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FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
EXHIBIT 5
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
____________________________________________________......______..______________Ç
ORELL GAYNOR, VERIFIED BILL OF
PARTICULARS
Plaintiff(s),
-against- Index # 303755/2016
NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, THE CITY OF NEW YORK,
L1NCOLN MEDICAL AND MENTAL HEALTH
CENTER, EDUARDO J. RODRIGUEZ PEREZ, M.D.,
ANDALEEB RAJA, M.D., PRONOY ROY, M.D.,
NEW YORK CITY HOSPITAL POLICE DEPARTMENT,
NEW YORK CITY POLICE DEPARTMENT and
PHYSICIAN AFFILIATE GROUP OF NEW YORK,
Defendant(s).
_________________________________________________________..__________________Ç
Plaintiff, by his attorneys, Peña & Kahn, PLLC, as and for his Veriñed Bill of Particulars
herein, pursuant to the demand of the defendants, NEW YORK CITY HEALTH AND HOSPITALS
CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, NEW YORK CITY
HOSPITAL POLICE DEPARTMENT, EDUARDO J. RODRIGUEZ PEREZ, M.D., PRONOY
KUMAR ROY, M.D., ANDALEEB RAJA, M.D. and PHYSICIAN AFFILIATE GROUP OF NEW
YORK, all upon information and belief, respectfully states as follows:
1. In response to your demand seeking the date and time of the occurrence, the date and
time of the occurrence is January 3, 2016, at approximately 5:00 a.m.
2. In response to your demand seeking location of the occurrence, the location of the
149d2
occurrence is Lincoln Medical and Mental Health Center, 234 East Street,
Bronx, New York 10451. More particularly, inside Room B5 of "B Area".
3. In response to your demand seeking if any claims made against the answering
defendant(s) are based upon vicarious or imputed liability state the names of each and
every person who performed the alleged negligent acts and/or omissions and if the
names are not known describe such persons by occupation, or function with sufficient
clarity to make ready identification possible, vicarious liability is claimed against the
answering defendants herein. Please refer to response "15", below.
4. In response to your demand seeking whether a claim is made that the answering
defendant(s) ignored misdiagnosed complaints, signs, symptoms, findings and/or test
results, this demand is not applicable.
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NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
5. In response to your demand seeking whether a claim is made that the answering
defendant(s) administered improper and/or contraindicated drugs or medication, or
administered drugs or medication in an improper dosage or in an improper manner,
this demand is not applicable.
6. In response to your demand seeking whether a claim is made that a test or tests were
improperly administered, this demand is not applicable.
7. In response to your demand seeking whether a claim is made that an indicated test
was not performed or if performed was timely performed, this demand is not
applicable.
8. In response to your demand seeking whether a claim is made that a surgical and/or
operative procedure was improperly performed, contraindicated or unnecessary, this
demand is not applicable.
9. In response to your demand seeking if a claim is made that a surgical and/or operative
procedure that was indicated was not done or if done was not done timely, this
demand is not applicable.
10. In response to your demand seeking if a claim is made that anesthesia was improperly
administered and/or contraindicated, this demand is not applicable.
11. In response to your demand seeking whether a claim of inadequate consultation is
made, this demand is not applicable.
12. In response to your demand seeking if it is claimed that a foreign body was placed in,
left in, or allowed to remain in the patient, this demand is not applicable.
13. In response to your demand seeking whether a claim is made as to improper or
defective equipment, this demand is not applicable.
14. In response to your demand seeking whether a claim is made that the services of the
answering defendant(s) were sought but not provided, this demand is not applicable.
15. In response to your demand seeking a statement of each and every act or omission
which you will claim as the basis of the alleged malpractice of the answering
defendant(s) herein, the defendants, NEW YORK CITY HEALTH AND
HOSPITALS CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH
CENTER, NEW YORK CITY POLICE DEPARTMENT, EDUARDO J.
RODRIGUEZ PEREZ, M.D., PRONOY KUMAR ROY, M.D., ANDALEEB RAJA,
M.D. and PHYSICIAN AFFILIATE GROUP OF NEW YORK, their agents, servants
and/or employees were negligent, careless and reckless in the ownership, operation,
maintenance, supervision care and control of the aforesaid facility in that there was
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
inadequate and improper supervision; in failing to properly monitor and supervise the
patients; in not supervising the patients; in failing to hire a sufficient and competent
staff; in failing to provide proper instruction to patients; in failing to properly
supervise patients including patient "Little", who was known to have violent and
dangerous propensities and had engaged in prior assaults thereat; failed to provide
protection and security to hospital staff members; failed to prevent an incident from
assailants'
escalating to a point of violence and danger; had notice of the violent
propensities and failed to take appropriate remedial action, permitted the claimant to
be placed in a dangerous situation; in causing and permitting the plaintiff to be
attacked, menaced, intimidated and threatened by said assailant; in failing to have a
sufficient number of employees/officers/security guards supervising the number of
patients in the hospital; in allowing and permitting a patients, whom they knew to
have violent propensities, to assault and attack the plaintiff herein; in disregarding
their duty to protect the safety and well-being of the hospital staff members; prior to
the incident, the assailant had exhibited signs of violent propensities and was acting
in a violent, irrational and confrontational manner which was readily apparent to
those who were supervising or should have been supervising him; the respondents,
their agents, servants and/or employees were negligent in allowing the assailant with
known violent propensities to be placed in the same area as the claimant without
adequate supervision and/or taking appropriate measures to prevent and/or stop the
assailant from harming the claimant; the assault and battery was committed upon the
claimant without cause or justiñcation; further, the respondents, their agents,
servants and/or employees were negligent in failing to take such necessary steps and
precautions that would have prevented the happening of the occurrence complained
of; in failing to provide proper and adequate protection to the claimant; and further,
were negligent in that prior to and at the time of the acts complained of herein, due to
the prior history of the individual involved in the assaults and batteries, knew or
should have known of the vicious propensities and bad disposition of the assailant
involved; and further, were negligent in the hiring, training and retention of its
employees; and were further negligent in failing to provide proper protection to the
claimant, despite claimant's reliance on activation of Behavior Emergency Support
Team (BEST); in failing to provide proper and adequate police protection, despite a
promise to do so; in failing to follow its security plan; in having prior knowledge that
the violence perpetrated against the staff by the patients and/or their families and
friends was the most alarming and urgent issue effecting Lincoln Hospital and failing
to remedy same in a timely manner; in having prior knowledge that every hospital
employee was at risk for attack and failing to provide them with safety and
protection; in having prior knowledge that in October and November of 2015 alone
five registered nurses in the Emergency Department had been viciously beaten during
their shifts, not one of the incidents were mentioned in daily huddles and failing to
remedy these vicious attacks and failing to provide protection and safety from same;
Little"
in having prior knowledge that the patient "Dawood was known as a violent
"Little"
psychotic patient; in having prior knowledge that the patient had assaulted
"Little"
other staff members in the past; in having prior knowledge that the patient
was a paranoid schizophrenic K2 user and failed to provide the plaintiff will proper
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
"Little"
protection and safety; and in allowing and permitting to viciously assault the
plaintiff; in acting in reckless disregard for the safety of others and the respondents,
its agents, servants and/or employees and/or contractors were otherwise reckless and
careless in the premises. Annexed hereto is a copy of the Prehospital Care Report
Summary, dated January 3, 2016. (See Exhibit "1")
16. In response to your demand seeking a statement of the accepted medical practices,
customs standards which it is claimed were violated by the answering defendant(s) in
each of the acts or omissions claimed to be the basis of liability against him, please
refer to response "15", above.
17. In response to your demand seeking the manner in which the answering defendant(s)
departed from each of the above accepted medical practices, customs and standards,
Annexed hereto is a copy of a letter from Lincoln Medical Center Staff, dated
December 7, 2015. (See Exhibit "2")
18. In response to your demand seeking what laws, rules or regulations of the State of
New York or of the City of New York, or of the Health and Hospitals Corporation of
the City of New York were allegedly violated by the answering defendant(s), to be
provided under separate cover, if applicable.
19. In response to your demand seeking each and every act and/or omission which will be
claimed as the basis of liability of each of the other defendant(s) sued herein, stating
separately which act and/or omission will be the basis of your claim against each,
please refer to response "15", above.
20. In response to your demand seeking the permanent injuries sustained by plaintiff(s),
the plaintiff(s) sustained the following personal injuries, all of which, upon
information and belief, are of a lasting and permanent nature:
FACE:
" Severely displaced fracture with a superior comminuted segment involving
posterior aspect of left mandible extending toward the angle;
" Severely displaced fracture with a superior comminuted segment involving
the left mandibular ramus;
" Significantly displaced fracture with superior comminuted segment involving
the anterior aspect of the right mandibular body;
" Lateral displacement of the condylar fracture fragment;
" Operation performed Kayvan Fathimani, D.D.S., at Lincoln Medical and
by
Mental Health Center, on January 4, 2016, consisting of the following:
> Open reduction internal fixation of bilateral mandibular fractures via
intraoral and transoral approaches.
" Residual medial angulation of the mandibular condylar fracture fragment;
" Bilateral hypoesthesia of the mandibular nerve;
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
" Blunted sensation over the V2/V3 distribution;
" electrical sensation to the chin region;
Sharp
" Nerve damage;
" Dysesthesia to bilateral CNV3;
" Trigeminal neuralgia;
" Dysphagia;
" Acute maxillary sinusitis;
" Decreased taste sensation;
" Adequate projection of malar region;
" Temporomandibular joint dysfunction;
" Joint locking;
" Deviation on mouth opening;
" Reddened sclera;
" Facial asymmetry;
" Trismus;
" Medial rectus weakness in the right eye;
" Diffuse jaw pain;
" Facial swelling;
" Bilateral facial edema;
" Blood in mouth dripping from nose;
" Dried blood in nares;
" Weakness of the facial nerve on the left;
" Numbness of the chin;
" Weakness of the left side of the face;
" over the left mandibular angle region;
Swelling
" Tenderness over left temporomandibular joint;
" Muscle spasms;
" Limited of the jaw;
mobility
" Palpable tenderness through lower mandible;
" Edema with the left masseter muscle, left parotid gland and subcutaneous
tissues of the left face and upper neck;
" Numbness over the left lip;
" Bruising and to lips;
swelling
" Muscle tightness;
" Tenderness and tightness near incision site;
" upon or talking;
Swelling chewing
" Ptosis;
" Dropped lip;
" Drooling;
" Bruising;
" Aching;
" Burning;
" Contraction;
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" Cramping;
" Crushing;
" Stabbing;
" eating;
Difficulty
" Difficulty sleeping;
" chewing;
Difficulty
" Need for splints;
gunning
" Need for nerve stimulator in maxillary region;
" Need for future surgery to remove retained hardware;
painfully
" Need for future reconstructive surgical intervention;
HEAD:
" Traumatic brain injury;
" Cognitive dysfunction;
" Hematoma of occiput;
" Major depressive disorder;
" Post-concussion syndrome;
" Post-traumatic stress disorder;
" Right vestibular hypofunction;
" Impaired taste;
" Impaired smell;
" Loss of consciousness;
" Ataxia;
" Disequilibrium;
" Cognitive deficits;
" loss;
Memory
" Decreased cognition;
" Decreased attention;
" Poor concentration;
" to sound;
Hypersensitivity
" to light;
Hypersensitivity
" Altered vision;
" Blurred vision;
" Oscillopsia;
" Anxiety;
" Impulsivity;
" Insomnia;
" deprivation;
Sleep
" Dazed;
" Groggy;
" Vertigo;
" Lethargic;
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" Drowsy;
" Disoriented;
" Headaches;
" Nightmares;
" Dizziness;
" Depression;
" Unsteadiness;
" Lightheadedness;
" Diplopia;
" Tinnitus;
" sound in ear and pressure in the head;
Ringing
" Loss of balance;
" Visual deficits;
" Visual disturbances;
" Visual clutter;
" Convergence insufficiency;
" Decreased ocular motor control;
" Pre-auricular tendemess;
" Aural fullness;
" Queasiness;
" Nausea;
" Difficulty with speech and diction;
RIGHT KNEE:
" Large complex tear of the lateral meniscus posterior horn;
" Large medial meniscal posterior horn tear;
" Operation performed by Donald J. Rose, M.D., at NYU Langone Medical
Center, on May 3, 2016, consisting of the following;
> Operative arthroscopy right knee with medial and lateral
meniscectomies.
" Diffuse chondromalacia;
" Hypertrophic synovitis anterolaterally;
" Diffuse pain in right knee;
" Joint effusion;
" Ligamentous injury;
" Muscle weakness;
" Internal derangement of the knee;
" Buckling;
" Bursitis;
" Crepitus;
" Antalgic gait;
" impairment;
Mobility
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022
" Instability of the right knee;
" Quadriceps atrophy;
" Clicking;
" Scarring;
" Severe pain;
" Tingling;
" Numbness;
" Contusion;
" Limited range of motion;
" Pain on motion;
" Severe tenderness;
" Weakness;
" Stiffness;
" Swelling;
" Post traumatic arthritis;
" Use of cane as ambulatory aid;
" Need for additional surgery;
CHEST:
" Acute embolism;
pulmonary
" Acute hypoxemic respiratory failure;
" Bibasilar linear atelectasis;
" Leukocytosis;
" Elevated left hemi-diaphragm;
" Dyspnea;
" Left lower anterolateral chest wall tenderness to palpation;
" Left upper quadrant tenderness to palpation;
" Chest wall pain;
" Left sided pleuritic chest pain;
" Pain under the left breast radiating around the side of the left scapula;
" pain associated with palpitation;
Sharp
" Chest tightness;
" Left rib pain;
LEFT KNEE:
" Torn medial meniscus of the posterior horn;
" Ligamentous injury;
" Internal derangement of knee;
" Sprain of the medial collateral ligament;
" Edema of the medial femoral condyle and tibial plateau;
" Instability;
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" Restrictive range of motion of the left knee;
" Joint effusion;
" Gait imbalance;
" impairment;
Mobility
" Quadriceps atrophy;
" Clicking;
" Scarring;
" Severe pain;
" Tingling;
" Numbness;
" Contusion;
" Limited range of motion;
" Pain on motion;
" Severe tenderness;
" Weakness;
" Stiffness;
" Swelling;
" Post traumatic arthritis;
" Need for arthroscopic surgery;
OTHER:
" Neck pain with paresthesia to the fingertips;
" to bilateral digits 4 and 5;
Tingling
" Midline neck tenderness;
" Muscle spasms in cervical spine;
" Numbness in the left side of the neck;
" Cervical tightness;
" Right leg pain;
" Acute right foot pain;
" Left pain;
hamstring
" Left strain;
hamstring
" Need for cervical collar;
Plaintiffhas difficulty performing activities of daily living. All with pain, tenderness,
stiffness, soreness, spasm, swelling, weakness, limitation of motion, restriction of
use, impairment of function, exacerbation of pain on motion, with damage to the
Preview
FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 EXHIBIT 5 FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ____________________________________________________......______..______________Ç ORELL GAYNOR, VERIFIED BILL OF PARTICULARS Plaintiff(s), -against- Index # 303755/2016 NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, THE CITY OF NEW YORK, L1NCOLN MEDICAL AND MENTAL HEALTH CENTER, EDUARDO J. RODRIGUEZ PEREZ, M.D., ANDALEEB RAJA, M.D., PRONOY ROY, M.D., NEW YORK CITY HOSPITAL POLICE DEPARTMENT, NEW YORK CITY POLICE DEPARTMENT and PHYSICIAN AFFILIATE GROUP OF NEW YORK, Defendant(s). _________________________________________________________..__________________Ç Plaintiff, by his attorneys, Peña & Kahn, PLLC, as and for his Veriñed Bill of Particulars herein, pursuant to the demand of the defendants, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, NEW YORK CITY HOSPITAL POLICE DEPARTMENT, EDUARDO J. RODRIGUEZ PEREZ, M.D., PRONOY KUMAR ROY, M.D., ANDALEEB RAJA, M.D. and PHYSICIAN AFFILIATE GROUP OF NEW YORK, all upon information and belief, respectfully states as follows: 1. In response to your demand seeking the date and time of the occurrence, the date and time of the occurrence is January 3, 2016, at approximately 5:00 a.m. 2. In response to your demand seeking location of the occurrence, the location of the 149d2 occurrence is Lincoln Medical and Mental Health Center, 234 East Street, Bronx, New York 10451. More particularly, inside Room B5 of "B Area". 3. In response to your demand seeking if any claims made against the answering defendant(s) are based upon vicarious or imputed liability state the names of each and every person who performed the alleged negligent acts and/or omissions and if the names are not known describe such persons by occupation, or function with sufficient clarity to make ready identification possible, vicarious liability is claimed against the answering defendants herein. Please refer to response "15", below. 4. In response to your demand seeking whether a claim is made that the answering defendant(s) ignored misdiagnosed complaints, signs, symptoms, findings and/or test results, this demand is not applicable. FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 5. In response to your demand seeking whether a claim is made that the answering defendant(s) administered improper and/or contraindicated drugs or medication, or administered drugs or medication in an improper dosage or in an improper manner, this demand is not applicable. 6. In response to your demand seeking whether a claim is made that a test or tests were improperly administered, this demand is not applicable. 7. In response to your demand seeking whether a claim is made that an indicated test was not performed or if performed was timely performed, this demand is not applicable. 8. In response to your demand seeking whether a claim is made that a surgical and/or operative procedure was improperly performed, contraindicated or unnecessary, this demand is not applicable. 9. In response to your demand seeking if a claim is made that a surgical and/or operative procedure that was indicated was not done or if done was not done timely, this demand is not applicable. 10. In response to your demand seeking if a claim is made that anesthesia was improperly administered and/or contraindicated, this demand is not applicable. 11. In response to your demand seeking whether a claim of inadequate consultation is made, this demand is not applicable. 12. In response to your demand seeking if it is claimed that a foreign body was placed in, left in, or allowed to remain in the patient, this demand is not applicable. 13. In response to your demand seeking whether a claim is made as to improper or defective equipment, this demand is not applicable. 14. In response to your demand seeking whether a claim is made that the services of the answering defendant(s) were sought but not provided, this demand is not applicable. 15. In response to your demand seeking a statement of each and every act or omission which you will claim as the basis of the alleged malpractice of the answering defendant(s) herein, the defendants, NEW YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN MEDICAL AND MENTAL HEALTH CENTER, NEW YORK CITY POLICE DEPARTMENT, EDUARDO J. RODRIGUEZ PEREZ, M.D., PRONOY KUMAR ROY, M.D., ANDALEEB RAJA, M.D. and PHYSICIAN AFFILIATE GROUP OF NEW YORK, their agents, servants and/or employees were negligent, careless and reckless in the ownership, operation, maintenance, supervision care and control of the aforesaid facility in that there was FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 inadequate and improper supervision; in failing to properly monitor and supervise the patients; in not supervising the patients; in failing to hire a sufficient and competent staff; in failing to provide proper instruction to patients; in failing to properly supervise patients including patient "Little", who was known to have violent and dangerous propensities and had engaged in prior assaults thereat; failed to provide protection and security to hospital staff members; failed to prevent an incident from assailants' escalating to a point of violence and danger; had notice of the violent propensities and failed to take appropriate remedial action, permitted the claimant to be placed in a dangerous situation; in causing and permitting the plaintiff to be attacked, menaced, intimidated and threatened by said assailant; in failing to have a sufficient number of employees/officers/security guards supervising the number of patients in the hospital; in allowing and permitting a patients, whom they knew to have violent propensities, to assault and attack the plaintiff herein; in disregarding their duty to protect the safety and well-being of the hospital staff members; prior to the incident, the assailant had exhibited signs of violent propensities and was acting in a violent, irrational and confrontational manner which was readily apparent to those who were supervising or should have been supervising him; the respondents, their agents, servants and/or employees were negligent in allowing the assailant with known violent propensities to be placed in the same area as the claimant without adequate supervision and/or taking appropriate measures to prevent and/or stop the assailant from harming the claimant; the assault and battery was committed upon the claimant without cause or justiñcation; further, the respondents, their agents, servants and/or employees were negligent in failing to take such necessary steps and precautions that would have prevented the happening of the occurrence complained of; in failing to provide proper and adequate protection to the claimant; and further, were negligent in that prior to and at the time of the acts complained of herein, due to the prior history of the individual involved in the assaults and batteries, knew or should have known of the vicious propensities and bad disposition of the assailant involved; and further, were negligent in the hiring, training and retention of its employees; and were further negligent in failing to provide proper protection to the claimant, despite claimant's reliance on activation of Behavior Emergency Support Team (BEST); in failing to provide proper and adequate police protection, despite a promise to do so; in failing to follow its security plan; in having prior knowledge that the violence perpetrated against the staff by the patients and/or their families and friends was the most alarming and urgent issue effecting Lincoln Hospital and failing to remedy same in a timely manner; in having prior knowledge that every hospital employee was at risk for attack and failing to provide them with safety and protection; in having prior knowledge that in October and November of 2015 alone five registered nurses in the Emergency Department had been viciously beaten during their shifts, not one of the incidents were mentioned in daily huddles and failing to remedy these vicious attacks and failing to provide protection and safety from same; Little" in having prior knowledge that the patient "Dawood was known as a violent "Little" psychotic patient; in having prior knowledge that the patient had assaulted "Little" other staff members in the past; in having prior knowledge that the patient was a paranoid schizophrenic K2 user and failed to provide the plaintiff will proper FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 "Little" protection and safety; and in allowing and permitting to viciously assault the plaintiff; in acting in reckless disregard for the safety of others and the respondents, its agents, servants and/or employees and/or contractors were otherwise reckless and careless in the premises. Annexed hereto is a copy of the Prehospital Care Report Summary, dated January 3, 2016. (See Exhibit "1") 16. In response to your demand seeking a statement of the accepted medical practices, customs standards which it is claimed were violated by the answering defendant(s) in each of the acts or omissions claimed to be the basis of liability against him, please refer to response "15", above. 17. In response to your demand seeking the manner in which the answering defendant(s) departed from each of the above accepted medical practices, customs and standards, Annexed hereto is a copy of a letter from Lincoln Medical Center Staff, dated December 7, 2015. (See Exhibit "2") 18. In response to your demand seeking what laws, rules or regulations of the State of New York or of the City of New York, or of the Health and Hospitals Corporation of the City of New York were allegedly violated by the answering defendant(s), to be provided under separate cover, if applicable. 19. In response to your demand seeking each and every act and/or omission which will be claimed as the basis of liability of each of the other defendant(s) sued herein, stating separately which act and/or omission will be the basis of your claim against each, please refer to response "15", above. 20. In response to your demand seeking the permanent injuries sustained by plaintiff(s), the plaintiff(s) sustained the following personal injuries, all of which, upon information and belief, are of a lasting and permanent nature: FACE: " Severely displaced fracture with a superior comminuted segment involving posterior aspect of left mandible extending toward the angle; " Severely displaced fracture with a superior comminuted segment involving the left mandibular ramus; " Significantly displaced fracture with superior comminuted segment involving the anterior aspect of the right mandibular body; " Lateral displacement of the condylar fracture fragment; " Operation performed Kayvan Fathimani, D.D.S., at Lincoln Medical and by Mental Health Center, on January 4, 2016, consisting of the following: > Open reduction internal fixation of bilateral mandibular fractures via intraoral and transoral approaches. " Residual medial angulation of the mandibular condylar fracture fragment; " Bilateral hypoesthesia of the mandibular nerve; FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 " Blunted sensation over the V2/V3 distribution; " electrical sensation to the chin region; Sharp " Nerve damage; " Dysesthesia to bilateral CNV3; " Trigeminal neuralgia; " Dysphagia; " Acute maxillary sinusitis; " Decreased taste sensation; " Adequate projection of malar region; " Temporomandibular joint dysfunction; " Joint locking; " Deviation on mouth opening; " Reddened sclera; " Facial asymmetry; " Trismus; " Medial rectus weakness in the right eye; " Diffuse jaw pain; " Facial swelling; " Bilateral facial edema; " Blood in mouth dripping from nose; " Dried blood in nares; " Weakness of the facial nerve on the left; " Numbness of the chin; " Weakness of the left side of the face; " over the left mandibular angle region; Swelling " Tenderness over left temporomandibular joint; " Muscle spasms; " Limited of the jaw; mobility " Palpable tenderness through lower mandible; " Edema with the left masseter muscle, left parotid gland and subcutaneous tissues of the left face and upper neck; " Numbness over the left lip; " Bruising and to lips; swelling " Muscle tightness; " Tenderness and tightness near incision site; " upon or talking; Swelling chewing " Ptosis; " Dropped lip; " Drooling; " Bruising; " Aching; " Burning; " Contraction; FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 " Cramping; " Crushing; " Stabbing; " eating; Difficulty " Difficulty sleeping; " chewing; Difficulty " Need for splints; gunning " Need for nerve stimulator in maxillary region; " Need for future surgery to remove retained hardware; painfully " Need for future reconstructive surgical intervention; HEAD: " Traumatic brain injury; " Cognitive dysfunction; " Hematoma of occiput; " Major depressive disorder; " Post-concussion syndrome; " Post-traumatic stress disorder; " Right vestibular hypofunction; " Impaired taste; " Impaired smell; " Loss of consciousness; " Ataxia; " Disequilibrium; " Cognitive deficits; " loss; Memory " Decreased cognition; " Decreased attention; " Poor concentration; " to sound; Hypersensitivity " to light; Hypersensitivity " Altered vision; " Blurred vision; " Oscillopsia; " Anxiety; " Impulsivity; " Insomnia; " deprivation; Sleep " Dazed; " Groggy; " Vertigo; " Lethargic; FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 " Drowsy; " Disoriented; " Headaches; " Nightmares; " Dizziness; " Depression; " Unsteadiness; " Lightheadedness; " Diplopia; " Tinnitus; " sound in ear and pressure in the head; Ringing " Loss of balance; " Visual deficits; " Visual disturbances; " Visual clutter; " Convergence insufficiency; " Decreased ocular motor control; " Pre-auricular tendemess; " Aural fullness; " Queasiness; " Nausea; " Difficulty with speech and diction; RIGHT KNEE: " Large complex tear of the lateral meniscus posterior horn; " Large medial meniscal posterior horn tear; " Operation performed by Donald J. Rose, M.D., at NYU Langone Medical Center, on May 3, 2016, consisting of the following; > Operative arthroscopy right knee with medial and lateral meniscectomies. " Diffuse chondromalacia; " Hypertrophic synovitis anterolaterally; " Diffuse pain in right knee; " Joint effusion; " Ligamentous injury; " Muscle weakness; " Internal derangement of the knee; " Buckling; " Bursitis; " Crepitus; " Antalgic gait; " impairment; Mobility FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 " Instability of the right knee; " Quadriceps atrophy; " Clicking; " Scarring; " Severe pain; " Tingling; " Numbness; " Contusion; " Limited range of motion; " Pain on motion; " Severe tenderness; " Weakness; " Stiffness; " Swelling; " Post traumatic arthritis; " Use of cane as ambulatory aid; " Need for additional surgery; CHEST: " Acute embolism; pulmonary " Acute hypoxemic respiratory failure; " Bibasilar linear atelectasis; " Leukocytosis; " Elevated left hemi-diaphragm; " Dyspnea; " Left lower anterolateral chest wall tenderness to palpation; " Left upper quadrant tenderness to palpation; " Chest wall pain; " Left sided pleuritic chest pain; " Pain under the left breast radiating around the side of the left scapula; " pain associated with palpitation; Sharp " Chest tightness; " Left rib pain; LEFT KNEE: " Torn medial meniscus of the posterior horn; " Ligamentous injury; " Internal derangement of knee; " Sprain of the medial collateral ligament; " Edema of the medial femoral condyle and tibial plateau; " Instability; FILED: BRONX COUNTY CLERK 07/26/2022 05:57 PM INDEX NO. 303755/2016E NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 07/26/2022 " Restrictive range of motion of the left knee; " Joint effusion; " Gait imbalance; " impairment; Mobility " Quadriceps atrophy; " Clicking; " Scarring; " Severe pain; " Tingling; " Numbness; " Contusion; " Limited range of motion; " Pain on motion; " Severe tenderness; " Weakness; " Stiffness; " Swelling; " Post traumatic arthritis; " Need for arthroscopic surgery; OTHER: " Neck pain with paresthesia to the fingertips; " to bilateral digits 4 and 5; Tingling " Midline neck tenderness; " Muscle spasms in cervical spine; " Numbness in the left side of the neck; " Cervical tightness; " Right leg pain; " Acute right foot pain; " Left pain; hamstring " Left strain; hamstring " Need for cervical collar; Plaintiffhas difficulty performing activities of daily living. All with pain, tenderness, stiffness, soreness, spasm, swelling, weakness, limitation of motion, restriction of use, impairment of function, exacerbation of pain on motion, with damage to the