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 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080 26
COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
OF THE TRIAL COURT
MIDDLESEX, ss. CIVIL ACTION NO. 2381CV00080
MICHAEL PIMENTEL, PERSONAL
REPRESENTATIVE OF THE ESTATE
OF ROBERT PIMENTEL,
Plaintiff,
Vv.
RECEIVED
MUKTI PATEL, MD, HASSAN EL,
BAKKAR, MD, SMITA CHAUDHARI,
MD, ROY SHEN, MD, KERRY
KEATING, NP-C, ALLEN HWANG, MD,
MICHAEL HUANG, MD, FRANKLIN 03/14/23
MARINELLI, MD, WIN TRAVASSOS,
MD, NITIN AGGARWAL, MD, DHS
GASTRO MSO, PC, DIGESTIVE
HEALTH SPECIALISTS, LLC,
INTEGRATED GASTROENTEROLOGY
CONSULTANTS, PC, PRECISION
SURGICAL SPECIALISTS OF LOWELL,
PC, and NORTHEAST ENDOSCOPY
CENTER, LLC,
Defendants.
DEFENDANT’S, MUKTI PATEL, M.D., ANSWER TO PLAINTIFF’S COMPLAINT
The Defendant, Mukti Patel, M.D., (“Defendant”), responds to the allegations contained in
the Plaintiff's Complaint, paragraph by paragraph, as follows:
COUNT I
1 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
JB
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
2 The Defendant admits that she was a physician licensed to practice medicine in the
Commonwealth of Massachusetts in January 2020.
3 The Defendant admits that she was a physician licensed to practice medicine in the
Commonwealth of Massachusetts in January 2020. To the extent this paragraph is intended to
make further allegations against this Defendant, they are denied.
4 The Defendant denies the allegations in this paragraph.
5 The Defendant denies the allegations in this paragraph.
6. The Defendant denies the allegations in this paragraph and all subparagraphs
therein.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
COUNT I
1 The Defendant repeats and reavers each and every response to the allegations
contained above as if fully expressed herein.
2 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
3 The Defendant denies the allegations in this paragraph.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT Il
1 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
2 The Defendant admits that she was a physician licensed to practice medicine in the
Commonwealth of Massachusetts in January 2020.
3 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
4 The Defendant admits that she was a physician licensed to practice medicine in
the Commonwealth of Massachusetts in January 2020.
5 The Defendant denies the allegations in this paragraph.
6. The Defendant denies the allegations in this paragraph.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
COUNT IV
1 The Defendant repeats and reavers each and every response to the allegations
contained above as if fully expressed herein.
2 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
3 The Defendant denies the allegations in this paragraph.
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
COUNT V
1 The Defendant repeats and reavers each and every response to the allegations
contained above as if fully expressed herein.
2 The Defendant denies the allegations in this paragraph.
3 The Defendant denies the allegations in this paragraph
4 The Defendant denies the allegations in this paragraph.
5 The Defendant denies the allegations in this paragraph
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
COUNT VI
1 The Defendant repeats and reavers each and every response to the allegations
contained above as if fully expressed herein.
2 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
3 The Defendant denies the allegations in this paragraph.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
COUNT VIL
1 The Defendant repeats and reavers each and every response to the allegations
contained above as if fully expressed herein.
2 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
3 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
4 The Defendant denies the allegations in this paragraph.
5 The Defendant denies the allegations in this paragraph.
6. The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
7
The Defendant denies the allegations in this paragraph.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
COUNT Vill
1 The Defendant repeats and reavers each and every response to the allegations
contained above as if fully expressed herein.
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
2 The Defendant makes no response to this paragraph as it is a legal conclusion and
does not make any allegation against the Defendant. To the extent this paragraph is intended to
make allegations against this Defendant, they are denied.
3 The Defendant denies the allegations in this paragraph.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
COUNTS IX - CXX
The Defendant, Mukti Patel, M.D., does not respond to the allegations in Count LX through
Count CXX of the Plaintiff's Complaint as the allegations contained therein do not pertain to this
Defendant. To the extent that these counts may be construed as alleging any liability on behalf of
this Defendant, such allegations are denied.
WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount
and demands that the Complaint be dismissed and judgment be entered in favor of the Defendant
for the costs and disbursements of this action.
FIRST AFFIRMATIVE DEFENSE
The Defendant says that if the Plaintiff suffered injuries or damage, as alleged, such injuries
or damage were caused by someone for whose conduct the Defendant was not and is not legally
responsible.
SECOND AFFIRMATIVE DEFENSE
The Defendant says that the amount of recovery for alleged conscious pain and suffering,
if any, is limited to $500,000 by the previsions set forth in M.G.L. c. 231, §60H.
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
THIRD AFFIRMATIVE DEFENSE
The Defendant says that the Plaintiff's recovery for the past and future medical expenses
is limited pursuant to provisions of M.G.L. c. 231, §60G.
FOURTH AFFIRMATIVE DEFENSE
The Defendant says that the Plaintiff has failed to comply with the conditions precedent to
the bringing of this action, as required by M.G.L. c. 231, §60L.
FIFTH AFFIRMATIVE DEFENSE
The Defendant says the Plaintiffs claims are barred in whole or in part under
Massachusetts Comparative Negligence Law.
SIXTH AFFIRMATIVE DEFENSE
The Defendant says the Plaintiff has failed to mitigate his damages.
Ss NTH AFFIRMATIVE DEFENSE
The Defendant says that even if the Defendant was negligent, which she expressly denies,
this negligence was not the proximate cause of Plaintiffs alleged injuries and damages, but said
injuries and damages were the result of an intervening and superseding cause over which the
Defendant had no control.
EIGHTH AFFIRMATIVE DEFENSE
The Defendant says that the Plaintiff's claims are barred in whole or in part by the
applicable statute of limitations.
NINTH AFFIRMATIVE DEFENSE
The Defendant says that the Plaintiffs claims are barred in whole or in part by the statute
of repose, M.G.L. c. 231, §60D.
Date Filed 3/14/2023 1:31 PM
Superior Court - Middlesex
Docket Number 2381CV00080
TENTH AFFIRMATIVE DEFENSE
The Defendant says that service was improper, insufficient, and ineffectual under MA R.
Civ. P. 4.
JURY CLAIM
The Defendant demands a trial by jury as to all issues to which she is entitled as a matter
of right.
The Defendant,
MUKTI PATEL, MD
By Her Attorneys,
CERTIFICATE OF SERVICE
(sf Andrew i. Schweiger
Thereby certify that a true copy of the
above document was served upon the James A. Bello, BBO# 633550
attorney of record for each party by jbello@morrisonmahoney.con
email and Odyssey File & Serve on Andrew H. Schweiger, BBO# 707713
the 14" day of March, 2023. schweiger@morrisonmahoney.com
MORRISON MAHONEY LLP
(of Andrew H. Schweiger 250 Summer Street
Boston, MA 02210-1181
James A. Bello/Andrew H. Schweiger Phone: 617-439-7500
Fax: 617-342-4968
Preview
Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 26 COMMONWEALTH OF MASSACHUSETTS SUPERIOR COURT DEPARTMENT OF THE TRIAL COURT MIDDLESEX, ss. CIVIL ACTION NO. 2381CV00080 MICHAEL PIMENTEL, PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT PIMENTEL, Plaintiff, Vv. RECEIVED MUKTI PATEL, MD, HASSAN EL, BAKKAR, MD, SMITA CHAUDHARI, MD, ROY SHEN, MD, KERRY KEATING, NP-C, ALLEN HWANG, MD, MICHAEL HUANG, MD, FRANKLIN 03/14/23 MARINELLI, MD, WIN TRAVASSOS, MD, NITIN AGGARWAL, MD, DHS GASTRO MSO, PC, DIGESTIVE HEALTH SPECIALISTS, LLC, INTEGRATED GASTROENTEROLOGY CONSULTANTS, PC, PRECISION SURGICAL SPECIALISTS OF LOWELL, PC, and NORTHEAST ENDOSCOPY CENTER, LLC, Defendants. DEFENDANT’S, MUKTI PATEL, M.D., ANSWER TO PLAINTIFF’S COMPLAINT The Defendant, Mukti Patel, M.D., (“Defendant”), responds to the allegations contained in the Plaintiff's Complaint, paragraph by paragraph, as follows: COUNT I 1 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. JB Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 2 The Defendant admits that she was a physician licensed to practice medicine in the Commonwealth of Massachusetts in January 2020. 3 The Defendant admits that she was a physician licensed to practice medicine in the Commonwealth of Massachusetts in January 2020. To the extent this paragraph is intended to make further allegations against this Defendant, they are denied. 4 The Defendant denies the allegations in this paragraph. 5 The Defendant denies the allegations in this paragraph. 6. The Defendant denies the allegations in this paragraph and all subparagraphs therein. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. COUNT I 1 The Defendant repeats and reavers each and every response to the allegations contained above as if fully expressed herein. 2 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 3 The Defendant denies the allegations in this paragraph. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 COUNT Il 1 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 2 The Defendant admits that she was a physician licensed to practice medicine in the Commonwealth of Massachusetts in January 2020. 3 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 4 The Defendant admits that she was a physician licensed to practice medicine in the Commonwealth of Massachusetts in January 2020. 5 The Defendant denies the allegations in this paragraph. 6. The Defendant denies the allegations in this paragraph. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. COUNT IV 1 The Defendant repeats and reavers each and every response to the allegations contained above as if fully expressed herein. 2 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 3 The Defendant denies the allegations in this paragraph. Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. COUNT V 1 The Defendant repeats and reavers each and every response to the allegations contained above as if fully expressed herein. 2 The Defendant denies the allegations in this paragraph. 3 The Defendant denies the allegations in this paragraph 4 The Defendant denies the allegations in this paragraph. 5 The Defendant denies the allegations in this paragraph WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. COUNT VI 1 The Defendant repeats and reavers each and every response to the allegations contained above as if fully expressed herein. 2 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 3 The Defendant denies the allegations in this paragraph. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 COUNT VIL 1 The Defendant repeats and reavers each and every response to the allegations contained above as if fully expressed herein. 2 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 3 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 4 The Defendant denies the allegations in this paragraph. 5 The Defendant denies the allegations in this paragraph. 6. The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 7 The Defendant denies the allegations in this paragraph. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. COUNT Vill 1 The Defendant repeats and reavers each and every response to the allegations contained above as if fully expressed herein. Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 2 The Defendant makes no response to this paragraph as it is a legal conclusion and does not make any allegation against the Defendant. To the extent this paragraph is intended to make allegations against this Defendant, they are denied. 3 The Defendant denies the allegations in this paragraph. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed, and judgment be entered in favor of the Defendant for the costs and disbursements of this action. COUNTS IX - CXX The Defendant, Mukti Patel, M.D., does not respond to the allegations in Count LX through Count CXX of the Plaintiff's Complaint as the allegations contained therein do not pertain to this Defendant. To the extent that these counts may be construed as alleging any liability on behalf of this Defendant, such allegations are denied. WHEREFORE, the Defendant denies that the Plaintiff is entitled to recover in any amount and demands that the Complaint be dismissed and judgment be entered in favor of the Defendant for the costs and disbursements of this action. FIRST AFFIRMATIVE DEFENSE The Defendant says that if the Plaintiff suffered injuries or damage, as alleged, such injuries or damage were caused by someone for whose conduct the Defendant was not and is not legally responsible. SECOND AFFIRMATIVE DEFENSE The Defendant says that the amount of recovery for alleged conscious pain and suffering, if any, is limited to $500,000 by the previsions set forth in M.G.L. c. 231, §60H. Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 THIRD AFFIRMATIVE DEFENSE The Defendant says that the Plaintiff's recovery for the past and future medical expenses is limited pursuant to provisions of M.G.L. c. 231, §60G. FOURTH AFFIRMATIVE DEFENSE The Defendant says that the Plaintiff has failed to comply with the conditions precedent to the bringing of this action, as required by M.G.L. c. 231, §60L. FIFTH AFFIRMATIVE DEFENSE The Defendant says the Plaintiffs claims are barred in whole or in part under Massachusetts Comparative Negligence Law. SIXTH AFFIRMATIVE DEFENSE The Defendant says the Plaintiff has failed to mitigate his damages. Ss NTH AFFIRMATIVE DEFENSE The Defendant says that even if the Defendant was negligent, which she expressly denies, this negligence was not the proximate cause of Plaintiffs alleged injuries and damages, but said injuries and damages were the result of an intervening and superseding cause over which the Defendant had no control. EIGHTH AFFIRMATIVE DEFENSE The Defendant says that the Plaintiff's claims are barred in whole or in part by the applicable statute of limitations. NINTH AFFIRMATIVE DEFENSE The Defendant says that the Plaintiffs claims are barred in whole or in part by the statute of repose, M.G.L. c. 231, §60D. Date Filed 3/14/2023 1:31 PM Superior Court - Middlesex Docket Number 2381CV00080 TENTH AFFIRMATIVE DEFENSE The Defendant says that service was improper, insufficient, and ineffectual under MA R. Civ. P. 4. JURY CLAIM The Defendant demands a trial by jury as to all issues to which she is entitled as a matter of right. The Defendant, MUKTI PATEL, MD By Her Attorneys, CERTIFICATE OF SERVICE (sf Andrew i. Schweiger Thereby certify that a true copy of the above document was served upon the James A. Bello, BBO# 633550 attorney of record for each party by jbello@morrisonmahoney.con email and Odyssey File & Serve on Andrew H. Schweiger, BBO# 707713 the 14" day of March, 2023. schweiger@morrisonmahoney.com MORRISON MAHONEY LLP (of Andrew H. Schweiger 250 Summer Street Boston, MA 02210-1181 James A. Bello/Andrew H. Schweiger Phone: 617-439-7500 Fax: 617-342-4968