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| (FILED: COUNTY CLERK 12/10/2012) INDEX NO. 026910/4012
i NYSCEF DOC. NO}} 17 RECEIVED NYSCEF: 12/10/4012
! SUPREME COURT OF THE STATE OF NEW YORK
| COUNTY OF SUFFOLK
FD attra ie ania ninin nnn nanatininmntnn X
| xxxxxx xxxxxxxx on behalf ef xxxxx
i xxxxxxxx, an Infant under the age of 18, and
i xxxxxx xxxxxxxx Individually,
| Index No.: 026910/12
: Piaintiffs, VERIFIED ANSWER
t -against-
RONALD J. TADEO, M.D., RICHARD PITCH,
: M.D, SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
| CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
| BERLIN OBGYN ASSOCIATES, JANSSEN
| PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC, and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants,
En antec eeenitnstnet taint eimnsetnttenue nr eantienteetnanes nett xX
PLEASE TAKE NOTICE, that the defendant, RICHARD PITCH, M.D., by his
attomeys, the LAW OFFICES OF MITCHELL J. ANGEL, PLLC, answering the Verified
Complaint, sets forth upon information and belief as follows:
ANSWERING “THE PARTIES”
FIRST: Denies having knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraphs “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”,
“Ty, “13”, “14”, “15”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”,
“34”, 35", “46", “47”, “49”, “54”, “58”, “64, “67°, “72”, 78”, “79” and “80” of the
plaintiffs’ Verified Complaint.
SECOND: Denies the allegations in the form alleged as contained in paragraph “12” of
the plaintiffs’ Verified Complaint, except admits that Dr. PITCH was a psychiatrist dulylicensed by the State of New York and respectfully refers all questions of law to this Honorable
Court.
THIRD: Denies the allegations in the form alleged as contained in paragraphs “16”,
“17", “1g, “19” and “20” of the plaintiffs’ Verified Complaint, except admits that Dr. PITCH
is affiliated with FAMILY PSYCHOLOGY OF LONG ISLAND and respectfully refers all
questions of law to this Honorable Court.
FOURTH: Denies the allegations in the form alleged as contained in paragraphs “33”,
“36”, “37”, “38”, “39” and “56”, of the plaintiffs’ Verified Complaint, and respectfully refers
all questions of law to this Honorable Court.
FIFTH: Denies having knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraphs “40”, “41”, “42”, “43”, “44”, “45”, “48”, “50”,
“51”, “52”, “53, “55”, “57”, “59”, “60”, “61”, “62”, “63”, “65”, “66”, “68”, “69”, °70” and
“71” (a-q) of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this
Honorable Court.
SIXTH: Denies each and every allegation set forth in paragraph “73”, “74”, “75” and
“76” of the plaintiffs’ Verified Complaint.
SEVENTH: Denies each and every allegation set forth in paragraph “77” of the
plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable
Court.
ANSWERING THE FIRST CAUSE OF ACTION:
MEDICAL MALPRACTICE
EIGHTH: The answering defendant responding to paragraph “81” of the plaintiffs’
Verified Complaint, repeats and realleges each and every response or denial set forth inresponse to paragraphs “1” through “80” of the Verified Complaint with the same full force and
effect as if more fully set forth at length herein.
NINTH: Denies having knowledge or information sufficient to form a belief as to the
truth of the allegations set forth in paragraphs “82”, “83”, “84”, “85”, “86”, “87", “88”, “89”,
“90”, “91", “92”, “93”, “94, “95”, “967, “L117, “112, “113”, “114”, “115%, 116", “117”,
118", “119%, “120”, “121”, “122”, “123” and “124”, of the plaintiffs’ Verified Complaint.
TENTH: Denies the allegations in the form alleged as contained in paragraphs “97”,
“9g”, “99”, and “100” of the plaintiffs’ Verified Complaint, except admits that Dr. PITCH
rendered psychiatric care and treatment to the piaintiff, within acceptable standards, from on or
about November 2009 to on or about October 2011 and various dates in between and
respectfully refers all questions of law to this Honorable Court.
ELEVENTH: Denies each and every allegation set forth in paragraphs “101”, “125”,
“126”, “127”, “128”, “129”, “130”, “131”, “132” and “133” of the plaintiffs’ Verified
Complaint.
TWELFTH: Denies the allegations in the form alleged as contained in paragraphs
“103”, “104”, “105”, and “106” of the plaintiffs’ Verified Complaint, except admits that Dr.
PITCH rendered psychiatric care and treatment to the plaintiff at all times within acceptable
standards, and respectfully refers all questions of law to this Honorable Court.
THIRTEENTH: Denies the allegations in the form alleged as contained in paragraphs
“107”, “108”, “109”, and “110” of the plaintiffs’ Verified Complaint, and respectfully refers all
questions of law to this Honorable Court.
ANSWERING THE SECOND CAUSE OF ACTION:
LACK OF INFORMED CONSENT
FOURTEENTH: The answering defendant responding to paragraph “134” of the
plaintiffs’ Verified Complaint, repeats and realleges cach and every response or denial set forth
3in response to paragraphs “!” through “133” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
FIFTEENTH: Denies each and every allegation set forth in paragraphs “135”, “136”,
“137, “138”, “139”, “140”, “141” and “142” of the plaintiffs’ Verified Complaint.
ANSWERING THE THIRD CAUSE OF ACTION:
VICARIOUS LIABILITY
SIXTEENTH: The answering defendant responding to paragraph “143” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “142” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
SEVENTEENTH: Denies each and every allegation set forth in paragraphs “144”,
“145”, “146”, “147”, “148”, “149”, “150”, “151” and “152” of the plaintiffs’ Verified
Complaint.
ANSWERING THE FOURTH CAUSE OF ACTION:
STRICT PRODUCT LIABILITY
EIGHTEENTH: The answering defendant responding to paragraph “153” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “152” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
NINETEENTH: Denies having knowledge or information sufficient to form a belief as
to the truth of the allegations set forth in paragraphs “154”, “155”, “157”, “158”, “159”, “160”,
“161” (a-l), “162”, “163” (a-g), “164”, “165”, “166” and “167” of plaintiffs’ Verified
Complaint, and respectfully refers all questions of law to this Honorable Court.|
TWENTIETH: Denies the allegations in the form alleged as contained in paragraph
“156”, of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this
Honorable Court.
TWENTY-FIRST: Denies cach and every allegation set forth in paragraph “168” of the
plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable
Court.
ANSWERING THE FIFTH CAUSE OF ACTION:
NEGLIGENCE
TWENTY-SECOND: The answering defendant responding to paragraph “169” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “168” of the Verified Complaint with the same full foree
and effect as if more fully set forth at length herein.
'TWENTY-THIRD: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraphs “170”, “171”, “172”, “173”, “174” (a-
z), “175”, “176” and “177° of plaintiffs’ Verified Complaint, and respectfully refers all
questions of law to this Honorable Court.
TWENTY-FOURTH: Denies each and every allegation set forth in paragraph “178” of
the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable
Court.
ANSWERING THE SIXTH CAUSE OF ACTION:
NEGLIGENT DESIGN.
TWENTY-FIFTH: The answering defendant responding to paragraph “179” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “178” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.TWENTY-SIXTH: Denies having knowledge or information sufficient to form a belief
as to the truth of the alfegations set forth in paragraphs “180”, “181” and “182” (a-i) of
plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable
Court.
TWENTY-SEVENTH: Denies each and every allegation set forth in paragraph “183”
of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this
Honorable Court.
ANSWERING THE SEVENTH CAUSE OF ACTION:
FRAUD, MISREPRESENTATION AND SUPPRESSION
TWENTY-EIGHTH: The answering defendant responding to paragraph “184” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “183” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
TWENTY-NINTH: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraphs “185”, “186”, “187”, “188”, “189” (1-
4); “190”, “191”, “192”, “193” and “194” of plaintiffs’ Verified Complaint, and respectfully
refers all questions of law to this Honorable Court.
THIRTIETH: The answering defendant neither admits nor denies the allegations set
forth in paragraph “195” of the plaintiff's Verified Complaint, as they invofve speculation and
are not proper allegations of fact.
THIRTY-FIRST: Denies the allegations in the form alleged as contained in paragraph
“196” of the plaintiffs’ Verified Complaint, and respectfully refers afl questions of Jaw to this
Honorable Court.i
1
THIRTY-SECOND: Denies each and every allegation set forth in paragraph “197” of
the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable
Court.
ANSWERING THE EIGHTH CAUSE OF ACTION:
CONSTRUCTIVE FRAUD
THIRTY-THIRD: The answering defendant responding to paragraph “198” of the
plaintiffs’ Verified Coraplaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “197” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
THIRTY-FOURTH: Denies having knowledge or information sufficient to form a
belief as to the truth of the allegations set forth in paragraphs “199”, “200”, “201” and “203” of
plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable
Court.
THIRTY-FIFTH: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraph “202” of plaintiffs’ Verified Complaint,
as they pertain to the TOPIRAMATE defendants; denies the allegations in the form alleged as
they pertain to this answering defendant, and respectfully refers all questions of law to this
Honorable Court.
THIRTY-SIXTH: Denies the allegations in the form alleged as contained in paragraph
“204” of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this
Honorable Court.
THIRTY-SEVENTH: Denies each and every allegation sct forth in paragraph “205” of
the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable
Court.ANSWERING THE NINTH CAUSE OF ACTION:
BREACH OF EXPRESS AND IMPLIED WARRANTIES
THIRTY-EIGHTH: The answering defendant responding to paragraph “206” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “205” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
THIRTY-NINTH: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraphs “207”, “208”, “209”, “211” and “212”
of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable
Court.
FOURTIETH: Denies the allegations in the form alleged as contained in paragraph
“210” of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this
Honorable Court.
FORTY-FIRST: Denies each and every allegation set forth in paragraph “213” of the
plaintiffs’ Verified Cornplaini and respectfully refers all questions of law to this Honorable
Court.
ANSWERING THE TENTH CAUSE OF ACTION:
GROSS NEGLIGENCE
FORTY-SECOND: The answering defendant responding to paragraph “214” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “213” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
FORTY-THIRD: Denies having knowledge or information sufficient to form a belief
as to the truth of the allegations set forth in paragraphs “215”, “216”, “217”, “218”, “219”,“220” (1-2); “221” and “222” of plaintiffs’ Verified Complaint, and respectfully refers all
questions of law to this Honorable Court.
ANSWERING THE ELEVENTH CAUSE OF ACTION:
LOSS OF SERVICES
FORTY-FORTH: The answering defendant responding to paragraph “223” of the
plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth
in response to paragraphs “1” through “222” of the Verified Complaint with the same full force
and effect as if more fully set forth at length herein.
FORTY-FIFTH: Denies having knowledge or information sufficient to form a betief as
to the truth of the allegations set forth in paragraph “224” of plaintiffs’ Verified Complaint, and
respectfully refers all questions of law to this Honorable Court.
FORTY-SIXTH: Denies each and every allegation set forth in paragraphs “225 and
“226” of the plaintiffs’ Verified Complaint.
AS AND FOR. A DEFENSE
FORTY-SEVENTH: That the answering defendant, if found to be at all liable, is
entitled to a limitation of that liability pursuant to Article 16 of the CPLR.
FORTY-EIGHTH: That whatever injuries the plaintiffs may have sustained at the
time and place mentioned in the Verified Complaint were caused in whole or in part or
contributed to by the culpable conduct of the plaintiff.
AS AND FOR A SECOND AFFIRMATIVE DEFENSE
FORTY-NINTH: That all causes of action based upon lack of informed consent are
barred by the applicable provisions of Section 2805-d of the Public Health Law.AS AND FOR A THIRD AFFIRMATIVE DEFENSE
FIFTIETH: That the answering defendant demands that any award to plaintiff be
reduced by amounts that have been or will be reimbursed by collateral sources, pursuant to §
4545(a) of the Civil Practice Law and Rules.
AS AND FOR A FOURTH AFFIRMATIVE DEFENSE,
FIFTY-FIRST: Plaintiff xxxxxx xxxxxxxx’S individual cause(s) of action are
barred by the applicable statutes of limitations.
WHEREFORE, defendant, RICHARD PITCH, M.D., demands judgment
dismissing the Verified Complaint of the plaintiffs herein together with the cosis and
disbursements of this action.
Dated: Mineola, New York
December 10, 2012
Yours, etc.,
LAW OFFICES OF
MITSHELL J. ANGEL, PLLC
by: be a
IGELA FABIANO
Attorneys for Defendant
RICHARD PITCH, M.D.
170 Old Country Road
Suite 210
Mineola, NY 11501
(516) 741-3900
TO: NAPOLI BERN RIPKA SHKOLNIE, LLP
Attorneys for Plaintiff
350 5" Avenue-Suite 7413
New York, NY 10118
(212) 267-3700
10VERIFICATION
: STATE OF NEW YORK)
i )ss:
t COUNTY OF NASSAU )
ANGELA FABIANO, an attorney admitted to practice in the State of New York,
affirms the following: I am a partner in the firm of LAW OFFICES OF MITCHELL J.
ANGEL, PLLC, the attorneys for defendant, RICHARD PITCH, M.D., in the within action; |
have read the foregoing Answer to Verified Complaint and know the contents thereof; the same
is true to my own knowledge, except as to the matters therein stated to be alleged on
| information and belief, and as io those matters I believe it to be true. The reason this
Verification is made by me and not by the defendant is that the defendant is not in the county
i wherein your affirmant maintains her office. The grounds of my belief as to all matters not
stated upon my own knowledge are material and information maintained in litigation files.
| (yee Pbsone
ANGELA FABIANO
Dated: Mineola, New York
December 10, 2012j
i
i
i
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
-seessensninntnin iene inns aeeinnininensnasninit iene amnei, Xx
xxxxxx xxxxxxxx on behalf of xxxxx
xxxxxxxx, an Infant under the age of 18, and
xxxxxx xxxxxxxx Individually,
Index No.: 026910/12
Plaintiffs, AFFIDAVIT OF
SERVICE
-against-
RONALD J. TADEO, M.D., RICHARD PITCH,
M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,,
Defendants.
ee ene nen nee nnn nema anata nnn nena x
STATE OF NEW YORK )
)ss:
COUNTY OF NASSAU )
JANINE NARO, being duly sworn, deposes and says:
Jam not a party to this action, I am over 18 years of age and reside in Franklin Square,
New York. . On December 10, 2012, I served copies of the within Answer to Verified
Complaint upon the following:
NAPOLI BERN RIPKA SHKOLNIK, LLP
Attormeys for Plaintiff
350 5" Avenue-Suite 7413
New York, NY 10118by e-filing a true copy thereof with the New York State Courts Electronic Filing System
(CNYSCEF”) addressed to each of the above persons.
Zoascee les?
7 JANINE NARO
o before me this
of December, 2012
FLORENCE D, McCALLISTER
“otary Public, State of New York
Na. 01 MC5050129 y
Qualified in Nassau Coun
“ommission Expires 10/02/99 1 3ee
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No. 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx
xxxxxxxx, an Infant under the age of 18, and
xxxxxx xxxxxxxx Individually,
Plaintiff,
-against-
RONALD J. TADEO, M.D., RICHARD PITCH,
M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND,
BERLIN OBGYN ASSOCIATES, JANSSEN
PHARMACEUTICALS, INC, k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC. and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
ANSWER TO VERIFIED COMPLAINT
LAW OFFICES OF
MITCHELL J. ANGEL, PLLC.
Attorneys for: Richard Pitch, M.D.
170 Old Country Road, Suite 210
MINEOLA, NEW YORK 11501
(516) 741-3900
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| (FILED: COUNTY CLERK 12/10/2012) INDEX NO. 026910/4012 i NYSCEF DOC. NO}} 17 RECEIVED NYSCEF: 12/10/4012 ! SUPREME COURT OF THE STATE OF NEW YORK | COUNTY OF SUFFOLK FD attra ie ania ninin nnn nanatininmntnn X | xxxxxx xxxxxxxx on behalf ef xxxxx i xxxxxxxx, an Infant under the age of 18, and i xxxxxx xxxxxxxx Individually, | Index No.: 026910/12 : Piaintiffs, VERIFIED ANSWER t -against- RONALD J. TADEO, M.D., RICHARD PITCH, : M.D, SCOTT BERLIN, M.D., SHORE PSYCHIATRIC | CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, | BERLIN OBGYN ASSOCIATES, JANSSEN | PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC, and ZYDUS PHARMACEUTICALS USA, INC., Defendants, En antec eeenitnstnet taint eimnsetnttenue nr eantienteetnanes nett xX PLEASE TAKE NOTICE, that the defendant, RICHARD PITCH, M.D., by his attomeys, the LAW OFFICES OF MITCHELL J. ANGEL, PLLC, answering the Verified Complaint, sets forth upon information and belief as follows: ANSWERING “THE PARTIES” FIRST: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “1”, “2”, “3”, “4”, “5”, “6”, “7”, “8”, “9”, “10”, “Ty, “13”, “14”, “15”, “21”, “22”, “23”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “34”, 35", “46", “47”, “49”, “54”, “58”, “64, “67°, “72”, 78”, “79” and “80” of the plaintiffs’ Verified Complaint. SECOND: Denies the allegations in the form alleged as contained in paragraph “12” of the plaintiffs’ Verified Complaint, except admits that Dr. PITCH was a psychiatrist dulylicensed by the State of New York and respectfully refers all questions of law to this Honorable Court. THIRD: Denies the allegations in the form alleged as contained in paragraphs “16”, “17", “1g, “19” and “20” of the plaintiffs’ Verified Complaint, except admits that Dr. PITCH is affiliated with FAMILY PSYCHOLOGY OF LONG ISLAND and respectfully refers all questions of law to this Honorable Court. FOURTH: Denies the allegations in the form alleged as contained in paragraphs “33”, “36”, “37”, “38”, “39” and “56”, of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. FIFTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “40”, “41”, “42”, “43”, “44”, “45”, “48”, “50”, “51”, “52”, “53, “55”, “57”, “59”, “60”, “61”, “62”, “63”, “65”, “66”, “68”, “69”, °70” and “71” (a-q) of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. SIXTH: Denies each and every allegation set forth in paragraph “73”, “74”, “75” and “76” of the plaintiffs’ Verified Complaint. SEVENTH: Denies each and every allegation set forth in paragraph “77” of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE FIRST CAUSE OF ACTION: MEDICAL MALPRACTICE EIGHTH: The answering defendant responding to paragraph “81” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth inresponse to paragraphs “1” through “80” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. NINTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “82”, “83”, “84”, “85”, “86”, “87", “88”, “89”, “90”, “91", “92”, “93”, “94, “95”, “967, “L117, “112, “113”, “114”, “115%, 116", “117”, 118", “119%, “120”, “121”, “122”, “123” and “124”, of the plaintiffs’ Verified Complaint. TENTH: Denies the allegations in the form alleged as contained in paragraphs “97”, “9g”, “99”, and “100” of the plaintiffs’ Verified Complaint, except admits that Dr. PITCH rendered psychiatric care and treatment to the piaintiff, within acceptable standards, from on or about November 2009 to on or about October 2011 and various dates in between and respectfully refers all questions of law to this Honorable Court. ELEVENTH: Denies each and every allegation set forth in paragraphs “101”, “125”, “126”, “127”, “128”, “129”, “130”, “131”, “132” and “133” of the plaintiffs’ Verified Complaint. TWELFTH: Denies the allegations in the form alleged as contained in paragraphs “103”, “104”, “105”, and “106” of the plaintiffs’ Verified Complaint, except admits that Dr. PITCH rendered psychiatric care and treatment to the plaintiff at all times within acceptable standards, and respectfully refers all questions of law to this Honorable Court. THIRTEENTH: Denies the allegations in the form alleged as contained in paragraphs “107”, “108”, “109”, and “110” of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. ANSWERING THE SECOND CAUSE OF ACTION: LACK OF INFORMED CONSENT FOURTEENTH: The answering defendant responding to paragraph “134” of the plaintiffs’ Verified Complaint, repeats and realleges cach and every response or denial set forth 3in response to paragraphs “!” through “133” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. FIFTEENTH: Denies each and every allegation set forth in paragraphs “135”, “136”, “137, “138”, “139”, “140”, “141” and “142” of the plaintiffs’ Verified Complaint. ANSWERING THE THIRD CAUSE OF ACTION: VICARIOUS LIABILITY SIXTEENTH: The answering defendant responding to paragraph “143” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “142” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. SEVENTEENTH: Denies each and every allegation set forth in paragraphs “144”, “145”, “146”, “147”, “148”, “149”, “150”, “151” and “152” of the plaintiffs’ Verified Complaint. ANSWERING THE FOURTH CAUSE OF ACTION: STRICT PRODUCT LIABILITY EIGHTEENTH: The answering defendant responding to paragraph “153” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “152” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. NINETEENTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “154”, “155”, “157”, “158”, “159”, “160”, “161” (a-l), “162”, “163” (a-g), “164”, “165”, “166” and “167” of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court.| TWENTIETH: Denies the allegations in the form alleged as contained in paragraph “156”, of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. TWENTY-FIRST: Denies cach and every allegation set forth in paragraph “168” of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE FIFTH CAUSE OF ACTION: NEGLIGENCE TWENTY-SECOND: The answering defendant responding to paragraph “169” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “168” of the Verified Complaint with the same full foree and effect as if more fully set forth at length herein. 'TWENTY-THIRD: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “170”, “171”, “172”, “173”, “174” (a- z), “175”, “176” and “177° of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. TWENTY-FOURTH: Denies each and every allegation set forth in paragraph “178” of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE SIXTH CAUSE OF ACTION: NEGLIGENT DESIGN. TWENTY-FIFTH: The answering defendant responding to paragraph “179” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “178” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein.TWENTY-SIXTH: Denies having knowledge or information sufficient to form a belief as to the truth of the alfegations set forth in paragraphs “180”, “181” and “182” (a-i) of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. TWENTY-SEVENTH: Denies each and every allegation set forth in paragraph “183” of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE SEVENTH CAUSE OF ACTION: FRAUD, MISREPRESENTATION AND SUPPRESSION TWENTY-EIGHTH: The answering defendant responding to paragraph “184” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “183” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. TWENTY-NINTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “185”, “186”, “187”, “188”, “189” (1- 4); “190”, “191”, “192”, “193” and “194” of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. THIRTIETH: The answering defendant neither admits nor denies the allegations set forth in paragraph “195” of the plaintiff's Verified Complaint, as they invofve speculation and are not proper allegations of fact. THIRTY-FIRST: Denies the allegations in the form alleged as contained in paragraph “196” of the plaintiffs’ Verified Complaint, and respectfully refers afl questions of Jaw to this Honorable Court.i 1 THIRTY-SECOND: Denies each and every allegation set forth in paragraph “197” of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable Court. ANSWERING THE EIGHTH CAUSE OF ACTION: CONSTRUCTIVE FRAUD THIRTY-THIRD: The answering defendant responding to paragraph “198” of the plaintiffs’ Verified Coraplaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “197” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. THIRTY-FOURTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “199”, “200”, “201” and “203” of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. THIRTY-FIFTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraph “202” of plaintiffs’ Verified Complaint, as they pertain to the TOPIRAMATE defendants; denies the allegations in the form alleged as they pertain to this answering defendant, and respectfully refers all questions of law to this Honorable Court. THIRTY-SIXTH: Denies the allegations in the form alleged as contained in paragraph “204” of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. THIRTY-SEVENTH: Denies each and every allegation sct forth in paragraph “205” of the plaintiffs’ Verified Complaint and respectfully refers all questions of law to this Honorable Court.ANSWERING THE NINTH CAUSE OF ACTION: BREACH OF EXPRESS AND IMPLIED WARRANTIES THIRTY-EIGHTH: The answering defendant responding to paragraph “206” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “205” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. THIRTY-NINTH: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “207”, “208”, “209”, “211” and “212” of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. FOURTIETH: Denies the allegations in the form alleged as contained in paragraph “210” of the plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. FORTY-FIRST: Denies each and every allegation set forth in paragraph “213” of the plaintiffs’ Verified Cornplaini and respectfully refers all questions of law to this Honorable Court. ANSWERING THE TENTH CAUSE OF ACTION: GROSS NEGLIGENCE FORTY-SECOND: The answering defendant responding to paragraph “214” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “213” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. FORTY-THIRD: Denies having knowledge or information sufficient to form a belief as to the truth of the allegations set forth in paragraphs “215”, “216”, “217”, “218”, “219”,“220” (1-2); “221” and “222” of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. ANSWERING THE ELEVENTH CAUSE OF ACTION: LOSS OF SERVICES FORTY-FORTH: The answering defendant responding to paragraph “223” of the plaintiffs’ Verified Complaint, repeats and realleges each and every response or denial set forth in response to paragraphs “1” through “222” of the Verified Complaint with the same full force and effect as if more fully set forth at length herein. FORTY-FIFTH: Denies having knowledge or information sufficient to form a betief as to the truth of the allegations set forth in paragraph “224” of plaintiffs’ Verified Complaint, and respectfully refers all questions of law to this Honorable Court. FORTY-SIXTH: Denies each and every allegation set forth in paragraphs “225 and “226” of the plaintiffs’ Verified Complaint. AS AND FOR. A DEFENSE FORTY-SEVENTH: That the answering defendant, if found to be at all liable, is entitled to a limitation of that liability pursuant to Article 16 of the CPLR. FORTY-EIGHTH: That whatever injuries the plaintiffs may have sustained at the time and place mentioned in the Verified Complaint were caused in whole or in part or contributed to by the culpable conduct of the plaintiff. AS AND FOR A SECOND AFFIRMATIVE DEFENSE FORTY-NINTH: That all causes of action based upon lack of informed consent are barred by the applicable provisions of Section 2805-d of the Public Health Law.AS AND FOR A THIRD AFFIRMATIVE DEFENSE FIFTIETH: That the answering defendant demands that any award to plaintiff be reduced by amounts that have been or will be reimbursed by collateral sources, pursuant to § 4545(a) of the Civil Practice Law and Rules. AS AND FOR A FOURTH AFFIRMATIVE DEFENSE, FIFTY-FIRST: Plaintiff xxxxxx xxxxxxxx’S individual cause(s) of action are barred by the applicable statutes of limitations. WHEREFORE, defendant, RICHARD PITCH, M.D., demands judgment dismissing the Verified Complaint of the plaintiffs herein together with the cosis and disbursements of this action. Dated: Mineola, New York December 10, 2012 Yours, etc., LAW OFFICES OF MITSHELL J. ANGEL, PLLC by: be a IGELA FABIANO Attorneys for Defendant RICHARD PITCH, M.D. 170 Old Country Road Suite 210 Mineola, NY 11501 (516) 741-3900 TO: NAPOLI BERN RIPKA SHKOLNIE, LLP Attorneys for Plaintiff 350 5" Avenue-Suite 7413 New York, NY 10118 (212) 267-3700 10VERIFICATION : STATE OF NEW YORK) i )ss: t COUNTY OF NASSAU ) ANGELA FABIANO, an attorney admitted to practice in the State of New York, affirms the following: I am a partner in the firm of LAW OFFICES OF MITCHELL J. ANGEL, PLLC, the attorneys for defendant, RICHARD PITCH, M.D., in the within action; | have read the foregoing Answer to Verified Complaint and know the contents thereof; the same is true to my own knowledge, except as to the matters therein stated to be alleged on | information and belief, and as io those matters I believe it to be true. The reason this Verification is made by me and not by the defendant is that the defendant is not in the county i wherein your affirmant maintains her office. The grounds of my belief as to all matters not stated upon my own knowledge are material and information maintained in litigation files. | (yee Pbsone ANGELA FABIANO Dated: Mineola, New York December 10, 2012j i i i SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK -seessensninntnin iene inns aeeinnininensnasninit iene amnei, Xx xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an Infant under the age of 18, and xxxxxx xxxxxxxx Individually, Index No.: 026910/12 Plaintiffs, AFFIDAVIT OF SERVICE -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC.,, Defendants. ee ene nen nee nnn nema anata nnn nena x STATE OF NEW YORK ) )ss: COUNTY OF NASSAU ) JANINE NARO, being duly sworn, deposes and says: Jam not a party to this action, I am over 18 years of age and reside in Franklin Square, New York. . On December 10, 2012, I served copies of the within Answer to Verified Complaint upon the following: NAPOLI BERN RIPKA SHKOLNIK, LLP Attormeys for Plaintiff 350 5" Avenue-Suite 7413 New York, NY 10118by e-filing a true copy thereof with the New York State Courts Electronic Filing System (CNYSCEF”) addressed to each of the above persons. Zoascee les? 7 JANINE NARO o before me this of December, 2012 FLORENCE D, McCALLISTER “otary Public, State of New York Na. 01 MC5050129 y Qualified in Nassau Coun “ommission Expires 10/02/99 1 3ee SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an Infant under the age of 18, and xxxxxx xxxxxxxx Individually, Plaintiff, -against- RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, JANSSEN PHARMACEUTICALS, INC, k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC. and ZYDUS PHARMACEUTICALS USA, INC., Defendants. ANSWER TO VERIFIED COMPLAINT LAW OFFICES OF MITCHELL J. ANGEL, PLLC. Attorneys for: Richard Pitch, M.D. 170 Old Country Road, Suite 210 MINEOLA, NEW YORK 11501 (516) 741-3900