Preview
INDEX NO. 50914/2020
NYSCEF DOC. NO. 370 RECEIVED NYSCEF: 12/20/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF WESTCHESTER
(irmaeiaden See asso r eae EU Lae oaawatneuNCEEEEeS,
JEANNETTE SERVIN, as Conservator of the Person
and the Estate of WILLIAM R. LEE, an incompetent,
and ANN R. LEE,
Index No. 50914/2020
Plaintiffs,
-against- JUDGMENT
WESTCHESTER COUNTY HEALTH CARE
CORPORATION, WESTCHESTER MEDICAL
CENTER, JENNIFER WU, HUMA SHEIKH,
SHYLA KODI, and RAMANDEEP SAHNI,
Defendants.
ise se einem siaibckiasesecceanseaausceaseeeseaweuacdaeetcewesccasnas|
The claims in this action against Dr. Huma Sheikh s/h/a Huma Sheikh having been brought
before the Supreme Court of the State of New York, County of Westchester, located at 111 Dr.
Martin Luther King Blvd., White Plains on the 16 of November, and the plaintiffs having
appeared by their attorneys Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman &
Mackauf and specifically Ben Rubinowitz, Esq and Jeffrey Bloom, Esq., and the defendant
Jennifer Wu M.D. s/h/a Jennifer Wu, and defendant/third-party plaintiff Westchester County
Healthcare Corporation who appeared by their attorneys, Wilson Elser Moskowitz Edelman and
Dicker LLP and specifically Paul Karp, Esq., James W. Kachadoorian Esq., and Judy C. Selmeci,
Esq.; and the defendant Dr. Huma Sheikh s/h/a Huma Sheikh having appeared by Vigorito, Barker,
Patterson, Nichols & Porter, LLP by Alfred Vigorito, Esq. and Nicole M. Varisco, Esq.; and
defendants Shyla Kodi and Ramandeep Sahni having appeared by their attorneys Rubin Paterniti
Gonzalez & Kaufman, LLP by Steven Kraus;
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NYSCEF DOC. NO. 370 RECEIVED NYSCEF: 12/20/2023
AND an application to dismiss the claims against defendant Dr. Huma Sheikh having been
initiated by counsel for that defendant at trial as demonstrated by the annexed Order and trial
transcript;
AND such application having been argued before the Court;
AND, the Court having granted that application and dismissing all of plaintiffs claims
against defendant Dr. Huma Sheikh on the merits;
AND the Court having executed an Order dismissing all claims against Dr. Huma Shiekh
on December 7, 2023;
AND said order having been served with Notice of Entry on December 7, 2023;
AND said order directing that the Clerk of Court shall enter judgment in favor of defendant
Dr. Huma Shiekh;
NOW upon the motion of counsel for defendant Dr. Huma Sheikh s/h/a Huma Shiekh, by
and through their counsel, Vigorito, Barker, Patterson, Nichols & Porter, LLP; it is hereby
ORDERED, ADJUDGED AND DECREED, that the defendant Dr. Huma Shiekh s/h/a
Huma Shiekh has judgment on dismissal of all claims against her;
JUDGMENT, signed and entered this 1% day of December, 2023
ENTER:
—S =
Egle
HON. PAUL I. MARX, J.S.C.
2 of 41
= INDEX NO. 50914/2020
NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 12/28/2023
REME CO! OF HE STA OF NEW YORK.
JEAD RV Se Or Pers
and the E: cof W {LLIAM R. LEE, an incompetent.
and ANN R. L
Index No, 50914/2020
laintiffs.
-against- ORDER
WESTC ER UNTY HEALTH C. ARE
col PO 10 YCHES RM NCAL
CE FE! R WU, HUMA SH
SHYLA KODI, and RAMANDEEP 5.
Defenda:
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mm nresnneten pmenen nnn aaueneenennnnnen x
Hon. Paul 1. Marx, J
The claims in this action against Dr. Huma Sheikh s/h’s Homa Sheikh having been brought before
the Supreme Court of the State of New York, County of Westchester, located at ff De Martin
Luther King Bivd Whi Plains and a jary ad the plan having appeared by their
attomeys Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman & Mackauf by Ben
Rubinowttz, Esy and Jeffrey Bloom, Esq. and the defendant Jennifer Wu M.D. s/h/a Jennifer
Wu, and defendant’ rty plaintiff Westchester County Healthcare Corporation
having appeared by thei attorneys Wilson Elser Moskowitz Edelman and Dicker LUP by
Pau arp, Esq Jame: W. Kachadoort and Judy C eci, Esq: and the
defendant Dr. Huma Sheikh s‘h/a Huma Sheikh having appeared by Vigorito, Barker. Patterson.
Nichols& Porter, L P by Alfred V i 0, Es: and Nicole M. Variseo, Es and defendants Shy!
Kodi and Ramandeep Sabni having appeared by their attorneys Rebin Paterniti Gonzalez &
Kaufman, LLP by Steven Krau:
3 of 43
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NYSCEF DOC. NO. 380 RECEIVED NYSCEF: 12/28/2023
AND an application to dis he ef againat defendant Dr. Huma Shiekh aving been
initiated by her counsel at trialon LUI ag memort ized beginning at page 1574 of the
tial transcript. which is annexed hereto and incor ted by reference as Exhibit A:
AND such application having been orally argued before the Court;
AND, the Court having granted the application to dismiss afl of plaintiff's claims
against defendant Dr. Huma Sheikh on the merits,
NOW upon the motion of counsel for defendant Dr. Huma Sheikh, by and through their
counsel, Vigorito, Barker, Patterson, Nichols & Porter, LLP: it is hereby
ORDERED that all claims against Dr. Sheikh are hereby missed on the merits for the
reasons stated on the record in open Court and as mer jalized in the annewed transcript, and it is
hereby
ORDERED that the Clerk of Court shall enter judgment in favor of Dr. Huma Sheikh.
ENTER
Se
me,
NL
HON? A TAR
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a INDEX NO. 50914/2020
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NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 12/729,2023
1808 THE COURT OFFICER: Jury entering.
(Whereupon, the jury enters the courtroom.)
SUPREME COURT STATE OF NEW YORK THE COURT: Members of the jury, we are still on
couwy of wesrcHesTaR the plaintiffs’ case.
WELLIAM R. LEE and ANNA R. LEE, Mr. Steigman, I understand the next witness is
Plaintifts,
ragainst- Index # yours.
50814/20
WESTCHESTER COUNTY HEALTHCARE Call your next witness, please.
CORFORATION, WESTCHESTER MEDICAL
center, JENNIFER WU, SYDNEY NOSELEY, MR. STEIGMA\ : Thank you, your Honor.
HUMA SHEIKH, SHYLA KODE and RANANDEEP
SAHNI,
Defendants. Plaintiff calls Kristin Kucsma.
x
SURE TRIAL: 10 KRISTIN KUCSMA, called as a witness by the
Westchester County courthouse
111 br. Martin Luther King Blvd. "1 plaintiff, having been first duly sworn, is examined and
white Plains, ¥ Losol
Novenber 16," 2023 12 testified as follows:
BEFO RE:
43 THE COUR Lower your hand, please. Have a seat.
SHORABLE PAUL I. MARK,
Suprene Court Justice 44 THE WITNESS: Thank you.
APPEARANCES: 45 THE COURT: Carmen will adjust the microphone for
GAIR, GATR, CONASO FUBINOWITZ, BLOOM,
BERSHENHORN, STEIGMAN & MACKAUP 16 you. When you're comfortably seated, state your full name,
Attorneys for Plaintiffs
80 Pine Street 17 spell it for the benefit of my court reporter and give her
New York, N¥ 10005
By: BEN RUBINOWITZ, Ese. 18 your business address.
JEPEREY BLOOM, ESQ)
RICHARD STEIGNAN, Ese 49 THE WITNESS: Kristin Kucsma, K-R-I-S-T-I-N,
WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP
Attorneys for Defendant Weetcheater County 20 K-U-C-S-M-A, 293 Eisenhower Parkway, second floor,
Healthcare Corporation and Dr. wa
150 eaet ond Street a Livingston, New Jersey 07039.
New York, NY 10017
By: PAUL’ KARP, ESQ. 22 THE COURT: Thank you.
JAMES. KACHADOORTAN, Bsg.
ELIZABETH A. DeMASI 23 Mr. Steigman, the witness is properly sworn. She's
Senicr Court Reporter
24 your witness, you may inquire.
25 MR. STEIGMA\ : Thank you.
505
Appearances: (Cont'd.) 1514
DIRECT EXAMINATION
VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP BY MR. STEIGMAN:
Attorneys for Defendant Dr. Sheikh
115 East Stevens Avenue a Good morning, Professor Kucsma.
Valhalla, NY 1059!
BY: ALFRED P. VIGORITO, ESQ. A Good morning.
NICOLE VARISCO, ESQ.
a You are an economist?
RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN A Yes, 1 am.
Attorneys for Defendants Dr. Kodi and Dr. Sahni
555 Fifth Avenue a Okay. And you have performed certain economic analysis
New York, NY 10017
BY: STEVEN KRAUS, ESQ. as it relates to portions of this case for us?
er ae A Yes, | have.
10 a Okay. Could you please provide the Court and jury your
"1 educational background and training?
12 A Sure. | have a bachelor of art degr: economics
43 that I received from Seton Hall University where | was graduated
14 with highest honors.
15 | have a master of arts degree in economics that |
16 received from Rutgers University.
47 And, in addition to my master of art degree in
18 economics, | was enrolled in the Ph.D. program in economics at
19 Rutgers. | had completed all of my course work in that program,
20 passed my qualifying examinations but did not have complete my
a dissertation.
22 a In terms of academic life, did you go on and become a
23 professor in economics?
24 A I did, | actually started teaching while | was in
25 graduate school. | was a member of the full-time faculty at
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Seton Hall University and Drew University. | was an adjunct can drive to and from work. How much more does it cost to ride
professor at Rutgers University at what was at the time Saint the subway now than it cost us five or ten years ago.
Peter's College, now Saint Peter's University. | taught Those are some general examples what we mean when we
primarily in the department of economics in both the graduate talk about inflation.
and undergraduate levels. On occasion | taught finance and Q You are familiar with the phrase in economics growth
statistics. And I did that, taught at the university level rate?
for about 14 years, A Yes.
Q Have you published in the field of economics? Q What does that refer to?
A Yes, | have. A Growth rate is, for all intents and purposes, very
10 Q Can you tell us a little bit about that, please? 10 similar, in some cases synonymousto inflation. So when we are
1 A Sure. The article that's probably most relevant for my 11 talking about growth rates, we are talking about how much
12 testimony today is an article that was published in the Journal 12 something increases. So, for example, if we talk about the
13 of Forensic Economics. And spect ally, it is an article that 13 growth rate for wages, we are talking about how much on average
14 talks about how economists calculate or evaluate economic 14 wages go up every year. If we are talking about growth rates
15 damages in matters involving personal injury and wrongful death 15 and prices, then we are really talking about inflation, how much
16 Q So, what is that phrase that you just shared with us, 16 cost and prices increase year over year.
17 forensic economics? 17 Q Did we ask you to perform an economic analysis
18 A Forensic economics refers to the use of economic data, 18 regarding growth rates for various categories of future medical
19 generally accepted economic principles and practices and really 19 ‘expenses in this case?
20 use of the Id of economics for a specific purpose, and that 20 A Yes, you did.
21 specific purpose is to evaluate economic damages in litigated 24 Q Okay. Now, to be clear, you're not here as an expert
22 matters like the one we are here to discuss today. 22 to tell this jury about what actual expenses will be needed,
23 Q Is your work now as a forensic economist? 23 right?
24 A Most of it, yes, about 90 to 95 percent of the work 24 A That's correct, that’s well outside my area of
25 that | am presently doing does involve working with attorneys, 25 expertise.
1513 1515
both plaintiffs’ attorneys and defense attorneysto evaluate the Q Okay. So, for the purposes of your testimony, you're
economic damages. relying upon the medical testimony and the testimony that this
Q Okay. You have provided testimony as an economic jury heard of Brook Feerick, the certified life care planner.
expert for our firm prior to this? Do I have that right?
A Yes, | have. A That's correct, yes.
Q How many times have you done that? Q Okay. So, how do you go about determining an
A | believe twice. appropriate growth rate with respect to the different items or
8 Q Okay. Are you being compensated for your time and your 8 categories of medical expenses?
9 expertise in this matter? 9 A The first thing | had to do was review the life care
10 A Yes, my firm has been compensated for all the work we 10 plan and look at the individual elements and categories of
1 have done in connection with this matter as well as my 11 future care that were provided for in this life care plan.
12 appearance here today. 12 Once | had an understanding of the different categories
13 Q How much? 13 of care, for example, medications, and therapies and so on, |
14 A | would estimate that my firm has received 14 then needed to conduct some economic research and | started by
15 approximately $10,000 in total for the preparation of our 15 examining historical data and very specifically | started by
16 i itial analysis, my preparation for my appearance here today 16 examining something called the Consumer Price Index.
17 and my time he today. 17 And the Consumer Price Index or the CPI in general is
18 Q Okay. So, let me ask you about an economic concept 18 something that people will use again, to talk about how much on
19 that we all hear quite a lot about these days, what is 19 average, how much more expensive everything is getting.
20 inflation? 20 The CPI or Consumer Price Index is actually calculated
21 A Inflation refers to, generally speaking, increase in 24 by the US Department of Labor. The way the US Department of
22 prices and when we talk about the general inflation rate, we are 22 Labor calculates the general price index is they literally take
23 just talking about how much more it costs, for example, a family 23 a basket and fill the basket up with all of the items that the
24 to put food on the table this year than it cost them to do so 24 average person buys on a weekly, monthly basis. So they take
25 last year or how much it costs to fill up our tank of gas so we 25 the basket and fill it up with socks, toothpaste and eggs and
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then they examine how much it would cost to buy that basket of Q So, after you reviewed Ms. Feerick's life care plan and
socks, and toothpaste and eggs in 2022, for example, how much it you did the research and analysis that you've described, did you
used to cost to buy that same basket in 2012, and then we can actually put together an economic report for us?
simply see how much on average the cost of that basket increased A Yes, | did.
and we can measure how much cost has gone up. Q Was that dated June 21st of 2022?
The US Department of Labor has many different baskets. A Yes, it was.
So they have for example a basket for food where they can Q And at that point you were using growth rates based
examine very specifically how much more expensive food is now upon the analysis as of 2022, correct?
than it was ten years ago. A Yes.
10 They also have various baskets for different types of 10 Q All right. As we have moved forward into 2023, have
1 medical care. They have a basket specifically for medications, 11 the growth rates with respect to some of those items changed at
12 so we can look at specifically how much more medications cost 12 all?
13 now then they used to. 13 A Some of them have, yes.
14 They have a basket they fill up with physician services 14 Q Okay. And have you actually gone and noted and
15 so we can examine how much more it costs to see a doctor now 15 calculated the growth rates now in effect in 2023?
16 than it did ten years ago. 16 A Yes, | did update my growth rates to reflect the fact
17 They have a basket they fill up, for example, facility 17 that | now have economic data available to me now that was not
18 care. So again, we can examine how much more expensive it costs 18 available to me back in 2022.
19 to reside in a facility, a medical facility now than it used to. 19 Q Okay. And you provided those calculations to us,
20 So that was really my starting point, | am looking at 20 correct?
21 all of the different baskets that were related to the categories 24 A Yes,
22 of care that were outlined in the life care plan. 22 Q Okay.
23 That was my first step looking back historically. Even 23 MR. STEIGMAN: Your Honor, I would ask that this
24 though historical data is helpful and gives us some information 24 would be marked as Plaintiffs’ Exhibit 33 for
25 about what the future is going to look like, it is not enough to 25 identification.
1517 1519
just look back and assume for the next 10 or 20 years will look MR. KACHADOORIAN: May I take a look at it?
exactly like the last 10 or 20 years. MR. STEIGMAN: Yes.
So the second thing | did was also review data that is (Handing)
available about projections, about future medical costs, future THE COURT: Mr. Vigorito, do you need a copy?
wage growth, future inflation rates. And specifically | MR. VIGORITO: I would like to see a copy.
examined projections that are published each year by the Social THE COURT: Do we have additional copies for the
Security Administration. other defendants? Mr. Kraus, have you seen it?
8 | also examined projections that are published each 8 MR. KRAUS: I don't think so.
9 year by the Congressional Budget Office and | also examined 9 (Whereupon, economist report is marked as
10 projections published in what is called the Occupation Outlook 10 Plaintiffs’ Exhibit 33 for identification, as of this date.)
1 Handbook. That's a handbook that's published by the US 11 THE COURT: The witness is being shown 33 for
12 Department of Labor and specifically that allowed me to look at 12 identification.
13 projections about the growth and the demand for certain 13 Q Professor Kucsma, do you recognize what we have just
14 categories of care things like, facility care, home health aide 14 marked as Plaintiffs’ Exhibit 33 for identification?
15 care and so on. 15 A Yes, | do.
16 And the last thing | did as an economist was also take 16 Q What is it?
17 into account the economic factors that will continue to push 17 A Thi is a table that includes the yearly increases for
18 prices up going forward. 18 the costs of care provided for the life care plan.
19 The aging population, the increased demand for medical 19 Q Is that something that you provided with the numbers
20 services, all of these things are going to continue to push the 20 based upon the 2022 dollars that Ms. Feerick testified to and
21 costs of medical care up going forward. 24 adding in your growth rates?
22 So once I had reviewed all of that data, | was then 22 A Yes.
23 able to determine on average how much the costs that were 23 Q Okay. With respect to the changes in your report from
24 provided in the life care plan will likely increase each year 24 the 2022 report to the growth rates that you are now listing,
25 over Mr. Lee's life expectancy. 25 some of them stayed exactly the same, right?
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A Yes. MR. STEIGMAN: Oh, okay. Pardon me. I gave her
Q For the ones that changed, did you change them up toa the wrong document, then it's this.
higher growth rate or to a lower growth rate actually? 1 will ask that this be marked as Plaintiffs’
A The couple of rates that changed actually fell, so they Exhibit 34.
are actually lower than they had been when | prepared my initial THE COURT: Show it to the defendants.
report in 2022. Mr. Rubinowitz, cover that up for the time being,
Q For the sake of accuracy, you pointed that out to us please, it is not yet in evidence, thank you.
and that's why we prepared the new numbers, is that right? (Handing.)
A That's correct, yes. MR. STEIGMAN: Offering 34 in evidence.
10 Q Okay. So, why don't we do -- with the Court's 10 THE COURT: Any objection to the exhibit, Mr.
1 permission, we will supply this as we are going line by line, 11 Kachadoorian, subject to redaction?
12 the first category is physician services. I want you to 12 MR. KACHADOORIAN: No objection.
13 assume -- 13 THE COURT: Mr. Vigorito, same no objection?
14 THE COURT: I am sorry, that's not in evidence. 14 MR. VIGORITO: No objection.
15 MR. STEIGMAN: Okay. 15 THE COURT: Mr. Kraus, you are still in the middle
16 I will offer the entire document in evidence. 16 ground, I take it?
17 THE COURT: Mr. Kachadoorian? 17 MR. KRAUS: I like the middle ground, yes, no
18 MR. KACHADOORIAN: Subject to redaction, of course. 18 objection.
19 THE COURT: Subject to redaction, okay. 19 THE COURT: Mark it in, Liz, please subject to
20 Again, the jury understands what that means, There 20 redaction.
21 means there may be some information that's not properly 24 MR. STEIGMAN: I apologize for that.
22 before you, we will figure out what that is. 22 (Whereupon, annual cost of lifetime care is marked
23 Mr. Vigorito? 23 as Plaintiffs’ Exhibit 34 in evidence, as of this date.)
24 MR. VIGORITO: No objection, your Honor. 24 THE COURT: We are going to call this annual cost
25 THE COURT: Mr. Kraus? 25 of lifetime care. Is that what we are going to call it?
1521 1523
MR. KRAUS: I join with the co-defendants. Subject MR. STEIGMAN: Yes.
to redaction. THE COURT: Very good.
THE COURT: I have two different co-defendants, Exhibit 34 in evidence is being displayed to the
have one that has no objection and one that wants it jury and the witness.
redacted. Q Calling your attention to Exhibit 34 in evidence, 1
Do you want it partially redacted, do you want to want you to assume that Brook Feerick testified in 2022 dollars
be in the middle? that the total annual cost of physician care for William Lee is
8 MR. KRAUS: Partially redacted. 8 $5,955.
9 THE COURT: I am sorry, Mr. Kraus, you seem to 9 So what does that mean, that phrase, in 2022 dollars?
10 constantly be the foil for my jokes. 10 A That refers to what it would have cost Mr. Lee to get
1 Mark it into evidence, please. Subject to 11 that care last year in 2022.
12 redaction, Thank you. 12 Q Okay. And we see a 2023 year value on our first row of
13 (Whereupon, Plaintiffs’ Exhibit 33, previously 13 physicians of $6,044.
14 marked for identification is received in evidence, as of 14 Can you explain that for us?
15 this date.) 15 A Yes, the first thing | had to do was take into account
16 THE COURT: We are going to call that Kucsma table 16 that we have had inflation between last year and this year, so
17 of increase decrease, is that okay with everybody? 17 that the cost of obtaining these services, these physician
18 MR. KACHADOORIAN: 1 don't believe it was increase, 18 services will no longer be the roughly $5,009 per year, but will
19 your Honor, I think it was only decrease. 19 be more than that.
20 THE COURT: Sorry, okay, I am reading it from afar. 20 And in fact, taking into account the inflation that has
21 We will call it, Kucsma table, how is that? 24 occurred over the past year, | was able to calculate the annual
22 Mr. Steigman, go ahead. 22 cost of physician services at $6044 currently in 2023.
23 So you are showing her something different than 33? 23 Q And if I ask you an opinion question, I want you to
24 MR. KACHADOORIAN: That seems to be the case. 24 understand I mean if you hold an opinion to a reasonable degree
25 THE WITNESS: This is just the increases. 25 of economic certainly, is it your opinion that based upon
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Ms. Feerick’s testimony that the 2023 year valued for physician The testimony you're about to hear will be from
is $6044? Professor Kucsma, and she disagrees with the table that I am
A Per year, that is correct. going to charge.
Q The calculation was as of December 1st, 2023? Tam going to allow this information into evidence
A Yes. and you can consider her background, training, experience,
Q Okay. The next column says years of care, 33.3 years. et cetera in consideration of what she testifies to and you
Can you explain that for us, please? can juxtapose that against the charge that I am going to
A Yes, this is based on my review of the National Vital give you at the conclusion, so that you can make your own
Stati: ics reports and very specifically, | examined the determination as to what an appropriate life expectancy to
10 National Vital Statistics reports, they are published by the 10 be applied if you indeed do make an award to Mr. Lee.
1 Centers For Disease Control, the US government and | was able to 11 1 think that's reasonably clear. 1 see a lot of
12 examine how much more years a male of Mr. Lee's age will live as 12 heads nodding up and down.
13 of today's date, a male of Mr. Lee's life expectancy would live. 13 MR. STEIGMAN: Thank you.
14 Q Let's clarify, you're talking about a man of Mr. Lee's 14 Q I think I was asking if you were familiar with the life
15 age? 15 expectancy table in the Pattern Jury Instructions?
16 A Yes. 16 A Yes, | am.
17 Q As of December 1st, 2023? 17 Q Are you familiar with the life expectancy listed in
18 A That's correct. 18 that table for a 46 year old male?
19 Q Your opinion is that the average life expectancy is 19 A Yes, | believe it is approximately 30.9 years.
20 reflected there at 33.3 years? 20 Q Okay. Do you have an understanding as to what the
21 A Yes. 24 instructions in the table in the Pattern Jury Instructions, what
22 Q Are you familiar with something called the Pattern Jury 22 that 30.9 figure is based upon?
23 Instructions of New York? 23 A That figure also is based on US government data, the
24 MR. KACHADOORIAN: Objection. 24 same data that | relied upon, but the date that that’s appended
25 THE COURT: As a general proposition, overruled. 25 to the Pattern Jury Instructions is based on life expectancy for
1525 1527
Go ahead. males in 1999, so it's just outdated data.
A Yes, | am. My standard practice is to simply consider more
Q Okay. Do the Pattern Jury Instructions contain certain up-to-date data that is publicly available and published by the
life expectancy tables? US government.
MR. KACHADOORIAN: Objection, your Honor, this is So my life expectancy of 33.3 years is not based on how
legal. long males were expected to life in 1999, but rather reflects
THE COURT: I am sorry, leading? how many years males were expected to live as of 2019.
8 MR. KACHADOORIAN: No, this is a matter for the 8 Q Thank you. With respect --
9 Court. 9 THE COURT: Let's be clear. This is her opinion,
10 THE COURT: Come over here, please. 10 it is not binding on the jury, it is something for the jury
1 (Whereupon, an off-the-record discussion is held at 11 to consider.
12 the bench.) 12 Q It is your opinion that a 46 year old male in 2023 that
13 THE COURT: The objection is overruled. 13 life expectancy is 33.3 years, is that correct?
14 ‘So the jury is Clear, at the conclusion of the 14 A Yes, based on the most up-to-date data available,
15 trial the Court will be charging you on the law with respect 15 that's correct.
16 to a variety of matters, included amongst those will be what 16 Q Okay. With respect to yearly growth rate for physician
17 we call our Pattern Jury Instructions. 17 services, you wrote 2.75. Could you explain the basis for that?
18 Ihave already explained to you what those were, 18 A Yes, based on all of the information | described
19 that the Pattern Jury Instructions includes these various 19 earlier, the historical data as well as projections of future
20 tables. One of the instructions that you will receive is 20 growth, future medical costs, and also taking into account
21 that you're not bound to those tables, you can apply 24 economic
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INDEX NO. 50914/2020 NYSCEF DOC. NO. 370 RECEIVED NYSCEF: 12/20/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER (irmaeiaden See asso r eae EU Lae oaawatneuNCEEEEeS, JEANNETTE SERVIN, as Conservator of the Person and the Estate of WILLIAM R. LEE, an incompetent, and ANN R. LEE, Index No. 50914/2020 Plaintiffs, -against- JUDGMENT WESTCHESTER COUNTY HEALTH CARE CORPORATION, WESTCHESTER MEDICAL CENTER, JENNIFER WU, HUMA SHEIKH, SHYLA KODI, and RAMANDEEP SAHNI, Defendants. ise se einem siaibckiasesecceanseaausceaseeeseaweuacdaeetcewesccasnas| The claims in this action against Dr. Huma Sheikh s/h/a Huma Sheikh having been brought before the Supreme Court of the State of New York, County of Westchester, located at 111 Dr. Martin Luther King Blvd., White Plains on the 16 of November, and the plaintiffs having appeared by their attorneys Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman & Mackauf and specifically Ben Rubinowitz, Esq and Jeffrey Bloom, Esq., and the defendant Jennifer Wu M.D. s/h/a Jennifer Wu, and defendant/third-party plaintiff Westchester County Healthcare Corporation who appeared by their attorneys, Wilson Elser Moskowitz Edelman and Dicker LLP and specifically Paul Karp, Esq., James W. Kachadoorian Esq., and Judy C. Selmeci, Esq.; and the defendant Dr. Huma Sheikh s/h/a Huma Sheikh having appeared by Vigorito, Barker, Patterson, Nichols & Porter, LLP by Alfred Vigorito, Esq. and Nicole M. Varisco, Esq.; and defendants Shyla Kodi and Ramandeep Sahni having appeared by their attorneys Rubin Paterniti Gonzalez & Kaufman, LLP by Steven Kraus; 1 of 41 INDEX NO. 50914/2020 NYSCEF DOC. NO. 370 RECEIVED NYSCEF: 12/20/2023 AND an application to dismiss the claims against defendant Dr. Huma Sheikh having been initiated by counsel for that defendant at trial as demonstrated by the annexed Order and trial transcript; AND such application having been argued before the Court; AND, the Court having granted that application and dismissing all of plaintiffs claims against defendant Dr. Huma Sheikh on the merits; AND the Court having executed an Order dismissing all claims against Dr. Huma Shiekh on December 7, 2023; AND said order having been served with Notice of Entry on December 7, 2023; AND said order directing that the Clerk of Court shall enter judgment in favor of defendant Dr. Huma Shiekh; NOW upon the motion of counsel for defendant Dr. Huma Sheikh s/h/a Huma Shiekh, by and through their counsel, Vigorito, Barker, Patterson, Nichols & Porter, LLP; it is hereby ORDERED, ADJUDGED AND DECREED, that the defendant Dr. Huma Shiekh s/h/a Huma Shiekh has judgment on dismissal of all claims against her; JUDGMENT, signed and entered this 1% day of December, 2023 ENTER: —S = Egle HON. PAUL I. MARX, J.S.C. 2 of 41 = INDEX NO. 50914/2020 NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 12/28/2023 REME CO! OF HE STA OF NEW YORK. JEAD RV Se Or Pers and the E: cof W {LLIAM R. LEE, an incompetent. and ANN R. L Index No, 50914/2020 laintiffs. -against- ORDER WESTC ER UNTY HEALTH C. ARE col PO 10 YCHES RM NCAL CE FE! R WU, HUMA SH SHYLA KODI, and RAMANDEEP 5. Defenda: eevieeeeeeemmn mm nresnneten pmenen nnn aaueneenennnnnen x Hon. Paul 1. Marx, J The claims in this action against Dr. Huma Sheikh s/h’s Homa Sheikh having been brought before the Supreme Court of the State of New York, County of Westchester, located at ff De Martin Luther King Bivd Whi Plains and a jary ad the plan having appeared by their attomeys Gair Gair Conason Rubinowitz Bloom Hershenhorn Steigman & Mackauf by Ben Rubinowttz, Esy and Jeffrey Bloom, Esq. and the defendant Jennifer Wu M.D. s/h/a Jennifer Wu, and defendant’ rty plaintiff Westchester County Healthcare Corporation having appeared by thei attorneys Wilson Elser Moskowitz Edelman and Dicker LUP by Pau arp, Esq Jame: W. Kachadoort and Judy C eci, Esq: and the defendant Dr. Huma Sheikh s‘h/a Huma Sheikh having appeared by Vigorito, Barker. Patterson. Nichols& Porter, L P by Alfred V i 0, Es: and Nicole M. Variseo, Es and defendants Shy! Kodi and Ramandeep Sabni having appeared by their attorneys Rebin Paterniti Gonzalez & Kaufman, LLP by Steven Krau: 3 of 43 INDEX NO. 50914/2020 NYSCEF DOC. NO. 380 RECEIVED NYSCEF: 12/28/2023 AND an application to dis he ef againat defendant Dr. Huma Shiekh aving been initiated by her counsel at trialon LUI ag memort ized beginning at page 1574 of the tial transcript. which is annexed hereto and incor ted by reference as Exhibit A: AND such application having been orally argued before the Court; AND, the Court having granted the application to dismiss afl of plaintiff's claims against defendant Dr. Huma Sheikh on the merits, NOW upon the motion of counsel for defendant Dr. Huma Sheikh, by and through their counsel, Vigorito, Barker, Patterson, Nichols & Porter, LLP: it is hereby ORDERED that all claims against Dr. Sheikh are hereby missed on the merits for the reasons stated on the record in open Court and as mer jalized in the annewed transcript, and it is hereby ORDERED that the Clerk of Court shall enter judgment in favor of Dr. Huma Sheikh. ENTER Se me, NL HON? A TAR 4 of 43 a INDEX NO. 50914/2020 F HE OUN NYSCEF DOC. NO. 360 RECEIVED NYSCEF: 12/729,2023 1808 THE COURT OFFICER: Jury entering. (Whereupon, the jury enters the courtroom.) SUPREME COURT STATE OF NEW YORK THE COURT: Members of the jury, we are still on couwy of wesrcHesTaR the plaintiffs’ case. WELLIAM R. LEE and ANNA R. LEE, Mr. Steigman, I understand the next witness is Plaintifts, ragainst- Index # yours. 50814/20 WESTCHESTER COUNTY HEALTHCARE Call your next witness, please. CORFORATION, WESTCHESTER MEDICAL center, JENNIFER WU, SYDNEY NOSELEY, MR. STEIGMA\ : Thank you, your Honor. HUMA SHEIKH, SHYLA KODE and RANANDEEP SAHNI, Defendants. Plaintiff calls Kristin Kucsma. x SURE TRIAL: 10 KRISTIN KUCSMA, called as a witness by the Westchester County courthouse 111 br. Martin Luther King Blvd. "1 plaintiff, having been first duly sworn, is examined and white Plains, ¥ Losol Novenber 16," 2023 12 testified as follows: BEFO RE: 43 THE COUR Lower your hand, please. Have a seat. SHORABLE PAUL I. MARK, Suprene Court Justice 44 THE WITNESS: Thank you. APPEARANCES: 45 THE COURT: Carmen will adjust the microphone for GAIR, GATR, CONASO FUBINOWITZ, BLOOM, BERSHENHORN, STEIGMAN & MACKAUP 16 you. When you're comfortably seated, state your full name, Attorneys for Plaintiffs 80 Pine Street 17 spell it for the benefit of my court reporter and give her New York, N¥ 10005 By: BEN RUBINOWITZ, Ese. 18 your business address. JEPEREY BLOOM, ESQ) RICHARD STEIGNAN, Ese 49 THE WITNESS: Kristin Kucsma, K-R-I-S-T-I-N, WILSON ELSER MOSKOWITZ EDELMAN & DICKER, LLP Attorneys for Defendant Weetcheater County 20 K-U-C-S-M-A, 293 Eisenhower Parkway, second floor, Healthcare Corporation and Dr. wa 150 eaet ond Street a Livingston, New Jersey 07039. New York, NY 10017 By: PAUL’ KARP, ESQ. 22 THE COURT: Thank you. JAMES. KACHADOORTAN, Bsg. ELIZABETH A. DeMASI 23 Mr. Steigman, the witness is properly sworn. She's Senicr Court Reporter 24 your witness, you may inquire. 25 MR. STEIGMA\ : Thank you. 505 Appearances: (Cont'd.) 1514 DIRECT EXAMINATION VIGORITO, BARKER, PATTERSON, NICHOLS & PORTER, LLP BY MR. STEIGMAN: Attorneys for Defendant Dr. Sheikh 115 East Stevens Avenue a Good morning, Professor Kucsma. Valhalla, NY 1059! BY: ALFRED P. VIGORITO, ESQ. A Good morning. NICOLE VARISCO, ESQ. a You are an economist? RUBIN PATERNITI GONZALEZ RIZZO KAUFMAN A Yes, 1 am. Attorneys for Defendants Dr. Kodi and Dr. Sahni 555 Fifth Avenue a Okay. And you have performed certain economic analysis New York, NY 10017 BY: STEVEN KRAUS, ESQ. as it relates to portions of this case for us? er ae A Yes, | have. 10 a Okay. Could you please provide the Court and jury your "1 educational background and training? 12 A Sure. | have a bachelor of art degr: economics 43 that I received from Seton Hall University where | was graduated 14 with highest honors. 15 | have a master of arts degree in economics that | 16 received from Rutgers University. 47 And, in addition to my master of art degree in 18 economics, | was enrolled in the Ph.D. program in economics at 19 Rutgers. | had completed all of my course work in that program, 20 passed my qualifying examinations but did not have complete my a dissertation. 22 a In terms of academic life, did you go on and become a 23 professor in economics? 24 A I did, | actually started teaching while | was in 25 graduate school. | was a member of the full-time faculty at 1 of 37 sheets Page 1598 bea 1591 11/16/2023 02:57:38 PM D Hi OUN /e372023 10:33 AN INDEX NO. 50914/2020 NWSCEF DOC. NO. 360 1512 RECEIVED NYSCEF: 12/29/2023 Seton Hall University and Drew University. | was an adjunct can drive to and from work. How much more does it cost to ride professor at Rutgers University at what was at the time Saint the subway now than it cost us five or ten years ago. Peter's College, now Saint Peter's University. | taught Those are some general examples what we mean when we primarily in the department of economics in both the graduate talk about inflation. and undergraduate levels. On occasion | taught finance and Q You are familiar with the phrase in economics growth statistics. And I did that, taught at the university level rate? for about 14 years, A Yes. Q Have you published in the field of economics? Q What does that refer to? A Yes, | have. A Growth rate is, for all intents and purposes, very 10 Q Can you tell us a little bit about that, please? 10 similar, in some cases synonymousto inflation. So when we are 1 A Sure. The article that's probably most relevant for my 11 talking about growth rates, we are talking about how much 12 testimony today is an article that was published in the Journal 12 something increases. So, for example, if we talk about the 13 of Forensic Economics. And spect ally, it is an article that 13 growth rate for wages, we are talking about how much on average 14 talks about how economists calculate or evaluate economic 14 wages go up every year. If we are talking about growth rates 15 damages in matters involving personal injury and wrongful death 15 and prices, then we are really talking about inflation, how much 16 Q So, what is that phrase that you just shared with us, 16 cost and prices increase year over year. 17 forensic economics? 17 Q Did we ask you to perform an economic analysis 18 A Forensic economics refers to the use of economic data, 18 regarding growth rates for various categories of future medical 19 generally accepted economic principles and practices and really 19 ‘expenses in this case? 20 use of the Id of economics for a specific purpose, and that 20 A Yes, you did. 21 specific purpose is to evaluate economic damages in litigated 24 Q Okay. Now, to be clear, you're not here as an expert 22 matters like the one we are here to discuss today. 22 to tell this jury about what actual expenses will be needed, 23 Q Is your work now as a forensic economist? 23 right? 24 A Most of it, yes, about 90 to 95 percent of the work 24 A That's correct, that’s well outside my area of 25 that | am presently doing does involve working with attorneys, 25 expertise. 1513 1515 both plaintiffs’ attorneys and defense attorneysto evaluate the Q Okay. So, for the purposes of your testimony, you're economic damages. relying upon the medical testimony and the testimony that this Q Okay. You have provided testimony as an economic jury heard of Brook Feerick, the certified life care planner. expert for our firm prior to this? Do I have that right? A Yes, | have. A That's correct, yes. Q How many times have you done that? Q Okay. So, how do you go about determining an A | believe twice. appropriate growth rate with respect to the different items or 8 Q Okay. Are you being compensated for your time and your 8 categories of medical expenses? 9 expertise in this matter? 9 A The first thing | had to do was review the life care 10 A Yes, my firm has been compensated for all the work we 10 plan and look at the individual elements and categories of 1 have done in connection with this matter as well as my 11 future care that were provided for in this life care plan. 12 appearance here today. 12 Once | had an understanding of the different categories 13 Q How much? 13 of care, for example, medications, and therapies and so on, | 14 A | would estimate that my firm has received 14 then needed to conduct some economic research and | started by 15 approximately $10,000 in total for the preparation of our 15 examining historical data and very specifically | started by 16 i itial analysis, my preparation for my appearance here today 16 examining something called the Consumer Price Index. 17 and my time he today. 17 And the Consumer Price Index or the CPI in general is 18 Q Okay. So, let me ask you about an economic concept 18 something that people will use again, to talk about how much on 19 that we all hear quite a lot about these days, what is 19 average, how much more expensive everything is getting. 20 inflation? 20 The CPI or Consumer Price Index is actually calculated 21 A Inflation refers to, generally speaking, increase in 24 by the US Department of Labor. The way the US Department of 22 prices and when we talk about the general inflation rate, we are 22 Labor calculates the general price index is they literally take 23 just talking about how much more it costs, for example, a family 23 a basket and fill the basket up with all of the items that the 24 to put food on the table this year than it cost them to do so 24 average person buys on a weekly, monthly basis. So they take 25 last year or how much it costs to fill up our tank of gas so we 25 the basket and fill it up with socks, toothpaste and eggs and 11/16/2023 02:57:38 PM Page 1542 AAR 1591 2 of 37 sheets D Hi OUN /e372023 10:33 AN INDEX NO. 50914/2020 NWSCEF DOC. NO. 360 1516 RECEIVED NYSCEF: 12/29£2023 then they examine how much it would cost to buy that basket of Q So, after you reviewed Ms. Feerick's life care plan and socks, and toothpaste and eggs in 2022, for example, how much it you did the research and analysis that you've described, did you used to cost to buy that same basket in 2012, and then we can actually put together an economic report for us? simply see how much on average the cost of that basket increased A Yes, | did. and we can measure how much cost has gone up. Q Was that dated June 21st of 2022? The US Department of Labor has many different baskets. A Yes, it was. So they have for example a basket for food where they can Q And at that point you were using growth rates based examine very specifically how much more expensive food is now upon the analysis as of 2022, correct? than it was ten years ago. A Yes. 10 They also have various baskets for different types of 10 Q All right. As we have moved forward into 2023, have 1 medical care. They have a basket specifically for medications, 11 the growth rates with respect to some of those items changed at 12 so we can look at specifically how much more medications cost 12 all? 13 now then they used to. 13 A Some of them have, yes. 14 They have a basket they fill up with physician services 14 Q Okay. And have you actually gone and noted and 15 so we can examine how much more it costs to see a doctor now 15 calculated the growth rates now in effect in 2023? 16 than it did ten years ago. 16 A Yes, | did update my growth rates to reflect the fact 17 They have a basket they fill up, for example, facility 17 that | now have economic data available to me now that was not 18 care. So again, we can examine how much more expensive it costs 18 available to me back in 2022. 19 to reside in a facility, a medical facility now than it used to. 19 Q Okay. And you provided those calculations to us, 20 So that was really my starting point, | am looking at 20 correct? 21 all of the different baskets that were related to the categories 24 A Yes, 22 of care that were outlined in the life care plan. 22 Q Okay. 23 That was my first step looking back historically. Even 23 MR. STEIGMAN: Your Honor, I would ask that this 24 though historical data is helpful and gives us some information 24 would be marked as Plaintiffs’ Exhibit 33 for 25 about what the future is going to look like, it is not enough to 25 identification. 1517 1519 just look back and assume for the next 10 or 20 years will look MR. KACHADOORIAN: May I take a look at it? exactly like the last 10 or 20 years. MR. STEIGMAN: Yes. So the second thing | did was also review data that is (Handing) available about projections, about future medical costs, future THE COURT: Mr. Vigorito, do you need a copy? wage growth, future inflation rates. And specifically | MR. VIGORITO: I would like to see a copy. examined projections that are published each year by the Social THE COURT: Do we have additional copies for the Security Administration. other defendants? Mr. Kraus, have you seen it? 8 | also examined projections that are published each 8 MR. KRAUS: I don't think so. 9 year by the Congressional Budget Office and | also examined 9 (Whereupon, economist report is marked as 10 projections published in what is called the Occupation Outlook 10 Plaintiffs’ Exhibit 33 for identification, as of this date.) 1 Handbook. That's a handbook that's published by the US 11 THE COURT: The witness is being shown 33 for 12 Department of Labor and specifically that allowed me to look at 12 identification. 13 projections about the growth and the demand for certain 13 Q Professor Kucsma, do you recognize what we have just 14 categories of care things like, facility care, home health aide 14 marked as Plaintiffs’ Exhibit 33 for identification? 15 care and so on. 15 A Yes, | do. 16 And the last thing | did as an economist was also take 16 Q What is it? 17 into account the economic factors that will continue to push 17 A Thi is a table that includes the yearly increases for 18 prices up going forward. 18 the costs of care provided for the life care plan. 19 The aging population, the increased demand for medical 19 Q Is that something that you provided with the numbers 20 services, all of these things are going to continue to push the 20 based upon the 2022 dollars that Ms. Feerick testified to and 21 costs of medical care up going forward. 24 adding in your growth rates? 22 So once I had reviewed all of that data, | was then 22 A Yes. 23 able to determine on average how much the costs that were 23 Q Okay. With respect to the changes in your report from 24 provided in the life care plan will likely increase each year 24 the 2022 report to the growth rates that you are now listing, 25 over Mr. Lee's life expectancy. 25 some of them stayed exactly the same, right? 3 of 37 sheets. Page 1546 AA 1591 11/16/2023 02:57:38 PM D Hi OUN /e372023 10:33 AN INDEX NO. 50914/2020 NWSCEF DOC. NO. 360 1520 RECEIVED NYSCEF: 12/28,2023 A Yes. MR. STEIGMAN: Oh, okay. Pardon me. I gave her Q For the ones that changed, did you change them up toa the wrong document, then it's this. higher growth rate or to a lower growth rate actually? 1 will ask that this be marked as Plaintiffs’ A The couple of rates that changed actually fell, so they Exhibit 34. are actually lower than they had been when | prepared my initial THE COURT: Show it to the defendants. report in 2022. Mr. Rubinowitz, cover that up for the time being, Q For the sake of accuracy, you pointed that out to us please, it is not yet in evidence, thank you. and that's why we prepared the new numbers, is that right? (Handing.) A That's correct, yes. MR. STEIGMAN: Offering 34 in evidence. 10 Q Okay. So, why don't we do -- with the Court's 10 THE COURT: Any objection to the exhibit, Mr. 1 permission, we will supply this as we are going line by line, 11 Kachadoorian, subject to redaction? 12 the first category is physician services. I want you to 12 MR. KACHADOORIAN: No objection. 13 assume -- 13 THE COURT: Mr. Vigorito, same no objection? 14 THE COURT: I am sorry, that's not in evidence. 14 MR. VIGORITO: No objection. 15 MR. STEIGMAN: Okay. 15 THE COURT: Mr. Kraus, you are still in the middle 16 I will offer the entire document in evidence. 16 ground, I take it? 17 THE COURT: Mr. Kachadoorian? 17 MR. KRAUS: I like the middle ground, yes, no 18 MR. KACHADOORIAN: Subject to redaction, of course. 18 objection. 19 THE COURT: Subject to redaction, okay. 19 THE COURT: Mark it in, Liz, please subject to 20 Again, the jury understands what that means, There 20 redaction. 21 means there may be some information that's not properly 24 MR. STEIGMAN: I apologize for that. 22 before you, we will figure out what that is. 22 (Whereupon, annual cost of lifetime care is marked 23 Mr. Vigorito? 23 as Plaintiffs’ Exhibit 34 in evidence, as of this date.) 24 MR. VIGORITO: No objection, your Honor. 24 THE COURT: We are going to call this annual cost 25 THE COURT: Mr. Kraus? 25 of lifetime care. Is that what we are going to call it? 1521 1523 MR. KRAUS: I join with the co-defendants. Subject MR. STEIGMAN: Yes. to redaction. THE COURT: Very good. THE COURT: I have two different co-defendants, Exhibit 34 in evidence is being displayed to the have one that has no objection and one that wants it jury and the witness. redacted. Q Calling your attention to Exhibit 34 in evidence, 1 Do you want it partially redacted, do you want to want you to assume that Brook Feerick testified in 2022 dollars be in the middle? that the total annual cost of physician care for William Lee is 8 MR. KRAUS: Partially redacted. 8 $5,955. 9 THE COURT: I am sorry, Mr. Kraus, you seem to 9 So what does that mean, that phrase, in 2022 dollars? 10 constantly be the foil for my jokes. 10 A That refers to what it would have cost Mr. Lee to get 1 Mark it into evidence, please. Subject to 11 that care last year in 2022. 12 redaction, Thank you. 12 Q Okay. And we see a 2023 year value on our first row of 13 (Whereupon, Plaintiffs’ Exhibit 33, previously 13 physicians of $6,044. 14 marked for identification is received in evidence, as of 14 Can you explain that for us? 15 this date.) 15 A Yes, the first thing | had to do was take into account 16 THE COURT: We are going to call that Kucsma table 16 that we have had inflation between last year and this year, so 17 of increase decrease, is that okay with everybody? 17 that the cost of obtaining these services, these physician 18 MR. KACHADOORIAN: 1 don't believe it was increase, 18 services will no longer be the roughly $5,009 per year, but will 19 your Honor, I think it was only decrease. 19 be more than that. 20 THE COURT: Sorry, okay, I am reading it from afar. 20 And in fact, taking into account the inflation that has 21 We will call it, Kucsma table, how is that? 24 occurred over the past year, | was able to calculate the annual 22 Mr. Steigman, go ahead. 22 cost of physician services at $6044 currently in 2023. 23 So you are showing her something different than 33? 23 Q And if I ask you an opinion question, I want you to 24 MR. KACHADOORIAN: That seems to be the case. 24 understand I mean if you hold an opinion to a reasonable degree 25 THE WITNESS: This is just the increases. 25 of economic certainly, is it your opinion that based upon 11/16/2023 02:57:38 PM Page 1590 AR 1591 4 of 37 sheets D Hi OUN /e372023 10:33 AN INDEX NO. 50914/2020 NWSCEF DOC. NO. 360 1524 RECEIVED NYSCEF: 12/28£2023 Ms. Feerick’s testimony that the 2023 year valued for physician The testimony you're about to hear will be from is $6044? Professor Kucsma, and she disagrees with the table that I am A Per year, that is correct. going to charge. Q The calculation was as of December 1st, 2023? Tam going to allow this information into evidence A Yes. and you can consider her background, training, experience, Q Okay. The next column says years of care, 33.3 years. et cetera in consideration of what she testifies to and you Can you explain that for us, please? can juxtapose that against the charge that I am going to A Yes, this is based on my review of the National Vital give you at the conclusion, so that you can make your own Stati: ics reports and very specifically, | examined the determination as to what an appropriate life expectancy to 10 National Vital Statistics reports, they are published by the 10 be applied if you indeed do make an award to Mr. Lee. 1 Centers For Disease Control, the US government and | was able to 11 1 think that's reasonably clear. 1 see a lot of 12 examine how much more years a male of Mr. Lee's age will live as 12 heads nodding up and down. 13 of today's date, a male of Mr. Lee's life expectancy would live. 13 MR. STEIGMAN: Thank you. 14 Q Let's clarify, you're talking about a man of Mr. Lee's 14 Q I think I was asking if you were familiar with the life 15 age? 15 expectancy table in the Pattern Jury Instructions? 16 A Yes. 16 A Yes, | am. 17 Q As of December 1st, 2023? 17 Q Are you familiar with the life expectancy listed in 18 A That's correct. 18 that table for a 46 year old male? 19 Q Your opinion is that the average life expectancy is 19 A Yes, | believe it is approximately 30.9 years. 20 reflected there at 33.3 years? 20 Q Okay. Do you have an understanding as to what the 21 A Yes. 24 instructions in the table in the Pattern Jury Instructions, what 22 Q Are you familiar with something called the Pattern Jury 22 that 30.9 figure is based upon? 23 Instructions of New York? 23 A That figure also is based on US government data, the 24 MR. KACHADOORIAN: Objection. 24 same data that | relied upon, but the date that that’s appended 25 THE COURT: As a general proposition, overruled. 25 to the Pattern Jury Instructions is based on life expectancy for 1525 1527 Go ahead. males in 1999, so it's just outdated data. A Yes, | am. My standard practice is to simply consider more Q Okay. Do the Pattern Jury Instructions contain certain up-to-date data that is publicly available and published by the life expectancy tables? US government. MR. KACHADOORIAN: Objection, your Honor, this is So my life expectancy of 33.3 years is not based on how legal. long males were expected to life in 1999, but rather reflects THE COURT: I am sorry, leading? how many years males were expected to live as of 2019. 8 MR. KACHADOORIAN: No, this is a matter for the 8 Q Thank you. With respect -- 9 Court. 9 THE COURT: Let's be clear. This is her opinion, 10 THE COURT: Come over here, please. 10 it is not binding on the jury, it is something for the jury 1 (Whereupon, an off-the-record discussion is held at 11 to consider. 12 the bench.) 12 Q It is your opinion that a 46 year old male in 2023 that 13 THE COURT: The objection is overruled. 13 life expectancy is 33.3 years, is that correct? 14 ‘So the jury is Clear, at the conclusion of the 14 A Yes, based on the most up-to-date data available, 15 trial the Court will be charging you on the law with respect 15 that's correct. 16 to a variety of matters, included amongst those will be what 16 Q Okay. With respect to yearly growth rate for physician 17 we call our Pattern Jury Instructions. 17 services, you wrote 2.75. Could you explain the basis for that? 18 Ihave already explained to you what those were, 18 A Yes, based on all of the information | described 19 that the Pattern Jury Instructions includes these various 19 earlier, the historical data as well as projections of future 20 tables. One of the instructions that you will receive is 20 growth, future medical costs, and also taking into account 21 that you're not bound to those tables, you can apply 24 economic