Preview
FILED: SUFFOLK COUNTY CLERK 05/25/2023
01/09/2019 05:18
10:58 PM
AM INDEX NO. 026910/2012
NYSCEF DOC. NO. 228
42 RECEIVED NYSCEF: 05/25/2023
01/09/2019
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
xxxxxx xxxxxxxx on behalf of an
infant under the age of 18, and xxxxxx xxxxxxxx,
Individually,
PLAINTIFFS,
- against - INDEX NO.: 026910/12
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER ,
FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN
ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. k/n/a
ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC. and
ZYDUS PHARMACEUTICALS USA, INC.,
DEFENDANTS.
- - - - - - - - - - - - - - - - - - - - - - - - -X
DATE: October 22, 2014
TIME: 10:48 A.M.
EYAMINATION BEFORE TRIAL of a
Defendant, RICHARD J. PITCH, M.D., taken by the
Plaintiff, pursuant to a Court Order, held at the
LAW OFFICES of MITCHELL J. ANGEL, PLLC, 170 Old
Country Road, Mineola, New York 11501, before a
Notary Public of the State of New York.
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1
2 A P P E A R A N C E S:
3
4 NAPOLI BERN RIPKA SHKOLNIK , LLP
Attorneys for Plaintiffs
,
5 Empire State Building
350 Fif th Avenue , Suite 7413
6 New York, New York 10118
BY : DANIELLE L . BRENNER , ESQ .
7
8
BOWER LAW P . C .
9 Attorneys for Defendants
RONALD J. TADDEO , M. D . s /h/ a
10 RONALD J. TADEO , M. D . and
SHORE PSYCHIATRIC CENTER
11 1220 RXR Plaz a
Uniondale , New York 1155 6
12 BY : ANINA H . MONTE , ESQ .
FILE #: 199.124
13
14
LAW OFFICES OF MIT CHELL J . ANGEL , PLLC
15 Attorneys for Defendant
RICHARD PITCH , M. D .
16 170 Old Country Road, Suite 210
Mineola , New York 11501
17 BY : ANGELA FABIANO , ESQ .
FILE # : MLM 37682
18
19
BARTLETT , MoDONOUGH & MONAGHAN, LLP
20 Attorney s for Defendan ts
SCOTT BERLIN, M. D . and
21 BERLIN OB/GYN ASSOCIATES
170 Old Country Road, 4th Floor
22 Mineola, New York 11501
BY : GLEN T . PEWARSKI , ESQ .
23 FILE #: PRI 2440555
24
25
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1
2 A P P E A R A N C E S (Cont'd.):
3
4 KAUFMAN BORGEEST & RYAN LLP
Attorneys for Defendant
5 FAMILY PSYCHOLOGY OF LONG
ISLAND, P.C.
6 1205 Franklin Avenue, Suite 200
Garden City, New York 11530
7 BY: PATRICK A. DOLAN, ESQ.
FILE #: 508.166
8
9
PATTERSON BELKNAP WEBB & TYLER, LLP
10 Attorneys for Defendant
JANSSEN PHARMACEUTICALS, INC.
11 1133 Avenue of the Americas
New York, New York 10036
12 BY: MATTHEW W.J. WEBB, ESQ.
FILE #: J54102576
13
14
SILLS CUMMINS & GROSS, P.C.
15 Attorneys for Defendant
ZYDUS PHARMACEUTICALS USA, INC.
16 30 Rockefeller Plaza
New York, New York 10112
17 BY: ANDREW W. SCHWARTZ, ESQ.
FILE #: 02520075-000001
18
19
20
21
22
23
24
25
__
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1
2 221. UNIFORM RULES FOR THE
.
CONDUCT OF DEPOSITIONS
221.1 Objections at Depositions
4 (a) Objections in general. No objections
shall be made at a deposition except those
5 which, pursuant to subdivision (b), (c) or (d)
of Rule 3115 of the Civil Practice Law and
6 Rules, would be waived if not interposed, and
except in compliance with subdivision (a) of
7 such rule. All objections made at a
deposition shall be noted by the officer
8 before whom the deposition is taken, and the
answer shall be given and the deposition shall
9 proceed subject to the objections and to the
right of a person to apply for appropriate
10 relief pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted.
11 Every objection raised during a deposition
shall be stated succinctly and framed so as
12 not to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent permitted
by CPLR Rule 3115 or by this rule, during the
15 course of the examination persons in
attendance shall not make statements or
16 comments that interfere with the questioning.
17 221.2 Refusal to answer when objection is made,
A deponent shall answer all questions at
18 a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii) to
19 enforce a limitation set forth in an order of
the court, or (iii) when the question is
20 plainly improper and would, if answered, cause
significant prejudice to any person. An
21 attorney shall not direct a deponent not to
answer except as provided in CPLR Rule 3115 or
22 this subdivision. Any refusal to answer or
direction not to answer shall be accompanied
23 by a succinct and clear statement of the basis
therefor. If the deponent does not answer a
24 question, the examining party shall have the
right to complete the remainder of the
25 deposition.
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1
2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
2 21.3 Communication with the deponent.
4 An attorney shall not interrupt the
deposition for the purpose of conanunicating
5 with the deponent unless all parties consent
or the communication is made for the purpose
6 of determining whether the question should not
be answered on the grounds set forth in
7 section 221.2 of these rules and, in such
event, the reason for the communication shall
8 be stated for the record succinctly and
clearly.
9
10
11 IT IS FURTHER STIPULATED AND AGREED that
the transcript may be signed before any Notary
12 Public with the same force and effect as if
signed before a clerk or a Judge of the court.
13
14 IT IS FURTHER STIPULATED AND AGREED that
the examination before trial may be utilized
15 for all purposes as provided by the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED that
17 all rights provided to all parties by the CPLR
cannot be deemed waived and the appropriate
18 sections of the CPLR shall be controlling with
respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED by
and between the attorneys for the respective
21 parties hereto that a copy of this examination
shall be furnished, without charge, to the
22 attorneys representing the witness testifying
herein.
23
24
25
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( (
[Page 6]
1
2 R I C H A R D P I T C H, M.D., called as a
3 witness, having been first duly sworn by a Notary
4 Public of the State of New York, was examined and
5 testified as follows:
6 MS. BRENNER: We're just going to
7 mark this Plaintiff's Exhibit 1 for today.
8 I'll mark the CV Plaintiff's Exhibit 1, and
9 you have the original chart?
10 MS, FABIANO: Oh, yes, Right here.
11 MS. BRENNER: So we'll just mark
12 this in advance, too.
13 (Whereupon, the aforementioned
14 CV was marked as Plaintiff's Exhibit No. 1
15 for identification as of this date by the
16 Reporter.)
17 (Whereupon, the aforementioned
18 original chart was marked as Plaintiff's
19 Exhibit No. 2 for identification as of this
20 date by the Reporter.)
21 MS. FABIANO: Service at his office,
22 service of subpoenas?
23 MS, BRENNER: Yes,
24 EXAMINATION BY
25 MS. BRENNER:
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1 R. PITCH, M.D.
2 Q. Please state your full name for the
3 record.
4 A. Richard J. Pitch, M.D.
5 Q. Where do you reside?
6 A. 11 Bondsburry Lane, Melville, New
7 York 11747.
8 Q. Good morning, Dr. Pitch.
9 A. Good morning.
10 Q. My name, as I said before, is
11 Danielle Brenner. I'm an attorney with the law
12 firm of Napoli Bern Ripka Shkolnik. Today I'm
13 going to be asking you some questions about some
14 care and treatment that you may have rendared to
15 my client, Mrs. xxxxxxxx.
16 Before I get started with those
17 questions, I'm going to go over some instructions
18 for today's deposition. The first instruction I
19 have is to please make sure to keep your responses
20 verbal. We have the court reporter here today,
21 and she's going to need to hear your response in
22 order to take it down into the record.
23 The second instruction I have is to
24 please allow me to finish asking my questions
25 before you start giving me your response. You
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1 R. PITCH, M.D.
2 might be able to anticipate some of the questions
3 that I'm going to ask, but it will be difficult
4 for the court reporter to take down both of our
5 voices at the same time.
6 Third, if you do not understand a
7 question I'm asking, please let me know, I will
8 gladly rephrase it for you. Or if at any time
9 during the deposition that you would like to take
10 a break, I have no problem with that. The only
11 thing that I request is if I've asked a question,
12 you give me a response to the question before we
13 take the break.
14 And fifth, I understand that you're
15 a physician; and if at any point during the
16 deposition that you need to take a page or a call
17 regarding a patient, we can obviously go off the
18 record and you can handle that and then we'll get
19 back to the deposition, Do you have any questions
20 about the instructions that I've given you?
21 A. No.
22 Q. We've marked as Plaintiff's Exhibit
23 1 today a copy of your CV. When was your CV last
24 updated?
25 A. I think this was updated this year.
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1 R. PITCH, M.D.
2 Q. And --
3 A. Actually, I could tell you for sure
4 in a sec --
5 Q. Okay.
6 A. -- because it was a -- it was
yes,
7 updated this year.
8 Q. And how is it that you're able to
9 tell that it was updated this year?
10 A. Because I presented a couple of
11 papers at a conference this year;
Preview
FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 Page 1] SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK xxxxxx xxxxxxxx on behalf of an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, PLAINTIFFS, - against - INDEX NO.: 026910/12 RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER , FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., DEFENDANTS. - - - - - - - - - - - - - - - - - - - - - - - - -X DATE: October 22, 2014 TIME: 10:48 A.M. EYAMINATION BEFORE TRIAL of a Defendant, RICHARD J. PITCH, M.D., taken by the Plaintiff, pursuant to a Court Order, held at the LAW OFFICES of MITCHELL J. ANGEL, PLLC, 170 Old Country Road, Mineola, New York 11501, before a Notary Public of the State of New York. 877-479-2484 US LEGAL SUPPORT, INC. www.=k;;±:;;rt.com 1 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [ Page 2 ] 1 2 A P P E A R A N C E S: 3 4 NAPOLI BERN RIPKA SHKOLNIK , LLP Attorneys for Plaintiffs , 5 Empire State Building 350 Fif th Avenue , Suite 7413 6 New York, New York 10118 BY : DANIELLE L . BRENNER , ESQ . 7 8 BOWER LAW P . C . 9 Attorneys for Defendants RONALD J. TADDEO , M. D . s /h/ a 10 RONALD J. TADEO , M. D . and SHORE PSYCHIATRIC CENTER 11 1220 RXR Plaz a Uniondale , New York 1155 6 12 BY : ANINA H . MONTE , ESQ . FILE #: 199.124 13 14 LAW OFFICES OF MIT CHELL J . ANGEL , PLLC 15 Attorneys for Defendant RICHARD PITCH , M. D . 16 170 Old Country Road, Suite 210 Mineola , New York 11501 17 BY : ANGELA FABIANO , ESQ . FILE # : MLM 37682 18 19 BARTLETT , MoDONOUGH & MONAGHAN, LLP 20 Attorney s for Defendan ts SCOTT BERLIN, M. D . and 21 BERLIN OB/GYN ASSOCIATES 170 Old Country Road, 4th Floor 22 Mineola, New York 11501 BY : GLEN T . PEWARSKI , ESQ . 23 FILE #: PRI 2440555 24 25 877-479-2484 US LEGALSUPPORT,INC. www,us!ega'P art.com 2 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [Page 3] 1 2 A P P E A R A N C E S (Cont'd.): 3 4 KAUFMAN BORGEEST & RYAN LLP Attorneys for Defendant 5 FAMILY PSYCHOLOGY OF LONG ISLAND, P.C. 6 1205 Franklin Avenue, Suite 200 Garden City, New York 11530 7 BY: PATRICK A. DOLAN, ESQ. FILE #: 508.166 8 9 PATTERSON BELKNAP WEBB & TYLER, LLP 10 Attorneys for Defendant JANSSEN PHARMACEUTICALS, INC. 11 1133 Avenue of the Americas New York, New York 10036 12 BY: MATTHEW W.J. WEBB, ESQ. FILE #: J54102576 13 14 SILLS CUMMINS & GROSS, P.C. 15 Attorneys for Defendant ZYDUS PHARMACEUTICALS USA, INC. 16 30 Rockefeller Plaza New York, New York 10112 17 BY: ANDREW W. SCHWARTZ, ESQ. FILE #: 02520075-000001 18 19 20 21 22 23 24 25 __ 377-479-2484 US LEGALSUPPORT, INC. www.uslegalsupport.com 3 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [Page 4] 1 2 221. UNIFORM RULES FOR THE . CONDUCT OF DEPOSITIONS 221.1 Objections at Depositions 4 (a) Objections in general. No objections shall be made at a deposition except those 5 which, pursuant to subdivision (b), (c) or (d) of Rule 3115 of the Civil Practice Law and 6 Rules, would be waived if not interposed, and except in compliance with subdivision (a) of 7 such rule. All objections made at a deposition shall be noted by the officer 8 before whom the deposition is taken, and the answer shall be given and the deposition shall 9 proceed subject to the objections and to the right of a person to apply for appropriate 10 relief pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. 11 Every objection raised during a deposition shall be stated succinctly and framed so as 12 not to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this rule, during the 15 course of the examination persons in attendance shall not make statements or 16 comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made, A deponent shall answer all questions at 18 a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) to 19 enforce a limitation set forth in an order of the court, or (iii) when the question is 20 plainly improper and would, if answered, cause significant prejudice to any person. An 21 attorney shall not direct a deponent not to answer except as provided in CPLR Rule 3115 or 22 this subdivision. Any refusal to answer or direction not to answer shall be accompanied 23 by a succinct and clear statement of the basis therefor. If the deponent does not answer a 24 question, the examining party shall have the right to complete the remainder of the 25 deposition. 877-479-2484 USLEGAL SUPPORT, INC. www.uslegatsupport.com 4 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [Page 5] 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 2 21.3 Communication with the deponent. 4 An attorney shall not interrupt the deposition for the purpose of conanunicating 5 with the deponent unless all parties consent or the communication is made for the purpose 6 of determining whether the question should not be answered on the grounds set forth in 7 section 221.2 of these rules and, in such event, the reason for the communication shall 8 be stated for the record succinctly and clearly. 9 10 11 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before any Notary 12 Public with the same force and effect as if signed before a clerk or a Judge of the court. 13 14 IT IS FURTHER STIPULATED AND AGREED that the examination before trial may be utilized 15 for all purposes as provided by the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED that 17 all rights provided to all parties by the CPLR cannot be deemed waived and the appropriate 18 sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the respective 21 parties hereto that a copy of this examination shall be furnished, without charge, to the 22 attorneys representing the witness testifying herein. 23 24 25 377-479-2484 US LEGAL SUPPORT,INC. www.m:qa:.spp.rt.com 5 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 ( ( [Page 6] 1 2 R I C H A R D P I T C H, M.D., called as a 3 witness, having been first duly sworn by a Notary 4 Public of the State of New York, was examined and 5 testified as follows: 6 MS. BRENNER: We're just going to 7 mark this Plaintiff's Exhibit 1 for today. 8 I'll mark the CV Plaintiff's Exhibit 1, and 9 you have the original chart? 10 MS, FABIANO: Oh, yes, Right here. 11 MS. BRENNER: So we'll just mark 12 this in advance, too. 13 (Whereupon, the aforementioned 14 CV was marked as Plaintiff's Exhibit No. 1 15 for identification as of this date by the 16 Reporter.) 17 (Whereupon, the aforementioned 18 original chart was marked as Plaintiff's 19 Exhibit No. 2 for identification as of this 20 date by the Reporter.) 21 MS. FABIANO: Service at his office, 22 service of subpoenas? 23 MS, BRENNER: Yes, 24 EXAMINATION BY 25 MS. BRENNER: 877-479-2484 US LEGALSUPPORT,INC. www.usiq± .com 6 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [Page 7] 1 R. PITCH, M.D. 2 Q. Please state your full name for the 3 record. 4 A. Richard J. Pitch, M.D. 5 Q. Where do you reside? 6 A. 11 Bondsburry Lane, Melville, New 7 York 11747. 8 Q. Good morning, Dr. Pitch. 9 A. Good morning. 10 Q. My name, as I said before, is 11 Danielle Brenner. I'm an attorney with the law 12 firm of Napoli Bern Ripka Shkolnik. Today I'm 13 going to be asking you some questions about some 14 care and treatment that you may have rendared to 15 my client, Mrs. xxxxxxxx. 16 Before I get started with those 17 questions, I'm going to go over some instructions 18 for today's deposition. The first instruction I 19 have is to please make sure to keep your responses 20 verbal. We have the court reporter here today, 21 and she's going to need to hear your response in 22 order to take it down into the record. 23 The second instruction I have is to 24 please allow me to finish asking my questions 25 before you start giving me your response. You 877-479-2484 USLEGAL SUPPORT,INC. www ::t.com 7 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [Page 8] 1 R. PITCH, M.D. 2 might be able to anticipate some of the questions 3 that I'm going to ask, but it will be difficult 4 for the court reporter to take down both of our 5 voices at the same time. 6 Third, if you do not understand a 7 question I'm asking, please let me know, I will 8 gladly rephrase it for you. Or if at any time 9 during the deposition that you would like to take 10 a break, I have no problem with that. The only 11 thing that I request is if I've asked a question, 12 you give me a response to the question before we 13 take the break. 14 And fifth, I understand that you're 15 a physician; and if at any point during the 16 deposition that you need to take a page or a call 17 regarding a patient, we can obviously go off the 18 record and you can handle that and then we'll get 19 back to the deposition, Do you have any questions 20 about the instructions that I've given you? 21 A. No. 22 Q. We've marked as Plaintiff's Exhibit 23 1 today a copy of your CV. When was your CV last 24 updated? 25 A. I think this was updated this year. 877-479-2484 USLEGALSUPPORT, INC. www.nsk;;±--;; -t.com 8 of 160 FILED: SUFFOLK COUNTY CLERK 05/25/2023 01/09/2019 05:18 10:58 PM AM INDEX NO. 026910/2012 NYSCEF DOC. NO. 228 42 RECEIVED NYSCEF: 05/25/2023 01/09/2019 [Page 9] 1 R. PITCH, M.D. 2 Q. And -- 3 A. Actually, I could tell you for sure 4 in a sec -- 5 Q. Okay. 6 A. -- because it was a -- it was yes, 7 updated this year. 8 Q. And how is it that you're able to 9 tell that it was updated this year? 10 A. Because I presented a couple of 11 papers at a conference this year;