Preview
FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
x
NICHOLAS JAMES RYAN,
Plaintiff, DEMAND FOR A VERIFIED
BILL OF PARTICULARS
- against -
Index No. 614075/2023
ELIZABETH S. LUSTRIN, M.D., CHRISTOPHER
R. WILKINS, M.D., BHUMIKA BALGOBIN,
M.D., MARLON SELIGER, M.D., AJAY K.
MISRA, M.D., SUCHISMITA DATTA, M.D.,
NYU LANGONE RADIOLOGY ASSOCIATES,
NYU LANGONE AMBULATORY CARE EAST
MEADOW, ADVANCED NEUROLOGICAL
SERVICES OF LONG ISLAND, P.C., NYU
EMERGENCY MEDICINE, NYU LANGONE
HOSPITAL-LONG ISLAND f/k/a NYU
WINTHROP HOSPITAL and NYU LANGONE
HEALTH SYSTEM,
Defendants.
x
Counselor:
PLEASE TAKE NOTICE, that defendant, ELIZABETH S. LUSTRIN, M.D., hereby
demands that plaintiff(s) serve on the undersigned within twenty (20) days from the date of service
hereof, a Verified Bill of Particulars with respect to the following matters concerning the
allegations in the complaint against the above named defendant:
1. State the (a) date and place of birth of plaintiff(s); (b) residence address of the
plaintiff(s) at the time this action was commenced; (c) residence address of the plaintiff(s) at the
time of the alleged negligence; (d) date(s) and place(s) of plaintiff(s) marriage(s); (e) full names
and dates of birth of all children born to plaintiff(s); (f) social security number of plaintiff(s); and
(g) Medicare Health Insurance Claim Number (HICN) of plaintiff(s).
2. Set forth a general statement of the acts or omissions of this defendant that are claimed
to constitute a departure from good and accepted medical practice.
3. Set forth the date(s) of this defendant’s alleged negligence.
4. Set forth:
(a) The dates of first and last services rendered by each defendant;
(b) The place or places where the services were rendered by each defendant.
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5. If plaintiff(s) charges this defendant with a misdiagnosis, identify the alleged
misdiagnosis and set forth the diagnosis claimed to be the proper one.
6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test
or procedure, state the test or diagnostic procedure claimed to have been required and when and
where each test or diagnostic procedure should have been performed.
7. If plaintiff(s) charges this defendant with having failed to administer a particular course
of therapy, state the medicines, treatments and surgical procedures claimed to have been required
and when and where each should have been administered or performed.
8. If plaintiff(s) charges this defendant with having administered contraindicated
medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing
which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure.
9. If plaintiff(s) charges this defendant with negligently having administered a medicine,
treatment, test or surgical procedure, identify each so claimed and set forth the manner in which
the technique employed by this defendant departed from such standards.
10. If any special damages are claimed as a result of the alleged negligence, set forth,
including but not limited to, the following:
(a) The charges for the any and all hospitalizations, separately listing each
hospital bill;
(b) Physicians' charges;
(c) Charges for medicines, itemizing the medicines charged for;
(d) Nursing changes; and,
(e) Specify by category and amount any other special damages claimed.
11. Pursuant to CPLR 4545, identify the party who paid the damages claimed in paragraph
10 above, including the relationship of the plaintiff(s) to that party. If the third party payments
were made as a result of reimbursements through an insurance company, set forth the complete
name and address of the company, the complete name of the person in whose name the policy was
issued, the state the policy was issued, the date of the policy’s inception, the name of the plan and
the policy number.
12. If plaintiff(s) claims that the injuries alleged herein were caused, in whole or in part,
by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify
each and every item so claimed and set forth those facts that support said allegations.
13. Set forth the full names and addresses of each and every person that plaintiff(s) will
claim, at the time of trial, observed this defendant acts of alleged malpractice.
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14. Set forth the full name and addresses of each and every physician from whom the
plaintiff-patient has received medical treatment for any medical, surgical or related condition in
the fifteen (15) years prior to the alleged malpractice with dates of treatment.
15. Set forth the full names and addresses of each and every hospital, institution, facility
or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or
related condition for the fifteen (15) years prior to the alleged malpractice with dates of
confinement or outpatient treatment.
16. Set forth the nature of the condition for which the plaintiff(s) sought and accepted the
medical treatment rendered by this defendant.
17. The nature, location, extent and duration of each injury which, it will be claimed, was
caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify
each so claimed.
18. Set forth the full name and address of each and every subsequent treating physician
from whom medical treatment or consultation was sought by the plaintiff(s) by reason of the
injuries allegedly sustained.
19. Set forth full name and address of each and every physician seen by plaintiff(s) patient
for consultation, physical examination and or medical tests at the direction or referral of legal
counsel. Set forth dates of each such examination or treatment.
20. Set forth each and every condition which plaintiff(s) claim this defendant exacerbated.
21. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of
plaintiff(s), set forth the name and address of each hospital with dates of confinement or outpatient
treatment.
22. If it will be claimed that the aforesaid injuries necessitated treatment at any other
institutions, set forth the name and address of each institution with dates of confinement.
23. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home,
set forth the following:
(a) The dates of confinement to home;
(b) The dates of confinement to bed.
24. If loss of earnings is claimed as a result of the alleged negligence, set forth the
following:
(a) The name and address of claimant's employer at the time of the alleged
negligence;
(b) The capacity in which claimant was employed;
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(c) Claimant's earnings for the year prior to the alleged negligence;
(d) The last date claimant worked prior to the alleged negligence;
(e) The name and address of claimant's present employer; and,
(f) Loss of earnings claimed.
25. If it will be claimed that the aforesaid injuries necessitated any special educational,
emotional, or vocational training or schooling, set forth the name and address of each organization
and the dates.
26. Identify by name, status with the corporate defendant, location within the defendant's
facility and approximate date of hire of each individual whose qualifications plaintiff claims the
defendant failed to investigate.
27. Enumerate, for each person identified above, the qualifications, including but not
limited to, education, professional degrees, licenses and years of professional experience which
plaintiff claims that person should have but did not possess.
28. Enumerate, for each person identified above, by name, date, and place each:
(a) patient grievance
(b) negative health care outcome
(c) incident reflecting injury to patient
(d) malpractice action commenced, including nature of claim and disposition
of lawsuit.
(e) suspension, loss of privilege or termination of privilege at any other
medical facility.
(f) disciplinary proceedings in any State to which plaintiff claims the above
individual was a participant.
29. If plaintiff(s) charges [this defendant] with lack of informed consent, set forth and
describe:
(a) That aspect of [defendant's] treatment which it will be claimed exposed
plaintiffs to material risks sufficient to require disclosure;
(b) Identify each risk or danger of [defendant's] treatment which it will be
claimed should have been, but was not, disclosed by [this defendant];
(c) State in what respect plaintiff(s) will claim [this defendant's] disclosure
was unreasonably inadequate;
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023
(d) State what course of treatment would plaintiff have chosen if [this
defendant] reasonably disclosed the material risks of the treatment
administered;
(e) Set forth what available alternative choices of treatment could have been
administered but were not disclosed and describe each alternative;
(f) Set forth the date on which plaintiff(s) claims [this defendant] should have
obtained an informed consent; and,
(g) Identify by name and corresponding position with [the defendant] each
and every employee or agent of said [defendant] whom plaintiff(s) charges
with having failed to obtain an informed consent.
30. Set forth the full caption of each and every lawsuit brought on plaintiff(s) behalf to
recover damages for any connected or aggravated injuries allegedly caused and sustained by reason
of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including:
(a) Court;
(b) Index Number;
(c) Calendar Number;
(d) Names and addresses of all litigants;
(e) Names and addresses of all attorneys appearing for litigants;
(f) Status of lawsuit:
(i) if noticed for trial, specify the date;
(ii) if settled, annex a copy of each releaser delivered indicating the
amounts contributed by each defendant;
(iii) if discontinued without payment, annex a copy of each stipulation
so delivered to each defendant;
(iv) if tried, annex a copy of the judgment with notice of entry; and,
(v) if judgment was satisfied, set forth date and amount of payment and
annex a copy of satisfaction of judgment.
31. If it is claimed that this defendant violated or departed from the terms of any statutes,
laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or
from which departure is claimed and the specific acts and/or omissions alleged to be the basis for
the claim of violation or departure, including dates, times and places of all such acts and/or
omissions.
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NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023
PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff’s failure to comply
with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant,
ELIZABETH S. LUSTRIN, M.D., will move to preclude the offering of any evidence as to the
matters herein demanded and for costs of such motion.
Dated: New York, New York
October 27, 2023
Yours, etc.
A ndrew I . K aplan
BY: Andrew I. Kaplan, Esq.
Aaronson Rappaport Feinstein & Deutsch, LLP
Attorneys for Defendants
ELIZABETH S. LUSTRIN, M.D.,
CHRISTOPHER WILKINS, M.D., BHUMIKA
BALGOBIN, M.D., MARLON SELIGER, M.D.,
AJAY K. MISRA, M.D., SUCHISMITA DATTA,
M.D., and NYU LANGONE HOSPITALS s/h/a
NYU LANGONE HOSPITAL LONG ISLAND
f/k/a NYU WINTHROP HOSPITAL
Office & P.O. Address
600 Third Avenue
New York, NY 10016
(212) 593-6798
aikaplan@arfdlaw.com
To: Siegel & Coonerty, LLP
Attorneys for Plaintiff
419 Park Avenue South, Suite 700
New York, NY 10016
(212) 532-0532
Attn: Andrew W. Siegel, Esq.
andy@mytrialguys.com
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Preview
FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU x NICHOLAS JAMES RYAN, Plaintiff, DEMAND FOR A VERIFIED BILL OF PARTICULARS - against - Index No. 614075/2023 ELIZABETH S. LUSTRIN, M.D., CHRISTOPHER R. WILKINS, M.D., BHUMIKA BALGOBIN, M.D., MARLON SELIGER, M.D., AJAY K. MISRA, M.D., SUCHISMITA DATTA, M.D., NYU LANGONE RADIOLOGY ASSOCIATES, NYU LANGONE AMBULATORY CARE EAST MEADOW, ADVANCED NEUROLOGICAL SERVICES OF LONG ISLAND, P.C., NYU EMERGENCY MEDICINE, NYU LANGONE HOSPITAL-LONG ISLAND f/k/a NYU WINTHROP HOSPITAL and NYU LANGONE HEALTH SYSTEM, Defendants. x Counselor: PLEASE TAKE NOTICE, that defendant, ELIZABETH S. LUSTRIN, M.D., hereby demands that plaintiff(s) serve on the undersigned within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters concerning the allegations in the complaint against the above named defendant: 1. State the (a) date and place of birth of plaintiff(s); (b) residence address of the plaintiff(s) at the time this action was commenced; (c) residence address of the plaintiff(s) at the time of the alleged negligence; (d) date(s) and place(s) of plaintiff(s) marriage(s); (e) full names and dates of birth of all children born to plaintiff(s); (f) social security number of plaintiff(s); and (g) Medicare Health Insurance Claim Number (HICN) of plaintiff(s). 2. Set forth a general statement of the acts or omissions of this defendant that are claimed to constitute a departure from good and accepted medical practice. 3. Set forth the date(s) of this defendant’s alleged negligence. 4. Set forth: (a) The dates of first and last services rendered by each defendant; (b) The place or places where the services were rendered by each defendant. 1 of 6 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023 5. If plaintiff(s) charges this defendant with a misdiagnosis, identify the alleged misdiagnosis and set forth the diagnosis claimed to be the proper one. 6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test or procedure, state the test or diagnostic procedure claimed to have been required and when and where each test or diagnostic procedure should have been performed. 7. If plaintiff(s) charges this defendant with having failed to administer a particular course of therapy, state the medicines, treatments and surgical procedures claimed to have been required and when and where each should have been administered or performed. 8. If plaintiff(s) charges this defendant with having administered contraindicated medicines, treatments, tests and/or surgical procedures, identify each and the conditions existing which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure. 9. If plaintiff(s) charges this defendant with negligently having administered a medicine, treatment, test or surgical procedure, identify each so claimed and set forth the manner in which the technique employed by this defendant departed from such standards. 10. If any special damages are claimed as a result of the alleged negligence, set forth, including but not limited to, the following: (a) The charges for the any and all hospitalizations, separately listing each hospital bill; (b) Physicians' charges; (c) Charges for medicines, itemizing the medicines charged for; (d) Nursing changes; and, (e) Specify by category and amount any other special damages claimed. 11. Pursuant to CPLR 4545, identify the party who paid the damages claimed in paragraph 10 above, including the relationship of the plaintiff(s) to that party. If the third party payments were made as a result of reimbursements through an insurance company, set forth the complete name and address of the company, the complete name of the person in whose name the policy was issued, the state the policy was issued, the date of the policy’s inception, the name of the plan and the policy number. 12. If plaintiff(s) claims that the injuries alleged herein were caused, in whole or in part, by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify each and every item so claimed and set forth those facts that support said allegations. 13. Set forth the full names and addresses of each and every person that plaintiff(s) will claim, at the time of trial, observed this defendant acts of alleged malpractice. -2- 2 of 6 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023 14. Set forth the full name and addresses of each and every physician from whom the plaintiff-patient has received medical treatment for any medical, surgical or related condition in the fifteen (15) years prior to the alleged malpractice with dates of treatment. 15. Set forth the full names and addresses of each and every hospital, institution, facility or clinic in which the plaintiff-patient received treatment with respect to any medical, surgical or related condition for the fifteen (15) years prior to the alleged malpractice with dates of confinement or outpatient treatment. 16. Set forth the nature of the condition for which the plaintiff(s) sought and accepted the medical treatment rendered by this defendant. 17. The nature, location, extent and duration of each injury which, it will be claimed, was caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify each so claimed. 18. Set forth the full name and address of each and every subsequent treating physician from whom medical treatment or consultation was sought by the plaintiff(s) by reason of the injuries allegedly sustained. 19. Set forth full name and address of each and every physician seen by plaintiff(s) patient for consultation, physical examination and or medical tests at the direction or referral of legal counsel. Set forth dates of each such examination or treatment. 20. Set forth each and every condition which plaintiff(s) claim this defendant exacerbated. 21. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of plaintiff(s), set forth the name and address of each hospital with dates of confinement or outpatient treatment. 22. If it will be claimed that the aforesaid injuries necessitated treatment at any other institutions, set forth the name and address of each institution with dates of confinement. 23. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: (a) The dates of confinement to home; (b) The dates of confinement to bed. 24. If loss of earnings is claimed as a result of the alleged negligence, set forth the following: (a) The name and address of claimant's employer at the time of the alleged negligence; (b) The capacity in which claimant was employed; -3- 3 of 6 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023 (c) Claimant's earnings for the year prior to the alleged negligence; (d) The last date claimant worked prior to the alleged negligence; (e) The name and address of claimant's present employer; and, (f) Loss of earnings claimed. 25. If it will be claimed that the aforesaid injuries necessitated any special educational, emotional, or vocational training or schooling, set forth the name and address of each organization and the dates. 26. Identify by name, status with the corporate defendant, location within the defendant's facility and approximate date of hire of each individual whose qualifications plaintiff claims the defendant failed to investigate. 27. Enumerate, for each person identified above, the qualifications, including but not limited to, education, professional degrees, licenses and years of professional experience which plaintiff claims that person should have but did not possess. 28. Enumerate, for each person identified above, by name, date, and place each: (a) patient grievance (b) negative health care outcome (c) incident reflecting injury to patient (d) malpractice action commenced, including nature of claim and disposition of lawsuit. (e) suspension, loss of privilege or termination of privilege at any other medical facility. (f) disciplinary proceedings in any State to which plaintiff claims the above individual was a participant. 29. If plaintiff(s) charges [this defendant] with lack of informed consent, set forth and describe: (a) That aspect of [defendant's] treatment which it will be claimed exposed plaintiffs to material risks sufficient to require disclosure; (b) Identify each risk or danger of [defendant's] treatment which it will be claimed should have been, but was not, disclosed by [this defendant]; (c) State in what respect plaintiff(s) will claim [this defendant's] disclosure was unreasonably inadequate; -4- 4 of 6 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023 (d) State what course of treatment would plaintiff have chosen if [this defendant] reasonably disclosed the material risks of the treatment administered; (e) Set forth what available alternative choices of treatment could have been administered but were not disclosed and describe each alternative; (f) Set forth the date on which plaintiff(s) claims [this defendant] should have obtained an informed consent; and, (g) Identify by name and corresponding position with [the defendant] each and every employee or agent of said [defendant] whom plaintiff(s) charges with having failed to obtain an informed consent. 30. Set forth the full caption of each and every lawsuit brought on plaintiff(s) behalf to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including: (a) Court; (b) Index Number; (c) Calendar Number; (d) Names and addresses of all litigants; (e) Names and addresses of all attorneys appearing for litigants; (f) Status of lawsuit: (i) if noticed for trial, specify the date; (ii) if settled, annex a copy of each releaser delivered indicating the amounts contributed by each defendant; (iii) if discontinued without payment, annex a copy of each stipulation so delivered to each defendant; (iv) if tried, annex a copy of the judgment with notice of entry; and, (v) if judgment was satisfied, set forth date and amount of payment and annex a copy of satisfaction of judgment. 31. If it is claimed that this defendant violated or departed from the terms of any statutes, laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or from which departure is claimed and the specific acts and/or omissions alleged to be the basis for the claim of violation or departure, including dates, times and places of all such acts and/or omissions. -5- 5 of 6 FILED: NASSAU COUNTY CLERK 11/01/2023 04:26 PM INDEX NO. 614075/2023 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 11/01/2023 PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff’s failure to comply with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant, ELIZABETH S. LUSTRIN, M.D., will move to preclude the offering of any evidence as to the matters herein demanded and for costs of such motion. Dated: New York, New York October 27, 2023 Yours, etc. A ndrew I . K aplan BY: Andrew I. Kaplan, Esq. Aaronson Rappaport Feinstein & Deutsch, LLP Attorneys for Defendants ELIZABETH S. LUSTRIN, M.D., CHRISTOPHER WILKINS, M.D., BHUMIKA BALGOBIN, M.D., MARLON SELIGER, M.D., AJAY K. MISRA, M.D., SUCHISMITA DATTA, M.D., and NYU LANGONE HOSPITALS s/h/a NYU LANGONE HOSPITAL LONG ISLAND f/k/a NYU WINTHROP HOSPITAL Office & P.O. Address 600 Third Avenue New York, NY 10016 (212) 593-6798 aikaplan@arfdlaw.com To: Siegel & Coonerty, LLP Attorneys for Plaintiff 419 Park Avenue South, Suite 700 New York, NY 10016 (212) 532-0532 Attn: Andrew W. Siegel, Esq. andy@mytrialguys.com -6- 6 of 6