Exhibit,Appendix: xxxxxx xxxxxxxx, xxxxx xxxxxxxx v. Ronald J Tadeo, Richard Pitch, Scott Berlin, Shore Psychiatric Center, Family Psychology Of Long Island, Berlin Obgyn Associates, Janssen Pharmaceuticals, Inc. K/N/A Ortho-Mcneil-Janssen Pharmaceuticals, Inc., Zydus Pharmaceuticals Usa, Inc.
On August 30, 2012 a
Exhibit,Appendix
was filed
involving a dispute between
Xxxxx Xxxxxxxx,
Xxxxxx Xxxxxxxx,
and
Berlin Obgyn Associates,
Family Psychology Of Long Island,
Janssen Pharmaceuticals, Inc. K N A Ortho-Mcneil-Janssen Pharmaceuticals, Inc.,
Richard Pitch,
Ronald J Tadeo,
Scott Berlin,
Shore Psychiatric Center,
Zydus Pharmaceuticals Usa, Inc.,
for Tort
in the District Court of Suffolk County.
Preview
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
EXHIBIT B
INDEX NO. 026910/2012
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM
NYSCEF DOC. NO. 252
/Ui
RECEIVED NYSCEF: 08/14/2023
UlCl>3
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
•X IndexNo.: 26910/2012
xxxxxx xxxxxxxx, on behalf of C S ,
an infant under the age of 18,
Plaintiff,
VERDICT SHEET
against-
RONALD J. TADDEO, M.D, and SHORE PSYCHIATRIC
CENTER,
Defendants.
•X
IT IS NECESSARY THAT ONLY FIVE JURORS AGREE UPON ANY SINGLE
QUESTION TO DETERMINE THE ANSWER TO BE REPORTED. IT IS NOT
NECESSARY THAT THE SAME FIVE JURORS AGREE ON EACH QUESTION.
Question 1-A
Did the Defendant, RONALD J. TADDEO, M.D., depart from accepted standards of
medical practice in the prescribing of the drug Topamax/topiramate to xxxxxx xxxxxxxx?
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
YES NO, n
If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors
answer “No,” please proceed to Question 2
1
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
Question 1-B
Was the defendant, Ronald Taddeo’s, departure from the accepted standards of medical
practice in prescribing Topamax/topiramate to xxxxxx xxxxxxxx, a substantial factor in
causing Infant-Plaintiff C S injuries?
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
. YES . . NO
Question 2-A
Did the Defendant, RONALD J. TADDEO, M.D depart from accepted standards of medical
practice in increasing the dosage of xxxxxx xxxxxxxx’s Topamax/topiramate prescription
beyond the recommended dosage?
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
iA
3E
If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors
answer “No,” please proceed to Question 3.
2
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
Question 2-B
Was the defendant Ronald Taddeo’s departure from accepted medical practice-- in
prescribing Topamax/topiramate to xxxxxx xxxxxxxx beyond the recommended dosage-
a substantial factor in causing Infant-Plaintiff C S injuries?
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
Y
44 \IV
. „
irx_________
xOj .,y1 i
, Question 3-A
Did the Defendant, RONALD J. TADDEO, M.D., depart from accepted standards of
medical practice when he failed to communicate with xxxxxx xxxxxxxx’s obstetrician Dr.
Berlin?
At least five jurors must agree on the answer to this question.
YES, NO
SIGN BELOW
YE;
A
i L
If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors
answer “No,” please proceed to Question 4.
3
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
Question 3-B
Was the defendant, Ronald Taddeo’s departure from accepted medical practice- in not
communicating with Dr. Berlin— a substantial factor in causing Infant-Plaintiff, C
S injuries?
At least five jurors must agree on the answer to this question.
YES NO X
SIGN BELOW
YE; NO
.mIil D(vml/cSM^ 77 7
H
N-
J N*.
Ouestion 4-A
Did the Defendant, RONALD J. TADDEO, M.D., depart from accepted standards of
medical practice when he failed to advise xxxxxx xxxxxxxx prior to pregnancy on the use of
birth control while taldng Topamax/topiramate?
At least five jurors must agree on the answer to this question.
YES X NO
SIGN BELO
YES
It
If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors
answer “No,” please proceed to Question 5.
4
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
Question 4-B
Was the defendant, Ronald Taddeo’s, departure from accepted medical practice— by
failing to advise about birth control— a substantial factor in causing Infant-Plaintiff,
C S injuries?
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
YES
y
^)nrli-i< IA__ ^_________
Question 5-A
Did the Defendant, when prescribing Topamax/topiramate to xxxxxx xxxxxxxx, provide
appropriate information?
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
YES N'
77 TT
an/"
Cm
u\j\m\jmyL
y
IF 5 OR MORE JURORS ANSWER NO PLEASE PROCEED TO PART B OF THIS
QUESTION
5
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
Question 5-B
Would a reasonably prudent person in Mrs. xxxxxxxx’s position have given consent to the
medication if given the appropriate information?
At least five jurors must agree on the answer to this question.
YES NO y
SIGN BELOW
kvnrih Crx
IF 5 OR MORE JURORS ANSWER NO PLEASE PROCEED TO PART C OF THIS
QUESTION
Question 5-C
Was the Topamax/topiramate medication taken by xxxxxx xxxxxxxx a substantial factor in
causing Infant-Plaintiff, C S injuries?
At least five jurors must agree on the answer to this question.
YES X NO
SIGN BELOW
YE NO
6
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012
NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023
If you find in Defendant's favor on Questions then do not go to Question #6«
Question 6
What is the value of the damages suffered by C S (including loss of enjoyment of
life)?
a. Past pain and suffering from May 27, 2010 up to today: $ 16 A
b. Future pain and suffering from today into the foreseeable future:
$ \ m'i\Vro'TO
At least five jurors must agree on the answer to this question.
YES NO
SIGN BELOW
YES O
9
CUxMJcMA/>_^
'^023
7
Preview
FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 EXHIBIT B INDEX NO. 026910/2012 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM NYSCEF DOC. NO. 252 /Ui RECEIVED NYSCEF: 08/14/2023 UlCl>3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK •X IndexNo.: 26910/2012 xxxxxx xxxxxxxx, on behalf of C S , an infant under the age of 18, Plaintiff, VERDICT SHEET against- RONALD J. TADDEO, M.D, and SHORE PSYCHIATRIC CENTER, Defendants. •X IT IS NECESSARY THAT ONLY FIVE JURORS AGREE UPON ANY SINGLE QUESTION TO DETERMINE THE ANSWER TO BE REPORTED. IT IS NOT NECESSARY THAT THE SAME FIVE JURORS AGREE ON EACH QUESTION. Question 1-A Did the Defendant, RONALD J. TADDEO, M.D., depart from accepted standards of medical practice in the prescribing of the drug Topamax/topiramate to xxxxxx xxxxxxxx? At least five jurors must agree on the answer to this question. YES NO SIGN BELOW YES NO, n If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors answer “No,” please proceed to Question 2 1 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 Question 1-B Was the defendant, Ronald Taddeo’s, departure from the accepted standards of medical practice in prescribing Topamax/topiramate to xxxxxx xxxxxxxx, a substantial factor in causing Infant-Plaintiff C S injuries? At least five jurors must agree on the answer to this question. YES NO SIGN BELOW . YES . . NO Question 2-A Did the Defendant, RONALD J. TADDEO, M.D depart from accepted standards of medical practice in increasing the dosage of xxxxxx xxxxxxxx’s Topamax/topiramate prescription beyond the recommended dosage? At least five jurors must agree on the answer to this question. YES NO SIGN BELOW iA 3E If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors answer “No,” please proceed to Question 3. 2 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 Question 2-B Was the defendant Ronald Taddeo’s departure from accepted medical practice-- in prescribing Topamax/topiramate to xxxxxx xxxxxxxx beyond the recommended dosage- a substantial factor in causing Infant-Plaintiff C S injuries? At least five jurors must agree on the answer to this question. YES NO SIGN BELOW Y 44 \IV . „ irx_________ xOj .,y1 i , Question 3-A Did the Defendant, RONALD J. TADDEO, M.D., depart from accepted standards of medical practice when he failed to communicate with xxxxxx xxxxxxxx’s obstetrician Dr. Berlin? At least five jurors must agree on the answer to this question. YES, NO SIGN BELOW YE; A i L If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors answer “No,” please proceed to Question 4. 3 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 Question 3-B Was the defendant, Ronald Taddeo’s departure from accepted medical practice- in not communicating with Dr. Berlin— a substantial factor in causing Infant-Plaintiff, C S injuries? At least five jurors must agree on the answer to this question. YES NO X SIGN BELOW YE; NO .mIil D(vml/cSM^ 77 7 H N- J N*. Ouestion 4-A Did the Defendant, RONALD J. TADDEO, M.D., depart from accepted standards of medical practice when he failed to advise xxxxxx xxxxxxxx prior to pregnancy on the use of birth control while taldng Topamax/topiramate? At least five jurors must agree on the answer to this question. YES X NO SIGN BELO YES It If five or more jurors answer “Yes,” proceed to Part B of this question. If five or more jurors answer “No,” please proceed to Question 5. 4 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 Question 4-B Was the defendant, Ronald Taddeo’s, departure from accepted medical practice— by failing to advise about birth control— a substantial factor in causing Infant-Plaintiff, C S injuries? At least five jurors must agree on the answer to this question. YES NO SIGN BELOW YES y ^)nrli-i< IA__ ^_________ Question 5-A Did the Defendant, when prescribing Topamax/topiramate to xxxxxx xxxxxxxx, provide appropriate information? At least five jurors must agree on the answer to this question. YES NO SIGN BELOW YES N' 77 TT an/" Cm u\j\m\jmyL y IF 5 OR MORE JURORS ANSWER NO PLEASE PROCEED TO PART B OF THIS QUESTION 5 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 Question 5-B Would a reasonably prudent person in Mrs. xxxxxxxx’s position have given consent to the medication if given the appropriate information? At least five jurors must agree on the answer to this question. YES NO y SIGN BELOW kvnrih Crx IF 5 OR MORE JURORS ANSWER NO PLEASE PROCEED TO PART C OF THIS QUESTION Question 5-C Was the Topamax/topiramate medication taken by xxxxxx xxxxxxxx a substantial factor in causing Infant-Plaintiff, C S injuries? At least five jurors must agree on the answer to this question. YES X NO SIGN BELOW YE NO 6 FILED: SUFFOLK COUNTY CLERK 08/14/2023 01:54 PM INDEX NO. 026910/2012 NYSCEF DOC. NO. 252 RECEIVED NYSCEF: 08/14/2023 If you find in Defendant's favor on Questions then do not go to Question #6« Question 6 What is the value of the damages suffered by C S (including loss of enjoyment of life)? a. Past pain and suffering from May 27, 2010 up to today: $ 16 A b. Future pain and suffering from today into the foreseeable future: $ \ m'i\Vro'TO At least five jurors must agree on the answer to this question. YES NO SIGN BELOW YES O 9 CUxMJcMA/>_^ '^023 7