Preview
FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023
STATE OF NEW YORK
SUPREME COURT COUNTY OF LEWIS
L ORI S. DARLING-JOHNSON, individually and as
Administrator of the Estate of Melinda M. Darling,
COMPLAINT
Plaintiff,
Index Number:
-vs. Date purchased:
WILEY D. BUNN, JR., M.D.,
SUZANNE VOLCKO, M. N.P.,
GYN ONCOLOGY OF CNY, P.C.,
STEVEN L. LYNDAKER, M.D.,
KATHRYN E. MCHUGH, M.D.,
DYANA MANNING, RPA-C, and
LOWVILLE MEDICAL ASSOCIATES, LLP,
Defendants.
The Plaintiff, LORI S. DARLING-JOHNSON, individually and as Administrator of
the Estate of Melinda M. Darling, by and through his attorneys, Robert F. Julian, P.C., hereby
complains of the Defendants named herein as follows:
1. That at all times herein mentioned, Plaintiff, LORI S. DARLING-JOHNSON, is the
mother of Decedent, Melinda M. Darling.
2. That at all times herein mentioned, Plaintiff, LORI S. DARLING-JOHNSON,
(hereinafter referred to as Plaintiff), currently resides at 7728 Stony Lake Road, Hamlet of
Glenfield, County of Lewis, State of New York 13367.
1, On December 6, 2022, the Plaintiff was issued a Certificate of Appointment from
Lewis County Surrogate's Court, appointing her as the Administrator of the Estate of, Melinda
M. Darling, and at all times hereinafter mentioned, duly qualified and entered upon her duties as
such Administrator and is now acting in such capacity. A Copy of the said Order is attached
hereto as Exhibit A.
2. On December 6, 2022, Lewis County Surrogate's Court issued Plaintiff Letters of
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Administration with Limitations. The matter was assigned file number 2022-90.
3. The Decedent, Melinda M. Darling, resided at 5454 Shady Avenue, Village of
Lowville, County of Lewis, State of New York 13367, at the time of her demise.
4. Upon information and belief, and at all times relevant to this Complaint, the
Defendant, WILEY D. BUNN, JR., M.D., was a physician duly licensed to practice medicine by
the State of New York, with his principal place of business located at 475 Irving Avenue, Suite
204, Syracuse, New York.
5. Upon information and belief, and at all times hereinafter mentioned, Defendant,
WILEY D. BUNN, JR., M.D., held himself out to be skilled in the treatment of various illnesses
and conditions and, in particular, represented to the plaintiff that he was knowledgeable,
qualified and competent to treat her condition and symptoms of endometrial carcinosarcoma.
6. Upon information and belief, and at all times relevant to this Complaint, the
Defendant, SUZANNE M. VOLCKO, N.P., was a nurse practitioner duly licensed to practice
medicine by the State of New York, with her principal place of business located at 475 Irving
Avenue, Suite 204, Syracuse, New York.
7. Upon information and belief, and at all times hereinafter mentioned, Defendant,
SUZANNE M. VOLCKO, N.P., held herself out to be skilled in the treatment of various
illnesses and conditions and, in particular, represented to the plaintiff that she was
knowledgeable, qualified and competent to treat her condition and symptoms of endometrial
carcinosarcoma.
8. Upon information and belief, and at all times relevant to this complaint, the
defendant, GYN ONCOLOGY OF CNY, P.C., was a domestic professional corporation duly
organized under and existing by virtue of the laws of the State of New York, with a principal
place of business and office facility located at 475 Irving Avenue, Suite 204, Syracuse, New
York.
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9. Upon information and belief, and at all times hereinafter mentioned, defendant, GYN
ONCOLOGY OF CNY, P.C., held itself out to be skilled in the treatment of various illnesses and
conditions and represented to the plaintiff that it was knowledgeable, qualified and competent to
treat her condition and symptoms of endometrial carcinosarcoma.
10. Upon information and belief, and at all times relevant to this complaint and
specifically on August 30, 2021, and continuing thereon, the Defendant, WILEY D. BUNN, JR.,
M.D., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M.
DARLING.
11. Upon information and belief, and at all times relevant to this complaint and
specifically on August 30, 2021, and continuing thereon, the Defendant, SUZANNE M.
VOLCKO, N.P., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA
M. DARLING.
12. Upon information and belief, and at all times relevant to this complaint and
specifically on August 30, 2021, and continuing thereon, the Defendant, GYN ONCOLOGY OF
CNY, P.C., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M.
DARLING.
13. Upon information and belief, and at all times relevant to this Complaint, the
Defendant, STEVEN L. LYNDAKER, M.D., was a physician duly licensed to practice medicine
by the State of New York, with his principal place of business located at 5402 Dayan Street,
Lowville, New York 13367.
14. Upon information and belief, and at all times hereinafter mentioned, Defendant,
STEVEN L. LYNDAKER, M.D., held himself out to be skilled in the treatment of various
illnesses and conditions and, in particular, represented to the plaintiff that he was knowledgeable,
qualified and competent as a primary care physician.
15. Upon information and belief, and at all times relevant to this Complaint, the
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Defendant, KATHRYN E. MCHUGH, M.D., was a physician duly licensed to practice medicine
by the State of New York, with her principal place of business located at 5402 Dayan Street,
Lowville, New York 13367.
16. Upon information and belief, and at all times hereinafter mentioned, Defendant,
KATHRYN E. MCHUGH, M.D., held herself out to be skilled in the treatment of various
illnesses and conditions and, in particular, represented to the plaintiff that he was knowledgeable,
qualified and competent as a primary care physician.
17. Upon information and belief, and at all times relevant to this Complaint, the
Defendant, DYANA MANNING, RPA-C, was a registered certified physician's assistant duly
licensed to practice medicine by the State of New York, with her principal place of business
located at 5402 Dayan Street, Lowville, New York 13367.
18. Upon information and belief, and at all times hereinafter mentioned, Defendant,
DYANA MANNING, RPA-C, held herself out to be skilled in the treatment of various illnesses
and conditions and, in particular, represented to the plaintiff that she was knowledgeable,
qualified and competent as a primary care physician.
19. Upon information and belief, and at all times relevant to this complaint, the
defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, was a domestic registered limited
liability partnership company, duly organized under and existing by virtue of the laws of the
State of New York, with a principal place of business and office facility located at 5402 Dayan
Street, Lowville, New York 13367.
20. Upon information and belief, and at all times hereinaftermentioned, Defendant,
LOWVILLE MEDICAL ASSOCIATES, LLP, held itself out to be skilled in the treatment of
various illnesses and conditions and, in particular, represented to the plaintiff that they were
knowledgeable, qualified and competent to treat her condition and symptoms as a primary care
physicians'
group.
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21. Upon information and belief, and at all times relevant to this complaint and
specifically on August 1, 2009, and continuing thereon, the Defendant, STEVEN L.
LYNDAKER, M.D., held a physician-patient relationship with the Plaintiff's Decedent,
MELINDA M. DARLING.
22. Upon information and belief, and at all times relevant to this complaint and
specifically on August 1, 2009, and continuing thereon, the Defendant, KATHRYN E.
MCHUGH, M.D., heldaphysician-patient relationship with the Plaintiff's Decedent, MELINDA
M. DARLING.
23. Upon information and belief, and at all times relevant to this complaint and
specifically on August 1, 2009, and continuing thereon, the Defendant, DYANA MANNING,
RPA-C, held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M.
DARLING.
24. Upon information and belief, and at all times relevant to this complaint and
specifically on August 1, 200,8 and continuing thereon, the Defendant, LOWVILLE MEDICAL
ASSOCIATES, LLP, held a physician-patient relationship with the Plaintiff's Decedent,
MELINDA M. DARLING.
25. Upon information and belief, at all times relevant, Defendant, WILEY D. BUNN,
JR., M.D., was acting within the scope of and pursuant to his duties as an officer, agent and/or
employee of defendant, GYN ONCOLOGY OF CNY, P.C., and, in turn, defendant, GYN
ONCOLOGY OF CNY, P.C., is vicariously liable for Defendant, WILEY D. BUNN, JR.,
M.D.'s, acts of omission and/or commission.
26. Upon information and belief, at all times relevant, Defendant, SUZANNE M.
VOLCKO, N.P., was acting within the scope of and pursuant to his duties as an officer, agent
and/or employee of defendant, GYN ONCOLOGY OF CNY, P.C., and, in turn, defendant, GYN
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ONCOLOGY OF CNY, P.C., is vicariously liable for Defendant, SUZANNE M. VOLCKO,
N.P.'s, acts of omission and/or commission.
27. Upon information and belief, at all times relevant, Defendant, STEVEN L.
LYNDAKER, M.D., was acting within the scope of and pursuant to his duties as an officer,
agent and/or employee of defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, and, in turn,
defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, is vicariously liable for Defendant,
STEVEN L. LYNDAKER, M.D.'s, acts of omission and/or commission.
28. Upon information and belief, at all times relevant, Defendant, KATHRYN E.
MCHUGH, M.D., was acting within the scope of and pursuant to her duties as an officer, agent
and/or employee of defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, and, in turn,
defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, is vicariously liable for Defendant,
KATHRYN E. MCHUGH, M.D.'s, acts of omission and/or commission.
29. Upon information and belief, at all times relevant, Defendant, DYANA MANNING,
RPA-C, was acting within the scope of and pursuant to her duties as an officer, agent and/or
employee of defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, and, in turn, defendant,
LOWVILLE MEDICAL ASSOCIATES, LLP, is vicariously liable for Defendant, DYANA
MANNING, RPA-C 's, acts of omission and/or commission.
30. Upon information and belief, the amount in controversy exceeds the jurisdictional
limitations of all lower courts.
AS AND FOR PLAINTIFF'S FIRST CAUSE OF ACTION AGAINST ALL DEENDANTS
FOR NEGLIGENCE, MALPRACTICE, AND CONCIOUS PAIN AND SUFFERING:
31. Plaintiff repeats and re-alleges each and every allegation of the Plaintiff's Complaint
"1"
as fully set forth in paragraph's through "32".
32. Upon information and belief, on or about June 7, 2021, the Defendant, KATHRYN
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E. MCHUGH, M.D., saw the Plaintiff's Decedent, MELINDA M. DARLING, for complaints of
uncontrolled vaginal bleeding and known history of polycystic ovarian syndrome, and ordered an
ultrasound, lab panels including a CBC with differential, Comprehensive Metabolic Panel, Lipid
Panel, Alc testing, INR testing, a PTT, SH, LH, and RSH tests.
33. Upon information and belief, on or about June 16, 2021, the Decedent underwent the
various blood tests that were ordered by Defendant, KATHRYN E. MCHUGH, M.D., which
showed that the Decedent's RBC was low at 3.94, her RBC HGB was low at 10.3, her HCT was
low at 33.2, her MCH was low at 26, her BUN was low at 8, her CO2 was low at 19, her glucose
was high at 252, and her Alc was high at 8.3. The Decedent's triglycerides were found to be
high at 320, her cholesterol was high at 215, and her LDL cholesterol was high at 111.
34. Upon information and belief, on or about August 16, 2021, after the Decedent had
various consultations and a work up by Dr. Nwogu at Carthage Area Hospital, the Plaintiff's
Decedent underwent a D&C hysteroscopy and endometrial polypectomy by Dr. Nwogu at
Carthage Area Hospital due to her abnormal uterine bleeding and endometrial thickening,
wherein an endometrial polyp was discovered and a biopsy was sent to pathology.
35. Upon information and belief, on or about August 19, 2021, the Plaintiff's Decedent
met with Dr. Nwogu again, who explained that the results of the biopsy of the endometrial polyp
showed that the Decedent was suffering from high grade cancer and that she required a referral
to specialist, and as such, the Decedent was referred to Defendants, WILEY D. BUNN, JR.,
M.D., SUZANNE M. VOLCKO, N.P., and GYN ONCOLOGY OF CNY, P.C.
36. Upon information and belief, on or about August 30, 2021, the Decedent had an
office visit with Defendant, WILEY D. BUNN, JR., M.D., at Defendant, GYN ONCOLOGY OF
CNY, P.C., who opined that the Decedent required an urgent robotic assisted laparoscopic
hysterectomy, and bilateral salpingoophorectomy.
37. Upon information and belief, on or about September 10, 2021, the Decedent
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underwent the urgent robotic assisted laparoscopic hysterectomy, bilateral salpingoophorectomy,
and staging of her endometrial carcinoma by Defendant, WILEY D. BUNN, JR., M.D., at
Crouse Hospital. The Decedent was given a diagnosis/stage by Defendant, WILEY d. BUNN,
JR., M.D., of Stage IIIC1 carinosarcoma.
38. Upon information and belief, on or about September 27, 2021, the Decedent was seen
by Defendant, WILEY D. BUNN, JR., M.D., for a post operative visit which was held by
telemedicine appointment, wherein it was reported by the Decedent that her bowel and bladder
functions were returning to normal, that she was not bleeding, and where it was documented by
Exam,"
Defendant, WILEY D. BUNN, JR., M.D., under "Physical that the Decedent's bowel
sounds were normal, she did not have any distension, her abdomen was flat, soft and that she did
not have any tenderness.
39. Upon information and belief, the Decedent's cancer was considered to have
metastatic adenocarcinoma with isolated tumor cells in one of three lymph nodes. The decision
to administer a preventative round of chemotherapy and radiation therapy was made by
Defendant, WILEY D. BUNN, JR., M.D., and the Decedent, or on or about September 27, 2021.
40. Upon information and belief, on or about September 28, 2021, the Decedent had a
follow up appointment with Defendant, DYANA M. MANNING, RPA-C, at Defendant,
LOWVILLE MEDICAL ASSOCIATES, LLP, concerning her emotional lability surrounding the
recent diagnosis of endometrial cancer and subsequent TAH/BSO. The Decedent reported
feeling anxious, depressed and angry. The Decedent reported diaphoresis and night sweats and
that she was working with her oncologist for possible hormone replacement. Defendant,
DYANA M. MANNING, RPA-C, discussed psychotropic medications with the Decedent. The
Decedent was prescribed Lexicomp, and was ordered a CBC with differentia, a CMP, a T4-free,
TSH, and Alc test.
41. Upon information and belief, the Decedent's subclavian medication port for
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chemotherapy was placed on or about October 11, 2021.
42. Upon information and belief, on or about October 18, 2021, the Decedent received
"preventative"
her first dose of chemotherapy at Defendants, WILEY D. BUNN, JR., M.D.'s
office located at Defendant, GYN ONOCLOGY OF CNY, P.C. wherein she had a severe
reaction, the chemotherapy was stopped, the Decedent was given a high dose of Benadryl, and
chemotherapy was continued.
43. Upon information and belief, the Decedent was administered 900 mg of Carboplatin
and 416 mg of Paclitaxel.
44. Upon information and belief from October 19, 2021 through November 5, 2021, the
"boil" "zit"
Decedent suffered from joint pain, exhaustion, and developed a or like spot on her
chest, just above the subclavian medication port area.
45. On October 28, 2021, a CBC with Auto Diff and other metabolic tests were taken
at Lewis County Health Lab, (which were ordered by Defendant, DYANA M. MANNING,
RPA-C, on September 28, 2021), which showed the Decedent's WBC was low at 2.3, her HCT
was low at 34.8, her MCV was low at 74, her MCH RBC was low at 23, her MCHC was low at
31, her neutrophils were low at 1.4; a Bun test showed that the Decedent's Bun was low at 8, her
chloride was high at 111, her glucose was high at 189, and that her AST was high at 43.
46. Upon information and belief, on or about November 5, 2021, at 10:57 A.M., the
Decedent contacted the office of Defendants, WILEY D. BUNN, JR., M.D., SUZANNE M.
VOLCKO, N.P., and GYN ONCOLOGY OF CNY, P.C., by telephone and reported that she felt
"boil" "zit"
that her subclavian medication port may be infected and reported that there was a or
like area near the subclavian medication port.
47. Upon inforrnation and belief, on or about November 5, 2021, at 2:49 P.M, Defendant,
SUZANNE M. VOLCKO, N.P., reported that she had spoken with the Decedent who reported
the area near her subclavian medication port may
Preview
FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 STATE OF NEW YORK SUPREME COURT COUNTY OF LEWIS L ORI S. DARLING-JOHNSON, individually and as Administrator of the Estate of Melinda M. Darling, COMPLAINT Plaintiff, Index Number: -vs. Date purchased: WILEY D. BUNN, JR., M.D., SUZANNE VOLCKO, M. N.P., GYN ONCOLOGY OF CNY, P.C., STEVEN L. LYNDAKER, M.D., KATHRYN E. MCHUGH, M.D., DYANA MANNING, RPA-C, and LOWVILLE MEDICAL ASSOCIATES, LLP, Defendants. The Plaintiff, LORI S. DARLING-JOHNSON, individually and as Administrator of the Estate of Melinda M. Darling, by and through his attorneys, Robert F. Julian, P.C., hereby complains of the Defendants named herein as follows: 1. That at all times herein mentioned, Plaintiff, LORI S. DARLING-JOHNSON, is the mother of Decedent, Melinda M. Darling. 2. That at all times herein mentioned, Plaintiff, LORI S. DARLING-JOHNSON, (hereinafter referred to as Plaintiff), currently resides at 7728 Stony Lake Road, Hamlet of Glenfield, County of Lewis, State of New York 13367. 1, On December 6, 2022, the Plaintiff was issued a Certificate of Appointment from Lewis County Surrogate's Court, appointing her as the Administrator of the Estate of, Melinda M. Darling, and at all times hereinafter mentioned, duly qualified and entered upon her duties as such Administrator and is now acting in such capacity. A Copy of the said Order is attached hereto as Exhibit A. 2. On December 6, 2022, Lewis County Surrogate's Court issued Plaintiff Letters of Page 3 of 28 1 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 Administration with Limitations. The matter was assigned file number 2022-90. 3. The Decedent, Melinda M. Darling, resided at 5454 Shady Avenue, Village of Lowville, County of Lewis, State of New York 13367, at the time of her demise. 4. Upon information and belief, and at all times relevant to this Complaint, the Defendant, WILEY D. BUNN, JR., M.D., was a physician duly licensed to practice medicine by the State of New York, with his principal place of business located at 475 Irving Avenue, Suite 204, Syracuse, New York. 5. Upon information and belief, and at all times hereinafter mentioned, Defendant, WILEY D. BUNN, JR., M.D., held himself out to be skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff that he was knowledgeable, qualified and competent to treat her condition and symptoms of endometrial carcinosarcoma. 6. Upon information and belief, and at all times relevant to this Complaint, the Defendant, SUZANNE M. VOLCKO, N.P., was a nurse practitioner duly licensed to practice medicine by the State of New York, with her principal place of business located at 475 Irving Avenue, Suite 204, Syracuse, New York. 7. Upon information and belief, and at all times hereinafter mentioned, Defendant, SUZANNE M. VOLCKO, N.P., held herself out to be skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff that she was knowledgeable, qualified and competent to treat her condition and symptoms of endometrial carcinosarcoma. 8. Upon information and belief, and at all times relevant to this complaint, the defendant, GYN ONCOLOGY OF CNY, P.C., was a domestic professional corporation duly organized under and existing by virtue of the laws of the State of New York, with a principal place of business and office facility located at 475 Irving Avenue, Suite 204, Syracuse, New York. Page 4 of 28 2 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 9. Upon information and belief, and at all times hereinafter mentioned, defendant, GYN ONCOLOGY OF CNY, P.C., held itself out to be skilled in the treatment of various illnesses and conditions and represented to the plaintiff that it was knowledgeable, qualified and competent to treat her condition and symptoms of endometrial carcinosarcoma. 10. Upon information and belief, and at all times relevant to this complaint and specifically on August 30, 2021, and continuing thereon, the Defendant, WILEY D. BUNN, JR., M.D., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 11. Upon information and belief, and at all times relevant to this complaint and specifically on August 30, 2021, and continuing thereon, the Defendant, SUZANNE M. VOLCKO, N.P., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 12. Upon information and belief, and at all times relevant to this complaint and specifically on August 30, 2021, and continuing thereon, the Defendant, GYN ONCOLOGY OF CNY, P.C., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 13. Upon information and belief, and at all times relevant to this Complaint, the Defendant, STEVEN L. LYNDAKER, M.D., was a physician duly licensed to practice medicine by the State of New York, with his principal place of business located at 5402 Dayan Street, Lowville, New York 13367. 14. Upon information and belief, and at all times hereinafter mentioned, Defendant, STEVEN L. LYNDAKER, M.D., held himself out to be skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff that he was knowledgeable, qualified and competent as a primary care physician. 15. Upon information and belief, and at all times relevant to this Complaint, the Page 5 of 28 3 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 Defendant, KATHRYN E. MCHUGH, M.D., was a physician duly licensed to practice medicine by the State of New York, with her principal place of business located at 5402 Dayan Street, Lowville, New York 13367. 16. Upon information and belief, and at all times hereinafter mentioned, Defendant, KATHRYN E. MCHUGH, M.D., held herself out to be skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff that he was knowledgeable, qualified and competent as a primary care physician. 17. Upon information and belief, and at all times relevant to this Complaint, the Defendant, DYANA MANNING, RPA-C, was a registered certified physician's assistant duly licensed to practice medicine by the State of New York, with her principal place of business located at 5402 Dayan Street, Lowville, New York 13367. 18. Upon information and belief, and at all times hereinafter mentioned, Defendant, DYANA MANNING, RPA-C, held herself out to be skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff that she was knowledgeable, qualified and competent as a primary care physician. 19. Upon information and belief, and at all times relevant to this complaint, the defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, was a domestic registered limited liability partnership company, duly organized under and existing by virtue of the laws of the State of New York, with a principal place of business and office facility located at 5402 Dayan Street, Lowville, New York 13367. 20. Upon information and belief, and at all times hereinaftermentioned, Defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, held itself out to be skilled in the treatment of various illnesses and conditions and, in particular, represented to the plaintiff that they were knowledgeable, qualified and competent to treat her condition and symptoms as a primary care physicians' group. Page 6 of 28 4 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 21. Upon information and belief, and at all times relevant to this complaint and specifically on August 1, 2009, and continuing thereon, the Defendant, STEVEN L. LYNDAKER, M.D., held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 22. Upon information and belief, and at all times relevant to this complaint and specifically on August 1, 2009, and continuing thereon, the Defendant, KATHRYN E. MCHUGH, M.D., heldaphysician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 23. Upon information and belief, and at all times relevant to this complaint and specifically on August 1, 2009, and continuing thereon, the Defendant, DYANA MANNING, RPA-C, held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 24. Upon information and belief, and at all times relevant to this complaint and specifically on August 1, 200,8 and continuing thereon, the Defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, held a physician-patient relationship with the Plaintiff's Decedent, MELINDA M. DARLING. 25. Upon information and belief, at all times relevant, Defendant, WILEY D. BUNN, JR., M.D., was acting within the scope of and pursuant to his duties as an officer, agent and/or employee of defendant, GYN ONCOLOGY OF CNY, P.C., and, in turn, defendant, GYN ONCOLOGY OF CNY, P.C., is vicariously liable for Defendant, WILEY D. BUNN, JR., M.D.'s, acts of omission and/or commission. 26. Upon information and belief, at all times relevant, Defendant, SUZANNE M. VOLCKO, N.P., was acting within the scope of and pursuant to his duties as an officer, agent and/or employee of defendant, GYN ONCOLOGY OF CNY, P.C., and, in turn, defendant, GYN Page 7 of 28 5 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 ONCOLOGY OF CNY, P.C., is vicariously liable for Defendant, SUZANNE M. VOLCKO, N.P.'s, acts of omission and/or commission. 27. Upon information and belief, at all times relevant, Defendant, STEVEN L. LYNDAKER, M.D., was acting within the scope of and pursuant to his duties as an officer, agent and/or employee of defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, and, in turn, defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, is vicariously liable for Defendant, STEVEN L. LYNDAKER, M.D.'s, acts of omission and/or commission. 28. Upon information and belief, at all times relevant, Defendant, KATHRYN E. MCHUGH, M.D., was acting within the scope of and pursuant to her duties as an officer, agent and/or employee of defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, and, in turn, defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, is vicariously liable for Defendant, KATHRYN E. MCHUGH, M.D.'s, acts of omission and/or commission. 29. Upon information and belief, at all times relevant, Defendant, DYANA MANNING, RPA-C, was acting within the scope of and pursuant to her duties as an officer, agent and/or employee of defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, and, in turn, defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, is vicariously liable for Defendant, DYANA MANNING, RPA-C 's, acts of omission and/or commission. 30. Upon information and belief, the amount in controversy exceeds the jurisdictional limitations of all lower courts. AS AND FOR PLAINTIFF'S FIRST CAUSE OF ACTION AGAINST ALL DEENDANTS FOR NEGLIGENCE, MALPRACTICE, AND CONCIOUS PAIN AND SUFFERING: 31. Plaintiff repeats and re-alleges each and every allegation of the Plaintiff's Complaint "1" as fully set forth in paragraph's through "32". 32. Upon information and belief, on or about June 7, 2021, the Defendant, KATHRYN Page 8 of 28 6 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 E. MCHUGH, M.D., saw the Plaintiff's Decedent, MELINDA M. DARLING, for complaints of uncontrolled vaginal bleeding and known history of polycystic ovarian syndrome, and ordered an ultrasound, lab panels including a CBC with differential, Comprehensive Metabolic Panel, Lipid Panel, Alc testing, INR testing, a PTT, SH, LH, and RSH tests. 33. Upon information and belief, on or about June 16, 2021, the Decedent underwent the various blood tests that were ordered by Defendant, KATHRYN E. MCHUGH, M.D., which showed that the Decedent's RBC was low at 3.94, her RBC HGB was low at 10.3, her HCT was low at 33.2, her MCH was low at 26, her BUN was low at 8, her CO2 was low at 19, her glucose was high at 252, and her Alc was high at 8.3. The Decedent's triglycerides were found to be high at 320, her cholesterol was high at 215, and her LDL cholesterol was high at 111. 34. Upon information and belief, on or about August 16, 2021, after the Decedent had various consultations and a work up by Dr. Nwogu at Carthage Area Hospital, the Plaintiff's Decedent underwent a D&C hysteroscopy and endometrial polypectomy by Dr. Nwogu at Carthage Area Hospital due to her abnormal uterine bleeding and endometrial thickening, wherein an endometrial polyp was discovered and a biopsy was sent to pathology. 35. Upon information and belief, on or about August 19, 2021, the Plaintiff's Decedent met with Dr. Nwogu again, who explained that the results of the biopsy of the endometrial polyp showed that the Decedent was suffering from high grade cancer and that she required a referral to specialist, and as such, the Decedent was referred to Defendants, WILEY D. BUNN, JR., M.D., SUZANNE M. VOLCKO, N.P., and GYN ONCOLOGY OF CNY, P.C. 36. Upon information and belief, on or about August 30, 2021, the Decedent had an office visit with Defendant, WILEY D. BUNN, JR., M.D., at Defendant, GYN ONCOLOGY OF CNY, P.C., who opined that the Decedent required an urgent robotic assisted laparoscopic hysterectomy, and bilateral salpingoophorectomy. 37. Upon information and belief, on or about September 10, 2021, the Decedent Page 9 of 28 7 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 underwent the urgent robotic assisted laparoscopic hysterectomy, bilateral salpingoophorectomy, and staging of her endometrial carcinoma by Defendant, WILEY D. BUNN, JR., M.D., at Crouse Hospital. The Decedent was given a diagnosis/stage by Defendant, WILEY d. BUNN, JR., M.D., of Stage IIIC1 carinosarcoma. 38. Upon information and belief, on or about September 27, 2021, the Decedent was seen by Defendant, WILEY D. BUNN, JR., M.D., for a post operative visit which was held by telemedicine appointment, wherein it was reported by the Decedent that her bowel and bladder functions were returning to normal, that she was not bleeding, and where it was documented by Exam," Defendant, WILEY D. BUNN, JR., M.D., under "Physical that the Decedent's bowel sounds were normal, she did not have any distension, her abdomen was flat, soft and that she did not have any tenderness. 39. Upon information and belief, the Decedent's cancer was considered to have metastatic adenocarcinoma with isolated tumor cells in one of three lymph nodes. The decision to administer a preventative round of chemotherapy and radiation therapy was made by Defendant, WILEY D. BUNN, JR., M.D., and the Decedent, or on or about September 27, 2021. 40. Upon information and belief, on or about September 28, 2021, the Decedent had a follow up appointment with Defendant, DYANA M. MANNING, RPA-C, at Defendant, LOWVILLE MEDICAL ASSOCIATES, LLP, concerning her emotional lability surrounding the recent diagnosis of endometrial cancer and subsequent TAH/BSO. The Decedent reported feeling anxious, depressed and angry. The Decedent reported diaphoresis and night sweats and that she was working with her oncologist for possible hormone replacement. Defendant, DYANA M. MANNING, RPA-C, discussed psychotropic medications with the Decedent. The Decedent was prescribed Lexicomp, and was ordered a CBC with differentia, a CMP, a T4-free, TSH, and Alc test. 41. Upon information and belief, the Decedent's subclavian medication port for Page 10 of 28 8 of 25 FILED: LEWIS COUNTY CLERK 08/18/2023 01:06 PM INDEX NO. EFCA2023-000295 NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/18/2023 chemotherapy was placed on or about October 11, 2021. 42. Upon information and belief, on or about October 18, 2021, the Decedent received "preventative" her first dose of chemotherapy at Defendants, WILEY D. BUNN, JR., M.D.'s office located at Defendant, GYN ONOCLOGY OF CNY, P.C. wherein she had a severe reaction, the chemotherapy was stopped, the Decedent was given a high dose of Benadryl, and chemotherapy was continued. 43. Upon information and belief, the Decedent was administered 900 mg of Carboplatin and 416 mg of Paclitaxel. 44. Upon information and belief from October 19, 2021 through November 5, 2021, the "boil" "zit" Decedent suffered from joint pain, exhaustion, and developed a or like spot on her chest, just above the subclavian medication port area. 45. On October 28, 2021, a CBC with Auto Diff and other metabolic tests were taken at Lewis County Health Lab, (which were ordered by Defendant, DYANA M. MANNING, RPA-C, on September 28, 2021), which showed the Decedent's WBC was low at 2.3, her HCT was low at 34.8, her MCV was low at 74, her MCH RBC was low at 23, her MCHC was low at 31, her neutrophils were low at 1.4; a Bun test showed that the Decedent's Bun was low at 8, her chloride was high at 111, her glucose was high at 189, and that her AST was high at 43. 46. Upon information and belief, on or about November 5, 2021, at 10:57 A.M., the Decedent contacted the office of Defendants, WILEY D. BUNN, JR., M.D., SUZANNE M. VOLCKO, N.P., and GYN ONCOLOGY OF CNY, P.C., by telephone and reported that she felt "boil" "zit" that her subclavian medication port may be infected and reported that there was a or like area near the subclavian medication port. 47. Upon inforrnation and belief, on or about November 5, 2021, at 2:49 P.M, Defendant, SUZANNE M. VOLCKO, N.P., reported that she had spoken with the Decedent who reported the area near her subclavian medication port may