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MID-L-001530-24 03/07/2024 12:52:58 PM Pg 1 of 22 Trans ID: LCV2024601965
JONATHAN H. LOMURRO, ESQ. LLM
NJ ATTORNEY ID: 003742005
Lomurro Munson, LLC
Monmouth Executive Center
4 Paragon Way, Suite 100
Freehold, New Jersey 07728
(732) 414-0300
Attorneys for Plaintiff
Lisa Buro SUPERIOR COURT OF NEW JERSEY
LAW DIVISION: MIDDLESEX COUNTY
DOCKET NO.: MID-L-
Plaintiff,
vs.
CIVIL ACTION
Hackensack Meridian Health, Inc.,
HMH Hospitals Corporation d/b/a
COMPLAINT WITH JURY DEMAND,
Jersey Shore University Medical Center; AFFIDAVIT OF MERIT, DEMAND FOR
Hackensack Meridian Health Medical DISCOVERY RESPONSES, DEMAND
Group,-Specialty Care, P.C.- d/b/a FOR TRANSCRIPTION AND
Healthy Woman OB/GYN; Stephanie DESIGNATION OF TRIAL COUNSEL
Scianni, DO; Kimberly Kase, RN;
Brigitte Phillips, RN; John and/or Jane
Does 1-5; Manny Moes 1-5; Sam Soes
1-5; ABC Companies 1-5; ABC
Companies 6-10; (fictitious names
representing an individual or
individuals, corporation, partnership
and/or association and was a doctor,
intern, resident nurse and/or other
care specialist involved in the treatment
and/or care of Lisa Buro),
Defendants.
Plaintiff, Lisa Buro, resides at 3014 Arthur St. Wall, NJ 07719, by way of
Complaint against the Defendants, says:
JURISDICTION
1. Pursuant to R. 4:3-2(a), venue shall be laid by the Plaintiff where the action
arose, where any party resides at the time of the commencement of the
proceeding, or in which the summons was served on a nonresident defendant.
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2. Pursuant to R. 4:3-2(b), a business entity shall be deemed to reside in the
county in which its registered office is located or in any county in which it is
actually doing business.
3. HMH Hospitals Corp. d/b/a Jersey Shore University Medical Center and
Hackensack Meridian Health, Inc. have their registered offices and headquarters
at 343 Thornall St, Edison, NJ 08837
4. Hackensack Meridian Health Medical Group,-Specialty Care, P.C.- d/b/a
Healthy Woman OB/GYN has their registered offices and headquarters at 343
Thornall St, Edison, NJ 08837.
5. HMH Hospitals Corp. d/b/a Jersey Shore University Medical Center (“the
Corporation”) and Hackensack Meridian Health, Inc. (“the Inc.”), and
Hackensack Meridian Health Medical Group,-Specialty Care, P.C.- d/b/a
Healthy Woman OB/GYN also d/b/a HMH – Obstetrics and Gynecology (“the
Group”) have their legal offices, access to all medical records, and access to all
policies and procedures at the offices at 343 Thornall St, Edison, NJ 08837.
6. The Corporation, the Inc., and the Group have their registered agent
located at 343 Thornall St, Edison, NJ 08837.
FACTUAL OVERVIEW
7. Plaintiff Lisa Buro (“Lisa”) became pregnant and scheduled an induction
of labor with her OB/GYN to occur at the Corporation’s Jersey Shore University
Medical Center on March 16, 2022.
8. Lisa presented to the Corporation’s Jersey Shore University Medical Center
on March 16, 2022 for induction of labor.
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9. Suzanne Frasca, DO wrote, in her Healthy Woman Labor Progress Note
timed at 5:30PM on March 17, 2022, Lisa was 5-6cm dilated/70%.
10. At 6:47PM on March 17, 2022, Lisa signed a consent form for epidural
anesthesia.
11. Per the progress note authored by Suzanne Frasca, DO at 4:30AM on
March 18, 2022, Lisa was 9cm dilated.
12. Lisa became fully dilated at or around 9:05AM.
13. Per the progress note of Stephanie Scianni at 9:23AM on March 18, 2022,
Lisa was 10cm dilated.
14. Lisa pushed from 11:30AM to 1:30PM with no results.
15. She remained at 10cm dilated.
16. Dr. Scianni made the decision to “labor down” after Lisa pushed from
11:30AM to 1:30PM.
17. Lisa restarted pushing again from 3:55PM to 5:35PM.
18. Per, Dr. Scianni’s progress note signed at 1:47AM on March 19, 2022, Lisa
pushed for 3 hours and 45minutes with no descent.
19. At 7:11PM on March 18, 2022, Lisa signed a consent to undergo a C-
Section.
20. At or around 8:53PM on March 18, 2022, per the Delivery Summary
Progress Note, Lisa delivered a baby girl.
21. Per Dr. Scianni’s operative report, Lisa was fully dilated for over 10 hours.
22. Kimberly Kase, RN was Lisa’s nurse for times during the day on March 18,
2022.
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23. Brigitte Phillips, RN was Lisa’s nurse during the night shift (after 7pm) on
March 18, 2022.
24. Lisa then experienced a left foot drop that was recorded in her notes on
March 19, 2022 at 1:23PM.
25. Dr. Kristen Aland suspected a nerve injury secondary to “~4h pushing with
epidural.”
26. Lisa received follow-up treatment and physical therapy during her
admission at the Corporation’s Jersey Shore University Medical Center.
27. Lisa was discharged from the Corporation’s Jersey Shore University
Medical Center on March 21, 2022 with a left foot drop as a result of her
hospitalization for induction of labor.
28. Lisa still suffers from a left foot drop.
29. Dr. Stephanie Scianni became licensed to practice medicine in 2020.
30. At all material times, Dr. Stephanie Scianni, was a physician licensed to
practice medicine in the State of New Jersey.
31. Dr. Stephanie Scianni obtained her board certification in Obstetrics &
Gynecology in 2022.
32. At all times, Defendants Kase and Phillips were nurses.
33. Defendants Scianni, Kase, and Phillips at all material times were agents,
servants, and/or employees of the Corporation, the Inc., and/or the Group.
FIRST COUNT
(Negligence Individuals)
34. Plaintiff repeats and re-alleges the allegations contained above and makes
them a part of the same hereof as though fully set forth at length herein.
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35. At all relevant times, Lisa was a patient of Defendants Scianni, Kase, and
Phillips.
36. At all relevant times, Defendants Scianni, Kase, and Phillips had the duty
to provide medical treatment, care, oversight, supervision, and skill ordinarily
utilized by medical and healthcare providers engaged in the practice of medicine
and healthcare.
37. Defendants Scianni, Kase, and Phillips failed to exercise the degree of care
and skill required of them in their treatment of Lisa; including but not limited to
violating the appropriate standards of care and were otherwise negligent, grossly
negligent, careless and/or deviated from generally accepted medical standards
in their treatment of Lisa.
38. Defendants Scianni, Kase, and Phillips negligently breached the standard
of care in their care and treatment of Lisa.
39. As a direct and proximate result of such negligence and breach of the
standard of care as demonstrated by defendants, Lisa sustained severe, painful
bodily injuries, suffering, and loss of enjoyment of life which limit her abilities
and enjoyment of life.
WHEREFORE, Plaintiff, Lisa Buro, demands judgment against the
Defendants Scianni, Kase, and Phillips for damages, interests, attorneys’ fees,
and costs of suit.
SECOND COUNT
(Entity Negligence & Vicarious Liability)
40. Plaintiff repeats and re-allege the allegations contained above and makes
them a part of the same hereof as though fully set forth at length herein.
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41. At all relevant times, Defendants the Corporation, the Inc., and the Group
are medical institutions that provide care to patients and were engaged in the
practice of medicine and healthcare.
42. At all times relevant, Lisa was a patient of defendants the Corporation, the
Inc., and/or the Group.
43. Defendants the Corporation, the Inc., and the Group, by and through its
their agents, servants, and employees, had a duty to exercise a degree of care
and skill in the treatment of plaintiff which was in accordance with the general
accepted standards of care in its treatment of Lisa.
44. Defendants the Corporation, the Inc., and the Group, their agents,
servants and/or employees, through gross negligence, negligence, and
carelessness, failed to exercise the care and skill required in their treatment of
Lisa.
45. As a result of the wrongful conduct of Defendants the Corporation, the
Inc., and the Group, Lisa sustained severe, painful bodily injuries which limit
her abilities and enjoyment of life.
WHEREFORE, Plaintiff demands entry of judgment against the
defendants, the Corporation, the Inc., and the Group, for damages, interest,
attorneys' fees and costs of suit.
THIRD COUNT
(Fictitious Defendants)
46. Plaintiffs repeat and re-allege each allegation contained above and makes
them a part hereof as if the same were set forth at length herein.
47. John and Jane Does 1-5 are currently unknown employees, physicians,
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assistants, nurses, technicians, or other medical provider; Manny Moes 1-5 are
currently unknown individuals that were present at the time of the malpractice;
Sam Soes 1-5 are currently unknown manufacturers whose negligence resulted
in Lisa’s injuries; ABC Companies 1-5 are currently unknown maintenance
companies whose negligence resulted in Lisa’s injuries; ABC Companies 6-10 are
currently unknown companies whose negligence and/or vicarious liability
resulted in Lisa’s injuries.
48. As a result of the wrongful conduct of the currently unknown defendants
as aforesaid, Lisa sustained severe, painful bodily injuries which limit her
abilities and enjoyment of life.
WHEREFORE, Plaintiff demands judgment against the defendants, John
Does 1-5; Manny Moes 1-5; Sam Soes 1-5; ABC Companies 1-5; and ABC
Companies 6-10, for damages, interest, attorney fees, and costs of suit.
JURY DEMAND
The plaintiff herein demands trial by jury as to all issues.
DESIGNATION OF TRIAL COUNSEL
Jonathan H. Lomurro, Esq., is hereby designated as trial counsel for the
plaintiff in the within matter.
NOTICE OF OTHER ACTIONS
Pursuant to R. 4:5-1, please be advised that this matter in controversy is
not the subject matter of a court action nor arbitration.
NOTICE TO VIEW OFFICES AND FILES
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Pursuant to R. 4:18-1, Plaintiffs hereby demand that Plaintiffs’ legal
representatives be permitted access to Plaintiff Lisa Buro’s original electronic
personal health information, with metadata intact, in its original form, contained
by HMH Hospitals Corporation d/b/a Jersey Shore University Medical Center;
Hackensack Meridian Health, Inc.; Hackensack Meridian Health Medical Group
d/b/a Healthy Woman OB/GYN within thirty days of service of this Complaint
for the purpose of inspecting and/or recording his original medical records,
electronic protected health information, and the facilities’ policies and
procedures.
DEMAND FOR ACCESS TO PROTECTED HEALTH INFORMATION
Pursuant to 45 CFR §164.524, Plaintiff hereby demands access, within
30 days of the service of this request, to inspect and obtain copies of Lisa’s
protected health information. This information includes all items maintained
in the designated record set, including but not limited to billing records,
medical records, medical imaging, audit logs, correspondence, alerts,
documents relating to payment and claims adjudication, and any other
document used, in whole or part, by defendant(s) to make decisions about
Plaintiff(s).
DEMAND FOR ACCOUNTING OF DISCLOSURES
Pursuant to 45 CFR §164.528, Plaintiff hereby demands, within 60 days
of receipt of the service of this Complaint, an accounting of all disclosures of
Lisa’s protected health information for the years 2021, 2022, 2023, and 2024.
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DEMAND FOR PLEADINGS
Pursuant to R. 1:5-1(A) & R. 4:17-4(c), please take notice that Plaintiff
hereby demands that each party herein serving pleadings and interrogatories
and receiving answers thereto serve copies of all such pleadings, answering
pleadings, answered subpoenas, answered interrogatories, and answered notices
to produce from any party upon the undersigned attorney, and further take
notice that this, as all discovery demands, is a continuing demand.
AFFIDAVIT OF MERIT
See attached Affidavit of Merit and CV from John Dougherty, MD. He is
Board Certified in OB/GYN. Pursuant to R. 4:5B-4, you are required to serve
the court and Plaintiff with any specific written objections to the Affidavit of Merit
no less than 15 days before the initial Professional Malpractice Case
Management Conference, commonly known as a Ferriera Conference, regarding
the sufficiency of the affidavit of merit.
REQUEST TO MEET AND CONFER ON ELECTRONICALLY STORED
INFORMATION
Plaintiff, in the below notices to produce, has requested electronically
stored information from Defendants. Pursuant to R. 4:10-2(f) and R. 4:18-1, if
there are any objections, limitations, or concerns held by Defendants, Plaintiff
hereby requests a meeting or conversation to discuss those concerns. If Plaintiff
does not receive a response to this request prior to the time required to respond
to the notices to produce, which pursuant to R. 4:18-1(b)(2) is fifty (50) days after
service of the summons and complaint, it will be accepted that defendant(s) have
refused to meet-and-confer with Plaintiff(s). This request includes an inspection
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of the electronic medical records and a request for all audit logs (“not just an
access audit trail”).
NOTICE OF PRESERVATION
Litigation has begun. Therefore, defendants are placed on notice to
preserve and maintain all relevant information. This includes fetal monitoring
data, heart monitoring data, medical distribution logs, swipe logs, security
videos, security logs, policies, procedures, rules and regulations, guidelines, by-
laws, contracts, privileges authorizations, e-mails, intranet e-mails, Tigertexts,
EpicChat messages, audit logs, Best Practice Advisories, Alerts, Ultrasounds,
Radiological Information System data, Electronic health record data, and any
other data related to Plaintiff and her child.
NOTICE TO ALL DEFENDANTS TO ANSWER FORM C and C(3)
INTERROGATORIES
Pursuant to R. 4:17-1 and Appendix II, please be advised that all
defendants, including entities, are required to respond to Form C and C(3)
interrogatories within 60 days of the service of this Complaint.
Please Note: On September 1, 2022, the Form C and C(3) interrogatories
were updated. It should be those uniform questions that are responded to.
Additionally, Uniform Form C(3) interrogatories apply to all defendants involved
in this matter. Therefore, all defendants are required to respond to both Form C
and C(3) uniform interrogatories.
Please Note: As explained by Judge Sabatino, in State v. Borjas, 436 N.J.
Super 375 (App. Div. 2014), all references to the term document, documents, or
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document(s) include items containing words or images that are stored in
computer files. This obviously includes text messages, e-mails, policies and
procedures, audit trails, audit logs, swipe logs, RFID logs, digital images, digital
films, videos, surveillance videos, audio recordings, phone call logs, phone call
messages, and any other responsive item stored in reproducible or viewable form.
Please Note: All corporate entities are required by law to respond to fully
and completely to interrogatories. R. 4:17-4 requires any agent responding for
a business to furnish all information available to the party, its agents, employees,
and attorneys. Further, the agent shall designate the name and address of every
person from whom information was obtained. Additionally, the agent shall
designate by full description and location any documentary evidence that was
reviewed in responding to interrogatories. Therefore, any statement that the
business is an entity and has no knowledge it improper and will be deemed a
non-response. Per Brugaletta v. Garcia, 234 N.J. 225 (2018), a motion will be
filed seeking to strike your Answer and seek sanctions for “evasive or incomplete
answer[s] given in response to a discovery request, such as an interrogatory.”
Please Note: All responsive documents should be provided in original
format. That format should include color items, be electronic if the original was
such, and have metadata left intact. Any audit trails and audit logs should be
provided in spreadsheet format, such as .xml or .xsls.
Please Note: Pursuant to R. 4:10-2, if you are claiming any privilege or
withholding any items that may be relevant, you are required to identify those
items and produce a proper privilege log. As to the contents of the privilege log,
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please see Seacoast Builders Corporation v. Rutgers, 358 N.J. Super 524 (App.
Div. 2003).
Please Note: If defendant is an entity, pursuant to R. 4:17-4(a), the agent
responding on behalf of the entity is required to furnish all information available
to the party. This includes all information available to the party, the party’s
agents, employees, and attorneys. The person is also required to designate
which information was not within the answerer’s personal knowledge and state
the name and address of every person from whom the information was received.
Additionally, when the sources of information include documentation, a full
description including the location is required to be provided with the response.
Please Note: Form C question 9 includes the statement electronic
recording. Although this should be obvious, this would include any surveillance
videos, intraoperative imaging, intraoperative videos, audio recordings, e-mails,
text messages, monitoring data, or any other type of recording made or
maintained on an electronic device.
Please Note: Form C question 14 requires you to identify all documents
that may relate to this action. First, this question does not limit the response to
items in your possession. Second, the terms may and relate are commonly
utilized in our vernacular. Yet, lately, many defendants have been responding
that they are confused as to what relate means. The term “relate” means to have
a connection or to show or make a logical or causal connection between. The
term “may” is used to indicate possibility. This would obviously include all items,
whether electronic or physical, that possibly have a connection to the above-
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numbered issues in the Complaint. For example, contracts or employment
agreements between the named defendants, scheduling information, audits,
audit logs, swipe logs, access logs, communications, e-mails, text messages,
alerts, best practice advisories, reviews, call records, books, literature,
references, radiological imaging, other images, video recordings, surveillance
footage, RFID badges, surgical tags, medical record templates, access to the
original electronic medical record, policies, procedures, guidelines, bylaws,
manuals, credentialing files, privileges for defendant(s), and other document(s)
that may relate to the present action (as the Supreme Court-approved question
states). If you object to the term “may relate,” please be advised that a motion
to strike will be files and Plaintiff will seek costs and fees.
Please note: If you or your clients are confused as to the wording of the
Supreme Court-approved uniform interrogatories, please feel free to contact me
to discuss the terminology that you or your client are unfamiliar with.
Please note: Any improper objection to interrogatories will be met with a
motion pursuant to R. 4:17-5 within 20 days of the service of your response.
Plaintiff will be seeking reasonable expenses, including attorney’s fees, incurred
by the necessity of making such a motion.
NOTICE TO PRODUCE #1: TO ALL DEFENDANTS
1. Provide all communications and conversations, whether oral, written,
typewritten, narrated, or otherwise delivered relating to the present litigation,
subject matter of the present litigation, treatment and care rendered to plaintiff,
or about any parties to the present litigation.
Note: This request does not seek attorney-client communications. However, if any
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document(s) is/are withheld, for any other reason, please provide the required
privilege log pursuant to R. 4:10-2(e). As explained by Judge Sabatino, in State v.
Borjas, 436 N.J.Super 375 (App. Div. 2014), all references to the term document,
documents, or document(s) include items containing words or images that are
stored in computer files. This obviously includes e-mails, text messages, in-basket
messages, alerts, best practice advisories, TigerText, EpicChat, Microsoft Teams,
Zoom, intrahospital messaging systems, internet messaging systems, intranet
messaging systems, or any other computer file whether generated on a phone,
desktop, laptop, iPad, tablet, or any other electronic device. This request requires
any metadata to remain intact on the provided copy to Plaintiff.
2. Provide copies of all materials that you provided, utilized, or showed to
Plaintiff at any point.
Note: This request seeks the materials in original format, in color, with any
metadata intact.
3. Copies of any and all insurance coverage covering the defendants,
including but not limited to, primary insurance policies, secondary insurance
policies, reinsurance policies, umbrella policies, employment policies, or any
other relevant policies. For each such policy of insurance, supply a copy of the
policy.
Note: this is not a request for the declaration page but a request for the entire
policy.
4. Copies of any and all documentation, written notes, correspondence,
written memoranda, minutes, reports, or any other recordings, whether oral,
written, or recorded, whether electronically or in physical form, which were
prepared by you, your agents, servants, employees, or anyone else, in reference
to the care, treatment, or protected health information rendered to the care,
treatment, or protected health information of Plaintiff by any health care
provider.
5. Copies of any incident reports, investigation documentation, accident
reports, e-mails, text messages, review documentation, peer review
documentation, quality review documentation, Patient Safety Act
documentation, morbidity and mortality conference documentation, OneLink
documentation, Verge documentation, or any other documentation relating to
reviews, investigations, reporting, or analyzing the care, treatment, and
circumstances relating to Plaintiff.
Please Note: If you claim privilege on any documents, provide the required privilege
log pursuant to R. 4:10-2(e) expressly identifying the description of the document,
communication, or things not produced. This privilege log shall contain the
description with specificity as to each document withheld. See Seacoast Builders
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Corp. v. Rutgers, 358 N.J.Super 524 (App. Div. 2003). You are required to provide
a specific explanation of why each document is privileged or immune from
discovery which must include a comprehensive presentation of all factual grounds
and legal analyses in a non-conclusory fashion.
6. Copies of all recorded logs, for the timeframes that Plaintiff was a patient
at your facility, including audit logs, call bell logs, swipe logs, access/egress logs,
scheduling logs, department logs, catheterization lab logs, sign-in or sign-out
logs, and any other logs in your possession regarding named defendant(s) or
Plaintiff.
7. A complete copy of the personnel file of all individually named defendants.
8. A copy of all billing and payment records relating to Plaintiff. This includes
requests for payment, responses from third-party payors, benefits, copies of
checks, denials, and any other relevant communication or documentation.
9. Any and all contracts between you and all other named defendant(s)
including but not limited to employment agreements, employment contracts,
service agreements, management agreements, privileging files, and all terms and
attachments.
11. Any and all radiological imaging in your possession.
12. Any and all video recordings. This includes surveillance video, security
video, video in the operating room, and video in the waiting area.
NOTICE TO PRODUCE #2 Pursuant to R. 4:18-1
Note: This request does not seek attorney-client communications. However, if any
document(s) is/are withheld, for any other reason, please provide the required
privilege log pursuant to R. 4:10-2(e). As explained by Judge Sabatino, in State v.
Borjas, 436 N.J.Super 375 (App. Div. 2014), all references to the term document,
documents, or document(s) include items containing words or images that are
stored in computer files. This obviously includes e-mails, text messages, alerts,
best practice advisories, EpicChat, intrahospital messaging systems, or any other
computer file whether generated on a phone, desktop, laptop, iPad, tablet, or any
other electronic device. This request requires any metadata to remain intact on the
provided copy to Plaintiff.
1. Plaintiff’s entire original protected health information and the electronic
medical records software’s playground or practice portion of the electronic
medical record application for inspection.
2. Provide all contracts, agreements, or other documents that govern the
business relationship between you and the co-defendants.
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3. Provide digital, color copies, in electronic format, all personal health
information for plaintiff that is in your possession.
Note: This request includes a request for all medical records, billing records,
records and items used, in whole or part, by any covered entity, to make decisions
about the past, present, or future care of plaintiff. This request includes all audit
logs, access logs, radiology films, monitoring data, photographs, videos,
neuromonitoring, e-mails, text messages, tiger texts, alerts, BPA alerts, in-basket
messages, Epic Secure Chat messages, pharmacy records, emergency department
records, handwritten records, consent forms, and other documents that fall under
the New Jersey definition of medical records set forth in N.J.A.C. 8:43A-1.3 which
states that medical records “means all records in the facility which pertain to the
patient’s health care.” This also includes documents generated in any root cause
analysis, all incident reports, morbidity and mortality reviews, and/or any other
reviews performed relating to the care and treatment of plaintiff. If you wish to
claim privilege, please provide the required privilege log detailed in R 4:10-2(e) with
the details required by Seacoast Builders Corp v. Rutgers, 358 N.J. Super. 524
(App. Div. 2003).
Of Further Note: When producing the audit logs, audit trails, or database exports,
the request includes the entire audit trail in an Excel or database Format such as
*.xlsx, *.xlsm, *.xls, *.xml, or *.csv.
Be Aware: If any name, record, row, column, or other information is deleted or not
produced, Plaintiff will file a motion to amend for concealment and seek sanctions.
If the audit logs, audit trails, and database exports are unilaterally limited by you
to the dates that Plaintiff was in the facility, Plaintiff will file a motion to amend
for concealment and seek sanctions. Please be aware that any attempts to
withhold documents, evidence, and other information will result in Plaintiff seeking
sanctions. Additionally, identify the individual that provides the produced
information and the parameters utilized in the production of the document(s) as
required by R. 4:18-1.
1. Please provide written job descriptions for all defendants, their
supervisors, and trainers.
Note: The term “job description” means as it is defined by N.J.A.C. 8:43A-1.3,
“written specifications developed for each position in the facility, containing the
qualifications, duties and responsibilities, and accountability required of
employees in that position.”
2. Please provide all documentation regarding scheduling of the operations
performed at NJSC for the dates that Plaintiff was a patient. Note: Any other
patient identifying information that is not relating to Plaintiff may be redacted
without the necessity of a privilege log.
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3. Please provide all audit logs for the medical distribution system relating to
plaintiff. This includes PICIS audit logs or any other medicine distribution
machine. This also includes PACS or other radiological audit logs or any other
radiological system information relating to plaintiff.
4. Please provide documents recording all defendants and co-defendants
activity, during the timeframe plaintiff was a patient, from defendant’s
identification system for employees, volunteers, and medical staff controlling
access to and egress from the facility including security logs, RFID logs, and/or
swipe logs for the entrance, exiting, and movement.
5. Organizational chart delineating the lines of authority, responsibility, and
accountability for the administration and patient care services of the facility for
the timeframe Plaintiff was a patient. (8:43A-3.6)
6. Please provide all relevant bylaws, guidelines, rules and regulations,
policies, and procedures regarding:
a. Documents regarding written objectives of medical record
department/system. (8:43A-13.1)
b. Documents regarding organizational plan for medical records.
(8:43A-13.1)
c. Documents regarding quality assurance program for medical
records. (8:43A-13.1)
d. Documents containing the time frame for completing medical
records. (8:43A-13.4)
e. Documents governing the procedures for medical records. (8:43A-
13.5).
f. Documents governing the timeframes for preserving the medical
records. (8:43A-13.6)
g. Documentation defining your legal medical record.
h. Documentation defining the designated record set (45 CFR
§164.524(e))
i. Documentation of the title of the person(s) or office(s) responsible for
receiving and processing requests for access by individuals (45 CFR
§164.524(e))
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j. Documents regarding the rights of patients. (8:43A-16.1) (8:43G-
4.1)
k. Uniform system of protocols and procedures used throughout the
facility for conducting patient assessments. (8:43E-12.7)
l. Documents regarding obtaining and recording informed consent.
(8:43G-5.2)
m. Medical staff bylaws, policies, and procedures.
n. Documents regarding ensuring that every patient is examined by a
practitioner immediately prior to surgery (8:43A-12.6)
o. Documents regarding written documentation of surgical procedures
performed (8:43A-12.6) including but not limited to:
a) Documents showing delineation of the surgical and
anesthesia services.
b) Documents showing delineation of a time frame and of
persons responsible for completing a medical history,
physical examination, and laboratory tests prior to surgery.
c) Documents regarding preanesthesia evaluation, patient
preparation, and intraoperative management.
d) Documents to ensure that every patient is examined by a
practitioner immediately prior to surgery.
e) Documents assigning a registered professional nurse to
circulating nurse duties in each room where surgery is being
performed.
f) Documents regarding use of analgesia and anesthesia.
g) Documents regarding the preoperative and postoperative
recording of vital signs (blood pressure, temperature, pulse
and respiration rate).
h) Documents for written documentation of surgical
procedures performed.
i) Documents for the provision of written instructions to the
patient on preoperative and postoperative care.
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j) Documents governing patient care (8:43A-6.3).
p. Documents governing intrapartal and postpartal care of each
patient. (8:43A-28.7)
q. Documents governing discharge protocol. (8:43A-28.7)
r. Documents regarding disclosure of adverse events to patient.
(8:43E-10.7)
s. Documents regarding disclosure of serious adverse events to
patient. (8:43E-10.7)
t. Uniform system of protocols and procedures used throughout the
facility for conducting patient assessments. (8:43E-12.7)
u. Documents identifying the organizational chart of the hospital and
each service that treated Plaintiff showing the lines of authority,
responsibility, and communication. (8:43G-5.1)
v. Documents regarding written job description for each category of
personnel in the hospital that provided care to Plaintiff. (8:43G-5.2)
w. Documents recording all defendants and co-defendants activity,
during the timeframe Plaintiff was a patient, from the hospital's
identification system for employees, volunteers, and medical staff
controlling access to and egress from the hospital (8:43G-5.5)
x. Policies and procedures for entering a note in the medical record
after physician visits to patient. (8:43G-16.2)
y. Policies and procedures for the nursing practices in the hospital.
(8:43G-18.2)
z. Policies and procedures for the obstetrics department. (8:43G-19.2)
aa. Policies, procedures, guidelines, and protocols about the timing of
starting a Cesarean section and the decision to perform such a
delivery method. (8:43G-19.5)
bb. Policies and procedures regarding educational preparation in
maternal-fetal neonatal nursing. (8:43G-19.16)
7. Complete copies of the disclosures, documents, information,
communications, and other items related to Plaintiff provided to the State of New
Jersey, New Jersey Department of Health and Senior Services, National
Practitioner’s Database, and any other third-party non-treating physician.
8. Copies of any hard copy format records that may exist relating to Plaintiff.
This includes accession records, record binders, printed folders, patient charts,
notes, or any other hard copy documentation contained outside of the electronic
medical record.
9. Documents explaining medical abbreviations utilized at defendant’s
facilities.
MID-L-001530-24 03/07/2024 12:52:58 PM Pg 20 of 22 Trans ID: LCV2024601965
REQUESTS FOR ADMISSIONS TO ALL DEFENDANTS
1. Plaintiff Lisa Buro (“Lisa”) scheduled an induction of labor with her OB/GYN
to occur at Jersey Shore University Medical Center on March 16, 2022.
2. Lisa presented to Jersey Shore University Medical Center on March 16,
2022 for induction of labor.
3. Per the progress note authored by Suzanne Frasca, DO at 5:30PM on
March 17, 2022, Lisa was 5-6cm dilated/70%.
4. At 5:30pm, on March 17, 2022, Lisa was 5-6cm dilated/70%.
5. At 6:47PM on March 17, 2022, Lisa signed a consent form for epidural
anesthesia.
6. Per the progress note authored by Suzanne Frasca, DO at 4:30AM on
March 18, 2022, Lisa was 9cm dilated.
7. Lisa became fully dilated at or around 9:05AM.
8. Per the progress note of Stephanie Scianni at 9:23AM on March 18, 2022,
Lisa was 10cm dilated.
9. Lisa pushed from 11:30AM to 1:30PM with no results.
10. After 1:30pm, Lisa remained 10cm dilated.
11. Dr. Scianni made the decision to labor down after Lisa pushed from
11:30AM to 1:30PM.
12. Lisa restarted pushing again from 3:55PM to 5:35PM.
13. Dr. Scianni’s progress note, signed at 1:47AM on March 19, 2022, states
Lisa pushed for 3 hours and 45minutes with no descent.
14. At 7:11PM on March 18, 2022, Lisa signed a consent to undergo a C-
MID-L-001530-24 03/07/2024 12:52:58 PM Pg 21 of 22 Trans ID: LCV2024601965
Section.
15. At or around 8:53PM on March 18, 2022, Lisa delivered a baby girl.
16. Per Dr. Scianni’s operative report, Lisa was fully dilated for over 10 hours.
17. Kimberly Kase, RN was Lisa’s nurse for times during the day on March 18,
2022.
18. Brigitte Phillips, RN was Lisa’s nurse during the night shift (after 7pm) on
March 18, 2022.
19. Lisa experienced a left foot drop.
20. It was recorded that Lisa had a foot drop by Brigitte Phillips, RN on March
19, 2022 at 1:23PM.
21. Dr. Kristen Aland recorded that she suspected a nerve injury secondary to
“~4h pushing with epidural.”
22. Lisa received follow-up treatment and physical therapy during her
admission at Jersey Shore University Medical Center.
23. Lisa was discharged from Jersey Shore University Medical Center on
March 21, 2022.
24. Lisa was discharged from Jersey Shore University Medical Center with a
left foot drop.
25. Lisa was discharged from Jersey Shore University Medical Center with a
left foot drop as a result of her hospitalization for induction of labor.
26. Attached as Exhibit A is a true and accurate copy of Lisa Buro’s Medical
Record at Jersey Shore University Medical Center for her March 18, 2022
admission.
MID-L-001530-24 03/07/2024 12:52:58 PM Pg 22 of 22 Trans ID: LCV2024601965
27. Attached as Exhibit B is a true and accurate copy of Dr. Scianni’s
operative note.
28. Attached as Exhibit C is a true and accurate copy of Dr. Scianni’s 3-18-
22 9:23AM Progress Note.
29. Attached as Exhibit D is a true and accurate copy of Dr. Scianni’s 3-18-
22 3:48PM Progress Note.
30. Attached as Exhibit E is a true and accurate copy of Dr. Scianni’s 3-19-
22 1:47AM progress Note.
31. Attached as Exhibit F is a true and accurate copy of Kristen L. Aland,
M.D.’s Attestation Note of March 19, 2022 at 11:33PM.
LOMURRO MUNSON, LLC
Attorneys for Plaintiff
Jonathan H. Lomurro, Esq. LLM
Dated: March 7, 2024
MID-L-001530-24 03/07/2024
MID-L-001530-24 03/07/202412:52:58
12:52:58PM
PM Pg 1 of 1 Trans
TransID:
ID:LCV2024601965
LCV2024601965
Civil Case Information Statement
Case Details: MIDDLESEX | Civil Part Docket# L-001530-24
Case Caption: BURO LISA VS HACKENSACK MERIDIAN Case Type: MEDICAL MALPRACTICE
HEALTH IN Document Type: Complaint with Jury Demand
Case Initiation Date: 03/07/2024 Jury Demand: YES - 6 JURORS
Attorney Name: JONATHAN H LOMURRO Is this a professional malpractice case? NO
Firm Name: LOMURRO MUNSON LLC Related cases pending: NO
Address: 4 PARAGON WAY SUITE 100 If yes, list docket numbers:
FREEHOLD TWP NJ 07728 Do you anticipate adding any parties (arising out of same
Phone: 7324140300 transaction or occurrence)? NO
Name of Party: PLAINTIFF : Buro, Lisa Does this case involve claims related to COVID-19? NO
Name of Defendant’s Primary Insurance Company
(if known): Unknown Are sexual abuse claims alleged by: Lisa Buro? NO
THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE
CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION
Do parties have a current, past, or recurrent relationship? NO
If yes, is that relationship:
Does the statute governing this case provide for payment of fees by the losing party? NO
Use this space to alert the court to any special case characteristics that may warrant individual
management or accelerated disposition:
Do you or your client need any disability accommodations? NO
If yes, please identify the requested accommodation:
Will an interpreter be needed? NO
If yes, for what language:
Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO
Medical Debt Claim? NO
I certify that confidential personal identifiers have been redacted from documents now submitted to the
court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b)
03/07/2024 /s/ JONATHAN H LOMURRO
Dated Signed
Preview
MID-L-001530-24 03/07/2024 12:52:58 PM Pg 1 of 22 Trans ID: LCV2024601965 JONATHAN H. LOMURRO, ESQ. LLM NJ ATTORNEY ID: 003742005 Lomurro Munson, LLC Monmouth Executive Center 4 Paragon Way, Suite 100 Freehold, New Jersey 07728 (732) 414-0300 Attorneys for Plaintiff Lisa Buro SUPERIOR COURT OF NEW JERSEY LAW DIVISION: MIDDLESEX COUNTY DOCKET NO.: MID-L- Plaintiff, vs. CIVIL ACTION Hackensack Meridian Health, Inc., HMH Hospitals Corporation d/b/a COMPLAINT WITH JURY DEMAND, Jersey Shore University Medical Center; AFFIDAVIT OF MERIT, DEMAND FOR Hackensack Meridian Health Medical DISCOVERY RESPONSES, DEMAND Group,-Specialty Care, P.C.- d/b/a FOR TRANSCRIPTION AND Healthy Woman OB/GYN; Stephanie DESIGNATION OF TRIAL COUNSEL Scianni, DO; Kimberly Kase, RN; Brigitte Phillips, RN; John and/or Jane Does 1-5; Manny Moes 1-5; Sam Soes 1-5; ABC Companies 1-5; ABC Companies 6-10; (fictitious names representing an individual or individuals, corporation, partnership and/or association and was a doctor, intern, resident nurse and/or other care specialist involved in the treatment and/or care of Lisa Buro), Defendants. Plaintiff, Lisa Buro, resides at 3014 Arthur St. Wall, NJ 07719, by way of Complaint against the Defendants, says: JURISDICTION 1. Pursuant to R. 4:3-2(a), venue shall be laid by the Plaintiff where the action arose, where any party resides at the time of the commencement of the proceeding, or in which the summons was served on a nonresident defendant. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 2 of 22 Trans ID: LCV2024601965 2. Pursuant to R. 4:3-2(b), a business entity shall be deemed to reside in the county in which its registered office is located or in any county in which it is actually doing business. 3. HMH Hospitals Corp. d/b/a Jersey Shore University Medical Center and Hackensack Meridian Health, Inc. have their registered offices and headquarters at 343 Thornall St, Edison, NJ 08837 4. Hackensack Meridian Health Medical Group,-Specialty Care, P.C.- d/b/a Healthy Woman OB/GYN has their registered offices and headquarters at 343 Thornall St, Edison, NJ 08837. 5. HMH Hospitals Corp. d/b/a Jersey Shore University Medical Center (“the Corporation”) and Hackensack Meridian Health, Inc. (“the Inc.”), and Hackensack Meridian Health Medical Group,-Specialty Care, P.C.- d/b/a Healthy Woman OB/GYN also d/b/a HMH – Obstetrics and Gynecology (“the Group”) have their legal offices, access to all medical records, and access to all policies and procedures at the offices at 343 Thornall St, Edison, NJ 08837. 6. The Corporation, the Inc., and the Group have their registered agent located at 343 Thornall St, Edison, NJ 08837. FACTUAL OVERVIEW 7. Plaintiff Lisa Buro (“Lisa”) became pregnant and scheduled an induction of labor with her OB/GYN to occur at the Corporation’s Jersey Shore University Medical Center on March 16, 2022. 8. Lisa presented to the Corporation’s Jersey Shore University Medical Center on March 16, 2022 for induction of labor. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 3 of 22 Trans ID: LCV2024601965 9. Suzanne Frasca, DO wrote, in her Healthy Woman Labor Progress Note timed at 5:30PM on March 17, 2022, Lisa was 5-6cm dilated/70%. 10. At 6:47PM on March 17, 2022, Lisa signed a consent form for epidural anesthesia. 11. Per the progress note authored by Suzanne Frasca, DO at 4:30AM on March 18, 2022, Lisa was 9cm dilated. 12. Lisa became fully dilated at or around 9:05AM. 13. Per the progress note of Stephanie Scianni at 9:23AM on March 18, 2022, Lisa was 10cm dilated. 14. Lisa pushed from 11:30AM to 1:30PM with no results. 15. She remained at 10cm dilated. 16. Dr. Scianni made the decision to “labor down” after Lisa pushed from 11:30AM to 1:30PM. 17. Lisa restarted pushing again from 3:55PM to 5:35PM. 18. Per, Dr. Scianni’s progress note signed at 1:47AM on March 19, 2022, Lisa pushed for 3 hours and 45minutes with no descent. 19. At 7:11PM on March 18, 2022, Lisa signed a consent to undergo a C- Section. 20. At or around 8:53PM on March 18, 2022, per the Delivery Summary Progress Note, Lisa delivered a baby girl. 21. Per Dr. Scianni’s operative report, Lisa was fully dilated for over 10 hours. 22. Kimberly Kase, RN was Lisa’s nurse for times during the day on March 18, 2022. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 4 of 22 Trans ID: LCV2024601965 23. Brigitte Phillips, RN was Lisa’s nurse during the night shift (after 7pm) on March 18, 2022. 24. Lisa then experienced a left foot drop that was recorded in her notes on March 19, 2022 at 1:23PM. 25. Dr. Kristen Aland suspected a nerve injury secondary to “~4h pushing with epidural.” 26. Lisa received follow-up treatment and physical therapy during her admission at the Corporation’s Jersey Shore University Medical Center. 27. Lisa was discharged from the Corporation’s Jersey Shore University Medical Center on March 21, 2022 with a left foot drop as a result of her hospitalization for induction of labor. 28. Lisa still suffers from a left foot drop. 29. Dr. Stephanie Scianni became licensed to practice medicine in 2020. 30. At all material times, Dr. Stephanie Scianni, was a physician licensed to practice medicine in the State of New Jersey. 31. Dr. Stephanie Scianni obtained her board certification in Obstetrics & Gynecology in 2022. 32. At all times, Defendants Kase and Phillips were nurses. 33. Defendants Scianni, Kase, and Phillips at all material times were agents, servants, and/or employees of the Corporation, the Inc., and/or the Group. FIRST COUNT (Negligence Individuals) 34. Plaintiff repeats and re-alleges the allegations contained above and makes them a part of the same hereof as though fully set forth at length herein. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 5 of 22 Trans ID: LCV2024601965 35. At all relevant times, Lisa was a patient of Defendants Scianni, Kase, and Phillips. 36. At all relevant times, Defendants Scianni, Kase, and Phillips had the duty to provide medical treatment, care, oversight, supervision, and skill ordinarily utilized by medical and healthcare providers engaged in the practice of medicine and healthcare. 37. Defendants Scianni, Kase, and Phillips failed to exercise the degree of care and skill required of them in their treatment of Lisa; including but not limited to violating the appropriate standards of care and were otherwise negligent, grossly negligent, careless and/or deviated from generally accepted medical standards in their treatment of Lisa. 38. Defendants Scianni, Kase, and Phillips negligently breached the standard of care in their care and treatment of Lisa. 39. As a direct and proximate result of such negligence and breach of the standard of care as demonstrated by defendants, Lisa sustained severe, painful bodily injuries, suffering, and loss of enjoyment of life which limit her abilities and enjoyment of life. WHEREFORE, Plaintiff, Lisa Buro, demands judgment against the Defendants Scianni, Kase, and Phillips for damages, interests, attorneys’ fees, and costs of suit. SECOND COUNT (Entity Negligence & Vicarious Liability) 40. Plaintiff repeats and re-allege the allegations contained above and makes them a part of the same hereof as though fully set forth at length herein. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 6 of 22 Trans ID: LCV2024601965 41. At all relevant times, Defendants the Corporation, the Inc., and the Group are medical institutions that provide care to patients and were engaged in the practice of medicine and healthcare. 42. At all times relevant, Lisa was a patient of defendants the Corporation, the Inc., and/or the Group. 43. Defendants the Corporation, the Inc., and the Group, by and through its their agents, servants, and employees, had a duty to exercise a degree of care and skill in the treatment of plaintiff which was in accordance with the general accepted standards of care in its treatment of Lisa. 44. Defendants the Corporation, the Inc., and the Group, their agents, servants and/or employees, through gross negligence, negligence, and carelessness, failed to exercise the care and skill required in their treatment of Lisa. 45. As a result of the wrongful conduct of Defendants the Corporation, the Inc., and the Group, Lisa sustained severe, painful bodily injuries which limit her abilities and enjoyment of life. WHEREFORE, Plaintiff demands entry of judgment against the defendants, the Corporation, the Inc., and the Group, for damages, interest, attorneys' fees and costs of suit. THIRD COUNT (Fictitious Defendants) 46. Plaintiffs repeat and re-allege each allegation contained above and makes them a part hereof as if the same were set forth at length herein. 47. John and Jane Does 1-5 are currently unknown employees, physicians, MID-L-001530-24 03/07/2024 12:52:58 PM Pg 7 of 22 Trans ID: LCV2024601965 assistants, nurses, technicians, or other medical provider; Manny Moes 1-5 are currently unknown individuals that were present at the time of the malpractice; Sam Soes 1-5 are currently unknown manufacturers whose negligence resulted in Lisa’s injuries; ABC Companies 1-5 are currently unknown maintenance companies whose negligence resulted in Lisa’s injuries; ABC Companies 6-10 are currently unknown companies whose negligence and/or vicarious liability resulted in Lisa’s injuries. 48. As a result of the wrongful conduct of the currently unknown defendants as aforesaid, Lisa sustained severe, painful bodily injuries which limit her abilities and enjoyment of life. WHEREFORE, Plaintiff demands judgment against the defendants, John Does 1-5; Manny Moes 1-5; Sam Soes 1-5; ABC Companies 1-5; and ABC Companies 6-10, for damages, interest, attorney fees, and costs of suit. JURY DEMAND The plaintiff herein demands trial by jury as to all issues. DESIGNATION OF TRIAL COUNSEL Jonathan H. Lomurro, Esq., is hereby designated as trial counsel for the plaintiff in the within matter. NOTICE OF OTHER ACTIONS Pursuant to R. 4:5-1, please be advised that this matter in controversy is not the subject matter of a court action nor arbitration. NOTICE TO VIEW OFFICES AND FILES MID-L-001530-24 03/07/2024 12:52:58 PM Pg 8 of 22 Trans ID: LCV2024601965 Pursuant to R. 4:18-1, Plaintiffs hereby demand that Plaintiffs’ legal representatives be permitted access to Plaintiff Lisa Buro’s original electronic personal health information, with metadata intact, in its original form, contained by HMH Hospitals Corporation d/b/a Jersey Shore University Medical Center; Hackensack Meridian Health, Inc.; Hackensack Meridian Health Medical Group d/b/a Healthy Woman OB/GYN within thirty days of service of this Complaint for the purpose of inspecting and/or recording his original medical records, electronic protected health information, and the facilities’ policies and procedures. DEMAND FOR ACCESS TO PROTECTED HEALTH INFORMATION Pursuant to 45 CFR §164.524, Plaintiff hereby demands access, within 30 days of the service of this request, to inspect and obtain copies of Lisa’s protected health information. This information includes all items maintained in the designated record set, including but not limited to billing records, medical records, medical imaging, audit logs, correspondence, alerts, documents relating to payment and claims adjudication, and any other document used, in whole or part, by defendant(s) to make decisions about Plaintiff(s). DEMAND FOR ACCOUNTING OF DISCLOSURES Pursuant to 45 CFR §164.528, Plaintiff hereby demands, within 60 days of receipt of the service of this Complaint, an accounting of all disclosures of Lisa’s protected health information for the years 2021, 2022, 2023, and 2024. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 9 of 22 Trans ID: LCV2024601965 DEMAND FOR PLEADINGS Pursuant to R. 1:5-1(A) & R. 4:17-4(c), please take notice that Plaintiff hereby demands that each party herein serving pleadings and interrogatories and receiving answers thereto serve copies of all such pleadings, answering pleadings, answered subpoenas, answered interrogatories, and answered notices to produce from any party upon the undersigned attorney, and further take notice that this, as all discovery demands, is a continuing demand. AFFIDAVIT OF MERIT See attached Affidavit of Merit and CV from John Dougherty, MD. He is Board Certified in OB/GYN. Pursuant to R. 4:5B-4, you are required to serve the court and Plaintiff with any specific written objections to the Affidavit of Merit no less than 15 days before the initial Professional Malpractice Case Management Conference, commonly known as a Ferriera Conference, regarding the sufficiency of the affidavit of merit. REQUEST TO MEET AND CONFER ON ELECTRONICALLY STORED INFORMATION Plaintiff, in the below notices to produce, has requested electronically stored information from Defendants. Pursuant to R. 4:10-2(f) and R. 4:18-1, if there are any objections, limitations, or concerns held by Defendants, Plaintiff hereby requests a meeting or conversation to discuss those concerns. If Plaintiff does not receive a response to this request prior to the time required to respond to the notices to produce, which pursuant to R. 4:18-1(b)(2) is fifty (50) days after service of the summons and complaint, it will be accepted that defendant(s) have refused to meet-and-confer with Plaintiff(s). This request includes an inspection MID-L-001530-24 03/07/2024 12:52:58 PM Pg 10 of 22 Trans ID: LCV2024601965 of the electronic medical records and a request for all audit logs (“not just an access audit trail”). NOTICE OF PRESERVATION Litigation has begun. Therefore, defendants are placed on notice to preserve and maintain all relevant information. This includes fetal monitoring data, heart monitoring data, medical distribution logs, swipe logs, security videos, security logs, policies, procedures, rules and regulations, guidelines, by- laws, contracts, privileges authorizations, e-mails, intranet e-mails, Tigertexts, EpicChat messages, audit logs, Best Practice Advisories, Alerts, Ultrasounds, Radiological Information System data, Electronic health record data, and any other data related to Plaintiff and her child. NOTICE TO ALL DEFENDANTS TO ANSWER FORM C and C(3) INTERROGATORIES Pursuant to R. 4:17-1 and Appendix II, please be advised that all defendants, including entities, are required to respond to Form C and C(3) interrogatories within 60 days of the service of this Complaint. Please Note: On September 1, 2022, the Form C and C(3) interrogatories were updated. It should be those uniform questions that are responded to. Additionally, Uniform Form C(3) interrogatories apply to all defendants involved in this matter. Therefore, all defendants are required to respond to both Form C and C(3) uniform interrogatories. Please Note: As explained by Judge Sabatino, in State v. Borjas, 436 N.J. Super 375 (App. Div. 2014), all references to the term document, documents, or MID-L-001530-24 03/07/2024 12:52:58 PM Pg 11 of 22 Trans ID: LCV2024601965 document(s) include items containing words or images that are stored in computer files. This obviously includes text messages, e-mails, policies and procedures, audit trails, audit logs, swipe logs, RFID logs, digital images, digital films, videos, surveillance videos, audio recordings, phone call logs, phone call messages, and any other responsive item stored in reproducible or viewable form. Please Note: All corporate entities are required by law to respond to fully and completely to interrogatories. R. 4:17-4 requires any agent responding for a business to furnish all information available to the party, its agents, employees, and attorneys. Further, the agent shall designate the name and address of every person from whom information was obtained. Additionally, the agent shall designate by full description and location any documentary evidence that was reviewed in responding to interrogatories. Therefore, any statement that the business is an entity and has no knowledge it improper and will be deemed a non-response. Per Brugaletta v. Garcia, 234 N.J. 225 (2018), a motion will be filed seeking to strike your Answer and seek sanctions for “evasive or incomplete answer[s] given in response to a discovery request, such as an interrogatory.” Please Note: All responsive documents should be provided in original format. That format should include color items, be electronic if the original was such, and have metadata left intact. Any audit trails and audit logs should be provided in spreadsheet format, such as .xml or .xsls. Please Note: Pursuant to R. 4:10-2, if you are claiming any privilege or withholding any items that may be relevant, you are required to identify those items and produce a proper privilege log. As to the contents of the privilege log, MID-L-001530-24 03/07/2024 12:52:58 PM Pg 12 of 22 Trans ID: LCV2024601965 please see Seacoast Builders Corporation v. Rutgers, 358 N.J. Super 524 (App. Div. 2003). Please Note: If defendant is an entity, pursuant to R. 4:17-4(a), the agent responding on behalf of the entity is required to furnish all information available to the party. This includes all information available to the party, the party’s agents, employees, and attorneys. The person is also required to designate which information was not within the answerer’s personal knowledge and state the name and address of every person from whom the information was received. Additionally, when the sources of information include documentation, a full description including the location is required to be provided with the response. Please Note: Form C question 9 includes the statement electronic recording. Although this should be obvious, this would include any surveillance videos, intraoperative imaging, intraoperative videos, audio recordings, e-mails, text messages, monitoring data, or any other type of recording made or maintained on an electronic device. Please Note: Form C question 14 requires you to identify all documents that may relate to this action. First, this question does not limit the response to items in your possession. Second, the terms may and relate are commonly utilized in our vernacular. Yet, lately, many defendants have been responding that they are confused as to what relate means. The term “relate” means to have a connection or to show or make a logical or causal connection between. The term “may” is used to indicate possibility. This would obviously include all items, whether electronic or physical, that possibly have a connection to the above- MID-L-001530-24 03/07/2024 12:52:58 PM Pg 13 of 22 Trans ID: LCV2024601965 numbered issues in the Complaint. For example, contracts or employment agreements between the named defendants, scheduling information, audits, audit logs, swipe logs, access logs, communications, e-mails, text messages, alerts, best practice advisories, reviews, call records, books, literature, references, radiological imaging, other images, video recordings, surveillance footage, RFID badges, surgical tags, medical record templates, access to the original electronic medical record, policies, procedures, guidelines, bylaws, manuals, credentialing files, privileges for defendant(s), and other document(s) that may relate to the present action (as the Supreme Court-approved question states). If you object to the term “may relate,” please be advised that a motion to strike will be files and Plaintiff will seek costs and fees. Please note: If you or your clients are confused as to the wording of the Supreme Court-approved uniform interrogatories, please feel free to contact me to discuss the terminology that you or your client are unfamiliar with. Please note: Any improper objection to interrogatories will be met with a motion pursuant to R. 4:17-5 within 20 days of the service of your response. Plaintiff will be seeking reasonable expenses, including attorney’s fees, incurred by the necessity of making such a motion. NOTICE TO PRODUCE #1: TO ALL DEFENDANTS 1. Provide all communications and conversations, whether oral, written, typewritten, narrated, or otherwise delivered relating to the present litigation, subject matter of the present litigation, treatment and care rendered to plaintiff, or about any parties to the present litigation. Note: This request does not seek attorney-client communications. However, if any MID-L-001530-24 03/07/2024 12:52:58 PM Pg 14 of 22 Trans ID: LCV2024601965 document(s) is/are withheld, for any other reason, please provide the required privilege log pursuant to R. 4:10-2(e). As explained by Judge Sabatino, in State v. Borjas, 436 N.J.Super 375 (App. Div. 2014), all references to the term document, documents, or document(s) include items containing words or images that are stored in computer files. This obviously includes e-mails, text messages, in-basket messages, alerts, best practice advisories, TigerText, EpicChat, Microsoft Teams, Zoom, intrahospital messaging systems, internet messaging systems, intranet messaging systems, or any other computer file whether generated on a phone, desktop, laptop, iPad, tablet, or any other electronic device. This request requires any metadata to remain intact on the provided copy to Plaintiff. 2. Provide copies of all materials that you provided, utilized, or showed to Plaintiff at any point. Note: This request seeks the materials in original format, in color, with any metadata intact. 3. Copies of any and all insurance coverage covering the defendants, including but not limited to, primary insurance policies, secondary insurance policies, reinsurance policies, umbrella policies, employment policies, or any other relevant policies. For each such policy of insurance, supply a copy of the policy. Note: this is not a request for the declaration page but a request for the entire policy. 4. Copies of any and all documentation, written notes, correspondence, written memoranda, minutes, reports, or any other recordings, whether oral, written, or recorded, whether electronically or in physical form, which were prepared by you, your agents, servants, employees, or anyone else, in reference to the care, treatment, or protected health information rendered to the care, treatment, or protected health information of Plaintiff by any health care provider. 5. Copies of any incident reports, investigation documentation, accident reports, e-mails, text messages, review documentation, peer review documentation, quality review documentation, Patient Safety Act documentation, morbidity and mortality conference documentation, OneLink documentation, Verge documentation, or any other documentation relating to reviews, investigations, reporting, or analyzing the care, treatment, and circumstances relating to Plaintiff. Please Note: If you claim privilege on any documents, provide the required privilege log pursuant to R. 4:10-2(e) expressly identifying the description of the document, communication, or things not produced. This privilege log shall contain the description with specificity as to each document withheld. See Seacoast Builders MID-L-001530-24 03/07/2024 12:52:58 PM Pg 15 of 22 Trans ID: LCV2024601965 Corp. v. Rutgers, 358 N.J.Super 524 (App. Div. 2003). You are required to provide a specific explanation of why each document is privileged or immune from discovery which must include a comprehensive presentation of all factual grounds and legal analyses in a non-conclusory fashion. 6. Copies of all recorded logs, for the timeframes that Plaintiff was a patient at your facility, including audit logs, call bell logs, swipe logs, access/egress logs, scheduling logs, department logs, catheterization lab logs, sign-in or sign-out logs, and any other logs in your possession regarding named defendant(s) or Plaintiff. 7. A complete copy of the personnel file of all individually named defendants. 8. A copy of all billing and payment records relating to Plaintiff. This includes requests for payment, responses from third-party payors, benefits, copies of checks, denials, and any other relevant communication or documentation. 9. Any and all contracts between you and all other named defendant(s) including but not limited to employment agreements, employment contracts, service agreements, management agreements, privileging files, and all terms and attachments. 11. Any and all radiological imaging in your possession. 12. Any and all video recordings. This includes surveillance video, security video, video in the operating room, and video in the waiting area. NOTICE TO PRODUCE #2 Pursuant to R. 4:18-1 Note: This request does not seek attorney-client communications. However, if any document(s) is/are withheld, for any other reason, please provide the required privilege log pursuant to R. 4:10-2(e). As explained by Judge Sabatino, in State v. Borjas, 436 N.J.Super 375 (App. Div. 2014), all references to the term document, documents, or document(s) include items containing words or images that are stored in computer files. This obviously includes e-mails, text messages, alerts, best practice advisories, EpicChat, intrahospital messaging systems, or any other computer file whether generated on a phone, desktop, laptop, iPad, tablet, or any other electronic device. This request requires any metadata to remain intact on the provided copy to Plaintiff. 1. Plaintiff’s entire original protected health information and the electronic medical records software’s playground or practice portion of the electronic medical record application for inspection. 2. Provide all contracts, agreements, or other documents that govern the business relationship between you and the co-defendants. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 16 of 22 Trans ID: LCV2024601965 3. Provide digital, color copies, in electronic format, all personal health information for plaintiff that is in your possession. Note: This request includes a request for all medical records, billing records, records and items used, in whole or part, by any covered entity, to make decisions about the past, present, or future care of plaintiff. This request includes all audit logs, access logs, radiology films, monitoring data, photographs, videos, neuromonitoring, e-mails, text messages, tiger texts, alerts, BPA alerts, in-basket messages, Epic Secure Chat messages, pharmacy records, emergency department records, handwritten records, consent forms, and other documents that fall under the New Jersey definition of medical records set forth in N.J.A.C. 8:43A-1.3 which states that medical records “means all records in the facility which pertain to the patient’s health care.” This also includes documents generated in any root cause analysis, all incident reports, morbidity and mortality reviews, and/or any other reviews performed relating to the care and treatment of plaintiff. If you wish to claim privilege, please provide the required privilege log detailed in R 4:10-2(e) with the details required by Seacoast Builders Corp v. Rutgers, 358 N.J. Super. 524 (App. Div. 2003). Of Further Note: When producing the audit logs, audit trails, or database exports, the request includes the entire audit trail in an Excel or database Format such as *.xlsx, *.xlsm, *.xls, *.xml, or *.csv. Be Aware: If any name, record, row, column, or other information is deleted or not produced, Plaintiff will file a motion to amend for concealment and seek sanctions. If the audit logs, audit trails, and database exports are unilaterally limited by you to the dates that Plaintiff was in the facility, Plaintiff will file a motion to amend for concealment and seek sanctions. Please be aware that any attempts to withhold documents, evidence, and other information will result in Plaintiff seeking sanctions. Additionally, identify the individual that provides the produced information and the parameters utilized in the production of the document(s) as required by R. 4:18-1. 1. Please provide written job descriptions for all defendants, their supervisors, and trainers. Note: The term “job description” means as it is defined by N.J.A.C. 8:43A-1.3, “written specifications developed for each position in the facility, containing the qualifications, duties and responsibilities, and accountability required of employees in that position.” 2. Please provide all documentation regarding scheduling of the operations performed at NJSC for the dates that Plaintiff was a patient. Note: Any other patient identifying information that is not relating to Plaintiff may be redacted without the necessity of a privilege log. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 17 of 22 Trans ID: LCV2024601965 3. Please provide all audit logs for the medical distribution system relating to plaintiff. This includes PICIS audit logs or any other medicine distribution machine. This also includes PACS or other radiological audit logs or any other radiological system information relating to plaintiff. 4. Please provide documents recording all defendants and co-defendants activity, during the timeframe plaintiff was a patient, from defendant’s identification system for employees, volunteers, and medical staff controlling access to and egress from the facility including security logs, RFID logs, and/or swipe logs for the entrance, exiting, and movement. 5. Organizational chart delineating the lines of authority, responsibility, and accountability for the administration and patient care services of the facility for the timeframe Plaintiff was a patient. (8:43A-3.6) 6. Please provide all relevant bylaws, guidelines, rules and regulations, policies, and procedures regarding: a. Documents regarding written objectives of medical record department/system. (8:43A-13.1) b. Documents regarding organizational plan for medical records. (8:43A-13.1) c. Documents regarding quality assurance program for medical records. (8:43A-13.1) d. Documents containing the time frame for completing medical records. (8:43A-13.4) e. Documents governing the procedures for medical records. (8:43A- 13.5). f. Documents governing the timeframes for preserving the medical records. (8:43A-13.6) g. Documentation defining your legal medical record. h. Documentation defining the designated record set (45 CFR §164.524(e)) i. Documentation of the title of the person(s) or office(s) responsible for receiving and processing requests for access by individuals (45 CFR §164.524(e)) MID-L-001530-24 03/07/2024 12:52:58 PM Pg 18 of 22 Trans ID: LCV2024601965 j. Documents regarding the rights of patients. (8:43A-16.1) (8:43G- 4.1) k. Uniform system of protocols and procedures used throughout the facility for conducting patient assessments. (8:43E-12.7) l. Documents regarding obtaining and recording informed consent. (8:43G-5.2) m. Medical staff bylaws, policies, and procedures. n. Documents regarding ensuring that every patient is examined by a practitioner immediately prior to surgery (8:43A-12.6) o. Documents regarding written documentation of surgical procedures performed (8:43A-12.6) including but not limited to: a) Documents showing delineation of the surgical and anesthesia services. b) Documents showing delineation of a time frame and of persons responsible for completing a medical history, physical examination, and laboratory tests prior to surgery. c) Documents regarding preanesthesia evaluation, patient preparation, and intraoperative management. d) Documents to ensure that every patient is examined by a practitioner immediately prior to surgery. e) Documents assigning a registered professional nurse to circulating nurse duties in each room where surgery is being performed. f) Documents regarding use of analgesia and anesthesia. g) Documents regarding the preoperative and postoperative recording of vital signs (blood pressure, temperature, pulse and respiration rate). h) Documents for written documentation of surgical procedures performed. i) Documents for the provision of written instructions to the patient on preoperative and postoperative care. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 19 of 22 Trans ID: LCV2024601965 j) Documents governing patient care (8:43A-6.3). p. Documents governing intrapartal and postpartal care of each patient. (8:43A-28.7) q. Documents governing discharge protocol. (8:43A-28.7) r. Documents regarding disclosure of adverse events to patient. (8:43E-10.7) s. Documents regarding disclosure of serious adverse events to patient. (8:43E-10.7) t. Uniform system of protocols and procedures used throughout the facility for conducting patient assessments. (8:43E-12.7) u. Documents identifying the organizational chart of the hospital and each service that treated Plaintiff showing the lines of authority, responsibility, and communication. (8:43G-5.1) v. Documents regarding written job description for each category of personnel in the hospital that provided care to Plaintiff. (8:43G-5.2) w. Documents recording all defendants and co-defendants activity, during the timeframe Plaintiff was a patient, from the hospital's identification system for employees, volunteers, and medical staff controlling access to and egress from the hospital (8:43G-5.5) x. Policies and procedures for entering a note in the medical record after physician visits to patient. (8:43G-16.2) y. Policies and procedures for the nursing practices in the hospital. (8:43G-18.2) z. Policies and procedures for the obstetrics department. (8:43G-19.2) aa. Policies, procedures, guidelines, and protocols about the timing of starting a Cesarean section and the decision to perform such a delivery method. (8:43G-19.5) bb. Policies and procedures regarding educational preparation in maternal-fetal neonatal nursing. (8:43G-19.16) 7. Complete copies of the disclosures, documents, information, communications, and other items related to Plaintiff provided to the State of New Jersey, New Jersey Department of Health and Senior Services, National Practitioner’s Database, and any other third-party non-treating physician. 8. Copies of any hard copy format records that may exist relating to Plaintiff. This includes accession records, record binders, printed folders, patient charts, notes, or any other hard copy documentation contained outside of the electronic medical record. 9. Documents explaining medical abbreviations utilized at defendant’s facilities. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 20 of 22 Trans ID: LCV2024601965 REQUESTS FOR ADMISSIONS TO ALL DEFENDANTS 1. Plaintiff Lisa Buro (“Lisa”) scheduled an induction of labor with her OB/GYN to occur at Jersey Shore University Medical Center on March 16, 2022. 2. Lisa presented to Jersey Shore University Medical Center on March 16, 2022 for induction of labor. 3. Per the progress note authored by Suzanne Frasca, DO at 5:30PM on March 17, 2022, Lisa was 5-6cm dilated/70%. 4. At 5:30pm, on March 17, 2022, Lisa was 5-6cm dilated/70%. 5. At 6:47PM on March 17, 2022, Lisa signed a consent form for epidural anesthesia. 6. Per the progress note authored by Suzanne Frasca, DO at 4:30AM on March 18, 2022, Lisa was 9cm dilated. 7. Lisa became fully dilated at or around 9:05AM. 8. Per the progress note of Stephanie Scianni at 9:23AM on March 18, 2022, Lisa was 10cm dilated. 9. Lisa pushed from 11:30AM to 1:30PM with no results. 10. After 1:30pm, Lisa remained 10cm dilated. 11. Dr. Scianni made the decision to labor down after Lisa pushed from 11:30AM to 1:30PM. 12. Lisa restarted pushing again from 3:55PM to 5:35PM. 13. Dr. Scianni’s progress note, signed at 1:47AM on March 19, 2022, states Lisa pushed for 3 hours and 45minutes with no descent. 14. At 7:11PM on March 18, 2022, Lisa signed a consent to undergo a C- MID-L-001530-24 03/07/2024 12:52:58 PM Pg 21 of 22 Trans ID: LCV2024601965 Section. 15. At or around 8:53PM on March 18, 2022, Lisa delivered a baby girl. 16. Per Dr. Scianni’s operative report, Lisa was fully dilated for over 10 hours. 17. Kimberly Kase, RN was Lisa’s nurse for times during the day on March 18, 2022. 18. Brigitte Phillips, RN was Lisa’s nurse during the night shift (after 7pm) on March 18, 2022. 19. Lisa experienced a left foot drop. 20. It was recorded that Lisa had a foot drop by Brigitte Phillips, RN on March 19, 2022 at 1:23PM. 21. Dr. Kristen Aland recorded that she suspected a nerve injury secondary to “~4h pushing with epidural.” 22. Lisa received follow-up treatment and physical therapy during her admission at Jersey Shore University Medical Center. 23. Lisa was discharged from Jersey Shore University Medical Center on March 21, 2022. 24. Lisa was discharged from Jersey Shore University Medical Center with a left foot drop. 25. Lisa was discharged from Jersey Shore University Medical Center with a left foot drop as a result of her hospitalization for induction of labor. 26. Attached as Exhibit A is a true and accurate copy of Lisa Buro’s Medical Record at Jersey Shore University Medical Center for her March 18, 2022 admission. MID-L-001530-24 03/07/2024 12:52:58 PM Pg 22 of 22 Trans ID: LCV2024601965 27. Attached as Exhibit B is a true and accurate copy of Dr. Scianni’s operative note. 28. Attached as Exhibit C is a true and accurate copy of Dr. Scianni’s 3-18- 22 9:23AM Progress Note. 29. Attached as Exhibit D is a true and accurate copy of Dr. Scianni’s 3-18- 22 3:48PM Progress Note. 30. Attached as Exhibit E is a true and accurate copy of Dr. Scianni’s 3-19- 22 1:47AM progress Note. 31. Attached as Exhibit F is a true and accurate copy of Kristen L. Aland, M.D.’s Attestation Note of March 19, 2022 at 11:33PM. LOMURRO MUNSON, LLC Attorneys for Plaintiff Jonathan H. Lomurro, Esq. LLM Dated: March 7, 2024 MID-L-001530-24 03/07/2024 MID-L-001530-24 03/07/202412:52:58 12:52:58PM PM Pg 1 of 1 Trans TransID: ID:LCV2024601965 LCV2024601965 Civil Case Information Statement Case Details: MIDDLESEX | Civil Part Docket# L-001530-24 Case Caption: BURO LISA VS HACKENSACK MERIDIAN Case Type: MEDICAL MALPRACTICE HEALTH IN Document Type: Complaint with Jury Demand Case Initiation Date: 03/07/2024 Jury Demand: YES - 6 JURORS Attorney Name: JONATHAN H LOMURRO Is this a professional malpractice case? NO Firm Name: LOMURRO MUNSON LLC Related cases pending: NO Address: 4 PARAGON WAY SUITE 100 If yes, list docket numbers: FREEHOLD TWP NJ 07728 Do you anticipate adding any parties (arising out of same Phone: 7324140300 transaction or occurrence)? NO Name of Party: PLAINTIFF : Buro, Lisa Does this case involve claims related to COVID-19? NO Name of Defendant’s Primary Insurance Company (if known): Unknown Are sexual abuse claims alleged by: Lisa Buro? NO THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION Do parties have a current, past, or recurrent relationship? NO If yes, is that relationship: Does the statute governing this case provide for payment of fees by the losing party? NO Use this space to alert the court to any special case characteristics that may warrant individual management or accelerated disposition: Do you or your client need any disability accommodations? NO If yes, please identify the requested accommodation: Will an interpreter be needed? NO If yes, for what language: Please check off each applicable category: Putative Class Action? NO Title 59? NO Consumer Fraud? NO Medical Debt Claim? NO I certify that confidential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the future in accordance with Rule 1:38-7(b) 03/07/2024 /s/ JONATHAN H LOMURRO Dated Signed