On January 11, 2023 a
Answer
was filed
involving a dispute between
Michael Pimentel, Personal Representative Of The Estate Of Robert Pimentel,
Pimentel, Robert,
and
Aggarwal, Md, Nitin,
Chaudhari, Md, Smita,
Dhs Gastro Mso, Pc,
Digestive Health Specialists, Llc,
El Bakkar, Md, Hassan,
Huang, Md, Michael,
Hwang, Md, Allen,
Integrated Gastroenterology Consultants, Pc,
Keating, Np-C, Kerry,
Marinelli, Md, Franklin,
Northeast Endoscopy Center, Llc,
Patel, Md, Muki,
Patel, Mukti, M.D.,
Precision Surgical Specialists Of Lowell, Pc,
Shen, Md, Roy,
Travassos, Md, Win,
for Torts
in the District Court of Middlesex County.
Preview
Date Filed 2/15/2023 10:35 AM
18
Superior Court - Middlesex
Docket Number 2381CV00080
COMMONWEALTH OF MASSACHUSETTS
MIDDLESEX, ss. MIDDLESEX SUPERIOR COURT
DOCKET NO. 2381 CV 00080
MICHAEL PIMENTEL, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT PIMENTEL
Plaintiff,
RECEIVED
VS.
MUKTI PATEL, M.D.,
HASSAN EL BAKKAR, M.D.,
02/15/23
SMITA CHAUDHARI, M.D.,
ROY SHEN, M_D.,
KERRY KEATING, NP-C,
ALLEN HWANG, M.D.,
MICHAEL HUANG, M.D. >
FRANKLIN MARINELLL M.D.,
WIN TRAVASSOS, M.D.,
NITIN AGGARWAL, M._D.,
DHS GASTRO MSO, PC,
DIGESTIVE HEALTH SPECIALISTS, LLC,
INTEGRATED GASTROENTEROLOGY
CONSULTANTS, PC,
PRECISION SURGICAL SPECIALISTS OF )
LOWELL, PC, and
NORTHEAST ENDOSCOPY CENTER, LLC )
Defendants. )
ANSWER OF DEFENDANT, NITIN AGGARWAL, M.D.,
TO THE PLAINTIFF’S COMPLAINT
FIRST DEFENSE
COUNTI
The allegations contained in Count I of the Plaintiff's Complaint do not apply to this Defendant.
COUNT II
The allegations contained in Count II of the Plaintiff's Complaint do not apply to this Defendant
COUNT III
The allegations contained in Count III of the Plaintiff's Complaint do not apply to this Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT IV
The allegations contained in Count IV of the Plaintiff's Complaint do not apply to this Defendant
COUNT V
The allegations contained in Count V of the Plaintiff's Complaint do not apply to this Defendant
COUNT VI
The allegations contained in Count VI of the Plaintiff's Complaint do not apply to this Defendant
COUNT Vil
The allegations contained in Count VII of the Plaintiff's Complaint do not apply to this Defendant
COUNT VIII
The allegations contained in Count VIII of the Plaintiffs Complaint do not apply to this Defendant
COUNT IX
The allegations contained in Count IX of the Plaintiff's Complaint do not apply to this Defendant
COUNT X
The allegations contained in Count X of the Plaintiffs Complaint do not apply to this Defendant.
COUNT XI
The allegations contained in Count XI of the Plaintiff's Complaint do not apply to this Defendant
COUNT XII
The allegations contained in Count XII of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XIII
The allegations contained in Count XIII of the Plaintiffs Complaint do not apply to this Defendant.
COUNT XIV
The allegations contained in Count XIV of the Plaintiff's Complaint do not apply to this Defendant.
JB
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT XV
The allegations contained in Count XV of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XVI
The allegations contained in Count XVI of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XVII
The allegations contained in Count XVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XVIII
The allegations contained in Count XVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XIX
The allegations contained in Count XIX of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XX
The allegations contained in Count XX of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XXI
The allegations contained in Count XXI of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XXII
The allegations contained in Count XXII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXIII
The allegations contained in Count XXIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXIV
The allegations contained in Count XXIV of the Plaintiff's Complaint do not apply to this
Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT XXV
The allegations contained in Count XXV of the Plaintiffs Complaint do not apply to this
Defendant.
COUNT XXVI
The allegations contained in Count XXVI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXVII
The allegations contained in Count XXVII of the Plaintiffs Complaint do not apply to this
Defendant.
COUNT XXVIII
The allegations contained in Count XVIII of the Plaintiffs Complaint do not apply to this
Defendant.
COUNT XXIX
The allegations contained in Count XXIX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXX
The allegations contained in Count XXX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXXI
The allegations contained in Count XXXII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXXII
The allegations contained in Count XXXII of the Plaintiffs Complaint do not apply to this
Defendant.
COUNT XXXII
The allegations contained in Count XXXIII of the Plaintiff's Complaint do not apply to this
Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT XXXIV
The allegations contained in Count XXXIV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXXV
The allegations contained in Count XXXV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXXVI
The allegations contained in Count XXXVI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXXVI
The allegations contained in Count XXXVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXXVI
The allegations contained in Count XXXVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XXxXIX
The allegations contained in Count XXXIX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XL
The allegations contained in Count XL of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XLI
The allegations contained in Count XLI of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XL
The allegations contained in Count XLII of the Plaintiff's Complaint do not apply to this
Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT XLII
The allegations contained in Count XLIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XLIV
The allegations contained in Count XLIV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XLV
The allegations contained in Count XLV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XLVI
The allegations contained in Count XLVI of the Plaintiffs Complaint do not apply to this
Defendant.
COUNT XLVII
The allegations contained in Count XLVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XLVI
The allegations contained in Count XLVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XLIX
The allegations contained in Count XLIX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT L
The allegations contained in Count L of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LI
The allegations contained in Count LI of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LU
The allegations contained in Count LII of the Plaintiffs Complaint do not apply to this Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT LI
The allegations contained in Count LIII of the Plaintiffs Complaint do not apply to this Defendant.
COUNT LIV
The allegations contained in Count LIV of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LV
The allegations contained in Count LV of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LVI
The allegations contained in Count LVI of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LVI
The allegations contained in Count LVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LVI
The allegations contained in Count LVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LIX
The allegations contained in Count LIX of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LX
The allegations contained in Count LX of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LX]
The allegations contained in Count LX] of the Plaintiff's Complaint do not apply to this Defendant.
COUNT LX
The allegations contained in Count LXII of the plaintiffs Complaint do not apply to this
Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT LXil
The allegations contained in Count LXIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXIV
The allegations contained in Count LXIV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXV
The allegations contained in Count LXV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXVI
The allegations contained in Count LXVI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXVII
The allegations contained in Count LXVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXVIII
The allegations contained in Count LXVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXIX
The allegations contained in Count LXIX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXx
The allegations contained in Count LXX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXI
The allegations contained in Count LXXI of the Plaintiff's Complaint do not apply to this
Defendant.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT LXXII
The allegations contained in Count LXXII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXIII
1 The Defendant is without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in Paragraph 1 of Count LXXIII of the Plaintiffs Complaint.
The Defendant admits the allegations contained in Paragraph 2 of Count LXXIII of the
Plaintiff's Complaint.
The Defendant denies all allegations of negligence and wrongful death.
The Defendant denies the allegations contained in Paragraph 4 of Count LXXIII of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 5 of Count LXXIII of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 6 of Count LXXIII of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him.
COUNT LXXIV
1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count
LXXIII of the Plaintiff’s Complaint.
The Defendant denies all allegations of negligence, wrongful death, and conscious pain and
suffering.
The Defendant denies the allegations contained in Paragraph 3 of Count LXXIV of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him.
COUNT LXXV
1 The Defendant is without knowledge or information sufficient to form a belief as to the truth
of the allegations contained in Paragraph 1 of Count LXXV of the Plaintiff’s Complaint.
The Defendant admits the allegations contained in Paragraph 2 of Count LXXV of the
Plaintiff's Complaint.
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
The Defendant denies all allegations of negligence and wrongful death.
The Defendant denies the allegations contained in Paragraph 3 of Count LXXV of the
Plaintiffs Complaint.
The Defendant denies the allegations contained in Paragraph 5 of Count LXXV of the
Plaintiffs Complaint.
The Defendant denies the allegations contained in Paragraph 6 of Count LXXV of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him.
COUNT LXXxVI
1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count
LXXV of the Plaintiff's Complaint.
The Defendant denies all allegations of negligence and conscious pain and suffering.
The Defendant denies the allegations contained in Paragraph 3 of Count LXXVI of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him.
COUNT LXXVII
1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count LXIX
of the Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 2 of Count LXXVII of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 3 of Count LXXVII of the
Plaintiffs Complaint.
The Defendant denies the allegations contained in Paragraph 4 of Count LXXVII of the
Plaintiffs Complaint.
The Defendant denies the allegations contained in Paragraph 5 of Count LXXVII of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him.
10
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT LXXVIII
1 The Defendant repeats and reaffirms his answers to Paragraphs one through five of Count
LXXVII of the Plaintiff's Complaint.
The Defendant denies all allegations of negligence and conscious pain and suffering.
The Defendant denies the allegations contained in Paragraph 3 of Count LXXVIII of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him.
COUNT LXXIx
1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count
LXXIII of the Plaintiff's Complaint.
The Defendant admits that he was qualified to treat Plaintiff's decedent.
The Defendant admits that he was qualified to treat Plaintiff's decedent.
The Defendant denies the allegations contained in Paragraph 4 of Count LXXIX of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 5 of Count LXXIX of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 6 of Count LXXIX of the
Plaintiff's Complaint.
The Defendant denies the allegations contained in Paragraph 7 of Count LXXIX of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him.
COUNT LXXxX
1 The Defendant repeats and reaffirms his answers to Paragraphs one through seven of Count
LXXIX of the Plaintiffs Complaint.
The Defendant denies all allegations of negligence and conscious pain and suffering.
The Defendant denies the allegations contained in Paragraph 3 of Count LXXX of the
Plaintiff's Complaint.
WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him.
1
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT LXXXI
The allegations contained in Count LXXXI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXXII
The allegations contained in Count LXXXII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXxXI1
The allegations contained in Count LXXXIII of the Plaintiffs Complaint do not apply to this
Defendant.
COUNT LXXXIV
The allegations contained in Count LXXXIV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXXV
The allegations contained in Count LXXXV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXXVI
The allegations contained in Count LXXXVI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXXVII
The allegations contained in Count LXXXVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXXVII
The allegations contained in Count LXXXVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT LXXXIX
The allegations contained in Count LXXXIX of the Plaintiff's Complaint do not apply to this
Defendant.
12
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT XC
The allegations contained in Count XC of the Plaintiff's Complaint do not apply to this Defendant.
COUNT XCI
The allegations contained in Count XCI of the Plaintiffs Complaint do not apply to this Defendant.
COUNT XCII
The allegations contained in Count XCII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XCIl
The allegations contained in Count XCIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XCIV
The allegations contained in Count XCIV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XCV
The allegations contained in Count XCV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XCVI
The allegations contained in Count XCVI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XCVI
The allegations contained in Count XCVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT XCVIII
The allegations contained in Count XCVIII of the Plaintiff's Complaint do not apply to this
Defendant.
13
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT XCVIX
The allegations contained in Count XCIX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT C
The allegations contained in Count C of the Plaintiff's Complaint do not apply to this Defendant
COUNT CI
The allegations contained in Count CI of the Plaintiff's Complaint do not apply to this Defendant.
COUNT Cll
The allegations contained in Count CII of the Plaintiffs Complaint do not apply to this Defendant.
COUNT Cill
The allegations contained in Count CIII of the Plaintiff's Complaint do not apply to this Defendant.
COUNT CIV
The allegations contained in Count CIV of the Plaintiff’s Complaint do not apply to this Defendant.
COUNT CV
The allegations contained in Count CV of the Plaintiff's Complaint do not apply to this Defendant
COUNT CVI
The allegations contained in Count CVI of the Plaintiffs Complaint do not apply to this Defendant
COUNT CVII
The allegations contained in Count CVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CVI
The allegations contained in Count CVIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CIX
The allegations contained in Count CIX of the Plaintiffs Complaint do not apply to this Defendant.
14
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT CX
The allegations contained in Count CX of the Plaintiff's Complaint do not apply to this Defendant.
COUNT CX]
The allegations contained in Count CXI of the Plaintiffs Complaint do not apply to this Defendant.
COUNT CXII
The allegations contained in Count CXII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXIlI
The allegations contained in Count CXIII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXIV
The allegations contained in Count CXIV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXV
The allegations contained in Count CXV of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXVI
The allegations contained in Count CXVI of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXVII
The allegations contained in Count CXVII of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXVIlI
The allegations contained in Count CXVIII of the Plaintiff's Complaint do not apply to this
Defendant.
15
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT CXIX
The allegations contained in Count CXIX of the Plaintiff's Complaint do not apply to this
Defendant.
COUNT CXX
The allegations contained in Count CXX of the Plaintiff's Complaint do not apply to this
Defendant.
JURY CLAIM
The Defendant demands a trial by a jury of twelve on all claims and issues so triable.
AFFIRMATIVE DEFENSES
FIRST AFFIRMATIVE DEFENSE
And further answering, the Defendant states that the Complaint, and each and every count
thereof, fails to state a cause of action.
SECOND AFFIRMATIVE DEFENSE
The Defendant further states that if the Plaintiff or Plaintiff's decedent sustained damages,
as alleged in the Complaint, then said damages were the result of the conduct of another for whose
conduct the Defendant is not legally responsible, and, therefore, the Plaintiff may not recover.
THIRD AFFIRMATIVE DEFENSE
The Defendant further states that if the Plaintiffs decedent sustained damages, as alleged
in the Complaint, then all such damages were the result of the comparative negligence of Plaintiff's
decedent, which comparative negligence was greater than any negligence on the part of the
Defendant, and therefore, the Plaintiff may not recover.
FOURTH AFFIRMATIVE DEFENSE
The Defendant further states that if the Plaintiff or Plaintiff's decedent sustained damages
as alleged in the Complaint, then all such damages were the result of comparative negligence of
the Plaintiff's decedent and, therefore, the Plaintiffs recovery, must be diminished in accordance
with the percentage of the Plaintiff's comparative negligence, all in accordance with M.G.L. c.
231, §85.
16
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
FIFTH AFFIRMATIVE DEFENSE
The Defendant further states that the Plaintiff's claims are subject to review by a Medical
Malpractice Tribunal pursuant to the provisions of M.G.L. c 231, § 60B, and until such time as
said statute is complied with, the Plaintiff may not recover in this action.
SIXTH AFFIRMATIVE DEFENSE
The Defendant further states that if the Plaintiff or Plaintiff's decedent was damaged, as
alleged in the Complaint, then the Plaintiff may not recover for any damages which are subject to
reimbursement from collateral sources pursuant to M.G.L. c. 231, §60G.
SEVENTH AFFIRMATIVE DEFENSE
And further answering, the said Defendant states that this action has not been brought
within the time specified by the General Laws of this Commonwealth.
EIGHTH AFFIRMATIVE DEFENSE
And further answering, the said Defendant states that the within action is barred by the
provisions of the Massachusetts General Laws, Chapter 258.
NINTH AFFIRMATIVE DEFENSE
And further answering, the Defendant states that any recovery for past and future medical
expenses and/or for alleged conscious pain and suffering, if any, is limited pursuant to the
provisions of M.G.L. c. 231, §§60G and 60H.
TENTH AFFIRMATIVE DEFENSE
And further answering, the said Defendant states that the Plaintiff failed to comply with
the notice requirements of M.G.L. c. 231, § 60L.
ELEVENTH DEFENSE
And further answering, the Defendant states that he is not legally responsible for the
negligent conduct of other providers who treated the Plaintiff's decedent during the relevant time
frame if there was such negligence.
TWELFTH DEFENSE
And further answering the Defendant states that the potential recovery for claims of
conscious pain and suffering is limited to $500,000 pursuant to M.G.L. c. 231, Section 60H.
17
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
Respectfully Submitted,
Defendant, NITIN AGGARWAL, M.D.,
By his attorneys,
CAPPLIS, CONNORS & CARROLL, PC,
Kkbysen
L. Gz
MATHEW R. GONNORS, BBO # 636359
ALLYSON L. GAY, BBO # 693429
18 Tremont Street, Suite 330
Boston, MA 02108
Phone: (617) 227 — 0722
Fax: (617) 227 — 0772
mconnors@eccclaw.org
agay@ccclaw.org
Datep: 92/15/2023
18
Date Filed 2/15/2023 10:35 AM
Superior Court - Middlesex
Docket Number 2381CV00080
CERTIFICATE OF SERVICE
I, Allyson L. Gay, attorney for said Defendant hereby makes oath that I have this day
served a copy of the attached:
ANSWER OF DEFENDANT, NITIN AGGARWAL, M.D., TO THE PLAINTIFF’S
COMPLAINT
on the below parties, by mailing a copy thereof, postage pre-paid, directed to:
Nicholas Cappiello, Esq.
Lubin & Meyer, PC
100 City Hall Plaza
Boston, MA 02108
Signed under the pains and penalties of perjury.
Akiygon L. Pau,
ALIWSON L. GAYBBO # 693429
CAPPLIS, CONNORS & CARROLL, PC
18 Tremont Street, Suite 330
Boston, MA 02108
Tel: (617) 227 — 0722
Fax: (617) 227 - 0772
agay@ccclaw.org
DATED: 02/15/2023
19
Preview
Date Filed 2/15/2023 10:35 AM 18 Superior Court - Middlesex Docket Number 2381CV00080 COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, ss. MIDDLESEX SUPERIOR COURT DOCKET NO. 2381 CV 00080 MICHAEL PIMENTEL, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT PIMENTEL Plaintiff, RECEIVED VS. MUKTI PATEL, M.D., HASSAN EL BAKKAR, M.D., 02/15/23 SMITA CHAUDHARI, M.D., ROY SHEN, M_D., KERRY KEATING, NP-C, ALLEN HWANG, M.D., MICHAEL HUANG, M.D. > FRANKLIN MARINELLL M.D., WIN TRAVASSOS, M.D., NITIN AGGARWAL, M._D., DHS GASTRO MSO, PC, DIGESTIVE HEALTH SPECIALISTS, LLC, INTEGRATED GASTROENTEROLOGY CONSULTANTS, PC, PRECISION SURGICAL SPECIALISTS OF ) LOWELL, PC, and NORTHEAST ENDOSCOPY CENTER, LLC ) Defendants. ) ANSWER OF DEFENDANT, NITIN AGGARWAL, M.D., TO THE PLAINTIFF’S COMPLAINT FIRST DEFENSE COUNTI The allegations contained in Count I of the Plaintiff's Complaint do not apply to this Defendant. COUNT II The allegations contained in Count II of the Plaintiff's Complaint do not apply to this Defendant COUNT III The allegations contained in Count III of the Plaintiff's Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT IV The allegations contained in Count IV of the Plaintiff's Complaint do not apply to this Defendant COUNT V The allegations contained in Count V of the Plaintiff's Complaint do not apply to this Defendant COUNT VI The allegations contained in Count VI of the Plaintiff's Complaint do not apply to this Defendant COUNT Vil The allegations contained in Count VII of the Plaintiff's Complaint do not apply to this Defendant COUNT VIII The allegations contained in Count VIII of the Plaintiffs Complaint do not apply to this Defendant COUNT IX The allegations contained in Count IX of the Plaintiff's Complaint do not apply to this Defendant COUNT X The allegations contained in Count X of the Plaintiffs Complaint do not apply to this Defendant. COUNT XI The allegations contained in Count XI of the Plaintiff's Complaint do not apply to this Defendant COUNT XII The allegations contained in Count XII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XIII The allegations contained in Count XIII of the Plaintiffs Complaint do not apply to this Defendant. COUNT XIV The allegations contained in Count XIV of the Plaintiff's Complaint do not apply to this Defendant. JB Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT XV The allegations contained in Count XV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XVI The allegations contained in Count XVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT XVII The allegations contained in Count XVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XVIII The allegations contained in Count XVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XIX The allegations contained in Count XIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT XX The allegations contained in Count XX of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXI The allegations contained in Count XXI of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXII The allegations contained in Count XXII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXIII The allegations contained in Count XXIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXIV The allegations contained in Count XXIV of the Plaintiff's Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT XXV The allegations contained in Count XXV of the Plaintiffs Complaint do not apply to this Defendant. COUNT XXVI The allegations contained in Count XXVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXVII The allegations contained in Count XXVII of the Plaintiffs Complaint do not apply to this Defendant. COUNT XXVIII The allegations contained in Count XVIII of the Plaintiffs Complaint do not apply to this Defendant. COUNT XXIX The allegations contained in Count XXIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXX The allegations contained in Count XXX of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXXI The allegations contained in Count XXXII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXXII The allegations contained in Count XXXII of the Plaintiffs Complaint do not apply to this Defendant. COUNT XXXII The allegations contained in Count XXXIII of the Plaintiff's Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT XXXIV The allegations contained in Count XXXIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXXV The allegations contained in Count XXXV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXXVI The allegations contained in Count XXXVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXXVI The allegations contained in Count XXXVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXXVI The allegations contained in Count XXXVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XXxXIX The allegations contained in Count XXXIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT XL The allegations contained in Count XL of the Plaintiff's Complaint do not apply to this Defendant. COUNT XLI The allegations contained in Count XLI of the Plaintiff's Complaint do not apply to this Defendant. COUNT XL The allegations contained in Count XLII of the Plaintiff's Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT XLII The allegations contained in Count XLIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XLIV The allegations contained in Count XLIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XLV The allegations contained in Count XLV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XLVI The allegations contained in Count XLVI of the Plaintiffs Complaint do not apply to this Defendant. COUNT XLVII The allegations contained in Count XLVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XLVI The allegations contained in Count XLVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XLIX The allegations contained in Count XLIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT L The allegations contained in Count L of the Plaintiff's Complaint do not apply to this Defendant. COUNT LI The allegations contained in Count LI of the Plaintiff's Complaint do not apply to this Defendant. COUNT LU The allegations contained in Count LII of the Plaintiffs Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT LI The allegations contained in Count LIII of the Plaintiffs Complaint do not apply to this Defendant. COUNT LIV The allegations contained in Count LIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT LV The allegations contained in Count LV of the Plaintiff's Complaint do not apply to this Defendant. COUNT LVI The allegations contained in Count LVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT LVI The allegations contained in Count LVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LVI The allegations contained in Count LVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LIX The allegations contained in Count LIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT LX The allegations contained in Count LX of the Plaintiff's Complaint do not apply to this Defendant. COUNT LX] The allegations contained in Count LX] of the Plaintiff's Complaint do not apply to this Defendant. COUNT LX The allegations contained in Count LXII of the plaintiffs Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT LXil The allegations contained in Count LXIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXIV The allegations contained in Count LXIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXV The allegations contained in Count LXV of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXVI The allegations contained in Count LXVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXVII The allegations contained in Count LXVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXVIII The allegations contained in Count LXVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXIX The allegations contained in Count LXIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXx The allegations contained in Count LXX of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXI The allegations contained in Count LXXI of the Plaintiff's Complaint do not apply to this Defendant. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT LXXII The allegations contained in Count LXXII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXIII 1 The Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Count LXXIII of the Plaintiffs Complaint. The Defendant admits the allegations contained in Paragraph 2 of Count LXXIII of the Plaintiff's Complaint. The Defendant denies all allegations of negligence and wrongful death. The Defendant denies the allegations contained in Paragraph 4 of Count LXXIII of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 5 of Count LXXIII of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 6 of Count LXXIII of the Plaintiff's Complaint. WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him. COUNT LXXIV 1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count LXXIII of the Plaintiff’s Complaint. The Defendant denies all allegations of negligence, wrongful death, and conscious pain and suffering. The Defendant denies the allegations contained in Paragraph 3 of Count LXXIV of the Plaintiff's Complaint. WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him. COUNT LXXV 1 The Defendant is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in Paragraph 1 of Count LXXV of the Plaintiff’s Complaint. The Defendant admits the allegations contained in Paragraph 2 of Count LXXV of the Plaintiff's Complaint. Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 The Defendant denies all allegations of negligence and wrongful death. The Defendant denies the allegations contained in Paragraph 3 of Count LXXV of the Plaintiffs Complaint. The Defendant denies the allegations contained in Paragraph 5 of Count LXXV of the Plaintiffs Complaint. The Defendant denies the allegations contained in Paragraph 6 of Count LXXV of the Plaintiff's Complaint. WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him. COUNT LXXxVI 1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count LXXV of the Plaintiff's Complaint. The Defendant denies all allegations of negligence and conscious pain and suffering. The Defendant denies the allegations contained in Paragraph 3 of Count LXXVI of the Plaintiff's Complaint. WHEREFORE, the Defendant denies that the Plaintiff is entitled to judgment against him. COUNT LXXVII 1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count LXIX of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 2 of Count LXXVII of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 3 of Count LXXVII of the Plaintiffs Complaint. The Defendant denies the allegations contained in Paragraph 4 of Count LXXVII of the Plaintiffs Complaint. The Defendant denies the allegations contained in Paragraph 5 of Count LXXVII of the Plaintiff's Complaint. WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him. 10 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT LXXVIII 1 The Defendant repeats and reaffirms his answers to Paragraphs one through five of Count LXXVII of the Plaintiff's Complaint. The Defendant denies all allegations of negligence and conscious pain and suffering. The Defendant denies the allegations contained in Paragraph 3 of Count LXXVIII of the Plaintiff's Complaint. WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him. COUNT LXXIx 1 The Defendant repeats and reaffirms his answers to Paragraphs one through six of Count LXXIII of the Plaintiff's Complaint. The Defendant admits that he was qualified to treat Plaintiff's decedent. The Defendant admits that he was qualified to treat Plaintiff's decedent. The Defendant denies the allegations contained in Paragraph 4 of Count LXXIX of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 5 of Count LXXIX of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 6 of Count LXXIX of the Plaintiff's Complaint. The Defendant denies the allegations contained in Paragraph 7 of Count LXXIX of the Plaintiff's Complaint. WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him. COUNT LXXxX 1 The Defendant repeats and reaffirms his answers to Paragraphs one through seven of Count LXXIX of the Plaintiffs Complaint. The Defendant denies all allegations of negligence and conscious pain and suffering. The Defendant denies the allegations contained in Paragraph 3 of Count LXXX of the Plaintiff's Complaint. WHEREFORE, the Defendant denies the Plaintiff is entitled to judgment against him. 1 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT LXXXI The allegations contained in Count LXXXI of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXXII The allegations contained in Count LXXXII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXxXI1 The allegations contained in Count LXXXIII of the Plaintiffs Complaint do not apply to this Defendant. COUNT LXXXIV The allegations contained in Count LXXXIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXXV The allegations contained in Count LXXXV of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXXVI The allegations contained in Count LXXXVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXXVII The allegations contained in Count LXXXVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXXVII The allegations contained in Count LXXXVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT LXXXIX The allegations contained in Count LXXXIX of the Plaintiff's Complaint do not apply to this Defendant. 12 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT XC The allegations contained in Count XC of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCI The allegations contained in Count XCI of the Plaintiffs Complaint do not apply to this Defendant. COUNT XCII The allegations contained in Count XCII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCIl The allegations contained in Count XCIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCIV The allegations contained in Count XCIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCV The allegations contained in Count XCV of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCVI The allegations contained in Count XCVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCVI The allegations contained in Count XCVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT XCVIII The allegations contained in Count XCVIII of the Plaintiff's Complaint do not apply to this Defendant. 13 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT XCVIX The allegations contained in Count XCIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT C The allegations contained in Count C of the Plaintiff's Complaint do not apply to this Defendant COUNT CI The allegations contained in Count CI of the Plaintiff's Complaint do not apply to this Defendant. COUNT Cll The allegations contained in Count CII of the Plaintiffs Complaint do not apply to this Defendant. COUNT Cill The allegations contained in Count CIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT CIV The allegations contained in Count CIV of the Plaintiff’s Complaint do not apply to this Defendant. COUNT CV The allegations contained in Count CV of the Plaintiff's Complaint do not apply to this Defendant COUNT CVI The allegations contained in Count CVI of the Plaintiffs Complaint do not apply to this Defendant COUNT CVII The allegations contained in Count CVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT CVI The allegations contained in Count CVIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT CIX The allegations contained in Count CIX of the Plaintiffs Complaint do not apply to this Defendant. 14 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT CX The allegations contained in Count CX of the Plaintiff's Complaint do not apply to this Defendant. COUNT CX] The allegations contained in Count CXI of the Plaintiffs Complaint do not apply to this Defendant. COUNT CXII The allegations contained in Count CXII of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXIlI The allegations contained in Count CXIII of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXIV The allegations contained in Count CXIV of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXV The allegations contained in Count CXV of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXVI The allegations contained in Count CXVI of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXVII The allegations contained in Count CXVII of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXVIlI The allegations contained in Count CXVIII of the Plaintiff's Complaint do not apply to this Defendant. 15 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 COUNT CXIX The allegations contained in Count CXIX of the Plaintiff's Complaint do not apply to this Defendant. COUNT CXX The allegations contained in Count CXX of the Plaintiff's Complaint do not apply to this Defendant. JURY CLAIM The Defendant demands a trial by a jury of twelve on all claims and issues so triable. AFFIRMATIVE DEFENSES FIRST AFFIRMATIVE DEFENSE And further answering, the Defendant states that the Complaint, and each and every count thereof, fails to state a cause of action. SECOND AFFIRMATIVE DEFENSE The Defendant further states that if the Plaintiff or Plaintiff's decedent sustained damages, as alleged in the Complaint, then said damages were the result of the conduct of another for whose conduct the Defendant is not legally responsible, and, therefore, the Plaintiff may not recover. THIRD AFFIRMATIVE DEFENSE The Defendant further states that if the Plaintiffs decedent sustained damages, as alleged in the Complaint, then all such damages were the result of the comparative negligence of Plaintiff's decedent, which comparative negligence was greater than any negligence on the part of the Defendant, and therefore, the Plaintiff may not recover. FOURTH AFFIRMATIVE DEFENSE The Defendant further states that if the Plaintiff or Plaintiff's decedent sustained damages as alleged in the Complaint, then all such damages were the result of comparative negligence of the Plaintiff's decedent and, therefore, the Plaintiffs recovery, must be diminished in accordance with the percentage of the Plaintiff's comparative negligence, all in accordance with M.G.L. c. 231, §85. 16 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 FIFTH AFFIRMATIVE DEFENSE The Defendant further states that the Plaintiff's claims are subject to review by a Medical Malpractice Tribunal pursuant to the provisions of M.G.L. c 231, § 60B, and until such time as said statute is complied with, the Plaintiff may not recover in this action. SIXTH AFFIRMATIVE DEFENSE The Defendant further states that if the Plaintiff or Plaintiff's decedent was damaged, as alleged in the Complaint, then the Plaintiff may not recover for any damages which are subject to reimbursement from collateral sources pursuant to M.G.L. c. 231, §60G. SEVENTH AFFIRMATIVE DEFENSE And further answering, the said Defendant states that this action has not been brought within the time specified by the General Laws of this Commonwealth. EIGHTH AFFIRMATIVE DEFENSE And further answering, the said Defendant states that the within action is barred by the provisions of the Massachusetts General Laws, Chapter 258. NINTH AFFIRMATIVE DEFENSE And further answering, the Defendant states that any recovery for past and future medical expenses and/or for alleged conscious pain and suffering, if any, is limited pursuant to the provisions of M.G.L. c. 231, §§60G and 60H. TENTH AFFIRMATIVE DEFENSE And further answering, the said Defendant states that the Plaintiff failed to comply with the notice requirements of M.G.L. c. 231, § 60L. ELEVENTH DEFENSE And further answering, the Defendant states that he is not legally responsible for the negligent conduct of other providers who treated the Plaintiff's decedent during the relevant time frame if there was such negligence. TWELFTH DEFENSE And further answering the Defendant states that the potential recovery for claims of conscious pain and suffering is limited to $500,000 pursuant to M.G.L. c. 231, Section 60H. 17 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 Respectfully Submitted, Defendant, NITIN AGGARWAL, M.D., By his attorneys, CAPPLIS, CONNORS & CARROLL, PC, Kkbysen L. Gz MATHEW R. GONNORS, BBO # 636359 ALLYSON L. GAY, BBO # 693429 18 Tremont Street, Suite 330 Boston, MA 02108 Phone: (617) 227 — 0722 Fax: (617) 227 — 0772 mconnors@eccclaw.org agay@ccclaw.org Datep: 92/15/2023 18 Date Filed 2/15/2023 10:35 AM Superior Court - Middlesex Docket Number 2381CV00080 CERTIFICATE OF SERVICE I, Allyson L. Gay, attorney for said Defendant hereby makes oath that I have this day served a copy of the attached: ANSWER OF DEFENDANT, NITIN AGGARWAL, M.D., TO THE PLAINTIFF’S COMPLAINT on the below parties, by mailing a copy thereof, postage pre-paid, directed to: Nicholas Cappiello, Esq. Lubin & Meyer, PC 100 City Hall Plaza Boston, MA 02108 Signed under the pains and penalties of perjury. Akiygon L. Pau, ALIWSON L. GAYBBO # 693429 CAPPLIS, CONNORS & CARROLL, PC 18 Tremont Street, Suite 330 Boston, MA 02108 Tel: (617) 227 — 0722 Fax: (617) 227 - 0772 agay@ccclaw.org DATED: 02/15/2023 19