On December 23, 2016 a
Letter,Correspondence
was filed
involving a dispute between
Yona Unger,
and
Westchester County Health Care Corporation Westchester Medical Center,
for Special Proceedings - Other (Leave to serve late notic)
in the District Court of Westchester County.
Preview
Law OFFICES OF
JAROSLAWICZ & JAROS PLLC
225 BROADWAY, 24™ FLOOR,
NEw York, NEw YorRK 10007
(212) 227-2780
DAvibD JAROSLAWICZ LAUREN PENNISI
(NY, FL & CA Bars) Ipennisi @LawJaros.com
ABRAHAM JAROS
February 17, 2017
By NYSCEF
Hon. Joan B. Lefkowitz
Justice of the Supreme Court
Westchester County
111 Martin Luther King, Jr., Blvd.
White Plains, New York 10601
Re: Matter of Yona Unger v. Westchester Medical Center, et al.
Index No. 69528/2016
Dear Justice Lefkowitz:
We represent the petitioner in this proceeding.
We respectfully request that the Court disregard the letter dated
February 17, 2017 of Leilani Rodriguez, Esq., improperly submitted on behalf of
respondent Westchester Medical Center. Respondent is not entitled to a sur-reply.
Even if the Court were to consider respondent’s improper sur-reply, it
should nevertheless grant the petition.
Contrary to Ms. Rodriguez’s assertion, paragraph 7 of my Reply (Doc. 16)
does not contain “new, unsubstantiated medical evidence,” but rather is fully
supported by the December 20, 2016 Affirmation of Morton Finkel, M.D. (Petition Exh.
E). As set forth in the Affirmation of Dr. Finkel, the large retroperinteal hemorrhage
placed pressure upon and compressed the femoral nerve resulting in a femoral
neuropathy as well as a lumbosacral radiculopathy. Dr. Finkel further opined that the
abdominal injury caused bleeding which resulted in impingement on the spinal nerve
roots leading to femoral nerve neuropathy on the left side which leads to radiation,
pain and numbness in the left thigh region.
The massive retroperitoneal hemorrhage within the left hemipelvis with
associated enlargement of the iliac and psoas muscle described in the November 25,JAROSLAWICZ & JAROS PLLC February 17, 2017
Page 2 of 2
2014 CT scan report had the potential to, and did, result in femoral nerve neuropathy.
Furthermore, the respondent hospital and the physicians who cared for the infant
petitioner there were plainly capable of comprehending the CT Scan report, and
understanding its medical significance and the risks to the petitioner if left untreated.
Significantly, respondent’s opposition dealt exclusively with the right
thigh, but the CT scan also plainly discussed a hemorrhage within the left hemipelvis,
which the respondent entirely ignores. No medical expert is required for respondent to
distinguish the patient’s left side from his right.
Please feel free to contact the undersigned if you have any questions with
regard to the above.
Respectfully,
Kaun beumnert
Lauren Pennisi
Document Filed Date
February 17, 2017
Case Filing Date
December 23, 2016
Category
Special Proceedings - Other (Leave to serve late notic)
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Preview
Law OFFICES OF JAROSLAWICZ & JAROS PLLC 225 BROADWAY, 24™ FLOOR, NEw York, NEw YorRK 10007 (212) 227-2780 DAvibD JAROSLAWICZ LAUREN PENNISI (NY, FL & CA Bars) Ipennisi @LawJaros.com ABRAHAM JAROS February 17, 2017 By NYSCEF Hon. Joan B. Lefkowitz Justice of the Supreme Court Westchester County 111 Martin Luther King, Jr., Blvd. White Plains, New York 10601 Re: Matter of Yona Unger v. Westchester Medical Center, et al. Index No. 69528/2016 Dear Justice Lefkowitz: We represent the petitioner in this proceeding. We respectfully request that the Court disregard the letter dated February 17, 2017 of Leilani Rodriguez, Esq., improperly submitted on behalf of respondent Westchester Medical Center. Respondent is not entitled to a sur-reply. Even if the Court were to consider respondent’s improper sur-reply, it should nevertheless grant the petition. Contrary to Ms. Rodriguez’s assertion, paragraph 7 of my Reply (Doc. 16) does not contain “new, unsubstantiated medical evidence,” but rather is fully supported by the December 20, 2016 Affirmation of Morton Finkel, M.D. (Petition Exh. E). As set forth in the Affirmation of Dr. Finkel, the large retroperinteal hemorrhage placed pressure upon and compressed the femoral nerve resulting in a femoral neuropathy as well as a lumbosacral radiculopathy. Dr. Finkel further opined that the abdominal injury caused bleeding which resulted in impingement on the spinal nerve roots leading to femoral nerve neuropathy on the left side which leads to radiation, pain and numbness in the left thigh region. The massive retroperitoneal hemorrhage within the left hemipelvis with associated enlargement of the iliac and psoas muscle described in the November 25,JAROSLAWICZ & JAROS PLLC February 17, 2017 Page 2 of 2 2014 CT scan report had the potential to, and did, result in femoral nerve neuropathy. Furthermore, the respondent hospital and the physicians who cared for the infant petitioner there were plainly capable of comprehending the CT Scan report, and understanding its medical significance and the risks to the petitioner if left untreated. Significantly, respondent’s opposition dealt exclusively with the right thigh, but the CT scan also plainly discussed a hemorrhage within the left hemipelvis, which the respondent entirely ignores. No medical expert is required for respondent to distinguish the patient’s left side from his right. Please feel free to contact the undersigned if you have any questions with regard to the above. Respectfully, Kaun beumnert Lauren Pennisi