Preview
FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
---------------------------------------------------------x
THERESA ROBINSON and DEREK Index No.: 717964/2018
ROBINSON,
EXPERT WITNESS
Plaintiffs, DISCLOSURE PURSUANT
TO CPLR 3101(d)
- against -
LONG ISLAND JEWISH MEDICAL
CENTER, DEEPAK NANDA, M.D., P.C., and
EMMANUEL M. PAFOS, M.D.,
Defendants.
---------------------------------------------------------x
COUNSEL:
PLEASE TAKE NOTICE, that the defendant LONG ISLAND JEWISH
MEDICAL CENTER (hereinafter “defendant”) by its attorneys, SHAUB, AHMUTY,
CITRIN & SPRATT, LLP, hereby provide expert disclosure pursuant to CPLR 3101(d) as
follows:
1. At the time of trial, defendant may call a physician licensed to practice
medicine in the State of New York. This expert graduated Tulane University School of
Medicine in 1978. He/she thereafter performed an internship and residency in Obstetrics
and Gynecology at Albert Einstein School of Medicine from 1978 to 1982. This expert is
currently affiliated with a major institution in the metropolitan area and board certified in
Obstetrics and Gynecology.
2. This expert may be expected to testify that defendant rendered care and
treatment to plaintiff in accordance with the appropriate standards of care. This expert may
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testify that defendant’ care and treatment was consistent with good and accepted medical
practice and did not depart from appropriate standards of care. This expert will further
testify that while plaintiff suffered injuries, said injuries were a known complication of a
trial of labor after cesarean. Based upon the circumstances then presented and the
information available, defendant’ responsibilities to plaintiff were appropriately and
properly discharged.
3. The subject matter of this expert’s testimony may include plaintiff’s medical,
surgical and social history; plaintiff’s past and subsequent medical care and treatment; the
signs, symptoms, physiology, risk factors, diagnosis, treatment, complications, incidence
and prognosis of uterine rupture and vertical urinary bladder; the taking of a medical and/or
gestational history; the incident, diagnosis, significance, and management of cephalopelvic
disproportion; the incident, diagnosis, significance, and management of occiput posterior
positioning of the fetal head; the incident, diagnosis, significance, and management of
10cm dilation and -1 station; the indications for Mueller-Hillis maneuver; proper
monitoring and follow up of the mother and/or fetus during labor; indications and
administration of Pitocin; the interpretation and significance of fetal heart tracings,
including but not limited to late decelerations; and the indications, performance, and timing
of cesarian section.
4. This expert is expected to testify that defendant took a proper medical,
surgical, and gestation history; that plaintiff’s uterine rupture and vertical urinary bladder
were the result of known and accepted risks and complications of cesarian section; that the
plaintiff’s clinical condition at approximately 11:00 p.m. was not indicative of
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cephalopelvic disproportion; that performing a Mueller-Hillis maneuver was not required
by the standard of care in the plaintiff’s case; that a trial of labor after cesarean and/or
vaginal birth after cesarian were not contraindicated; that the plaintiff was properly
monitored and follow up on during labor; that Pitocin was indicated and properly
administered; that Pitocin was not contraindicated; that Pitocin was appropriately and
timely discontinued; that the plaintiff’s fetal heart tracings were appropriately monitored
and timely reported on; that the plaintiff’s cesarean section was indicated, timely
performed, and not unduly delayed; that defendant’s hiring, training, and supervision of
Dr. Mechlovitz, Dr. Neal, Dr. Chow, and R.N. Stanga were at all times proper, were not
negligent, and did not depart from good and accepted standard of care. This expert may be
expected to offer testimony that Dr. Mechlovitz, Dr. Neal, and Dr. Chow, and R.N. Stanga
did not have a known propensity for committing the actions and/or omissions alleged by
plaintiff that would result in the plaintiff’s claimed injuries, including but not limited to
uterine rupture and vertical urinary bladder.
5. This expert may be expected to offer testimony concerning pertinent medical,
anatomical, radiographic, and surgical principles generally and with regard to this matter
specifically.
6. This expert may also be expected to comment upon the testimony introduced
at trial by plaintiff as well as the assertions contained within plaintiff’s bill of particulars;
expert disclosure and expert affirmations/affidavits, if any.
7. This expert may testify based upon his/her review of the pertinent medical
records, deposition transcripts, pleadings, trial testimony, imaging studies, demonstrative
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evidence, trial exhibits, guidelines and applicable medical literature, and on the basis of
such additional information and further evidence as may be adduced during the course of
trial.
8. This expert may be expected to testify as to all matter that may be placed in
controversy by plaintiff, as well as general principles of medicine, obstetrics, and
gynecology in disputing plaintiff’s claims that defendant departed from good and accepted
practice and that said departures proximately caused the injuries complained herein. This
expert may respond to the testimony of the parties, witnesses and opinion of plaintiff’s
experts and likewise discuss the treatment rendered by plaintiff’s subsequent treating
physicians.
9. This expert will testify based upon his/her professional knowledge,
education, training, and experience in medicine in general, and in his/her respective fields
of specialization.
PLEASE TAKE FURTHER NOTICE, that defendant reserve the right to call as
witnesses the plaintiff's prior, concurrent, and subsequent treating physicians.
PLEASE TAKE FURTHER NOTICE, that these defendant reserve the right to
supplement and/or amend the aforementioned response as circumstances warrant, up to and
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NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023
including the time of trial and to produce any experts needed in rebuttal to any additional
discovery and/or trial testimony introduced by plaintiff.
Dated: Lake Success, New York
January 24, 2023
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
By: _________________________________
MICHAEL J. LA PINTA
Attorneys for Defendants
NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER
1983 Marcus Avenue
Lake Success, New York 11042-1056
(516) 488-3300
Our File No.: 433-00189
TO: THE PAGLINAWAN FIRM, P.C.
Attorneys for Plaintiffs
118-21 Queens Boulevard, Suite 501
Forest Hills, New York 11375
(718) 576-2544
RUBIN, PATERNITI, GONZALEZ,
RIZZO KAUFMAN, LLP
Attorneys for Defendant
DEEPAK NANDA, M.D., P.C.
555 Fifth Avenue, Suite 600
New York, New York 10017
(646) 809-3370
GALVANO & XANTHAKIS, P.C.
Attorneys for Defendant
EMMANUEL M. PAFOS, M.D.
358 St. Marks Place, Suite 202
Staten Island, New York 10301
(212) 349-5150
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NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
THERESA ROBINSON and DEREK
ROBINSON, Index No.: 717964/2018
Plaintiffs,
- against -
LONG ISLAND JEWISH MEDICAL
CENTER, DEEPAK NANDA, M.D., P.C.,
and EMMANUEL M. PAFOS, M.D.,
Defendants.
EXPERT WITNESS DISCLOSURE PURSUANT
TO CPLR 3101(d)
SHAUB, AHMUTY, CITRIN & SPRATT, LLP
Attorneys for Defendant
NORTHWELL HEALTH, INC. and
LONG ISLAND JEWISH MEDICAL CENTER
Office and Post Office Address
1983 Marcus Avenue
Lake Success, NY 11042-1056
Telephone (516) 488-3300
Fax (516) 488-2324
TO: ALL PARTIES
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FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018
NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023
AFFIDAVIT OF SERVICE BY MAIL
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
NAME, being duly sworn, deposes and says: that deponent is not a party to this
action, is over 18 years of age and resides ______________ County, New York.
That on _______________, 20 deponent served the within DOCUMENT NAME
upon:
The Paglinawan Firm, P.C.
118-21 Queens Boulevard, Suite 501
Forest Hills, New York 11375
Rubin, Paterniti, Gonzalez,
Rizzo Kaufman, LLP
555 Fifth Avenue, Suite 600
New York, New York 10017
Galvano & Xanthakis, P.C.
358 St. Marks Place, Suite 202
Staten Island, New York 10301
at the address designated by said attorney(s) for that purpose, by depositing a true copy
thereof enclosed in a first class postpaid properly addressed wrapper, in an official
depository under the exclusive care and custody of the United States Postal Service
department within the State of New York.
___________________________
NAME
Sworn to before me this
____ day of ____________, 20
___________________________
Notary Public
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Preview
FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS ---------------------------------------------------------x THERESA ROBINSON and DEREK Index No.: 717964/2018 ROBINSON, EXPERT WITNESS Plaintiffs, DISCLOSURE PURSUANT TO CPLR 3101(d) - against - LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., and EMMANUEL M. PAFOS, M.D., Defendants. ---------------------------------------------------------x COUNSEL: PLEASE TAKE NOTICE, that the defendant LONG ISLAND JEWISH MEDICAL CENTER (hereinafter “defendant”) by its attorneys, SHAUB, AHMUTY, CITRIN & SPRATT, LLP, hereby provide expert disclosure pursuant to CPLR 3101(d) as follows: 1. At the time of trial, defendant may call a physician licensed to practice medicine in the State of New York. This expert graduated Tulane University School of Medicine in 1978. He/she thereafter performed an internship and residency in Obstetrics and Gynecology at Albert Einstein School of Medicine from 1978 to 1982. This expert is currently affiliated with a major institution in the metropolitan area and board certified in Obstetrics and Gynecology. 2. This expert may be expected to testify that defendant rendered care and treatment to plaintiff in accordance with the appropriate standards of care. This expert may 1 of 7 FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 testify that defendant’ care and treatment was consistent with good and accepted medical practice and did not depart from appropriate standards of care. This expert will further testify that while plaintiff suffered injuries, said injuries were a known complication of a trial of labor after cesarean. Based upon the circumstances then presented and the information available, defendant’ responsibilities to plaintiff were appropriately and properly discharged. 3. The subject matter of this expert’s testimony may include plaintiff’s medical, surgical and social history; plaintiff’s past and subsequent medical care and treatment; the signs, symptoms, physiology, risk factors, diagnosis, treatment, complications, incidence and prognosis of uterine rupture and vertical urinary bladder; the taking of a medical and/or gestational history; the incident, diagnosis, significance, and management of cephalopelvic disproportion; the incident, diagnosis, significance, and management of occiput posterior positioning of the fetal head; the incident, diagnosis, significance, and management of 10cm dilation and -1 station; the indications for Mueller-Hillis maneuver; proper monitoring and follow up of the mother and/or fetus during labor; indications and administration of Pitocin; the interpretation and significance of fetal heart tracings, including but not limited to late decelerations; and the indications, performance, and timing of cesarian section. 4. This expert is expected to testify that defendant took a proper medical, surgical, and gestation history; that plaintiff’s uterine rupture and vertical urinary bladder were the result of known and accepted risks and complications of cesarian section; that the plaintiff’s clinical condition at approximately 11:00 p.m. was not indicative of -2- 4854-6372-7948, v. 1 2 of 7 FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 cephalopelvic disproportion; that performing a Mueller-Hillis maneuver was not required by the standard of care in the plaintiff’s case; that a trial of labor after cesarean and/or vaginal birth after cesarian were not contraindicated; that the plaintiff was properly monitored and follow up on during labor; that Pitocin was indicated and properly administered; that Pitocin was not contraindicated; that Pitocin was appropriately and timely discontinued; that the plaintiff’s fetal heart tracings were appropriately monitored and timely reported on; that the plaintiff’s cesarean section was indicated, timely performed, and not unduly delayed; that defendant’s hiring, training, and supervision of Dr. Mechlovitz, Dr. Neal, Dr. Chow, and R.N. Stanga were at all times proper, were not negligent, and did not depart from good and accepted standard of care. This expert may be expected to offer testimony that Dr. Mechlovitz, Dr. Neal, and Dr. Chow, and R.N. Stanga did not have a known propensity for committing the actions and/or omissions alleged by plaintiff that would result in the plaintiff’s claimed injuries, including but not limited to uterine rupture and vertical urinary bladder. 5. This expert may be expected to offer testimony concerning pertinent medical, anatomical, radiographic, and surgical principles generally and with regard to this matter specifically. 6. This expert may also be expected to comment upon the testimony introduced at trial by plaintiff as well as the assertions contained within plaintiff’s bill of particulars; expert disclosure and expert affirmations/affidavits, if any. 7. This expert may testify based upon his/her review of the pertinent medical records, deposition transcripts, pleadings, trial testimony, imaging studies, demonstrative -3- 4854-6372-7948, v. 1 3 of 7 FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 evidence, trial exhibits, guidelines and applicable medical literature, and on the basis of such additional information and further evidence as may be adduced during the course of trial. 8. This expert may be expected to testify as to all matter that may be placed in controversy by plaintiff, as well as general principles of medicine, obstetrics, and gynecology in disputing plaintiff’s claims that defendant departed from good and accepted practice and that said departures proximately caused the injuries complained herein. This expert may respond to the testimony of the parties, witnesses and opinion of plaintiff’s experts and likewise discuss the treatment rendered by plaintiff’s subsequent treating physicians. 9. This expert will testify based upon his/her professional knowledge, education, training, and experience in medicine in general, and in his/her respective fields of specialization. PLEASE TAKE FURTHER NOTICE, that defendant reserve the right to call as witnesses the plaintiff's prior, concurrent, and subsequent treating physicians. PLEASE TAKE FURTHER NOTICE, that these defendant reserve the right to supplement and/or amend the aforementioned response as circumstances warrant, up to and -4- 4854-6372-7948, v. 1 4 of 7 FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 including the time of trial and to produce any experts needed in rebuttal to any additional discovery and/or trial testimony introduced by plaintiff. Dated: Lake Success, New York January 24, 2023 SHAUB, AHMUTY, CITRIN & SPRATT, LLP By: _________________________________ MICHAEL J. LA PINTA Attorneys for Defendants NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER 1983 Marcus Avenue Lake Success, New York 11042-1056 (516) 488-3300 Our File No.: 433-00189 TO: THE PAGLINAWAN FIRM, P.C. Attorneys for Plaintiffs 118-21 Queens Boulevard, Suite 501 Forest Hills, New York 11375 (718) 576-2544 RUBIN, PATERNITI, GONZALEZ, RIZZO KAUFMAN, LLP Attorneys for Defendant DEEPAK NANDA, M.D., P.C. 555 Fifth Avenue, Suite 600 New York, New York 10017 (646) 809-3370 GALVANO & XANTHAKIS, P.C. Attorneys for Defendant EMMANUEL M. PAFOS, M.D. 358 St. Marks Place, Suite 202 Staten Island, New York 10301 (212) 349-5150 -5- 4854-6372-7948, v. 1 5 of 7 FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS THERESA ROBINSON and DEREK ROBINSON, Index No.: 717964/2018 Plaintiffs, - against - LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C., and EMMANUEL M. PAFOS, M.D., Defendants. EXPERT WITNESS DISCLOSURE PURSUANT TO CPLR 3101(d) SHAUB, AHMUTY, CITRIN & SPRATT, LLP Attorneys for Defendant NORTHWELL HEALTH, INC. and LONG ISLAND JEWISH MEDICAL CENTER Office and Post Office Address 1983 Marcus Avenue Lake Success, NY 11042-1056 Telephone (516) 488-3300 Fax (516) 488-2324 TO: ALL PARTIES -6- 4854-6372-7948, v. 1 6 of 7 FILED: QUEENS COUNTY CLERK 01/25/2023 10:24 AM INDEX NO. 717964/2018 NYSCEF DOC. NO. 224 RECEIVED NYSCEF: 01/25/2023 AFFIDAVIT OF SERVICE BY MAIL STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) NAME, being duly sworn, deposes and says: that deponent is not a party to this action, is over 18 years of age and resides ______________ County, New York. That on _______________, 20 deponent served the within DOCUMENT NAME upon: The Paglinawan Firm, P.C. 118-21 Queens Boulevard, Suite 501 Forest Hills, New York 11375 Rubin, Paterniti, Gonzalez, Rizzo Kaufman, LLP 555 Fifth Avenue, Suite 600 New York, New York 10017 Galvano & Xanthakis, P.C. 358 St. Marks Place, Suite 202 Staten Island, New York 10301 at the address designated by said attorney(s) for that purpose, by depositing a true copy thereof enclosed in a first class postpaid properly addressed wrapper, in an official depository under the exclusive care and custody of the United States Postal Service department within the State of New York. ___________________________ NAME Sworn to before me this ____ day of ____________, 20 ___________________________ Notary Public -7- 4854-6372-7948, v. 1 7 of 7