/19
Upon the following papers read on these motions for summary judgment: Notice of Motion .
and supporting papers by defendants Scott Berlin, M.D., and Berlin OB/GYN Associates, dated
January 3, 2019; Notice of Motion and supporting papers by defendants Ronald Taddeo, M.D., and
Shore Psychiatric Center, dated January 9, 2019; Notice of Motion and supporting papers by
defendant Family Psychology of Long Island, P.C., dated January 9, 2019; Notice of Motion and
supporting papers by defendant Richard Pitch, M.D., dated January 10, 2019; Notice of Cross
Motion and supporting papers by defendant Family Psychology ofLong1sland, P.C., dated February
12, 2019; Answering Affidavits and supporting papers by the plaintiffs, dated May 6, 2019; Reply
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0
[FILED : SUF FOLÊ COUNTŸ CLERK 0 1/21W2 012·0 :00DJ19M
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 01/13/2020
xxxxxxxx v. Tadeo. et al.
Index No.: 26910/2012
Page 2
Affidavits and supporting papers by defendants Scott Berlin, M.D., and Berlin OB/GYN Associates,
dated May 16, 2019; Reply Affidavits and supporting papers by defendant Richard Pitch, M.D.,
dated May 20, 2019; Reply Affidavits and supporting papers by defendants Ronald Taddeo, M.D.,
and Shore Psychiatric Center, dated May 21, 2019; Reply Affidavits and supporting papers by
defendant Family Psychology of Long Island, P.C., dated May 21, 2019; it is
ORDERED that the motion (seq. 004) by defendants Scott Berlin, M.D., and Berlin
OB/GYN Associates, the motion (seq.by defendants
005) Ronald Taddeo, M.D., and Shore
Psychiatric Center, the motion (seq. 007) by defendant Family Psychology of Long Island, P.C., the
motion (seq. 008) by defendant Richard Pitch, M.D., and the cross motion (seq. 009) by defendant
Family Psychology of Long Island, P.C., are consolidated for purposes of this determination; and
it is
ORDERED that the motion by defendants Scott Berlin, M.D., and Berlin OB/GYN
Associates for summary judgment dismissing the complaint against them is granted; and it is
ORDERED that the motion defendants Ronald Taddeo, M.D., and Shore Psychiatric
by
Center for judgment dismissing the complaint against them is granted to the extent
summary
provided herein, and is otherwise denied; and it is
ORDERED of for
that the motion by defendant Family Psychology Long Island, P.C.,
judgment the complaint against it is granted; and it is
summary dismissing
ORDERED that the motion defendant Richard Pitch, M.D., for summary judgment
by
the complaint against him is granted; and it is further
dismissing
of Long for
ORDERED that the cross motion by defendant Family Psychology Island, P.C.,
judgment the complaint against it is denied, as moot.
summary dismissing
xxxxxx and on behalf of her
This action was commenced by plaintiff xxxxxxxx, individually,
an infant under the age of damages for injuries they allegedly sustained as a
son, C.S., 18, seeking
defendants' C.S. was born with, other
result of negligence. Generally, plaintiffs allege that among
a cleft and cleft palate as a result of xxxxxx xxxxxxxx's ingestion of the prescribed
things, lip
medication Topamax and/or its generic equivalent, topiramate, both prior to, and during, her
"Topamax"
pregnancy. For the purposes of this decision, the use of the term by the Court will
both Topamax and its generic equivalent. It is undisputed that Mrs. xxxxxxxx has a history
signify
of various psychological conditions, including depression, resulting in multiple suicide attempts.
It is further undisputed that Mrs. xxxxxxxx's psychiatrist, defendant Dr. Ronald Taddeo, prescribed
in addition to many other medications, in an attempt to treat her disorders. Plaintiffs
Topamax,
assert causes of action against the medical provider defendants, alleging medical malpractice, lack
of informed and vicarious liability. Plaintiffs also assert causes of action against the
consent,
pharmaceutical defendants, alleging strict products liability, negligence, negligent design, fraud,
misrepresentation, suppression, constructive fraud, breach of express and implied warranties, and
2 o f 13
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xxxxxxxx v. Tadeo, et al.
Index No.: 26910/2012
Page 3
gross negligence. An infant compromise order was signed on January 30, 2019, memorializing a
plaintiffs'
settlement of claims against the pharmaceutical company defendants Janssen
Pharmaceuticals, Inc., and Zydus Pharmaceuticals (USA), Inc., only.
Defendants Scott Berlin, M.D. and Berlin OB/GYN Associates (collectively, the Berlin
defendants) now move for summary judgment in their favor, arguing that did not depart from
they
the standard of care, that they did not prescribe the medications in question, that their treatment of
plaintiffs was not a substantial contributing factor to the alleged injuries, and that cautioned
they
against all medications. In support of their motion, they submit, among other things, transcripts of
deposition testimony, certified medical records, and the expert affirmations of Dr. Howard
Nathanson and Dr. Steven Fayer.
Defendants Ronald Taddeo,
Preview
FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -------------------------------------------------------------------------X C***** xxxxxx xxxxxxxx on behalf of S*****, Index No.: 026910/12 an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, Plaintiffs, NOTICE OF APPEAL -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, HANSSEN INC. k/n/a ORTHO-MCNEIL- PHARMACEUTICALS, JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. __---------------______--------------------------------------------X COUNSELORS PLEASE TAKE NOTICE, that BOWER LAW, P.C., attorneys for the defendants, RONALD J. TADDEO, M.D. s/h/a RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER, hereby appeals to the Appellate Division of the Supreme Court, Second Judicial Department, from an Order by the Honorable Justice William B. Rebolini entered in the Office 13* of the Clerk of the Court on the day of January, 2020. Dated: Uniondale, New York January 15, 2020 Yours, etc. BOWER LAW P.C. Bruce E. Wingate Attorneys for Defenc is RONALD J. TADDEO, M.D. s/h/a RONALD J. TADEO, M.D. and SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, New York 11556 1 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 (516) 881-4380 TO: NAPOLI SHKOLNIK, PLLC Attorneys for Plaintiffs ' 360 Lexington Avenue, 11 Floor New York, New York 10017 (212) 267-3700 ANGEL & McCARTHY, PLLC Attorneys for Defendant RICHARD PITCH, M.D. 170 Old Country Road, Suite 210 Mineola, New York 11501 (516) 741-3900 BARTLETT, LLP Attorneys for Defendants SCOTT BERLIN, M.D. and BERLIN OB/GYN ASSOCIATES 320 Carleton Avenue, Suite 7500 Central Islip, New York 11722 (631) 277-0300 KAUFMAN BORGEEST & RYAN, LLP Attorneysfor Defendants FAMILY PSYCHOLOGY OF LONG ISLAND 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 (516) 248-6000 2 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 9upreme Eaurt of 11e 9tate of Netu Work Appellate Binistan: Second3lubicial Bepartntent Informational Statement (Pursuant to 22 NYCRR 1250.3 - Civil [a]) For Court of Original Instance xxxxxx xxxxxxxx on behalf of C.S. , an infant under the age of 18, and xxxxxx xxxxxxxx, Individually Date Notice of Appeal Filed - against - Ronald J. Tadeo, M.D., et al. For Appellate Division iling Type O Civil Action O CPLR article 78 Proceeding Appeal O Transferred Proceeding O CPLR article 75 Arbitration O Special Proceeding Other O Original Proceedings O CPLR Article 78 Action Commenced under CPLR 214-g O CPLR Article 78 O Executive Law § 298 Habeas Corpus Proceeding O Eminent Domain O CPLR 5704 Review Labor Law 220 or 220-b O Public Officers Law § 36 O Real Property Tax Law § 1278 O Administ tÏve Review 3Business Relationships O Comme ia O Contrac O Declaratory Judgment O Domestic Relations O Election Law O Estate Matters O Family Court O Mortgage Foreclosure O Miscellaneous O Prisoner Discipline & Parole O Real Property O Statutory O Taxation liil Torts (other than foreclosure) Informational Statement - Civil 3 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 Paper Appealed From (Check one only): If an appeal has been taken from more than one order or judgment by the filing of this notice of appeal, please indicate the below information for each such order or judgment appealed from on a separate sheet of paper. O Amended Decree O Determination E Order O Resettled Order O Amended Judgement O Finding O Order & Judgment O Ruling O Amended Order O Interlocutory Decree O Partial Decree O Other (specify): O Decision O Interlocutory Judgment O Resettled Decree O Decree O Judgment O Resettled Judgment Court: Supreme Court County: Suffolk 8 Dated: 01/13/2020 Entered: January 13, 2020 Judge (name in full):William B. Rebolini Index No.:26910/2012 Stage: E Interlocutory O Final O Post-Final Trial: O Yes a No If Yes: O Jury O Non-Jury Prior Unperfected Appeal and Related Case Information Are any appeals arising in the same action or proceeding currently pending in the court? O Yes No If Yes, please set forth the Appellate Division Case Number assigned to each such appeal. Not Applicable Where appropriate, indicate whether there is any related action or proceeding now in any court of this or any other jurisdiction, and if so, the status of the case: Not Applicable Commenced by: O Order to Show Cause O Notice of Petition O Writ of Habeas Corpus Date Filed: Statute authorizing commencement of proceeding in the Appellate Division: Court: Choose Court County: Choose Countv Judge (name in full): Order of Transfer Date: Court: Choose Court Judge (name in full): Dated: Description If an appeal, briefly describe the paper appealed from. If the appeal is from an order, specify the relief requested and whether the motion was granted or denied. If an original proceeding commenced in this court or transferred pursuant to CPLR 7804(g), briefly describe the object of proceeding. If an application under CPLR 5704, briefly describe the nature of the ex parte order to be reviewed. Appeal from Order denying motion summary judgment and dismissal of the complaint as to defendant Ronald J. Tadeo and Shore Psychiatric Center Informational Statement - Civil 4 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 issues: Specify the issues proposed to be raised on the appeal, proceeding, or application for CPLR 5704 review, the grounds for reversal, or modification to be advanced and the specific relief sought on appeal. Appeal from each and every decision in the order including that questions of fact exist which preclude granting summary judgment and dismissal of the complaint as to defendants Ronald J. Tadeo, M.D., and Shore Psychiatric Center Instructions: Fill in the name of each party to the action or proceeding, one name per line. If this form is to be filed for an appeal, indicate the status of the party in the court of original instance and his, her, or its status in this court, if any. If this form is to be filed for a proceeding commenced in this court, fill in only the party's name and his, her, or its status in this court. No. Party Name Original Status Appellate Division Status 1 xxxxxx xxxxxxxx on behalf of C.S. an infant under the age of18 Plaintiff 5 Respondent B 2 xxxxxx xxxxxxxx, Individually Plaintiff 5{Respondent 8 3 Ronald J. Tadeo, M.D. Defendant 5 Appellant B 4 Richard Pitch, M.D. Defendant 5 scott Berlin, M.D. Defendant 6 shore Psychiatric Center Defendant S Appellant B 7 Family Psychology of Long island Defendant 8 Berlin OBGYN Associates Defendant 9 Hanssen Pharmaceuticals, Inc. Defendant 10 Zydus Pharmaceuticals USA, Inc. Defendant 11 12 13 14 15 16 17 18 19 20 Informational Statement - Civil 5 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 Instructions: Fill in the names of the attorneys or firms for the respective parties. If this form is to be filed with the notice of petition or order to show cause by which a special proceeding is to be commenced in the Appellate Division, only the name of the attorney for the petitioner need be provided. In the event that a litigant represents herself or Se" himself, the box marked "Pro must be checked and the appropriate information for that litigant must be supplied in the spaces provided. Attorney/Firm Name: Napoli Shkolnik, PLLC Address: 360 Lexington Avenue, 11th Floor City: New York State: NY Zip:10017 | Telephone No: E-mail Address: Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above)'l, 3 Attorney/Firm Name: Bower Law, P.C. Address: 1220 RXR Plaza City: Uniondale State:NY Zip:11556 Telephone No: (516) 881-4380 E-mail Address: bwingate@blawpc.com Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 3, 6 Attorney/Firm Name: Angel & McCarthy, PLLC Address: 170 Old Country Road, Suite 210 City: Mineolo State:NY Zip:11501 Telephone No: . . E-mail Address: Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):4 Attorney/Firm Name: Bartlett, LLP Address: 320 Carleton Avenue, Suite 7500 City: Central Islip State:NY Zip:11722 Telephone No: E-mail Address: Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above):5, 8 Attorney/Firm Name: Kaufman, Boorgeet & Ryan, LLP Address: 1205 Franklin Avenue, Suite 200 City:Garden City State: NY Zip:11530 Telephone No: E-mail Address: Attorney Type: Retained O Assigned O Government O Pro Se O Pro Hac Vice or Parties Represented (set forth number(s) from table above): 7 Party party Attorney/Firm Name: Kelley Drye & Warren LLP Address: 400 Atlantic Street City: Stamford State:CT Zip:06901 Telephone No:(203) 324-1400 E-mail Address: Attorney Type: a Retained O Assigned O Government O Pro Se O Pro Hac Vice Party or Parties Represented (set forth party number(s) from table above): 10 Informational Statement - Civil 6 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 (FILED: SUFFOLK COUNTY CLERK 0 1 /M2M 0P2 BWF R NYSCEF DOC. NO. 12 7 . RECEIVED NYSCEF : 01/13/2020 Short Fonn Order SUPREME COURT - STATE OF NEW YORK I.A.S. PART 7 - SUFFOLK COUNTY PRESENT: WILLIAM B. REBOLINI Justice . . xxxxxx xxxxxxxx on behalf of C , Index No.: 26910/2012E an infant under the age of 18 years, and xxxxxx xxxxxxxx, individually, [Attorneys See Rider Annexed] Plaintiff, Motion Sequence No.: 004;.MG / Motion Date: 2/13/19 -against- Submitted: 5/22/19 Ronald J. Tadeo, M.D., Richard Pitch,.M.D., Motion Sequence No.: 005; MOTD Scott Berlin, M.D., Shore Psychiatric Center, Motion Date: 2/13/19 Family Psychology of Long Island, Berlin . Submitted: 5/22/19 OB/GYN Associates, Janssen Pharmaceuticals, Inc. k/n/a Ortho-McNeil-Janssen Pharmaceuticals, Inc., Motion Sequence No.: 007; MG and Zydus Pharmaceuticals USA, Inc., Motion Date: 2/20/19 Submitted: 5/22/19 Defendants. Motion Sequence No.: 008; MG Motion Date: 2/20/19 Submitted: 5/22/19 Motion Sequence No.: 009; MD Motion Date: 2/20/19 Submitted: 5/22/19 Upon the following papers read on these motions for summary judgment: Notice of Motion . and supporting papers by defendants Scott Berlin, M.D., and Berlin OB/GYN Associates, dated January 3, 2019; Notice of Motion and supporting papers by defendants Ronald Taddeo, M.D., and Shore Psychiatric Center, dated January 9, 2019; Notice of Motion and supporting papers by defendant Family Psychology of Long Island, P.C., dated January 9, 2019; Notice of Motion and supporting papers by defendant Richard Pitch, M.D., dated January 10, 2019; Notice of Cross Motion and supporting papers by defendant Family Psychology ofLong1sland, P.C., dated February 12, 2019; Answering Affidavits and supporting papers by the plaintiffs, dated May 6, 2019; Reply 1 of 13 7 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 0 [FILED : SUF FOLÊ COUNTŸ CLERK 0 1/21W2 012·0 :00DJ19M NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 01/13/2020 xxxxxxxx v. Tadeo. et al. Index No.: 26910/2012 Page 2 Affidavits and supporting papers by defendants Scott Berlin, M.D., and Berlin OB/GYN Associates, dated May 16, 2019; Reply Affidavits and supporting papers by defendant Richard Pitch, M.D., dated May 20, 2019; Reply Affidavits and supporting papers by defendants Ronald Taddeo, M.D., and Shore Psychiatric Center, dated May 21, 2019; Reply Affidavits and supporting papers by defendant Family Psychology of Long Island, P.C., dated May 21, 2019; it is ORDERED that the motion (seq. 004) by defendants Scott Berlin, M.D., and Berlin OB/GYN Associates, the motion (seq.by defendants 005) Ronald Taddeo, M.D., and Shore Psychiatric Center, the motion (seq. 007) by defendant Family Psychology of Long Island, P.C., the motion (seq. 008) by defendant Richard Pitch, M.D., and the cross motion (seq. 009) by defendant Family Psychology of Long Island, P.C., are consolidated for purposes of this determination; and it is ORDERED that the motion by defendants Scott Berlin, M.D., and Berlin OB/GYN Associates for summary judgment dismissing the complaint against them is granted; and it is ORDERED that the motion defendants Ronald Taddeo, M.D., and Shore Psychiatric by Center for judgment dismissing the complaint against them is granted to the extent summary provided herein, and is otherwise denied; and it is ORDERED of for that the motion by defendant Family Psychology Long Island, P.C., judgment the complaint against it is granted; and it is summary dismissing ORDERED that the motion defendant Richard Pitch, M.D., for summary judgment by the complaint against him is granted; and it is further dismissing of Long for ORDERED that the cross motion by defendant Family Psychology Island, P.C., judgment the complaint against it is denied, as moot. summary dismissing xxxxxx and on behalf of her This action was commenced by plaintiff xxxxxxxx, individually, an infant under the age of damages for injuries they allegedly sustained as a son, C.S., 18, seeking defendants' C.S. was born with, other result of negligence. Generally, plaintiffs allege that among a cleft and cleft palate as a result of xxxxxx xxxxxxxx's ingestion of the prescribed things, lip medication Topamax and/or its generic equivalent, topiramate, both prior to, and during, her "Topamax" pregnancy. For the purposes of this decision, the use of the term by the Court will both Topamax and its generic equivalent. It is undisputed that Mrs. xxxxxxxx has a history signify of various psychological conditions, including depression, resulting in multiple suicide attempts. It is further undisputed that Mrs. xxxxxxxx's psychiatrist, defendant Dr. Ronald Taddeo, prescribed in addition to many other medications, in an attempt to treat her disorders. Plaintiffs Topamax, assert causes of action against the medical provider defendants, alleging medical malpractice, lack of informed and vicarious liability. Plaintiffs also assert causes of action against the consent, pharmaceutical defendants, alleging strict products liability, negligence, negligent design, fraud, misrepresentation, suppression, constructive fraud, breach of express and implied warranties, and 2 o f 13 8 of 20 FILED: SUFFOLK COUNTY CLERK 01/15/2020 11:50 AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 139 RECEIVED NYSCEF: 01/15/2020 [FILED: SUFFOLK COUNT ÒLERK 01/15226200 20 W 0 M NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 01/13/2020 xxxxxxxx v. Tadeo, et al. Index No.: 26910/2012 Page 3 gross negligence. An infant compromise order was signed on January 30, 2019, memorializing a plaintiffs' settlement of claims against the pharmaceutical company defendants Janssen Pharmaceuticals, Inc., and Zydus Pharmaceuticals (USA), Inc., only. Defendants Scott Berlin, M.D. and Berlin OB/GYN Associates (collectively, the Berlin defendants) now move for summary judgment in their favor, arguing that did not depart from they the standard of care, that they did not prescribe the medications in question, that their treatment of plaintiffs was not a substantial contributing factor to the alleged injuries, and that cautioned they against all medications. In support of their motion, they submit, among other things, transcripts of deposition testimony, certified medical records, and the expert affirmations of Dr. Howard Nathanson and Dr. Steven Fayer. Defendants Ronald Taddeo,