Preview
INDEX NO. 026910/2012
(FILED: SUFFOLK COUNTY CLERK 1170972012)
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/09/2012
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
peer eee e een n nnn n enn enn enn n renee nen n een n nee e reer eee ee rere rer ececece Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx
xxxxxxxx, an infant under the age of 18, and xxxxxx DEMAND FORA
xxxxxxxx, Individually, VERIFIED BILL OF
Plaintiffs, PARTICULARS
-against- 0/B/O RONALDJ.
TTADDEO, M.D. S/H/A
RONALD J. TADEO,
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
M.D. AND SHORE
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
PSYCHIATRIC CENTER
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES,
HANSSEN PHARMACEUTICALS, INC. k/n/a
ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS,
INC., and ZYDUS PHARMACEUTICALS USA, INC.,
Defendants.
see e manne sneeenunenncnnenmencrnerererrsersrererracsreructenseteeseons
SIRS
PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043,
and Sections 3044 and 4545 of the Civil Practice Law and Rules, you are hereby
required to serve a Verified Bill of Particulars upon the undersigned within twenty
(20) days after receipt of this Demand as to the following items:
The dates and approximate times of the day of the alleged negligent
L
acts and/or omissions which will be alleged against the answering defendant(s)
herein.
The approximate location of the alleged negligent
2 acts and/or
omissions charged against the answering defendant(s) herein.
3. A general statement of the acts or omissions constituting the
negligence and/or malpractice alleged against the answering defendant.
4 Where notice of a condition is a prerequisite, whether actual or
constructive notice is claimed.
5. If actual notice is claimed, a statement of when and to whom it was
given.
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP }
6. State
(a) The injuries the plaintiff suffered as a result of the alleged
negligence and/or malpractice of the answering defendant(s)
(b) Set forth which injuries are claimed to be permanent and in
what respect they are claimed to be permanent.
7 State whether or not any claim is made as to improper or defective
equipment and, if so, identify the equipment and state the defective conditions
8 State the length of time the plaintiff was confined to each of the
following
(a) Bed,
(b) House;
©) Hospital
9 State separately the total amounts claimed by the plaintiff as special
damages for each of the following:
(a) Physicians’ services, with names and addresses of physicians;
(b) Nurses’ services;
(©) Medical supplies;
(d) Hospital expenses, with the names and addresses of all hospitals;
(e) Loss of earnings;
© Any other expenses.
10 If plaintiff received reimbursement or indemnification for any of the
special damages set forth in response to item Hg” above or if payment of such bills or
damages was made on the plaintiff's behalf, state:
(a) The amounts for which the plaintiff was reimbursed or
indemnified, or payment of which was made on plaintiff's
behalf,
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP }
(b) The services for which such amounts were reimbursed or
indemnified, or for which payment was made on plaintiff's
behalf;
(©) The source or sources of such reimbursement, indemnification
or payment.
IL, State:
(a) Occupation of the plaintiff.
(b) Name and address of plaintiff's employer; if self-employed, state
the address of his/her place of employment and the type of
business or occupation in which he was engaged immediately
prior to the occurrence.
(©) The length of time plaintiff was unable to attend to his
employment.
(d) The amount of money plaintiff was alleged to have earned
during the year prior to the occurrence.
(e) The amount of earnings the plaintiff was alleged to have lost as
a result of the occurrence.
12. State the date of birth of the plaintiff(s).
13; State the residence address of the plaintiff(s).
14 Set forth the Social Security Number of the plaintiff(s).
15; If it will be claimed that the defendant performed or undertook any
part of the treatment without the patient's informed consent, set forth the following:
(a) The risks of the procedure and/or treatment known to the
patient before it was performed.
(b) The information concerning the risks imparted to the patient by
the defendant.
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP }
©) The information concerning the risks imparted to the patient by
the other physicians.
(d) Any assurances provided to the defendant or others by the
patient to the effect that the patient wanted the procedure
and/or treatment performed regardless of the risks or that the
patient did not want to be informed of the risks by the
defendant.
() The circumstances making it reasonably possible for the
defendant to obtain consent by or on behalf of the patient.
® The additional information, if any, which the defendant should
have provided the patient concerning the procedure and/or
treatment.
16, If the plaintiff is claiming that defendant breached a contract, set
forth:
(a) The date of the contract.
(b) Whether the contract was written or oral.
(c) If oral;
(2) Set forth the name or names of the person(s) with whom
plaintiff claims to have entered into said contract.
2) Set forth the terms of the contract.
(d) If written, annex a copy of the contract.
(e) State the amount of said contract.
(f) If said amount was paid by check, annex a copy of the check.
(g) If said amount was paid by cash, annex a copy of any receipt(s)
(h) Set forth the amount of actual damages alleged to have been
sustained as a result of the alleged breach of contract.
(i) Set forth how said monetary damages are computed.
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP }
IN THE EVENT of your failure to comply with this Demand for a Verified
Bill of Particulars within twenty (20) days, a motion will be made for an Order
precluding you from offering any evidence at the trial of this action with respect to
the foregoing demands.
Dated: Uniondale, New York
November 9, 2012
Yours, et
BOWERLAW P.
By:
Anima . Monte, Esq.
Attorn 's for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 1s56
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 5" Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ee etenesdeverrenernerceeeranrnsrecnenetnnteneereedeeensuerserorunenee INDEX NO.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, NOTICE OF
Individually, DEPOSITION
Plaintiffs,
-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, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
sewanerenmewkeernemenerererenerereenerrerererrercrerrrencereeewenann,
SIRS
PLEASE TAKE NOTICE, that we will take the deposition of the following
parties or persons, before a Notary Public not affiliated with any of the parties or
their attorneys, on all relevant and material issues, as authorized by Article 31 of the
CPLR:
Plaintiffs, xxxxxx xxxxxxxx and xxxxx xxxxxxxx
DATE: December 18, 2012
TIME: 10:00 a.m.
PLACE: Office of BOWER LAW P.C.
1220 RXR Plaza, Uniondale, New York 11556.
PLEASE TAKE FURTHER NOTICE, that the persons to be examined are
required to produce all books, records and papers in their custody and possession that
may be relevant to the issues herein.
Dated: Uniondale, New York
November 9, 2012
{G:/CASES/xxxxxxxx-C/LEGAL/NOTICE/Notice of Deposition }
Yours,
BOW LAW PC
By
Anfna{H. Monte,
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 1556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 5" Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/NOTICE/Notice of Deposition }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
peer er ere eer e ener eeenn nn nn ne enna en nnn nee nee nnn eete nnn e ee eene een nnenee Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR
Individually, NAMES OF
Plaintiffs, ATTORNEYS
-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, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
seecereresssnasrccdsccssenearsdcsoeteaanerercererdceernenatsssteaunden
SIRS
PLEASE TAKE NOTICE, that pursuant to Rule 2103 (e) of the CPLR, you
are hereby required to serve upon BOWER LAW P.C. attorneys for the defendants
within ten (10) days of joinder of issue a list of those who appear in this action and
the names and addresses of their attorneys.
Dated: Uniondale, New York
November 9, 2012
Yours, etc.
BOWH#R LAW P.C.
By
AnirajH. Monte, Es
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 st Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
weannwameneantuedenetnersuoustrcerebredenseeerencereererreeetewer
eee Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually, DEMAND FOR
Plaintiffs, EXPERT WITNESS
-against- INFORMATION
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
peer en eneeer ere ccceeee rere re reneen enna cnnnne rece neneereencennnncceees,
SIRS
PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant
to CPLR Section 3101(d) to produce:
(a) The name(s) of any and all persons plaintiff expects to call as expert
witnesses at the time of trial of the above captioned action, and
(b) A detailed written statement as to:
i The subject matter on which each expert is expected to testify;
iL The substance of the facts and opinions on which each expert is
expected to testify;
iii. The qualifications of each expert witness including dates of
graduation from medical school, residency and fellowship; and
iv. A summary of the grounds for each expert's opinion.
PLEASE TAKE FURTHER NOTICE, that failure to comply with the said
demand within twenty (20) days from the date herein will result in a motion for
appropriate relief.
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
Dated: Uniondale, New York
November 9, 2012
Yours,
BOW LAW P.
By
Anping H. Monte, Esq.
torheys for Defenda
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 s* Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
errenecerecercerceercererenrercrercesmnnnererereeneesnmeuneseeenanaen Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually, DEMAND FOR
Plaintiffs, COLLATERAL
-against- SOURCE
INFORMATION
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
SIRS
PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant
to CPLR 4545 to produce and permit the undersigned attorneys to inspect and copy
the contents of:
(a) Each and every collateral source of payment, including but not limited to
insurance agreements (except life insurance), Social Security (except those benefits
provided under Title XVIII of the Social Security Act), Workers' Compensation or
employee benefit programs (except such collateral sources entitled by law to liens
against any recovery of the plaintiff), and any other collateral source of payment for
past or future costs or expenses alleged to have been incurred by the plaintiff(s) and
for which recovery is sought in the instant action, and
(b) A written statement setting forth any and all such collateral sources and
their amounts.
PLEASE TAKE FURTHER NOTICE, that failure to produce said collateral
sources of payment at the offices of the undersigned within twenty (20) days from
the date herein, will result in a motion for appropriate relief.
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
Dated: Uniondale, New York
November 9, 2012
Yours, et
BOWER LAW P.C
By
Anifia . Monte, Esq.
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
D, AND SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 1556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 5‘ Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
ee cc cece cece eeeneeeeerarcereerececceeeerercerereeeeceeennnnnenennene Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR
Individually, DOCUMENTS
Plaintiffs, AND STATEMENTS
-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, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
peer cece reer e eee e ener erence renee errr een e nee n enn en een eenneeeennnne
SIRS
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e), you are hereby
required to produce and permit discovery by the attorneys for defendant(s) of the
following documents, stafenient and things for inspection at the offices of BOWER
LAW P.C. within twenty (20) days after receipt of this Notice.
1. All writings and/or documents made by the defendant its agents, servants,
or employees, including but not limited to bills, records, reports, correspondence,
notes, insurance forms, prescriptions and any other memorandum in the possession
or control of plaintiffs or their representatives and/or attorneys.
2. Any and all original statements made by the defendant its agents, servants
or employees to plaintiffs, their agents, servants or representatives.
3. With respect to any statements made by the defendant, its agents, servants
or employees which were not reduced to writing, state the names and addresses of
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
each and every individual who spoke, discussed or otherwise communicated with the
defendant together with any notes or memoranda made by such individuals with
respect to each such conversation, discussion or review
Said inspection may also be made by means of furnishing photocopies within
twenty (20) days after receipt of this Notice
PLEASE TAKE FURTHER NOTICE, that defendant will object to the
introduction of any mentioned documents, statements or things in evidence at trial
if plaintiffs fail to comply with this Notice of Discovery and Inspection
Dated: Uniondale, New York
November 9, 2012
Yours,
BOWEK LAW P.C
By
Monte, Esq
Aftorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
3505" * Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
pec e eee rece eee e eee r eee e rete reece nee e nee e renee ne enn ne eecnnnnnnene Index No: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR
Individually, WITNESS NAMES
Plaintiffs,
-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, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
SIRS
PLEASE TAKE NOTICE, that pursuant to Rule 3101, et_seq. of the Civil
Practice Law and Rules, BOWER LAW P.C., attorneys for the defendant hereby
demand that you set forth in writing and under oath, within twenty (20) days of the
service of this demand upon you, the name and address of each person known by
you or your client to be a witness to the following:
1. The injuries and/or medical conditions alleged in the Verified
Complaint; or,
2. Any negligence and/or carelessness in services, treatment, procedures,
and/or practices rendered to the plaintiff which allegedly caused the injuries and/or
medical conditions alleged in the Verified Complaint; or
3. Any failure to obtain informed consent of the plaintiff; or,
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
4. Any persons having knowledge with respect to any conversations,
communications or writings with respect to the injuries and/or medical conditions
referred to in the Verified Complaint; or,
5. Any persons having knowledge with respect to any items of special or
general damages asserted by plaintiff in the within action.
If you are unaware of any witnesses at this time, so state in the reply to this
demand.
PLEASE TAKE FURTHER NOTICE, that this demand shall be considered
continuous during the pendency of the within action, and should the parties whom
you represent, or their representatives learn the identity of any such witness as
aforedescribed, the undersigned demands that the name and address of such witness
be provided, pursuant to Rule 31o1(a) of the Civil Practice Law and Rules and,
further, that the undersigned will object, upon trial, to the testimony of any witness
not so identified.
Dated: Uniondale, New York
November 9, 2012
Yours,
BOW. LAW P.C.
By
Anjna . Monte, Esq,
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 s* Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
mercereennternmrererereeerenrercccnerinecrcrereercereroeieenuemmmnene Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR
Individually, MEDICAL
Plaintiffs, INFORMATION
-against- AND REPORTS
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
SIRS
PLEASE TAKE NOTICE, that you are hereby required to serve upon
BOWER LAW P.C., attorneys for defendant(s) within (20) days after receipt of this
demand, the following:
L Copies of all medical reports of those doctors and other licensed
professional persons who have treated and/or examined the plaintiff with respect to
the claimed injuries and medical conditions. The reports shall include a detailed
recital of said injuries and conditions as to which testimony will be offered at the
trial, referring to and identifying those x-rays and other reports which will be
offered, or testified to, at the trial.
2. Duly executed and acknowledge written authorizations permitting
BOWER LAW P.C., to obtain photostatic copies and have full disclosure of all such
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
records comprising medical treatment rendered to plaintiff before, during and after
the claimed malpractice.
PLEASE TAKE FURTHER NOTICE, that upon your failure to comply
herewith, plaintiff will be precluded at the trial of this action from offering in
evidence any part of the hospital records or records of other facilities, medical
reports, x-ray reports or other technicians’ reports not made available, nor will the
Court hear the testimony of any physicians or other licensed professional persons
whose reports have not been served pursuant to this demand.
Dated: Uniondale, New York
November 9, 2012
Yours, tC.
BOWER LAW PC.
By
Anina H. Monte, Es
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O, Address
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 5 Avenue, Suite 7413
New York, NY 10118
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Faiitanenainidunsnnaaciiddiantdtdddadsmemiantatddtiididsctibtii
sts STAID Index No.: 026910/12
xxxxxx xxxxxxxx onbehalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR
Individually, PHOTOGRAPHS
Plaintiffs,
-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, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
mn wnnennecnnesadased
iia adid IGTISITAII TAS TTLAIT ACTED SER TO SERRE CREATES!
SIRS
PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the
undersigned demands that you produce within twenty (20) days any and all
photographs in the possession custody or control of the plaintiff or the plaintiff's
representatives depicting any of the injuries which are alleged in the complaint. If
no such photograph is in the possession, custody or control of the plaintiff or the
plaintiff's representatives, then so state under oath in reply to this Demand.
Dated: Uniondale, New York
November 9, 2012
Yours, e'
BOWER LAW P.C.
By
Aginal H. Monte, Es:
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 5‘ Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
eeeeeeneee eee nececeee reece ccerer ener enn e ne cececn nnn nnennneeneencnnnee Index No: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, NOTICE OF
Individually, DISCOVERY &
Plaintiffs, INSPECTION OF
-against- EMPLOYMENT
RECORDS/INCOME
RONALD J. TADEO, M.D., RICHARD PITCH, M.D., TAX RETURNS
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
pannaeersnsaneansanacenandsdddcsdstebeceedcenarandanereaeemimeunEmsuae,
SIRS
PLEASE TAKE NOTICE, that the plaintiff is required to produce for
discovery, inspection and copying by counsel for defendant, the following:
1 The names and address of all institutions, firms, corporations,
partnerships, persons or others by whom the decedent was employed by or from
whom the decedent received salary and/or income benefits for the past five (5) years
prior to decedent’s demise.
2 Duly executed authorizations to permit BOWER LAW P.C., to obtain
the records of the aforesaid with respect to the decedent’s earnings, positions, title,
working capacity, record of attendance, record of illness and employment status.
3 In the event that the decedent was self-employed, an independent
contractor, employed by relatives, or in the presence of any other special
circumstances, it is demanded that the plaintiff provide duly executed authorizations
to permit he defendant to obtain copies of any and all federal, state and city income
tax returns for the years specified in item 1, and it is further demanded that the
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
plaintiff produce for copying and inspection all W-2 forms for the years specified in
item 1.
PLEASE TAKE FURTHER NOTICE, that said discovery, inspection and
copying is to take place at the offices of the undersigned, 1220 RXR Plaza, Uniondale,
NY, within 20 days of the date herein, by 10:00 o'clock in the forenoon.
Dated: Uniondale, New York
November 9, 2012
Yours, fetc.
BOWER LAW P.C.
By:
An : Monte, Esq.
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
Office & P.O. Address
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
350 5‘ Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
wiiiepananditsdidicnateduaicdiddtTATCISIDTITIGATID
II RTE TATA DTOAIES Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx,
Individually, No FAX DEMAND
Plaintiffs,
-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, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
SIRS
PLEASE TAKE NOTICE, that pursuant to CPLR g 2103(s) the office of the
undersigned will not accept service of papers by facsimile (FAX) transmittal or
other electronic means.
Dated: Uniondale, New York
November 9, 2012
Yours, et
BOWER LAW P.C.
By
Anjnd H. Monte, Esq,
Attorneys for Defendants
RONALDJ. TADDEO, M.D. S/H/A
RONALDJ. TADEO, M.D. AND
SHORE PSYCHIATRIC CENTER
1220 RXR Plaza
Uniondale, NY 11556
(212) 599-0900/(516) 881-4380
TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP
Attorneys for Plaintiffs
50 st Avenue, Suite 7413
New York, NY 1018
(212) 267-3700
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
miidetnekeneerersersrereerenrerer
cree erence rreererereenesannnnennaenan, Index No.: 026910/12
xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx,
an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR
Individually, ECONOMIC
Plaintiffs, EXPERT
-against- INFORMATION
RONALD J. TADEO, M.D., RICHARD PITCH, M.D.,
SCOTT BERLIN, M.D., SHORE PSYCHIATRIC
CENTER, FAMILY PSYCHOLOGY OF LONG
ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN
PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-
JANSSEN PHARMACEUTICALS, INC., and ZYDUS
PHARMACEUTICALS USA, INC.,
Defendants.
pec e cree reece renee rere n eee e ene nen eee e nnn e nnn ne eee n nn nnnene er enenee,
SIRS
PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), it is demanded
that you respond to following:
1 If you expect to call an economist or actuary, state:
(a) A specific description of the losses for which such calculations
will be made (ie., present value of the loss of future earnings,
present value of loss of second job earnings, present value of
future medical expenses, etc.);
(b) The undiscounted amount of such loss;
(©) The present value of the dollar amount of such loss;
(d) The discount rate applied by such persons to determine present
value and the reason for such rate;
(e) The number of years involved in such discounting process and
the opinions and facts on which the economist bases the
determination of that number of years;
{G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands }
(f) With regard to testing concerning growth of future income on
an annual or other basis at a projected rate of income greater
than the income earned by the plaintiff when last employed,
state the growth rate for such income as estimated by such
person, the opinions and facts on which that estimate is based,
and specify the publication and location by the defendant;
(g) Specify each factor other than those which have been noted
above, which the person has used in calculating the net amount
of the present value of the loss and identify specifically the
source material and page number on which such person bases his
opinion or draws the facts on which he relied;
(h) With regard to any information secured from any text,
publication, graph, chart or study other than as already
designated specify such source material and page numbers;
(i) In detail, state precisely the manner in which the person reached
his or her conclusions, showing the mathematical calculations
involved;
@ With regard to any report, memoranda, or any other matter in
writing showing in whole or in part the expert's conclusions or
the facts upon which such conclusions were based, state the date
of such writing and the names and addresses of person(s) having
copies of it.
This notice is a continuing demand for the information requested concerning
an expert's testimony at trial. Failure to comply with demand shall be grounds upon
which to preclude you from introducing the expert's testimony at trial for such
expert whose name, qualifi
Preview
INDEX NO. 026910/2012 (FILED: SUFFOLK COUNTY CLERK 1170972012) NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 11/09/2012 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK peer eee e een n nnn n enn enn enn n renee nen n een n nee e reer eee ee rere rer ececece Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx DEMAND FORA xxxxxxxx, Individually, VERIFIED BILL OF Plaintiffs, PARTICULARS -against- 0/B/O RONALDJ. TTADDEO, M.D. S/H/A RONALD J. TADEO, RONALD J. TADEO, M.D., RICHARD PITCH, M.D., M.D. AND SHORE SCOTT BERLIN, M.D., SHORE PSYCHIATRIC PSYCHIATRIC CENTER CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL-JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. see e manne sneeenunenncnnenmencrnerererrsersrererracsreructenseteeseons SIRS PLEASE TAKE NOTICE, that pursuant to Section 3041, Rules 3042 and 3043, and Sections 3044 and 4545 of the Civil Practice Law and Rules, you are hereby required to serve a Verified Bill of Particulars upon the undersigned within twenty (20) days after receipt of this Demand as to the following items: The dates and approximate times of the day of the alleged negligent L acts and/or omissions which will be alleged against the answering defendant(s) herein. The approximate location of the alleged negligent 2 acts and/or omissions charged against the answering defendant(s) herein. 3. A general statement of the acts or omissions constituting the negligence and/or malpractice alleged against the answering defendant. 4 Where notice of a condition is a prerequisite, whether actual or constructive notice is claimed. 5. If actual notice is claimed, a statement of when and to whom it was given. {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP } 6. State (a) The injuries the plaintiff suffered as a result of the alleged negligence and/or malpractice of the answering defendant(s) (b) Set forth which injuries are claimed to be permanent and in what respect they are claimed to be permanent. 7 State whether or not any claim is made as to improper or defective equipment and, if so, identify the equipment and state the defective conditions 8 State the length of time the plaintiff was confined to each of the following (a) Bed, (b) House; ©) Hospital 9 State separately the total amounts claimed by the plaintiff as special damages for each of the following: (a) Physicians’ services, with names and addresses of physicians; (b) Nurses’ services; (©) Medical supplies; (d) Hospital expenses, with the names and addresses of all hospitals; (e) Loss of earnings; © Any other expenses. 10 If plaintiff received reimbursement or indemnification for any of the special damages set forth in response to item Hg” above or if payment of such bills or damages was made on the plaintiff's behalf, state: (a) The amounts for which the plaintiff was reimbursed or indemnified, or payment of which was made on plaintiff's behalf, {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP } (b) The services for which such amounts were reimbursed or indemnified, or for which payment was made on plaintiff's behalf; (©) The source or sources of such reimbursement, indemnification or payment. IL, State: (a) Occupation of the plaintiff. (b) Name and address of plaintiff's employer; if self-employed, state the address of his/her place of employment and the type of business or occupation in which he was engaged immediately prior to the occurrence. (©) The length of time plaintiff was unable to attend to his employment. (d) The amount of money plaintiff was alleged to have earned during the year prior to the occurrence. (e) The amount of earnings the plaintiff was alleged to have lost as a result of the occurrence. 12. State the date of birth of the plaintiff(s). 13; State the residence address of the plaintiff(s). 14 Set forth the Social Security Number of the plaintiff(s). 15; If it will be claimed that the defendant performed or undertook any part of the treatment without the patient's informed consent, set forth the following: (a) The risks of the procedure and/or treatment known to the patient before it was performed. (b) The information concerning the risks imparted to the patient by the defendant. {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP } ©) The information concerning the risks imparted to the patient by the other physicians. (d) Any assurances provided to the defendant or others by the patient to the effect that the patient wanted the procedure and/or treatment performed regardless of the risks or that the patient did not want to be informed of the risks by the defendant. () The circumstances making it reasonably possible for the defendant to obtain consent by or on behalf of the patient. ® The additional information, if any, which the defendant should have provided the patient concerning the procedure and/or treatment. 16, If the plaintiff is claiming that defendant breached a contract, set forth: (a) The date of the contract. (b) Whether the contract was written or oral. (c) If oral; (2) Set forth the name or names of the person(s) with whom plaintiff claims to have entered into said contract. 2) Set forth the terms of the contract. (d) If written, annex a copy of the contract. (e) State the amount of said contract. (f) If said amount was paid by check, annex a copy of the check. (g) If said amount was paid by cash, annex a copy of any receipt(s) (h) Set forth the amount of actual damages alleged to have been sustained as a result of the alleged breach of contract. (i) Set forth how said monetary damages are computed. {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP } IN THE EVENT of your failure to comply with this Demand for a Verified Bill of Particulars within twenty (20) days, a motion will be made for an Order precluding you from offering any evidence at the trial of this action with respect to the foregoing demands. Dated: Uniondale, New York November 9, 2012 Yours, et BOWERLAW P. By: Anima . Monte, Esq. Attorn 's for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 1s56 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 5" Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Demand for BP } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ee etenesdeverrenernerceeeranrnsrecnenetnnteneereedeeensuerserorunenee INDEX NO.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, NOTICE OF Individually, DEPOSITION Plaintiffs, -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, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. sewanerenmewkeernemenerererenerereenerrerererrercrerrrencereeewenann, SIRS PLEASE TAKE NOTICE, that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: Plaintiffs, xxxxxx xxxxxxxx and xxxxx xxxxxxxx DATE: December 18, 2012 TIME: 10:00 a.m. PLACE: Office of BOWER LAW P.C. 1220 RXR Plaza, Uniondale, New York 11556. PLEASE TAKE FURTHER NOTICE, that the persons to be examined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. Dated: Uniondale, New York November 9, 2012 {G:/CASES/xxxxxxxx-C/LEGAL/NOTICE/Notice of Deposition } Yours, BOW LAW PC By Anfna{H. Monte, Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 1556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 5" Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/NOTICE/Notice of Deposition } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK peer er ere eer e ener eeenn nn nn ne enna en nnn nee nee nnn eete nnn e ee eene een nnenee Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR Individually, NAMES OF Plaintiffs, ATTORNEYS -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, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. seecereresssnasrccdsccssenearsdcsoeteaanerercererdceernenatsssteaunden SIRS PLEASE TAKE NOTICE, that pursuant to Rule 2103 (e) of the CPLR, you are hereby required to serve upon BOWER LAW P.C. attorneys for the defendants within ten (10) days of joinder of issue a list of those who appear in this action and the names and addresses of their attorneys. Dated: Uniondale, New York November 9, 2012 Yours, etc. BOWH#R LAW P.C. By AnirajH. Monte, Es Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 st Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK weannwameneantuedenetnersuoustrcerebredenseeerencereererreeetewer eee Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, DEMAND FOR Plaintiffs, EXPERT WITNESS -against- INFORMATION RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. peer en eneeer ere ccceeee rere re reneen enna cnnnne rece neneereencennnncceees, SIRS PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR Section 3101(d) to produce: (a) The name(s) of any and all persons plaintiff expects to call as expert witnesses at the time of trial of the above captioned action, and (b) A detailed written statement as to: i The subject matter on which each expert is expected to testify; iL The substance of the facts and opinions on which each expert is expected to testify; iii. The qualifications of each expert witness including dates of graduation from medical school, residency and fellowship; and iv. A summary of the grounds for each expert's opinion. PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within twenty (20) days from the date herein will result in a motion for appropriate relief. {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } Dated: Uniondale, New York November 9, 2012 Yours, BOW LAW P. By Anping H. Monte, Esq. torheys for Defenda RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 s* Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK errenecerecercerceercererenrercrercesmnnnererereeneesnmeuneseeenanaen Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, DEMAND FOR Plaintiffs, COLLATERAL -against- SOURCE INFORMATION RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. SIRS PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR 4545 to produce and permit the undersigned attorneys to inspect and copy the contents of: (a) Each and every collateral source of payment, including but not limited to insurance agreements (except life insurance), Social Security (except those benefits provided under Title XVIII of the Social Security Act), Workers' Compensation or employee benefit programs (except such collateral sources entitled by law to liens against any recovery of the plaintiff), and any other collateral source of payment for past or future costs or expenses alleged to have been incurred by the plaintiff(s) and for which recovery is sought in the instant action, and (b) A written statement setting forth any and all such collateral sources and their amounts. PLEASE TAKE FURTHER NOTICE, that failure to produce said collateral sources of payment at the offices of the undersigned within twenty (20) days from the date herein, will result in a motion for appropriate relief. {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } Dated: Uniondale, New York November 9, 2012 Yours, et BOWER LAW P.C By Anifia . Monte, Esq. Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER D, AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 1556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 5‘ Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ee cc cece cece eeeneeeeerarcereerececceeeerercerereeeeceeennnnnenennene Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR Individually, DOCUMENTS Plaintiffs, AND STATEMENTS -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, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. peer cece reer e eee e ener erence renee errr een e nee n enn en een eenneeeennnne SIRS PLEASE TAKE NOTICE, that pursuant to CPLR 3101(e), you are hereby required to produce and permit discovery by the attorneys for defendant(s) of the following documents, stafenient and things for inspection at the offices of BOWER LAW P.C. within twenty (20) days after receipt of this Notice. 1. All writings and/or documents made by the defendant its agents, servants, or employees, including but not limited to bills, records, reports, correspondence, notes, insurance forms, prescriptions and any other memorandum in the possession or control of plaintiffs or their representatives and/or attorneys. 2. Any and all original statements made by the defendant its agents, servants or employees to plaintiffs, their agents, servants or representatives. 3. With respect to any statements made by the defendant, its agents, servants or employees which were not reduced to writing, state the names and addresses of {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } each and every individual who spoke, discussed or otherwise communicated with the defendant together with any notes or memoranda made by such individuals with respect to each such conversation, discussion or review Said inspection may also be made by means of furnishing photocopies within twenty (20) days after receipt of this Notice PLEASE TAKE FURTHER NOTICE, that defendant will object to the introduction of any mentioned documents, statements or things in evidence at trial if plaintiffs fail to comply with this Notice of Discovery and Inspection Dated: Uniondale, New York November 9, 2012 Yours, BOWEK LAW P.C By Monte, Esq Aftorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 3505" * Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK pec e eee rece eee e eee r eee e rete reece nee e nee e renee ne enn ne eecnnnnnnene Index No: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR Individually, WITNESS NAMES Plaintiffs, -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, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. SIRS PLEASE TAKE NOTICE, that pursuant to Rule 3101, et_seq. of the Civil Practice Law and Rules, BOWER LAW P.C., attorneys for the defendant hereby demand that you set forth in writing and under oath, within twenty (20) days of the service of this demand upon you, the name and address of each person known by you or your client to be a witness to the following: 1. The injuries and/or medical conditions alleged in the Verified Complaint; or, 2. Any negligence and/or carelessness in services, treatment, procedures, and/or practices rendered to the plaintiff which allegedly caused the injuries and/or medical conditions alleged in the Verified Complaint; or 3. Any failure to obtain informed consent of the plaintiff; or, {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } 4. Any persons having knowledge with respect to any conversations, communications or writings with respect to the injuries and/or medical conditions referred to in the Verified Complaint; or, 5. Any persons having knowledge with respect to any items of special or general damages asserted by plaintiff in the within action. If you are unaware of any witnesses at this time, so state in the reply to this demand. PLEASE TAKE FURTHER NOTICE, that this demand shall be considered continuous during the pendency of the within action, and should the parties whom you represent, or their representatives learn the identity of any such witness as aforedescribed, the undersigned demands that the name and address of such witness be provided, pursuant to Rule 31o1(a) of the Civil Practice Law and Rules and, further, that the undersigned will object, upon trial, to the testimony of any witness not so identified. Dated: Uniondale, New York November 9, 2012 Yours, BOW. LAW P.C. By Anjna . Monte, Esq, Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 s* Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK mercereennternmrererereeerenrercccnerinecrcrereercereroeieenuemmmnene Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR Individually, MEDICAL Plaintiffs, INFORMATION -against- AND REPORTS RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. SIRS PLEASE TAKE NOTICE, that you are hereby required to serve upon BOWER LAW P.C., attorneys for defendant(s) within (20) days after receipt of this demand, the following: L Copies of all medical reports of those doctors and other licensed professional persons who have treated and/or examined the plaintiff with respect to the claimed injuries and medical conditions. The reports shall include a detailed recital of said injuries and conditions as to which testimony will be offered at the trial, referring to and identifying those x-rays and other reports which will be offered, or testified to, at the trial. 2. Duly executed and acknowledge written authorizations permitting BOWER LAW P.C., to obtain photostatic copies and have full disclosure of all such {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } records comprising medical treatment rendered to plaintiff before, during and after the claimed malpractice. PLEASE TAKE FURTHER NOTICE, that upon your failure to comply herewith, plaintiff will be precluded at the trial of this action from offering in evidence any part of the hospital records or records of other facilities, medical reports, x-ray reports or other technicians’ reports not made available, nor will the Court hear the testimony of any physicians or other licensed professional persons whose reports have not been served pursuant to this demand. Dated: Uniondale, New York November 9, 2012 Yours, tC. BOWER LAW PC. By Anina H. Monte, Es Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O, Address 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 5 Avenue, Suite 7413 New York, NY 10118 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Faiitanenainidunsnnaaciiddiantdtdddadsmemiantatddtiididsctibtii sts STAID Index No.: 026910/12 xxxxxx xxxxxxxx onbehalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR Individually, PHOTOGRAPHS Plaintiffs, -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, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. mn wnnennecnnesadased iia adid IGTISITAII TAS TTLAIT ACTED SER TO SERRE CREATES! SIRS PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned demands that you produce within twenty (20) days any and all photographs in the possession custody or control of the plaintiff or the plaintiff's representatives depicting any of the injuries which are alleged in the complaint. If no such photograph is in the possession, custody or control of the plaintiff or the plaintiff's representatives, then so state under oath in reply to this Demand. Dated: Uniondale, New York November 9, 2012 Yours, e' BOWER LAW P.C. By Aginal H. Monte, Es: Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 5‘ Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK eeeeeeneee eee nececeee reece ccerer ener enn e ne cececn nnn nnennneeneencnnnee Index No: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, NOTICE OF Individually, DISCOVERY & Plaintiffs, INSPECTION OF -against- EMPLOYMENT RECORDS/INCOME RONALD J. TADEO, M.D., RICHARD PITCH, M.D., TAX RETURNS SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. pannaeersnsaneansanacenandsdddcsdstebeceedcenarandanereaeemimeunEmsuae, SIRS PLEASE TAKE NOTICE, that the plaintiff is required to produce for discovery, inspection and copying by counsel for defendant, the following: 1 The names and address of all institutions, firms, corporations, partnerships, persons or others by whom the decedent was employed by or from whom the decedent received salary and/or income benefits for the past five (5) years prior to decedent’s demise. 2 Duly executed authorizations to permit BOWER LAW P.C., to obtain the records of the aforesaid with respect to the decedent’s earnings, positions, title, working capacity, record of attendance, record of illness and employment status. 3 In the event that the decedent was self-employed, an independent contractor, employed by relatives, or in the presence of any other special circumstances, it is demanded that the plaintiff provide duly executed authorizations to permit he defendant to obtain copies of any and all federal, state and city income tax returns for the years specified in item 1, and it is further demanded that the {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } plaintiff produce for copying and inspection all W-2 forms for the years specified in item 1. PLEASE TAKE FURTHER NOTICE, that said discovery, inspection and copying is to take place at the offices of the undersigned, 1220 RXR Plaza, Uniondale, NY, within 20 days of the date herein, by 10:00 o'clock in the forenoon. Dated: Uniondale, New York November 9, 2012 Yours, fetc. BOWER LAW P.C. By: An : Monte, Esq. Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER Office & P.O. Address 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 350 5‘ Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK wiiiepananditsdidicnateduaicdiddtTATCISIDTITIGATID II RTE TATA DTOAIES Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, Individually, No FAX DEMAND Plaintiffs, -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, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. SIRS PLEASE TAKE NOTICE, that pursuant to CPLR g 2103(s) the office of the undersigned will not accept service of papers by facsimile (FAX) transmittal or other electronic means. Dated: Uniondale, New York November 9, 2012 Yours, et BOWER LAW P.C. By Anjnd H. Monte, Esq, Attorneys for Defendants RONALDJ. TADDEO, M.D. S/H/A RONALDJ. TADEO, M.D. AND SHORE PSYCHIATRIC CENTER 1220 RXR Plaza Uniondale, NY 11556 (212) 599-0900/(516) 881-4380 TO: NAPOLI BERN RIPKA & SHKOLNIL, LLP Attorneys for Plaintiffs 50 st Avenue, Suite 7413 New York, NY 1018 (212) 267-3700 {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK miidetnekeneerersersrereerenrerer cree erence rreererereenesannnnennaenan, Index No.: 026910/12 xxxxxx xxxxxxxx on behalf of xxxxx xxxxxxxx, an infant under the age of 18, and xxxxxx xxxxxxxx, DEMAND FOR Individually, ECONOMIC Plaintiffs, EXPERT -against- INFORMATION RONALD J. TADEO, M.D., RICHARD PITCH, M.D., SCOTT BERLIN, M.D., SHORE PSYCHIATRIC CENTER, FAMILY PSYCHOLOGY OF LONG ISLAND, BERLIN OBGYN ASSOCIATES, HANSSEN PHARMACEUTICALS, INC. k/n/a ORTHO-MCNEIL- JANSSEN PHARMACEUTICALS, INC., and ZYDUS PHARMACEUTICALS USA, INC., Defendants. pec e cree reece renee rere n eee e ene nen eee e nnn e nnn ne eee n nn nnnene er enenee, SIRS PLEASE TAKE NOTICE, that pursuant to CPLR 3101(d)(1), it is demanded that you respond to following: 1 If you expect to call an economist or actuary, state: (a) A specific description of the losses for which such calculations will be made (ie., present value of the loss of future earnings, present value of loss of second job earnings, present value of future medical expenses, etc.); (b) The undiscounted amount of such loss; (©) The present value of the dollar amount of such loss; (d) The discount rate applied by such persons to determine present value and the reason for such rate; (e) The number of years involved in such discounting process and the opinions and facts on which the economist bases the determination of that number of years; {G:/CASES/xxxxxxxx-C/LEGAL/DEMAND/Combined demands } (f) With regard to testing concerning growth of future income on an annual or other basis at a projected rate of income greater than the income earned by the plaintiff when last employed, state the growth rate for such income as estimated by such person, the opinions and facts on which that estimate is based, and specify the publication and location by the defendant; (g) Specify each factor other than those which have been noted above, which the person has used in calculating the net amount of the present value of the loss and identify specifically the source material and page number on which such person bases his opinion or draws the facts on which he relied; (h) With regard to any information secured from any text, publication, graph, chart or study other than as already designated specify such source material and page numbers; (i) In detail, state precisely the manner in which the person reached his or her conclusions, showing the mathematical calculations involved; @ With regard to any report, memoranda, or any other matter in writing showing in whole or in part the expert's conclusions or the facts upon which such conclusions were based, state the date of such writing and the names and addresses of person(s) having copies of it. This notice is a continuing demand for the information requested concerning an expert's testimony at trial. Failure to comply with demand shall be grounds upon which to preclude you from introducing the expert's testimony at trial for such expert whose name, qualifi