Preview
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NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020
INDEX NO. 805302/2015
MED: NEW YORK COUNTY CLERK 08/03/2015 01:07 Pt
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2015
SUPREME COURT OF THE STATE OF NEW YORK Index No.:
COUNTY OF NEW YORK Date Purchased:
—X
SHELLYANN HOFFMAN and OLUJIMI JOLAOSHO SUMMONS
Phil/ties, Plaintiff' designates Kings
-against- County as the place oftrial.
The basis ofvenue is:
DEBRA TAUBEL,M.D.,11KSIT ASFAW,M.D., Defendant's residence
DMITRY YOUSHKO, MD„ MEGAN KWASNIAK, M.D.,
LARISSA STATHAKES,P.A.,BROOICLYN HOSPITAL Plaintiffresides at:
NEW YORK PRESBYTERIAIUMPITAL 330 East 26th Street, Apt 14M
New York,New York
Defendants.
•-•"""•-•-4C
County ofNew York
TO,Mitat*ninnel Ottliendimist
WC**,HfaTh;811WSUMilitottp,,to answer the complaint in this action, and to serve a
copy of youranswer,Ofifthe complaint is not served with this summons,to serve a notice ofappearance
on the plaintiffs attomey(s)within twenty days after the services ofthis summons exclusive ofthe day of
service, where service is made by delivery upon you personally within the state, or within 30 days after
completion of service where service is made in any other manner. In case of your failure to appear or
answer,judgment will be taken against you by defaultfor the reliefdemanded in the complaint,
Dated: New York,Ne*York
July 29,2015
N,P.C.
no*
o i, a anis, Esq.
ifIIO s for Plaintiff
9 Maiden Lane 6th Floor
New York,New York 10038
(212)566-7500
1 - rtf",, Cirt7
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Defendants:
DEBRA TAUBEL,M.D.
525 East 68th Street
Suite J-I30
New York,NY 10065
TIRSIT ASFAW,M.D.
525 East 68th Street
Suite J-130
New York,NY 10065
NEW YORK PRESBYTERIAN HOSPITAL
NYU Weill Cornell Medical Center
525 East 68th Street
New York,New York 10065
Brooklyn Hospital
121 Dekalb Avenue
Brooklyn NY 11201
DMITRY YOUSHKO,M.D.,
121 Dekalb Avenue
Brooklyn NY 11201,
MEGAN KWASNIAK,M.D.,
121 Dekalb Avenue
Brooklyn NY 11201
LARISSA STATHAKES,P.A.,
121 Dekalb Avenue
Brooklyn NY 11201
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
-X
SFIELLYANN HOFFMAN and OLUJIMI JOLAOSHO
VERIFIED COMPLAINT
Plaintiffs,
-against-
DEBRA TAUBEL,MD.,TIRSIT ASFAW,M.D.,
DMITRY YOUSHKO, M.D,, MEGAN KWASNIAK, M.D.,
LARISSA STATHAKES,P.A., BROOKLYN HOSPITAL
and NEW YORK PRESBYTERIAN HOSPITAL
Defendants.
X
Plaintiffs by and through their attorneys, DOUGLAS & LONDON, P.C., complaining of the
defendants herein, respectfully shows to this Court and alleges upon information and belief as
follows:
AS AND FOR A FIRST CAUSE OF ACTION
(MEDICAL MALPRACTICE)
1. Plaintiff was and still is a resident ofNew York,New York within the County of
New York.
2. At all of the times herein mentioned, Defendant DEBRA TAUBEL, M.A. was or
represented herself to be a physician duly licensed and authorized to practice medicine in the State of
New York.
3. At all times herein mentioned, Defendant DEBRA TAUBEL,M.D,maintained and
still maintains a medical office located at 525 East 68th Street, Suite J-130 New York,NY 10065.
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4. Upon information and belief, at all times hereinafter mentioned, the defendant
DEBRA TAUBEL, M.D specialized in the field of medicine; more specifically but not limited to
obstetrics & gynecology and surgery.
5. At all times hereinafter mentioned defendant DEBRA TAUBEL,M.D held herself out
to be a physician offering professional services to the public in general, and to plaintiffin patticular.
6. Upon information and belief, and at all times hereinafter mentioned, the defendant
DEBRA TAUBEL, M.D was a physician duly licensed to practice medicine in the State of New
York.
7. Upon information and belief and at all times hereinafter mentioned the defendant
DEBRA TAUBEL, M.D was a physician, agent, independent contractor, servant, affiliated,
associated, and/or employed with/by defendant NEW YORK PRESBYTERIAN HOSPITAL.
8. At ail of the times herein mentioned, Defendant DEBRA TAUBEL,M.D represented
herselfto be able, competent, and qualified to order, recommend, request, advise, perform,render, or
provide all of the medical care, surgery, diagnostic care, physical examinations, evaluations,
consultations, care, treatments, services and advice ordered for, recommended for, requested for,
advised for, performed upon,rendered to, provided for, or required by Plaintiff
9. At all ofthe times herein mentioned, Defendant DEBRA TAUBEL,M.D undertook to
and did order, recommend, request, advise, perform, render, and provide medical, surgical, diagnostic
care, physical examinations, evaluations, consultations, care, treatments, procedures, services, and
advice of, for, and to Plaintiff.
10. At all of the times herein mentioned, Defendant TWIT ASFAW, M.D was or
represented himselfto be a physician duly licensed and authorized to practice medicine ht the State of
New York.
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I I. At all times herein mentioned, Defendant TIRSIT ASFAW, M.D maintained and
still maintains a medical office located at 525 East 68th Street, Suite J-130 New York,NY 10065.
12. Upon information and belief, at all times hereinafter mentioned, the defendant
TIRSIT ASFAW, M.D specialized in the field of medicine; more specifically obstetrics &
gynecology and surgery.
13. At all times hereinafter mentioned defendant TIRSIT ASFAW,M.D held herself out
to be a physician offering professional services to the public in general, and to plimtiff,in particular.
14. Upon information and belief, and at all times hereinafter mentioned, the defendant
TIRSIT ASFAW,M.D was a physician duly licensed to practice medicine in the State ofNew York.
15. Upon information and belief and at all times hereinafter mentioned the defendant
TIRSIT ASFAW,M.D was a physician, agent,independent contractor, servant, affiliated, associated,
and/or employed with/by defendant NEW YORK PRESBYTERIAN HOSPITAL.
16. At all ofthe times herein mentioned, Defendant TIRSIT ASFAW,M.D.represented
herself to be able, competent, and qualified to order, recommend, request, advise, perform, render, or
provide all of the medical care, surgical care, diagnostic care, physical examinations, evaluations,
consultations, care, treatments, services and advice ordered for, recommended for, requested for,
advised for, performed upon, rendered to, provided for, or required by Plaintiff.
17. At all of the times herein mentioned, Defendant TIRSIT ASFAW, M.D undertook
to and did order, recommend, request, advise, perform, render, and provide medical care, surgical
care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, procedures,
services, and advice of,for, and to Plaintiff.
18. At all ofthe times herein mentioned,Defendant DNIITRY YOUSHKO,M.D.
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was or represented himselfto be a physician duly licensed and authorized to practice medicine
in the State ofNew York.
19. At all times herein mentioned, Defendant DMITRY YOUSHKO,
maintained and still maintains a medical office located at 121 Dekalb Avenue Brooklyn NY 11201.
20. Upon information and belief, at all times hereinafter mentioned, the defendant
DMITRY YOUSHKO, M.D specialized in the field of medicine; more specifically obstetrics &
gynecology.
21. At all times hereinafter mentioned defendant DMITRY YOUSHKO, M.D. held
himself out to be a physician offering professional services to the public in general, and to plaintiff, in
particular.
22. Upon information and belief, and at all times hereinafter mentioned, the defendant
DMITRY YOUSHKO,M.D. was a physician duly licensed to practice medicine in the State of New
York.
23. Upon information and belief and at all times hereinafter mentioned the defendant
DMITRY YOUSHKO, M.D. was a physician, agent, independent contractor, servant, affiliated,
associated, and/or employed with/by defendant BROOKLYN HOSPITAL.
24. At all of the times herein mentioned, Defendant DMITRY YOUSHKO, M.D.
represented herself to be able, competent, and qualified to order, recommend, request, advise,
perform, render, or provide all of the medical care, surgical care, dittgnostie care, physical
examinations, evaluations, consultations, care, treatments, services and advice ordered for,
recommended for, requested for, advised for, performed upon, rendered to, provided for, or required
by Plaintiff.
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•- -
25. At all of the times herein mentioned, Defendant DMITRY YOUSHKO, M.D.
undertook to and did order, recommend, request, advise, perform, render, and provide medical care,
surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments,
procedures,services. and advice of, for, and to Plaintiff.
26. At all ofthe times herein mentioned, Defendant MEGAN KWASNIAK,M.D.
was or represented herselfto be a physician duly licensed and authorized to practice medicine
in the State ofNew York.
27. At all times herein mentioned, Defendant MEGAN KWASNIAK,M.D
maintained and still maintains a medical office located at 121 Dekalb Avenue Brooklyn NY
11201
28. Upon information and belief, at all times hereinafter mentioned, the defendant
MEGAN KWASNIAK, M.D specialized in the field of medicine; more specifically Medicine and
Emergency Department Care.
29. At all times hereinafter mentioned defendant MEGAN KWASNIAK, M.D. held
herself out to be a physician offering professional services to the public in general, and to plaintiff, in
particular.
30. Upon information and belief, and at all times hereinafter mentioned, the defendant
MEGAN KWASNIAK,M.D. was a physician duly licensed to practice medicine in the State of New
York.
31. Upon information and belief and at all times hereinafter mentioned the defendant
MEGAN KWASNIAK, M.D. was a physician, agent, independent contractor, servant, affiliated,
associated, and/or employed with/by defendant BROOKLYN HOSPITAL.
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32. At all of the times herein mentioned, Defendant MEGAN KWASNIAK, M.D.
represented herself to be able, competent, and qualified to order, recommend, request, advise,
perform, render, or provide all of the medical care, surgical care, diagnostic care, physical
examinations, evaluations, consultations, care, treatments, services and advice ordered for,
recommended for, requested for, advised for, performed upon, rendered to, provided for, or required
by Plaintiff..
33. At all of the times herein mentioned, Defendant MEGAN KWASNIAK, M.D.
undertook to and did order, rteommend, request, advise, perform, render, and provide medical care,
surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments,
procedures, services, and advice of for, and to Plaintiff.
34. At all ofthe times herein mentioned, Defendant LARISSA STATHAKES,P.A was or
represented herself hi be a physician duly licensed and authorized to practice medicine in the State of
New York.
35. At all times herein mentioned,Defendant LARISSA STATTIAKES,P.A
maintained and still maintains a medical office located at 121 Dekalb Avenue Brooklyn NY
11201.
36. Upon information and belief, at all times hereinafter mentioned, the defendant
LARISSA STATHAKES, PA specialized in the field of medicine; more specifically Physicians
Assistant care,
37. At all times hereinafter mentioned defendant LARISSA STATHAKES, P.A held
herself out to be a physician's assistant offering professional services to the public in general, and to
plaintiff, in particular.
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38. Upon information and belief, and at all times hereinafter mentioned, the defendant
LARISSA STATHAKES,P.A was a physician's assistant duly licensed to practice medicine in the
State ofNew York.
39. Upon information and belief and at all times hereinafter mentioned the defendant
LARISSA STATHAKES, P.A was a physician's assistant, agent, independent contractor, servant,
affiliated, associated, and/or employed with/by defendant BROOKLYN HOSPITAL.
40. At all of the times herein mentioned, Defendant LARISSA STATHAKES, P.A
represented herself to be able, competent, and qualified to order, recommend, request, advise,
perform,render, or provide all ofthe medical care, physician's assistant care, surgical care, diagnostic
care, physical examinations, evaluations, consultations, care, treatments, services and advice ordered
for, recommended for, requested for, advised for, performed upon, rendered to, provided for, or
required by Plaintiff.
41. At all of the times herein mentioned, Defendant LARISSA STATHAKES, P.A.
undertook to and did order, recommend, request, advise, perform, render, and provide medical care,
surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments,
procedures, services, and advice of, for, and to Plaintiff.
42. At all times hereinafter mentioned, Defendant, NEW YORK PRESBYTERIAN
HOSPITAL was and still is a domestic corporation and/or other entity, duly organized and existing
pursuant to the laws ofthe State ofNew York.
43. At all times hereinafter mentioned, the Defendant, NEW YORK PRESBYTERIAN
HOSPITAL, maintained, operated, managed and/or controlled a hospital facility, known as the NEW
YORK PRESBYTERIAN HOSPITAL, with its principal place ofbusiness at 525 East 68th Street
New York,New York 10065
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within the State of New York, County of New York.
44. At all times hereinafter mentioned, the Defendant, NEW YORK PRESBYTERIAN
HOSPITAL held itself out as a hospital facility capable of providing care for the sick and infirm,
and capable of famishing accommodations for the public, including plaintiff SHELLYANN
HOFFMAN,for treatment of diverse ailments and conditions.
45. At all times hereinafter mentioned, the Defendant NEW YORK PRESBYTERIAN
HOSPITAL, provided personnel, including nurses, surgeons, interns, residents, doctors, and other
medical personnel for the care and treatment of patients in their clinics and at the hospital, including
the Plaintiff.
46. At all times hereinafter mentioned, Defendant, BROOKLYN HOSPITAL was and
still is a domestic corporation and/or other entity, duly organized and existing pursuant to the laws of
the State ofNew York.
47. At all times hereinafter mentioned, the Defendant, BROOKLYN HOSPITAL,
maintained, operated, managed and/or controlled a hospital facility, known as the BROOKLYN
HOSPITAL, with its principal place of business at 121 Dekalb Avenue Brooklyn NY 11201 within
the State ofNew York, County ofNew York.
48. At all times hereinafter mentioned, the Defendant,BROOKLYN HOSPITAL held itself
out as a hospital fadility capable of providing care for the sick and infirm, and capable of furnishing
accommodations for the public, including plaintiff SHELLYANN HOFFMAN, for treatment of
diverse ailments and conditions.
49. At all tunes hereinafter mentioned, the Defendant BROOKLYN HOSPITAL,provided
personnel, including nurses, surgeons, interns, residents, doctors, and other medical personnel for the
care and treatment of patients in their clinics and at the hospital, including the Plaintiff,
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••• • • ••••
50. From on or about September 2, 2014 through and including September 21, 2014
sought the medical care ofdefendants DEBRA TAUBEL,M.D.,TIRSIT ASFAW,M.D.,DMITRY
YOUSHKO, M.D., MEGAN KWASMAK, M.D., LARISSA STATHAKES, P.A., NEW YORK
PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL for medical complaints, medical
care, surgical care, pregnancy, pre natal care, diagnosis and treatment for her condition, complaints,
signs, and symptoms from which she was suffering and defendants rendered medical care, diagnosis
and treatment.
51. The above medical care, surgical care, diagnostic care, treatment
and services rendered to Plaintiff by Defendants DEBRA TAUBEL,M.D., TIRSIT ASFAW,M.D.,
DMITRY YOUSHKO,M.D.,MEGAN KWASNIAK.,M.D.,LARISSA STATHAKESI P.A.,NEW
YORK PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL was rendered careless,
unskillfully, negligently, and not in accordance with good and accepted standards of medical care
including but not limited to in negligently failing to timely and properly diagnose, address, treat and
follow up upon plaintiff is complaints, condition, signs and symptoms; in failing to timely and
properly detect, diagnose and treat plaintiff's condition, complaints, signs and symptoms; in failing to
properly solicit a medical history; in negligently performing a hysterectomy; in negligently causing a
bladder injury; in negligently causing a uterer injury; in negligently causing a ureteral injury; in
failing to timely and properly perform a cystoscopy; in failing to timely and properly perform and
examination and evaluation of plaintiffs ureteral post operative functioning; in failing to advise
plaintiff of alternatives to the subject surgery; in negligently failing to conduct indicated tests and
studies or refer for'same; in failing to timely and properly recognize, address, treat and follow up
upon plaintiff's condition, complaints, signs and symptoms; in failing to timely and properly
determine and address The cause of plaintiff's complaints, condition, signs and symptoms; in
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misdiagnosing plaintiff's condition; in failing to formulate a proper differential diagnosis; in failing to
conduct a timely and proper intra operative evaluation of ureteral competency; in causing severe and
permanent injuries to plaintiff; in failing to timely and properly appreciate and address results of
diagnostic studies performed and laboratory tests ordered; in failing to timely order further laboratory
work ups; in negligently failing to obtain informed consent from plaintiff; in failing to ensure that
proper referrals were made and necessary consults ordered; in causing medical malpractice resulting
in stillbirth resulting in emotional distress; in failing to order adequate and proper tests to determine
nature and extent of the ailments and conditions from which plaintiff and fetus was suffering; in
causing fetal demise; in causing stillbirth; in failing to order or take the proper examinations and
procedures to determine the nature and extent of ailments and condition from which plaintiff is and
was suffering; and in otherwise being negligent, careless and departing from good and accepted
medical practice.
52. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain
severe and serious personal injuries that are permanent in nature.
53. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain
severe and serious conscious pain and suffering that are permanent in nature.
54. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain
severe and serious mental anguish that are permanent in nature.
55. As a result of all of the foregoing, Plaintiff was caused to undergo multiple surgeries and
multiple hospital admissions.
56. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain
substantial economic losses.
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57. The aforesaid serious and permanent personal injuries, conscious pain and mental
anguish,and substantial economic losses suffered and sustained by Plaintiff was occasioned by reason
of the negligence, carelessness, and medical malpractice of Defendants DEBRA TAUBEL, M.D.,
TIRSIT ASFAW, M.D., DMITRY YOUSHKO, M.D., MEGAN KWASNIAK, M.D., LARISSA
STATRAKES, P.A., NEW YORK PRESBYTERIAN HOSPITAL and BROOKLYN
HOSPITAL and said injuries were not caused by or contributed to plaintiffin any manner.
58, As a direct and proximate result of the foregoing negligence and medical malpractice of
Defendants, DEBRA TAUBEL, M.D., TIRSIT ASFAW, M.D., DMITRY YOUSHKO, M.D.,
MEGAN KWASNIAK, M.D., LARISSA STATHAKES, P.A., NEW YORK PRESBYTERIAN
HOSPITAL and BROOKLYN HOSPITAL the Plaintiff sustained serious and permanent personal
injuries, was caused to suffer severe physical pain, emotional distress and mental anguish as a result
thereof,
59. As a result of all of the foregoing, Plaintiff has been injured and damaged in a sum
which exceeds the jurisdictional limitations of all lower Courts which would otherwise have
jurisdiction over this action,
AS AND FOR A SECOND CAUSE OF ACTION
(LACK OF INFORMED CONSENT)
60, Plaintiff, repeats, reiterates, and re-alleges each and every allegation contained in,the
foregoing paragraphs ofthis Complaint, with the same force and effect as if hereinafter set forth more
fully at length.
61. Defendant, DEBRA TA IIIIEL M.D. failed to inform Plaintiff of the reasonably
foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and
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rendered, which would have been disclosed by reasonable medical practitioners in similar
circumstances,in consequence of which defendant failed to obtain an informed consent thereto.
62, Defendant, TIRSIT ASFAW M.D. failed to inform Plaintiff, of the reasonably
foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and
rendered, which would have been disclosed by reasonable medical practitioners in similar
circumstances, in consequence of which defendant failed to obtain an informed consent thereto.
63. Defendant, DMITRY YOUSHKO,M.D., failed to inform Plaintiff, ofthe reasonably
foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and
rendered, which would have been disclosed by reasonable medical practitioners in similar
circumstances,in consequence of which defendant failed to obtain an informed consent thereto.
64. Defendant, MEGAN KWASNIAIC,M.D., failed to inform Plaintiff, ofthe reasonably
foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and
rendered, which would have been disclosed by reasonable medical practitioners in similar
circumstances, in consequence of which defendant failed to obtain an informed consentthereto.
65. Defendant, LARISSA STATEAKES, P.A failed to inform Plaintiff, of the reasonably
foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and
rendered, which would have been disclosed by reasonable medical practitioners in similar
circumstances, in consequence of which defendant failed to obtain an informed consent thereto.
66. Defendant, NEW YORK PRESBYTERIAN HOSPITAL failed to inform Plaintiff of the
reasonably foreseeable risks and benefits of, and alternatives to, the care, procedures and treatment
proposed and rendered, which would have been disclosed by reasonable medical practitioners in
similar circumstances, in consequence of which defendant failed to obtain an informed consent
thereto.
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I I -
67. Defendant, BROOKLYN HOSPITAL failed to inform Plaintiff of the reasonably
foreseeable risks and benefits of, and alternatives to, the care, procedures and treatment proposed and
rendered, which would have been disclosed by reasonable medical practitioners in similar
circumstances,in consequence of which defendant failed to obtain an informed consent thereto.
68. There were certain risks, hazards, dangers and alternatives to the aforesaid
medical care and treatment rendered to Plaintiff, or lack thereof
69. The Plaintiff had no knowledge of the risks, hazards, dangers or alternatives to the
aforesaid medical care and treatment or lack thereof.
70. The Plaintiff, had the right to know ofthe aforesaid risks, hazards, dangers and alternatives.
71. The Defendants had a duty to warn, or advise the Plaintiff of the risks, hazards,
dangers and alternatives to that portion of the aforesaid medical care and treatment rendered by the
Defendant, their agents, servants or employees,
72. The Defendants failed to warn or advise the Plaintiff of the aforesaid risks, hazards,
dangers and alternatives to the aforesaid medical care and treatment or lack thereof.
73. Had the Plaintiff or any reasonable person, been informed of the aforesaid risks,
benefits, and alternatives to the ewe, procedures and treatment performed, she would not have
consented to'the aforesaid medical care and treatment or lack thereof.
74. A reasonably prudent person in Plaintiff's position would not have undergone the
treatments, procedures had proper information been conveyed in lay person terms regarding the
indication for such treatment, procedure, care as well as the risks, benefits, and alternatives to same.
75. The lack of informed consent herein is a proximate cause of the injuries, conditions, and
disabilities for which recovery is sought.
76. As a direct and proximate result of the foregoing negligence and medical
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, I I
malpractice of Defendants, DEBRA TAUBEL, M.D., TWIT ASFAW, M.D., DIVIITRi
YOUSHKO, M.D., MEGAN KWASNTAK, M.D., LARISSA STATHAKES, P.A., NEW YORK'
PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL Plaintiff sustained serious and
permanent personal injuries, was caused to suffer severe physical pain and mental anguish as a result
thereof, and was caused to die as a consequence of thereof.
77, M a result of the foregoing, Plaintiff was damaged in a sum, which exceeds the
jurisdictional limits ofall lower Courts, which would otherwise have jurisdiction.
AS AND FOR A THIRD CAUSE OF ACTION ON
BEHALF OF OL,IT MI JOLAOSHO
(LOSS OF CONSORTIUM)
78. The Plaintiff, OLUJTMT JOLA081'0 repeats, reiterates and re-alleges each and
every allegation contained in the foregoing paragraphs of this Complaint with the same force and
effect as if hereinafter set forth fully hr.rein,
79. At all times herein mentioned, and to (late, Plaintiff, OLUJIMI JOLAOSHO .was
the lawful wedded husband of Plaintiff and they duly co-habitated as husband and wife,
80. As a result ofthe foregoing, Plaintiff, OLUJTMI JOLAOSHO,suffered loss of
consortium, having been deprived of the rights and interests which have accrued by reason of their
marriage, and the continuation of said marital relationship, including those of conjugal fellowship,
sexual fulfillment, support, aid, companionship, company, society, affection, comfort and services,
and has been caused to expend money for medicines and medical, hospital, therapeutic and
psychological care and treatment, all to his damage,
81. The Plaintiff, OLU,TIMI .1 OLAOSII0,seeks an amount of damages, which exceeds
the jurisdictional limits of all lower courts, which would otherwise have jurisdiction.
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82. As a result of the foregoing, malpractice, negligence and carelessness, plaintiff was
damaged in a sum, which exceeds the jurisdictional limits of all lower Courts, which would otherwise
have jurisdiction.
WHEREFORE,the Plaintiff, demands judgment against the Defendants on the First, Second,
and Third Causes of Action in an amount, respectively, which exceeds the jurisdictional limits of all
lower courts which would otherwise have jurisdiction of this action; together with interest, attorneys
fees, costs and disbursements of this action,
PLAINTIFF DEMANDS A TRIAL BY TORY
Dated: New York,New York
July 29,2015
Yours,etc.
DOUGT ONDO ,P.C.
J idolph
ititomeys for
59-Maidertirne,6 floor
New York, New Yo 10038
(212) 566-7500
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INDIVIDUAL'VERIFICATION
STATE OF NEW YORK )
: SS.:
COUNTY OF NEW YORK )
Shellyann Koffman, being duly sworn, deposes and says:
I am over eighteen (18) years of age and I reside in New York New York, and I am the
plaintiff in this action. I have read the foregoing COMPLAINT and upon information and
belief, know the contents thereof, and same are true to my knowledge upon information and
belief, and as to these matters,I believe them to be true.
Dated: New York, New York
1.
SHELLY s HOF
Sworn to beforsm this
day %Jo ,2015
Public
JOHN K COYLE
NEW YORK
NOTARY PUBLIC-STATE OP
No. 01C06046090
6lualltt®d in Nassau unit/co 01 5
EXplies July
mit OccAmISHon
FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020
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' YSCEF DOC. NO. 2 RECEIVED RUM: 08/03/201
CltleArkATE Orb
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STATE OF NEW YORK )
s.s.:
COUNTY OF NEW YORK )
13ANDOtall-,JANIS, an attorney duly admitted to practice in the Courts of the State of
New York,hereby affirms as follows pursuant to CPLR § 2106.
I have reviewed the facts ofthis case and consulted with at least one physician who is licensed
to practice medicine in this state and who I reasonably believe isinowledgeable in the,relevtint issue
itivolved in this action, and.1 have concluded on the basis of.sucltreview and consultation that this is a
reasonable basis for the commencement of this action.
Dated: New York,New York
July 29 2015
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FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF tifeet/ANC
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Plaintiff(s)/Petitioner(s), Index No. 0S...40OVICAS-
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Defendant(s)filespondent(s).
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NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING
SITPREINATI: COURT CASES
PLEASE TAKE NOTICE that p]aintifffsypetitioner(s)[defendant(s)/respondent(s)]in the case captioned
above intends that this matter proceed as an el ectroni ally-filed case in the New York State Courts Electronic Filing
System("NYSCEF")in accordance with the procedures therefor,setforth in Uniform Rule 202.5-b and described
below. Under that Rule, filing and service of papers by electronic means cannot be made by a party nor can
electronic service be made upon a party artless that party has consented to use ofthe System forthe ease in question.
Each party served with this Notice must promptly file with the court and serve on all other parties either a consent
or a declination of consent to electronic fi:Ing and service through NYSCEF for this case.(See Instruction # 2
below.)
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Cear ”t Ii n n nation
Electronic filing offers significant benefits for attorneys and litigants,permitting documentsto befiledwith
the County Clerk and the court and served, between or among consenting parties, byposting the documents on the
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been promulgated by the court in question, and the NYSCEF Wcbsite at www.nycourts.gov/efile.
FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015
NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020
Instructions
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the NYSCEF System in this case. When an action or proceeding isbeingcommencedthrough the NYSCEF
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electronically in the manner prey'ecd 21 t[:::Infrs .r7.7.1? s tc.Parties who do not wish to consent mustfile and
serve a written declination of consent. If cne party or some but fewer than all parties consent, NYSCEF
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(Signature) 7(5.50 (Phone)
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Preview
FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 INDEX NO. 805302/2015 MED: NEW YORK COUNTY CLERK 08/03/2015 01:07 Pt NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 08/03/2015 SUPREME COURT OF THE STATE OF NEW YORK Index No.: COUNTY OF NEW YORK Date Purchased: —X SHELLYANN HOFFMAN and OLUJIMI JOLAOSHO SUMMONS Phil/ties, Plaintiff' designates Kings -against- County as the place oftrial. The basis ofvenue is: DEBRA TAUBEL,M.D.,11KSIT ASFAW,M.D., Defendant's residence DMITRY YOUSHKO, MD„ MEGAN KWASNIAK, M.D., LARISSA STATHAKES,P.A.,BROOICLYN HOSPITAL Plaintiffresides at: NEW YORK PRESBYTERIAIUMPITAL 330 East 26th Street, Apt 14M New York,New York Defendants. •-•"""•-•-4C County ofNew York TO,Mitat*ninnel Ottliendimist WC**,HfaTh;811WSUMilitottp,,to answer the complaint in this action, and to serve a copy of youranswer,Ofifthe complaint is not served with this summons,to serve a notice ofappearance on the plaintiffs attomey(s)within twenty days after the services ofthis summons exclusive ofthe day of service, where service is made by delivery upon you personally within the state, or within 30 days after completion of service where service is made in any other manner. In case of your failure to appear or answer,judgment will be taken against you by defaultfor the reliefdemanded in the complaint, Dated: New York,Ne*York July 29,2015 N,P.C. no* o i, a anis, Esq. ifIIO s for Plaintiff 9 Maiden Lane 6th Floor New York,New York 10038 (212)566-7500 1 - rtf",, Cirt7 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 Defendants: DEBRA TAUBEL,M.D. 525 East 68th Street Suite J-I30 New York,NY 10065 TIRSIT ASFAW,M.D. 525 East 68th Street Suite J-130 New York,NY 10065 NEW YORK PRESBYTERIAN HOSPITAL NYU Weill Cornell Medical Center 525 East 68th Street New York,New York 10065 Brooklyn Hospital 121 Dekalb Avenue Brooklyn NY 11201 DMITRY YOUSHKO,M.D., 121 Dekalb Avenue Brooklyn NY 11201, MEGAN KWASNIAK,M.D., 121 Dekalb Avenue Brooklyn NY 11201 LARISSA STATHAKES,P.A., 121 Dekalb Avenue Brooklyn NY 11201 7 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK -X SFIELLYANN HOFFMAN and OLUJIMI JOLAOSHO VERIFIED COMPLAINT Plaintiffs, -against- DEBRA TAUBEL,MD.,TIRSIT ASFAW,M.D., DMITRY YOUSHKO, M.D,, MEGAN KWASNIAK, M.D., LARISSA STATHAKES,P.A., BROOKLYN HOSPITAL and NEW YORK PRESBYTERIAN HOSPITAL Defendants. X Plaintiffs by and through their attorneys, DOUGLAS & LONDON, P.C., complaining of the defendants herein, respectfully shows to this Court and alleges upon information and belief as follows: AS AND FOR A FIRST CAUSE OF ACTION (MEDICAL MALPRACTICE) 1. Plaintiff was and still is a resident ofNew York,New York within the County of New York. 2. At all of the times herein mentioned, Defendant DEBRA TAUBEL, M.A. was or represented herself to be a physician duly licensed and authorized to practice medicine in the State of New York. 3. At all times herein mentioned, Defendant DEBRA TAUBEL,M.D,maintained and still maintains a medical office located at 525 East 68th Street, Suite J-130 New York,NY 10065. 3 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 4. Upon information and belief, at all times hereinafter mentioned, the defendant DEBRA TAUBEL, M.D specialized in the field of medicine; more specifically but not limited to obstetrics & gynecology and surgery. 5. At all times hereinafter mentioned defendant DEBRA TAUBEL,M.D held herself out to be a physician offering professional services to the public in general, and to plaintiffin patticular. 6. Upon information and belief, and at all times hereinafter mentioned, the defendant DEBRA TAUBEL, M.D was a physician duly licensed to practice medicine in the State of New York. 7. Upon information and belief and at all times hereinafter mentioned the defendant DEBRA TAUBEL, M.D was a physician, agent, independent contractor, servant, affiliated, associated, and/or employed with/by defendant NEW YORK PRESBYTERIAN HOSPITAL. 8. At ail of the times herein mentioned, Defendant DEBRA TAUBEL,M.D represented herselfto be able, competent, and qualified to order, recommend, request, advise, perform,render, or provide all of the medical care, surgery, diagnostic care, physical examinations, evaluations, consultations, care, treatments, services and advice ordered for, recommended for, requested for, advised for, performed upon,rendered to, provided for, or required by Plaintiff 9. At all ofthe times herein mentioned, Defendant DEBRA TAUBEL,M.D undertook to and did order, recommend, request, advise, perform, render, and provide medical, surgical, diagnostic care, physical examinations, evaluations, consultations, care, treatments, procedures, services, and advice of, for, and to Plaintiff. 10. At all of the times herein mentioned, Defendant TWIT ASFAW, M.D was or represented himselfto be a physician duly licensed and authorized to practice medicine ht the State of New York. 4 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 I I. At all times herein mentioned, Defendant TIRSIT ASFAW, M.D maintained and still maintains a medical office located at 525 East 68th Street, Suite J-130 New York,NY 10065. 12. Upon information and belief, at all times hereinafter mentioned, the defendant TIRSIT ASFAW, M.D specialized in the field of medicine; more specifically obstetrics & gynecology and surgery. 13. At all times hereinafter mentioned defendant TIRSIT ASFAW,M.D held herself out to be a physician offering professional services to the public in general, and to plimtiff,in particular. 14. Upon information and belief, and at all times hereinafter mentioned, the defendant TIRSIT ASFAW,M.D was a physician duly licensed to practice medicine in the State ofNew York. 15. Upon information and belief and at all times hereinafter mentioned the defendant TIRSIT ASFAW,M.D was a physician, agent,independent contractor, servant, affiliated, associated, and/or employed with/by defendant NEW YORK PRESBYTERIAN HOSPITAL. 16. At all ofthe times herein mentioned, Defendant TIRSIT ASFAW,M.D.represented herself to be able, competent, and qualified to order, recommend, request, advise, perform, render, or provide all of the medical care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, services and advice ordered for, recommended for, requested for, advised for, performed upon, rendered to, provided for, or required by Plaintiff. 17. At all of the times herein mentioned, Defendant TIRSIT ASFAW, M.D undertook to and did order, recommend, request, advise, perform, render, and provide medical care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, procedures, services, and advice of,for, and to Plaintiff. 18. At all ofthe times herein mentioned,Defendant DNIITRY YOUSHKO,M.D. 5 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 was or represented himselfto be a physician duly licensed and authorized to practice medicine in the State ofNew York. 19. At all times herein mentioned, Defendant DMITRY YOUSHKO, maintained and still maintains a medical office located at 121 Dekalb Avenue Brooklyn NY 11201. 20. Upon information and belief, at all times hereinafter mentioned, the defendant DMITRY YOUSHKO, M.D specialized in the field of medicine; more specifically obstetrics & gynecology. 21. At all times hereinafter mentioned defendant DMITRY YOUSHKO, M.D. held himself out to be a physician offering professional services to the public in general, and to plaintiff, in particular. 22. Upon information and belief, and at all times hereinafter mentioned, the defendant DMITRY YOUSHKO,M.D. was a physician duly licensed to practice medicine in the State of New York. 23. Upon information and belief and at all times hereinafter mentioned the defendant DMITRY YOUSHKO, M.D. was a physician, agent, independent contractor, servant, affiliated, associated, and/or employed with/by defendant BROOKLYN HOSPITAL. 24. At all of the times herein mentioned, Defendant DMITRY YOUSHKO, M.D. represented herself to be able, competent, and qualified to order, recommend, request, advise, perform, render, or provide all of the medical care, surgical care, dittgnostie care, physical examinations, evaluations, consultations, care, treatments, services and advice ordered for, recommended for, requested for, advised for, performed upon, rendered to, provided for, or required by Plaintiff. 6 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 •- - 25. At all of the times herein mentioned, Defendant DMITRY YOUSHKO, M.D. undertook to and did order, recommend, request, advise, perform, render, and provide medical care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, procedures,services. and advice of, for, and to Plaintiff. 26. At all ofthe times herein mentioned, Defendant MEGAN KWASNIAK,M.D. was or represented herselfto be a physician duly licensed and authorized to practice medicine in the State ofNew York. 27. At all times herein mentioned, Defendant MEGAN KWASNIAK,M.D maintained and still maintains a medical office located at 121 Dekalb Avenue Brooklyn NY 11201 28. Upon information and belief, at all times hereinafter mentioned, the defendant MEGAN KWASNIAK, M.D specialized in the field of medicine; more specifically Medicine and Emergency Department Care. 29. At all times hereinafter mentioned defendant MEGAN KWASNIAK, M.D. held herself out to be a physician offering professional services to the public in general, and to plaintiff, in particular. 30. Upon information and belief, and at all times hereinafter mentioned, the defendant MEGAN KWASNIAK,M.D. was a physician duly licensed to practice medicine in the State of New York. 31. Upon information and belief and at all times hereinafter mentioned the defendant MEGAN KWASNIAK, M.D. was a physician, agent, independent contractor, servant, affiliated, associated, and/or employed with/by defendant BROOKLYN HOSPITAL. FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 32. At all of the times herein mentioned, Defendant MEGAN KWASNIAK, M.D. represented herself to be able, competent, and qualified to order, recommend, request, advise, perform, render, or provide all of the medical care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, services and advice ordered for, recommended for, requested for, advised for, performed upon, rendered to, provided for, or required by Plaintiff.. 33. At all of the times herein mentioned, Defendant MEGAN KWASNIAK, M.D. undertook to and did order, rteommend, request, advise, perform, render, and provide medical care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, procedures, services, and advice of for, and to Plaintiff. 34. At all ofthe times herein mentioned, Defendant LARISSA STATHAKES,P.A was or represented herself hi be a physician duly licensed and authorized to practice medicine in the State of New York. 35. At all times herein mentioned,Defendant LARISSA STATTIAKES,P.A maintained and still maintains a medical office located at 121 Dekalb Avenue Brooklyn NY 11201. 36. Upon information and belief, at all times hereinafter mentioned, the defendant LARISSA STATHAKES, PA specialized in the field of medicine; more specifically Physicians Assistant care, 37. At all times hereinafter mentioned defendant LARISSA STATHAKES, P.A held herself out to be a physician's assistant offering professional services to the public in general, and to plaintiff, in particular. FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 38. Upon information and belief, and at all times hereinafter mentioned, the defendant LARISSA STATHAKES,P.A was a physician's assistant duly licensed to practice medicine in the State ofNew York. 39. Upon information and belief and at all times hereinafter mentioned the defendant LARISSA STATHAKES, P.A was a physician's assistant, agent, independent contractor, servant, affiliated, associated, and/or employed with/by defendant BROOKLYN HOSPITAL. 40. At all of the times herein mentioned, Defendant LARISSA STATHAKES, P.A represented herself to be able, competent, and qualified to order, recommend, request, advise, perform,render, or provide all ofthe medical care, physician's assistant care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, services and advice ordered for, recommended for, requested for, advised for, performed upon, rendered to, provided for, or required by Plaintiff. 41. At all of the times herein mentioned, Defendant LARISSA STATHAKES, P.A. undertook to and did order, recommend, request, advise, perform, render, and provide medical care, surgical care, diagnostic care, physical examinations, evaluations, consultations, care, treatments, procedures, services, and advice of, for, and to Plaintiff. 42. At all times hereinafter mentioned, Defendant, NEW YORK PRESBYTERIAN HOSPITAL was and still is a domestic corporation and/or other entity, duly organized and existing pursuant to the laws ofthe State ofNew York. 43. At all times hereinafter mentioned, the Defendant, NEW YORK PRESBYTERIAN HOSPITAL, maintained, operated, managed and/or controlled a hospital facility, known as the NEW YORK PRESBYTERIAN HOSPITAL, with its principal place ofbusiness at 525 East 68th Street New York,New York 10065 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 within the State of New York, County of New York. 44. At all times hereinafter mentioned, the Defendant, NEW YORK PRESBYTERIAN HOSPITAL held itself out as a hospital facility capable of providing care for the sick and infirm, and capable of famishing accommodations for the public, including plaintiff SHELLYANN HOFFMAN,for treatment of diverse ailments and conditions. 45. At all times hereinafter mentioned, the Defendant NEW YORK PRESBYTERIAN HOSPITAL, provided personnel, including nurses, surgeons, interns, residents, doctors, and other medical personnel for the care and treatment of patients in their clinics and at the hospital, including the Plaintiff. 46. At all times hereinafter mentioned, Defendant, BROOKLYN HOSPITAL was and still is a domestic corporation and/or other entity, duly organized and existing pursuant to the laws of the State ofNew York. 47. At all times hereinafter mentioned, the Defendant, BROOKLYN HOSPITAL, maintained, operated, managed and/or controlled a hospital facility, known as the BROOKLYN HOSPITAL, with its principal place of business at 121 Dekalb Avenue Brooklyn NY 11201 within the State ofNew York, County ofNew York. 48. At all times hereinafter mentioned, the Defendant,BROOKLYN HOSPITAL held itself out as a hospital fadility capable of providing care for the sick and infirm, and capable of furnishing accommodations for the public, including plaintiff SHELLYANN HOFFMAN, for treatment of diverse ailments and conditions. 49. At all tunes hereinafter mentioned, the Defendant BROOKLYN HOSPITAL,provided personnel, including nurses, surgeons, interns, residents, doctors, and other medical personnel for the care and treatment of patients in their clinics and at the hospital, including the Plaintiff, n FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 ••• • • •••• 50. From on or about September 2, 2014 through and including September 21, 2014 sought the medical care ofdefendants DEBRA TAUBEL,M.D.,TIRSIT ASFAW,M.D.,DMITRY YOUSHKO, M.D., MEGAN KWASMAK, M.D., LARISSA STATHAKES, P.A., NEW YORK PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL for medical complaints, medical care, surgical care, pregnancy, pre natal care, diagnosis and treatment for her condition, complaints, signs, and symptoms from which she was suffering and defendants rendered medical care, diagnosis and treatment. 51. The above medical care, surgical care, diagnostic care, treatment and services rendered to Plaintiff by Defendants DEBRA TAUBEL,M.D., TIRSIT ASFAW,M.D., DMITRY YOUSHKO,M.D.,MEGAN KWASNIAK.,M.D.,LARISSA STATHAKESI P.A.,NEW YORK PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL was rendered careless, unskillfully, negligently, and not in accordance with good and accepted standards of medical care including but not limited to in negligently failing to timely and properly diagnose, address, treat and follow up upon plaintiff is complaints, condition, signs and symptoms; in failing to timely and properly detect, diagnose and treat plaintiff's condition, complaints, signs and symptoms; in failing to properly solicit a medical history; in negligently performing a hysterectomy; in negligently causing a bladder injury; in negligently causing a uterer injury; in negligently causing a ureteral injury; in failing to timely and properly perform a cystoscopy; in failing to timely and properly perform and examination and evaluation of plaintiffs ureteral post operative functioning; in failing to advise plaintiff of alternatives to the subject surgery; in negligently failing to conduct indicated tests and studies or refer for'same; in failing to timely and properly recognize, address, treat and follow up upon plaintiff's condition, complaints, signs and symptoms; in failing to timely and properly determine and address The cause of plaintiff's complaints, condition, signs and symptoms; in 11 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 misdiagnosing plaintiff's condition; in failing to formulate a proper differential diagnosis; in failing to conduct a timely and proper intra operative evaluation of ureteral competency; in causing severe and permanent injuries to plaintiff; in failing to timely and properly appreciate and address results of diagnostic studies performed and laboratory tests ordered; in failing to timely order further laboratory work ups; in negligently failing to obtain informed consent from plaintiff; in failing to ensure that proper referrals were made and necessary consults ordered; in causing medical malpractice resulting in stillbirth resulting in emotional distress; in failing to order adequate and proper tests to determine nature and extent of the ailments and conditions from which plaintiff and fetus was suffering; in causing fetal demise; in causing stillbirth; in failing to order or take the proper examinations and procedures to determine the nature and extent of ailments and condition from which plaintiff is and was suffering; and in otherwise being negligent, careless and departing from good and accepted medical practice. 52. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain severe and serious personal injuries that are permanent in nature. 53. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain severe and serious conscious pain and suffering that are permanent in nature. 54. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain severe and serious mental anguish that are permanent in nature. 55. As a result of all of the foregoing, Plaintiff was caused to undergo multiple surgeries and multiple hospital admissions. 56. As a result of all of the foregoing, Plaintiff was caused to and did suffer and sustain substantial economic losses. 19 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 57. The aforesaid serious and permanent personal injuries, conscious pain and mental anguish,and substantial economic losses suffered and sustained by Plaintiff was occasioned by reason of the negligence, carelessness, and medical malpractice of Defendants DEBRA TAUBEL, M.D., TIRSIT ASFAW, M.D., DMITRY YOUSHKO, M.D., MEGAN KWASNIAK, M.D., LARISSA STATRAKES, P.A., NEW YORK PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL and said injuries were not caused by or contributed to plaintiffin any manner. 58, As a direct and proximate result of the foregoing negligence and medical malpractice of Defendants, DEBRA TAUBEL, M.D., TIRSIT ASFAW, M.D., DMITRY YOUSHKO, M.D., MEGAN KWASNIAK, M.D., LARISSA STATHAKES, P.A., NEW YORK PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL the Plaintiff sustained serious and permanent personal injuries, was caused to suffer severe physical pain, emotional distress and mental anguish as a result thereof, 59. As a result of all of the foregoing, Plaintiff has been injured and damaged in a sum which exceeds the jurisdictional limitations of all lower Courts which would otherwise have jurisdiction over this action, AS AND FOR A SECOND CAUSE OF ACTION (LACK OF INFORMED CONSENT) 60, Plaintiff, repeats, reiterates, and re-alleges each and every allegation contained in,the foregoing paragraphs ofthis Complaint, with the same force and effect as if hereinafter set forth more fully at length. 61. Defendant, DEBRA TA IIIIEL M.D. failed to inform Plaintiff of the reasonably foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and 13 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances,in consequence of which defendant failed to obtain an informed consent thereto. 62, Defendant, TIRSIT ASFAW M.D. failed to inform Plaintiff, of the reasonably foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances, in consequence of which defendant failed to obtain an informed consent thereto. 63. Defendant, DMITRY YOUSHKO,M.D., failed to inform Plaintiff, ofthe reasonably foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances,in consequence of which defendant failed to obtain an informed consent thereto. 64. Defendant, MEGAN KWASNIAIC,M.D., failed to inform Plaintiff, ofthe reasonably foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances, in consequence of which defendant failed to obtain an informed consentthereto. 65. Defendant, LARISSA STATEAKES, P.A failed to inform Plaintiff, of the reasonably foreseeable risks and benefits of, and alternatives to, care, procedures and treatment proposed and rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances, in consequence of which defendant failed to obtain an informed consent thereto. 66. Defendant, NEW YORK PRESBYTERIAN HOSPITAL failed to inform Plaintiff of the reasonably foreseeable risks and benefits of, and alternatives to, the care, procedures and treatment proposed and rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances, in consequence of which defendant failed to obtain an informed consent thereto. 14 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 I I - 67. Defendant, BROOKLYN HOSPITAL failed to inform Plaintiff of the reasonably foreseeable risks and benefits of, and alternatives to, the care, procedures and treatment proposed and rendered, which would have been disclosed by reasonable medical practitioners in similar circumstances,in consequence of which defendant failed to obtain an informed consent thereto. 68. There were certain risks, hazards, dangers and alternatives to the aforesaid medical care and treatment rendered to Plaintiff, or lack thereof 69. The Plaintiff had no knowledge of the risks, hazards, dangers or alternatives to the aforesaid medical care and treatment or lack thereof. 70. The Plaintiff, had the right to know ofthe aforesaid risks, hazards, dangers and alternatives. 71. The Defendants had a duty to warn, or advise the Plaintiff of the risks, hazards, dangers and alternatives to that portion of the aforesaid medical care and treatment rendered by the Defendant, their agents, servants or employees, 72. The Defendants failed to warn or advise the Plaintiff of the aforesaid risks, hazards, dangers and alternatives to the aforesaid medical care and treatment or lack thereof. 73. Had the Plaintiff or any reasonable person, been informed of the aforesaid risks, benefits, and alternatives to the ewe, procedures and treatment performed, she would not have consented to'the aforesaid medical care and treatment or lack thereof. 74. A reasonably prudent person in Plaintiff's position would not have undergone the treatments, procedures had proper information been conveyed in lay person terms regarding the indication for such treatment, procedure, care as well as the risks, benefits, and alternatives to same. 75. The lack of informed consent herein is a proximate cause of the injuries, conditions, and disabilities for which recovery is sought. 76. As a direct and proximate result of the foregoing negligence and medical 15 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 , I I malpractice of Defendants, DEBRA TAUBEL, M.D., TWIT ASFAW, M.D., DIVIITRi YOUSHKO, M.D., MEGAN KWASNTAK, M.D., LARISSA STATHAKES, P.A., NEW YORK' PRESBYTERIAN HOSPITAL and BROOKLYN HOSPITAL Plaintiff sustained serious and permanent personal injuries, was caused to suffer severe physical pain and mental anguish as a result thereof, and was caused to die as a consequence of thereof. 77, M a result of the foregoing, Plaintiff was damaged in a sum, which exceeds the jurisdictional limits ofall lower Courts, which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION ON BEHALF OF OL,IT MI JOLAOSHO (LOSS OF CONSORTIUM) 78. The Plaintiff, OLUJTMT JOLA081'0 repeats, reiterates and re-alleges each and every allegation contained in the foregoing paragraphs of this Complaint with the same force and effect as if hereinafter set forth fully hr.rein, 79. At all times herein mentioned, and to (late, Plaintiff, OLUJIMI JOLAOSHO .was the lawful wedded husband of Plaintiff and they duly co-habitated as husband and wife, 80. As a result ofthe foregoing, Plaintiff, OLUJTMI JOLAOSHO,suffered loss of consortium, having been deprived of the rights and interests which have accrued by reason of their marriage, and the continuation of said marital relationship, including those of conjugal fellowship, sexual fulfillment, support, aid, companionship, company, society, affection, comfort and services, and has been caused to expend money for medicines and medical, hospital, therapeutic and psychological care and treatment, all to his damage, 81. The Plaintiff, OLU,TIMI .1 OLAOSII0,seeks an amount of damages, which exceeds the jurisdictional limits of all lower courts, which would otherwise have jurisdiction. FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 82. As a result of the foregoing, malpractice, negligence and carelessness, plaintiff was damaged in a sum, which exceeds the jurisdictional limits of all lower Courts, which would otherwise have jurisdiction. WHEREFORE,the Plaintiff, demands judgment against the Defendants on the First, Second, and Third Causes of Action in an amount, respectively, which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction of this action; together with interest, attorneys fees, costs and disbursements of this action, PLAINTIFF DEMANDS A TRIAL BY TORY Dated: New York,New York July 29,2015 Yours,etc. DOUGT ONDO ,P.C. J idolph ititomeys for 59-Maidertirne,6 floor New York, New Yo 10038 (212) 566-7500 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 INDIVIDUAL'VERIFICATION STATE OF NEW YORK ) : SS.: COUNTY OF NEW YORK ) Shellyann Koffman, being duly sworn, deposes and says: I am over eighteen (18) years of age and I reside in New York New York, and I am the plaintiff in this action. I have read the foregoing COMPLAINT and upon information and belief, know the contents thereof, and same are true to my knowledge upon information and belief, and as to these matters,I believe them to be true. Dated: New York, New York 1. SHELLY s HOF Sworn to beforsm this day %Jo ,2015 Public JOHN K COYLE NEW YORK NOTARY PUBLIC-STATE OP No. 01C06046090 6lualltt®d in Nassau unit/co 01 5 EXplies July mit OccAmISHon FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 •a•al.••• • a% al•V ••• a a %I a• AO a • •1 ' YSCEF DOC. NO. 2 RECEIVED RUM: 08/03/201 CltleArkATE Orb :MT STATE OF NEW YORK ) s.s.: COUNTY OF NEW YORK ) 13ANDOtall-,JANIS, an attorney duly admitted to practice in the Courts of the State of New York,hereby affirms as follows pursuant to CPLR § 2106. I have reviewed the facts ofthis case and consulted with at least one physician who is licensed to practice medicine in this state and who I reasonably believe isinowledgeable in the,relevtint issue itivolved in this action, and.1 have concluded on the basis of.sucltreview and consultation that this is a reasonable basis for the commencement of this action. Dated: New York,New York July 29 2015 ;0 FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF tifeet/ANC x -5haystnn g000tnan and / ; So &ash , Plaintiff(s)/Petitioner(s), Index No. 0S...40OVICAS- iii.4474 2712)7 77/25/74 seROA:against- Defendant(s)filespondent(s). -x NOTICE REGARDING AVAILABILITY OF ELECTRONIC FILING SITPREINATI: COURT CASES PLEASE TAKE NOTICE that p]aintifffsypetitioner(s)[defendant(s)/respondent(s)]in the case captioned above intends that this matter proceed as an el ectroni ally-filed case in the New York State Courts Electronic Filing System("NYSCEF")in accordance with the procedures therefor,setforth in Uniform Rule 202.5-b and described below. Under that Rule, filing and service of papers by electronic means cannot be made by a party nor can electronic service be made upon a party artless that party has consented to use ofthe System forthe ease in question. Each party served with this Notice must promptly file with the court and serve on all other parties either a consent or a declination of consent to electronic fi:Ing and service through NYSCEF for this case.(See Instruction # 2 below.) , Cear ”t Ii n n nation Electronic filing offers significant benefits for attorneys and litigants,permitting documentsto befiledwith the County Clerk and the court and served, between or among consenting parties, byposting the documents on the NYSCEF Website, which can be done al y !irne of the day or night on any day of the week. There is no fee to use the NYSCEF System,whether for filing, service, or consultation of the electronic docket,nor is there a charge to print documents from the docket. Normal faingFeesrur tbepaid,butthiscanbedonebycreditorbankcard on-line. For additional procedures and information, sec UniformRule 202.5-b, any e-filing protocol that may have been promulgated by the court in question, and the NYSCEF Wcbsite at www.nycourts.gov/efile. FILED: NEW YORK COUNTY CLERK 05/29/2020 04:59 PM INDEX NO. 805302/2015 NYSCEF DOC. NO. 99 RECEIVED NYSCEF: 05/29/2020 Instructions 1. Service of this Notice constitutes consent to e-fling and a statement ofintent by the undersigned to use the NYSCEF System in this case. When an action or proceeding isbeingcommencedthrough the NYSCEF System,this Notice must accompany service of the initiating papers. 2. Each party served with this Notice may consent to e-filing either:(i)by filing with the court and serving on all parties of record a consent to o-fi ling, or (ii) if an authorized e-filing user, by filing a consent electronically in the manner prey'ecd 21 t[:::Infrs .r7.7.1? s tc.Parties who do not wish to consent mustfile and serve a written declination of consent. If cne party or some but fewer than all parties consent, NYSCEF may be used by and between or among cc:,sensing parties. 3. Eachparticipating attorney, unless a Er cad y ezzisterecl, or self-representedparty mustPROMPTLY create a NYSCEF account and obtain the confid c::::::!Fi!ing User Identification Number and Password necessary to use the system.To create a NYS(-'7.1- CC''!1.1111.) !o www.nycourts.goviefile,click the Create anAccount link, and follow the instructions. 4. For additMnal information about NYECIT ace the User is Manual and Frequently Asked Questions on the Website,or contact the court in quo:::ion or :he'ifY3CEF Resource Center(phone;646-386-3033; e-mail: efile0Mycourts.gov; mailing addrers: 60 Centre. ::trect, New York,New York 10007). (Signature) 7(5.50 (Phone) A P...4*raph 1.) (Na:cc) e9 k-572 — ‘.37)/ (Fax) Thsvai, r}' f3>7,7_, 1• (Fir..) riIan S@ ksemet (E-mail) /MAK eiPn 619 inii:15 6 6 /1 4=4,4-X— (Ad.ft--) itielk ) eatWi //dW Attomey(s)for eetz.4/7A4.,s. 6/4f14 2