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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
xxxxxx xxxxxxxx, on behalf of Index No.: 26910/12
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually, VERIFIED SUPPLEMENTAL
BILL OF PARTICULARS AS
Plaintiffs, TO DEFENDANT RONALD J.
TADDEO, M.D.
-against-
RONALD J. TADDEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS (USA), INC.,
Defendants.
C O U N S E L O R S:
Plaintiffs xxxxxx xxxxxxxx, on behalf of an infant under the
age of 18, and PAMEL xxxxxxxx, Individually, by their attorneys, NAPOLI SHKOLNIK,
PLLC, as and for a Verified Supplemental Bill of Particulars responsive to the Demand for a
Verified Bill of Particulars of defendant RONALD J. TADDEO, M.D. herein respectfully set
forth, to the best of Plaintiff’s knowledge at this time and upon information and belief:
1. The negligent acts and omissions as claimed against the answering defendants
herein took place from July 5, 2007 and continuing through to and including September 24,
2009.
2. The negligent and/or otherwise tortious acts and/or omissions claimed against
Defendant RONALD J. TADDEO, M.D. took place at SHORE PSYCHIATRIC CENTER
located at 4 Phyllis Drive, Suite H, Patchogue, NY 11772.
3. Defendant RONALD J. TADDEO, M.D deviated from accepted standards of
medical practice, and committed medical malpractice, by virtue of the following acts and/or
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omissions: in prescribing the drug Topamax (topiramate) for a purpose not approved by the
FDA; in putting the Plaintiff and infant-plaintiff in danger though the unwarranted and
unapproved prescription and administration of Topamax; in failing to advise the Plaintiff xxxxxx
xxxxxxxx that Topamax was being prescribed off-label in failing to warn the plaintiff xxxxxx
xxxxxxxx of the risks and dangers associated with Topamax, including risk of fetal injury and
congenital deformities, and in particular cleft lip and palate; in failing to warn the patient of the
known risks of taking Topamax while pregnant; in causing and allowing infant plaintiff to
develop a cleft lip/cleft palate; in failing to consider plaintiff xxxxxx xxxxxxxx’s reproductive
status in her plan of care; in failing to warn the plaintiff of the risks associated with pregnancy
when taking Topamax; failure to have a risk-benefit analysis with the plaintiff; failure to
discontinue Topamax at a point when fetal injury/effects on fetal development could have been
prevented or mitigated; failure to recommend hospitalization for rapid discontinuance of
Topamax; failing to properly monitor and follow up with the plaintiff; failing to discuss,
recommend or prescribe low-risk alternatives; in prescribing Topamax in an excessive and
dangerously high amount; failing to investigate and educate himself on the risks and dangers of
Topamax despite prescribing it to patients; failing to consult with experts including a
reproductive psychiatrist; in deviating and departing from the good and accepted standards of
medical, care and treatment; in prescribing dangerous and contraindicated drugs with dangerous
side effects which resulted in Infant-Plaintiff’s condition; in failing to promptly, properly, timely
and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage
Infant-Plaintiff’s conditions from which he was suffering at such time as it was treatable,
operable, curable and/or manageable; in failing to promptly, properly, timely and adequately
order, direct, recommend, advise, refer, provide, perform and/or ensure the performance of such
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medical treatment as were urgently required to prevent the worsening of Infant-Plaintiff’s
conditions; in failing to promptly, properly, timely and adequately detect, discover, diagnose,
consider, evaluate, investigate, treat, operate, remove and manage the said conditions prior to its
progression; in failing to promptly, properly, timely and adequately detect, discover, diagnose,
consider, evaluate, investigate, treat and manage the said conditions at such time as it was more
easily treatable, preventable, manageable and/or curable; in failing to promptly, properly and
adequately test, evaluate, assess, interpret, consider, diagnose and treat Infant-Plaintiff’s relative
to prolonged and persistent complaints, signs, symptoms and findings indicative of his
conditions; in causing, allowing and permitting signs, symptoms, complaints and manifestations
of prolonged and persistent indications for Infant-Plaintiff’s conditions to remain undetected,
undiscovered, ignored, undiagnosed and untreated for an unreasonably long period of time; in
causing, allowing and permitting Infant-Plaintiff’s conditions to increase, worsen and progress;
in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer,
provide, perform and/or ensure compliance with orders, directions, instructions and policies
relative to the testing, care, treatment and management of Infant-Plaintiff; in failing to prevent
and/or promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate,
investigate, treat and manage Infant-Plaintiff’s condition; in failing to elicit, inquire and/or obtain
suitable, adequate and appropriate information regarding Infant-Plaintiff’s condition during his
hospitalization, and/or at all times as he came under the care, diagnosis, treatment and
management of the defendants; in failing to call in and/or ensure the presence of competent,
qualified, skilled, experienced, trained and diligent physicians, surgeons, and radiologists; in
failing to provide Infant-Plaintiff with the proper, adequate and required medical, surgical and
post-operative care, attention and treatment which Infant-Plaintiff's condition required and which
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the defendants represented to have possessed and would afford to Infant-Plaintiff; in failing to
perform the necessary and required tests, examinations and evaluations to determine the extent
and nature of Infant-Plaintiff's condition, pre-operatively, operatively and post-operatively; in
failing to obtain the informed consent of Infant-Plaintiff’s lawful representative; in failing to
administer proper instructions to the various physicians and other hospital and medical personnel
in the care and treatment of Infant-Plaintiff, operatively and post-operatively; in failing to have
available and provide the necessary and required equipment, apparatus and/or facilities for the
testing, diagnosis, care, treatment and/or surgical procedures upon Infant-Plaintiff; in failing and
neglecting to make entries in the records or charts made and maintained with respect to Infant-
Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to
properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to
adequately and properly treat Infant-Plaintiff and to render such competent, diligent and skillful
care, treatment and procedures as the defendant represented to have possessed and would afford
to Infant-Plaintiff; in deviating and departing from the good and accepted standards of hospital,
medical and/or surgical care and practice; in causing Infant-Plaintiff to suffer severe injuries and
permanent damages and conditions all as a result of the carelessness, negligence and malpractice
of the defendant; in failing to properly advise Infant-Plaintiff as to the nature and extent of such
procedures as were to be performed and/or failed to be performed, and the possible
complications thereof; in failing to elicit and obtain a proper, correct and accurate history relative
to Infant-Plaintiff’s signs, symptoms, complaints and condition; in failing to ask the proper and
appropriate questions so as to elicit and obtain a proper, correct and accurate history relative to
Infant-Plaintiff's signs, symptoms, complaints and condition; in failing and neglecting to make
proper, appropriate, correct and accurate entries in the records or charts made and maintained
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with respect to Infant-Plaintiff; in failing and neglecting to take or record proper histories; in
failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken
or recorded; in failing to make proper, adequate and correct notations in the records and charts
made and maintained with respect to the signs, symptoms and complaints described, complained
of and reported by Infant-Plaintiff; in carelessly, negligently, wantonly, incorrectly and
improperly documenting the history provided by Infant-Plaintiff; in violating those statutes,
ordinances, rules and regulations in such cases made and provided, of which this Court may
properly take Judicial Notice at the time of the trial of this action; and in being careless,
negligent and culpable of committing malpractice in the care, treatment and management of
Infant-Plaintiff.
4. Inapplicable – Notice of a condition is not a pre-requisite to the claims being
made by the Plaintiffs herein.
5. Inapplicable – Actual notice is not a pre-requisite to the claims being made by the
Plaintiffs herein.
6. That as a result of the negligence and malpractice of the named defendants,
Infant-Plaintiff sustained the following personal injuries and their sequelae:
BILATERAL CLEFT LIP;
BILATERAL CLEFT PALATE;
NARROW MAXILLARY JAW;
POSTERIOR CROSS BITE ON LEFT SIDE;
ABNORMAL TEETH ALIGNMENT (SKELETAL CLASS 3);
MISSING TEETH/ABNORMAL DENTAL DEVELOPMENT;
CONDUCTIVE HEARING LOSS;
HEARING IMPAIRMENT;
CLEFT PALATE & EUSTACHIAN TUBE DYSFUNCTION;
CHRONIC OTITIS MEDIA WITH EFFUSION;
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BILATERAL MYRINGOTOMY AND TYMPANOSTOMY TUBES ON
OCTOBER 13, 2010;
BILATERAL CLEFT LIP, CLEFT PALATE & ASSOCIATED NASAL
REPAIR ON OCTOBER 13, 2010;
SOFT PALATOPLASTY ON AUGUST 4, 2011;
FABRICATION AND SCREW FIXATION OF OBTURATOR PROSTHESIS
ON AUGUST 4, 2011;
OBTURATOR SCREW FIXATION FOR CLEFT PALATE ON FEBRUARY
22, 2012;
REPAIR OF CLEFT PALATE WITH MODIFIED FOUR FLAP ON
SEPTEMBER 17, 2012;
CLOSURE OF ORONASAL COMMUNICATION, PALATOPLASTY WITH
BONE GRAFT ON 01/02/2018;
MULTIPLE TOOTH EXTRACTIONS;
ADENOTONSILLAR HYPERTROPHY;
NEED FOR PALATE EXPANSION EQUIPMENT;
PSYCHOLOGICAL TRAUMA;
SURGERIES AND INVASIVE PROCEDURES;
FACIAL SCARRING AND DISFIGUREMENT;
HOSPITILIZATIONS;
FEEDING DIFFICULTIES;
SPEECH IMPEDIMENT;
PROMINENT LATERAL LISP;
PAIN AND SUFFERING;
DELAYS AND DIFFICULTIES WITH GROSS MOTOR SKILLS;
WEAKNESS AND LACK OF STRENGTH;
LEARNING AND DEVELOPMENTAL DELAYS;
COGNITIVE DEFICITS WITH RESPECT TO PROCESSING SPEED AND
WORKING MEMORY;
ATTENTION DEFICIT HYPERACTIVITY DISORDER;
OPPOSITIONAL DEFIANT DISORDER
NEED FOR EDUCATIONAL INTERVENTION;
NEED FOR SPEECH, PHYSICAL, AND OCCUPATIONAL THERAPY;
DISRUPTION OF LIFE GOALS;
DISRUPTION OF NORMAL CHILDHOOD;
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DISRUPTION OF NORMAL CHILDHOOD ACTIVITIES;
SELF-CONSCIOUSNESS OF SCARRING;
ADJUSTMENT ISSUES;
GENERALIZED ANXIETY DISORDER;
DEPRESSION;
LOSS OF SELF ESTEEM;
PSYCHOLOGICAL SERVICES AND THERAPY;
SLEEP APNEA, SNORING & DROOLING;
NEED FOR FUTURE TREATMENT AND THERAPIES INCLUDING
DENTAL, ENT, NEUROLIGICAL; PSYCHIATRIC; ORTHODONTIC;
MAXILLOFACIAL and PLASTICS.
NEED FOR FUTURE DENTAL SURGERIES INCLUDING REMOVAL OF
NECESSARY PRIMARY TEETH; LEFT MAXILLARY ALVEOLAR BONE GRAFT
AND CLOSURE OF ORO-NASAL COMMUNICATION; REMOVAL OF WISDOM
TEETH UNDER SEDATION; FURTHER BONE GRAFTING; PLACEMENT OF
DENTAL IMPLANTS FOR CONGENITALLY MISSING TEETH; AND MAXILLARY
ADVANCEMENT SURGERY.
NEED FOR FUTURE COSMETIC/PLASTIC SURGERIES INCLUDING
CLEFT LIP/NASAL TIP REVISION AND NASAL SEPTAL REPAIR.
NEED FOR COMPREHENSIVE ORTHODONTIC TREATMENT
INCLUDING PALATE EXPANDERS/SPACERS, BRACES AND OTHER
CORRECTIVE EQUIPMENT.
7. Plaintiff is not asserting a claim for defective equipment.
8. Plaintiff(s) was confined as follows:
(a) Bed: Infant-Plaintiff was confined to his bed intermittently following the date
of occurrence, to the present time, and continuing.
(b) Home: Infant-Plaintiff was confined to his home intermittently following the
date of occurrence, to the present time, and continuing.
(c) Hospital: Hospital admissions are to be provided under separate cover.
(d) Nursing Home or Rehabilitation: None
9. The total amounts claimed as special damages are as follows:
(a) Physicians: $1,000,000.
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(b) Nurses: $500,000.
(c) Medical Supplies: $500,000.
(d) Hospital: $1,000,000.
(e) Loss of Earnings: No claim for past loss of earnings is made herein.
However, as a result of the claimed malpractice, the infant-plaintiff has
suffered a reduction in future earning capacity, as outline in the report by
Comprehensive Rehabilitation Consultants.
(f) Other: Plaintiff claims expenses for additional therapies, dental care, and
equipment as outlined in the report by Comprehensive Rehabilitation
Consultants, which has previously been exchanged.
10. Plaintiffs received collateral source benefits from Magnacare located at P.O. Box
1001, Garden City, NY 11530. Plaintiffs’ collateral source identification number is
1021100469651.
11. No claim for past loss of earnings is made herein. However, as a result of the claimed
malpractice, the infant-plaintiff has suffered a an approximately 27 percent reduction in future
earning capacity, from $70,491.25 average per annum to 64,381.75.
12. Plaintiff xxxxxx xxxxxxxx was born on .
Infant-Plaintiff was born on .
13. Plaintiffs reside at 1734 Spur Dr. South, Islip, New York 11751.
14. Plaintiffs’ Social Security Numbers have previously been provided.
15. Plaintiffs claim that no discussions were had with respect to the risks, hazards and
alternatives incidental to the treatment and/or that the risks, hazards and alternatives incidental to
the treatment were not adequately explained, including that the drug Topamax (topiramate) is
teratogenic and likely to cause severe injury to her fetus, specifically bilateral cleft lip and cleft
palate. Defendant Taddeo failed obtain the plaintiff’s informed consent that use of the drug
Topamax was linked to negative fetal outcomes; that the drug Topamax is not approved by the
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FDA for treatment of psychiatric disorders including bipolar disporder and borderline personality
disorder. Dr. Taddeo failed to present alternative non-teratogenic treatments to the plaintiff.
Had xxxxxx xxxxxxxx been fully informed as to the nature, purposes, known perils,
recognized hazards, risks, and possible complications of Topamax, She would have refused said
medication, and would have sought and/or obtained alternative care and treatment.
16. Inapplicable – No claim for breach of contract is made herein.
Dated: New York, New York
August 15, 2022
Yours, etc.
NAPOLI SHKOLNIK, PLLC
Attorneys for Plaintiff
___________________________
By: xxxxxx xxxxxxx
360 Lexington Avenue, 11th Floor
New York, New York 10017
Tel: (212) 397-1000
TO:
MARTIN CLEARWATER BELL
Attorneys for Defendants
90 MERRICK AVENUE, SUITE 401
EAST MEADOW, NY 11554
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VERIFICATION
xxxxxx xxxxxxx, an attorney duly admitted to practice law in the Courts of this State,
affirms the following under penalties of perjury:
I am the attorney for the plaintiff(s) in the above entitled-action. I have read the foregoing
SUPPLEMENTAL VERIFIED BILL OF PARTICULARS and know the contents thereof, and
upon information and belief, affirmant believes after an inquiry reasonable under the
circumstances the matters alleged herein to be true, and that the contentions herein are not
frivolous, as that term is defined in Part 130.
The reason this verification is made by affirmant and not by plaintiff(s) is that the
plaintiff(s) herein reside in a County other than the County in which we maintain our offices.
The source of affirmant's information and the grounds of her belief are communications,
papers, reports and investigations contained in the file maintained by this office.
Dated: New York, New York
August 15, 2022
____________________________
xxxxxx xxxxxxx
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Preview
08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK xxxxxx xxxxxxxx, on behalf of Index No.: 26910/12 an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, VERIFIED SUPPLEMENTAL BILL OF PARTICULARS AS Plaintiffs, TO DEFENDANT RONALD J. TADDEO, M.D. -against- RONALD J. TADDEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS (USA), INC., Defendants. C O U N S E L O R S: Plaintiffs xxxxxx xxxxxxxx, on behalf of an infant under the age of 18, and PAMEL xxxxxxxx, Individually, by their attorneys, NAPOLI SHKOLNIK, PLLC, as and for a Verified Supplemental Bill of Particulars responsive to the Demand for a Verified Bill of Particulars of defendant RONALD J. TADDEO, M.D. herein respectfully set forth, to the best of Plaintiff’s knowledge at this time and upon information and belief: 1. The negligent acts and omissions as claimed against the answering defendants herein took place from July 5, 2007 and continuing through to and including September 24, 2009. 2. The negligent and/or otherwise tortious acts and/or omissions claimed against Defendant RONALD J. TADDEO, M.D. took place at SHORE PSYCHIATRIC CENTER located at 4 Phyllis Drive, Suite H, Patchogue, NY 11772. 3. Defendant RONALD J. TADDEO, M.D deviated from accepted standards of medical practice, and committed medical malpractice, by virtue of the following acts and/or 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 omissions: in prescribing the drug Topamax (topiramate) for a purpose not approved by the FDA; in putting the Plaintiff and infant-plaintiff in danger though the unwarranted and unapproved prescription and administration of Topamax; in failing to advise the Plaintiff xxxxxx xxxxxxxx that Topamax was being prescribed off-label in failing to warn the plaintiff xxxxxx xxxxxxxx of the risks and dangers associated with Topamax, including risk of fetal injury and congenital deformities, and in particular cleft lip and palate; in failing to warn the patient of the known risks of taking Topamax while pregnant; in causing and allowing infant plaintiff to develop a cleft lip/cleft palate; in failing to consider plaintiff xxxxxx xxxxxxxx’s reproductive status in her plan of care; in failing to warn the plaintiff of the risks associated with pregnancy when taking Topamax; failure to have a risk-benefit analysis with the plaintiff; failure to discontinue Topamax at a point when fetal injury/effects on fetal development could have been prevented or mitigated; failure to recommend hospitalization for rapid discontinuance of Topamax; failing to properly monitor and follow up with the plaintiff; failing to discuss, recommend or prescribe low-risk alternatives; in prescribing Topamax in an excessive and dangerously high amount; failing to investigate and educate himself on the risks and dangers of Topamax despite prescribing it to patients; failing to consult with experts including a reproductive psychiatrist; in deviating and departing from the good and accepted standards of medical, care and treatment; in prescribing dangerous and contraindicated drugs with dangerous side effects which resulted in Infant-Plaintiff’s condition; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage Infant-Plaintiff’s conditions from which he was suffering at such time as it was treatable, operable, curable and/or manageable; in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or ensure the performance of such 2 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 medical treatment as were urgently required to prevent the worsening of Infant-Plaintiff’s conditions; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat, operate, remove and manage the said conditions prior to its progression; in failing to promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage the said conditions at such time as it was more easily treatable, preventable, manageable and/or curable; in failing to promptly, properly and adequately test, evaluate, assess, interpret, consider, diagnose and treat Infant-Plaintiff’s relative to prolonged and persistent complaints, signs, symptoms and findings indicative of his conditions; in causing, allowing and permitting signs, symptoms, complaints and manifestations of prolonged and persistent indications for Infant-Plaintiff’s conditions to remain undetected, undiscovered, ignored, undiagnosed and untreated for an unreasonably long period of time; in causing, allowing and permitting Infant-Plaintiff’s conditions to increase, worsen and progress; in failing to promptly, properly, timely and adequately order, direct, recommend, advise, refer, provide, perform and/or ensure compliance with orders, directions, instructions and policies relative to the testing, care, treatment and management of Infant-Plaintiff; in failing to prevent and/or promptly, properly, timely and adequately detect, discover, diagnose, consider, evaluate, investigate, treat and manage Infant-Plaintiff’s condition; in failing to elicit, inquire and/or obtain suitable, adequate and appropriate information regarding Infant-Plaintiff’s condition during his hospitalization, and/or at all times as he came under the care, diagnosis, treatment and management of the defendants; in failing to call in and/or ensure the presence of competent, qualified, skilled, experienced, trained and diligent physicians, surgeons, and radiologists; in failing to provide Infant-Plaintiff with the proper, adequate and required medical, surgical and post-operative care, attention and treatment which Infant-Plaintiff's condition required and which 3 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 the defendants represented to have possessed and would afford to Infant-Plaintiff; in failing to perform the necessary and required tests, examinations and evaluations to determine the extent and nature of Infant-Plaintiff's condition, pre-operatively, operatively and post-operatively; in failing to obtain the informed consent of Infant-Plaintiff’s lawful representative; in failing to administer proper instructions to the various physicians and other hospital and medical personnel in the care and treatment of Infant-Plaintiff, operatively and post-operatively; in failing to have available and provide the necessary and required equipment, apparatus and/or facilities for the testing, diagnosis, care, treatment and/or surgical procedures upon Infant-Plaintiff; in failing and neglecting to make entries in the records or charts made and maintained with respect to Infant- Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to adequately and properly treat Infant-Plaintiff and to render such competent, diligent and skillful care, treatment and procedures as the defendant represented to have possessed and would afford to Infant-Plaintiff; in deviating and departing from the good and accepted standards of hospital, medical and/or surgical care and practice; in causing Infant-Plaintiff to suffer severe injuries and permanent damages and conditions all as a result of the carelessness, negligence and malpractice of the defendant; in failing to properly advise Infant-Plaintiff as to the nature and extent of such procedures as were to be performed and/or failed to be performed, and the possible complications thereof; in failing to elicit and obtain a proper, correct and accurate history relative to Infant-Plaintiff’s signs, symptoms, complaints and condition; in failing to ask the proper and appropriate questions so as to elicit and obtain a proper, correct and accurate history relative to Infant-Plaintiff's signs, symptoms, complaints and condition; in failing and neglecting to make proper, appropriate, correct and accurate entries in the records or charts made and maintained 4 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 with respect to Infant-Plaintiff; in failing and neglecting to take or record proper histories; in failing and neglecting to properly respond to, be cognizant of, or make use of the histories taken or recorded; in failing to make proper, adequate and correct notations in the records and charts made and maintained with respect to the signs, symptoms and complaints described, complained of and reported by Infant-Plaintiff; in carelessly, negligently, wantonly, incorrectly and improperly documenting the history provided by Infant-Plaintiff; in violating those statutes, ordinances, rules and regulations in such cases made and provided, of which this Court may properly take Judicial Notice at the time of the trial of this action; and in being careless, negligent and culpable of committing malpractice in the care, treatment and management of Infant-Plaintiff. 4. Inapplicable – Notice of a condition is not a pre-requisite to the claims being made by the Plaintiffs herein. 5. Inapplicable – Actual notice is not a pre-requisite to the claims being made by the Plaintiffs herein. 6. That as a result of the negligence and malpractice of the named defendants, Infant-Plaintiff sustained the following personal injuries and their sequelae: BILATERAL CLEFT LIP; BILATERAL CLEFT PALATE; NARROW MAXILLARY JAW; POSTERIOR CROSS BITE ON LEFT SIDE; ABNORMAL TEETH ALIGNMENT (SKELETAL CLASS 3); MISSING TEETH/ABNORMAL DENTAL DEVELOPMENT; CONDUCTIVE HEARING LOSS; HEARING IMPAIRMENT; CLEFT PALATE & EUSTACHIAN TUBE DYSFUNCTION; CHRONIC OTITIS MEDIA WITH EFFUSION; 5 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 BILATERAL MYRINGOTOMY AND TYMPANOSTOMY TUBES ON OCTOBER 13, 2010; BILATERAL CLEFT LIP, CLEFT PALATE & ASSOCIATED NASAL REPAIR ON OCTOBER 13, 2010; SOFT PALATOPLASTY ON AUGUST 4, 2011; FABRICATION AND SCREW FIXATION OF OBTURATOR PROSTHESIS ON AUGUST 4, 2011; OBTURATOR SCREW FIXATION FOR CLEFT PALATE ON FEBRUARY 22, 2012; REPAIR OF CLEFT PALATE WITH MODIFIED FOUR FLAP ON SEPTEMBER 17, 2012; CLOSURE OF ORONASAL COMMUNICATION, PALATOPLASTY WITH BONE GRAFT ON 01/02/2018; MULTIPLE TOOTH EXTRACTIONS; ADENOTONSILLAR HYPERTROPHY; NEED FOR PALATE EXPANSION EQUIPMENT; PSYCHOLOGICAL TRAUMA; SURGERIES AND INVASIVE PROCEDURES; FACIAL SCARRING AND DISFIGUREMENT; HOSPITILIZATIONS; FEEDING DIFFICULTIES; SPEECH IMPEDIMENT; PROMINENT LATERAL LISP; PAIN AND SUFFERING; DELAYS AND DIFFICULTIES WITH GROSS MOTOR SKILLS; WEAKNESS AND LACK OF STRENGTH; LEARNING AND DEVELOPMENTAL DELAYS; COGNITIVE DEFICITS WITH RESPECT TO PROCESSING SPEED AND WORKING MEMORY; ATTENTION DEFICIT HYPERACTIVITY DISORDER; OPPOSITIONAL DEFIANT DISORDER NEED FOR EDUCATIONAL INTERVENTION; NEED FOR SPEECH, PHYSICAL, AND OCCUPATIONAL THERAPY; DISRUPTION OF LIFE GOALS; DISRUPTION OF NORMAL CHILDHOOD; 6 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 DISRUPTION OF NORMAL CHILDHOOD ACTIVITIES; SELF-CONSCIOUSNESS OF SCARRING; ADJUSTMENT ISSUES; GENERALIZED ANXIETY DISORDER; DEPRESSION; LOSS OF SELF ESTEEM; PSYCHOLOGICAL SERVICES AND THERAPY; SLEEP APNEA, SNORING & DROOLING; NEED FOR FUTURE TREATMENT AND THERAPIES INCLUDING DENTAL, ENT, NEUROLIGICAL; PSYCHIATRIC; ORTHODONTIC; MAXILLOFACIAL and PLASTICS. NEED FOR FUTURE DENTAL SURGERIES INCLUDING REMOVAL OF NECESSARY PRIMARY TEETH; LEFT MAXILLARY ALVEOLAR BONE GRAFT AND CLOSURE OF ORO-NASAL COMMUNICATION; REMOVAL OF WISDOM TEETH UNDER SEDATION; FURTHER BONE GRAFTING; PLACEMENT OF DENTAL IMPLANTS FOR CONGENITALLY MISSING TEETH; AND MAXILLARY ADVANCEMENT SURGERY. NEED FOR FUTURE COSMETIC/PLASTIC SURGERIES INCLUDING CLEFT LIP/NASAL TIP REVISION AND NASAL SEPTAL REPAIR. NEED FOR COMPREHENSIVE ORTHODONTIC TREATMENT INCLUDING PALATE EXPANDERS/SPACERS, BRACES AND OTHER CORRECTIVE EQUIPMENT. 7. Plaintiff is not asserting a claim for defective equipment. 8. Plaintiff(s) was confined as follows: (a) Bed: Infant-Plaintiff was confined to his bed intermittently following the date of occurrence, to the present time, and continuing. (b) Home: Infant-Plaintiff was confined to his home intermittently following the date of occurrence, to the present time, and continuing. (c) Hospital: Hospital admissions are to be provided under separate cover. (d) Nursing Home or Rehabilitation: None 9. The total amounts claimed as special damages are as follows: (a) Physicians: $1,000,000. 7 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 (b) Nurses: $500,000. (c) Medical Supplies: $500,000. (d) Hospital: $1,000,000. (e) Loss of Earnings: No claim for past loss of earnings is made herein. However, as a result of the claimed malpractice, the infant-plaintiff has suffered a reduction in future earning capacity, as outline in the report by Comprehensive Rehabilitation Consultants. (f) Other: Plaintiff claims expenses for additional therapies, dental care, and equipment as outlined in the report by Comprehensive Rehabilitation Consultants, which has previously been exchanged. 10. Plaintiffs received collateral source benefits from Magnacare located at P.O. Box 1001, Garden City, NY 11530. Plaintiffs’ collateral source identification number is 1021100469651. 11. No claim for past loss of earnings is made herein. However, as a result of the claimed malpractice, the infant-plaintiff has suffered a an approximately 27 percent reduction in future earning capacity, from $70,491.25 average per annum to 64,381.75. 12. Plaintiff xxxxxx xxxxxxxx was born on . Infant-Plaintiff was born on . 13. Plaintiffs reside at 1734 Spur Dr. South, Islip, New York 11751. 14. Plaintiffs’ Social Security Numbers have previously been provided. 15. Plaintiffs claim that no discussions were had with respect to the risks, hazards and alternatives incidental to the treatment and/or that the risks, hazards and alternatives incidental to the treatment were not adequately explained, including that the drug Topamax (topiramate) is teratogenic and likely to cause severe injury to her fetus, specifically bilateral cleft lip and cleft palate. Defendant Taddeo failed obtain the plaintiff’s informed consent that use of the drug Topamax was linked to negative fetal outcomes; that the drug Topamax is not approved by the 8 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 FDA for treatment of psychiatric disorders including bipolar disporder and borderline personality disorder. Dr. Taddeo failed to present alternative non-teratogenic treatments to the plaintiff. Had xxxxxx xxxxxxxx been fully informed as to the nature, purposes, known perils, recognized hazards, risks, and possible complications of Topamax, She would have refused said medication, and would have sought and/or obtained alternative care and treatment. 16. Inapplicable – No claim for breach of contract is made herein. Dated: New York, New York August 15, 2022 Yours, etc. NAPOLI SHKOLNIK, PLLC Attorneys for Plaintiff ___________________________ By: xxxxxx xxxxxxx 360 Lexington Avenue, 11th Floor New York, New York 10017 Tel: (212) 397-1000 TO: MARTIN CLEARWATER BELL Attorneys for Defendants 90 MERRICK AVENUE, SUITE 401 EAST MEADOW, NY 11554 9 08/30/2022 07:58 FILED: SUFFOLK COUNTY CLERK 03/15/2023 03:55 AM PM INDEX NO. 026910/2012 157 NYSCEF DOC. NO. 177 08/30/2022 RECEIVED NYSCEF: 03/15/2023 VERIFICATION xxxxxx xxxxxxx, an attorney duly admitted to practice law in the Courts of this State, affirms the following under penalties of perjury: I am the attorney for the plaintiff(s) in the above entitled-action. I have read the foregoing SUPPLEMENTAL VERIFIED BILL OF PARTICULARS and know the contents thereof, and upon information and belief, affirmant believes after an inquiry reasonable under the circumstances the matters alleged herein to be true, and that the contentions herein are not frivolous, as that term is defined in Part 130. The reason this verification is made by affirmant and not by plaintiff(s) is that the plaintiff(s) herein reside in a County other than the County in which we maintain our offices. The source of affirmant's information and the grounds of her belief are communications, papers, reports and investigations contained in the file maintained by this office. Dated: New York, New York August 15, 2022 ____________________________ xxxxxx xxxxxxx 10