Preview
FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY NEW YORK
--x
EDWARD SCARANO, SUSAN SCARANO, lndex No: 80513212012
Plaintiffs,
-against- EXPERT WITNESS
DISCLOSURE
DEAN VAFIADIS, D.D,S., lndividually and dlbla
NEW YORK SMILE INSTITUTE, GARY RUTH,
D. D.S., MAXI LLOFACIAL SURGERY
SERVICES, L.L.C., GEORGE ANASTRASSOV,
M.D., D.D.S.,
Defendants.
-X
COUNSEL:
PLEASE TAKE NOTICE, that Defendants, GEORGE E. ANASTASSOV, M.D.,
D.D.S, s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL
SURGERY SERVICES, L.L.C., by their attorneys, RAWLE & HENDERSON, 1;p, hereby
provides the following Expert Witness Disclosure pursuant to CPLR $3101(d), upon
information and belief, as follows:
1. Disclosure of the expert's name is not required. Defendants intend to call
a dentist licensed to practice in the States of Norlh Carolina and Pennsylvania. The
expert obtained his/her dental degree from University of Connecticut, School of Dental
Medicine in 1973 and completed post-graduate training in oral and maxillofacial surgery
at Parkland Memorial Hospital in 1976. The expert maintains teaching and academic
positions at University of North Carolina School of Dentistry and is a diplomate of the
American Board of Oral and Maxillofacial Surgery. He/she also maintains a private
r01 46269-4
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FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017
practice specializing in oral and maxillofacial surgery. He/she is a member of various
professional societies and has published and lectured extensively in his/her field.
2. The subject matter upon which the expert is expected to testify is the
diagnosis, treatment plan and oral and maxillofacial care and treatment of the plaintiff
EDWARD SCARANO by GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE
ANASTRASSOV, M.D., D.D.S. , and other practitioners, including former co-defendants
and those whose identities are contained in medical, dental and hospital records as well
as plaintiff's claimed injuries and conduct of plaintiff that may have caused/contributed
to plaintiff's claimed injuries.
3. The substance, facts and opinions that this expert will testify to is that the
Defendant did not depart from accepted standards of dental/oral and maxillofacial
surgical practice in the care and treatment of plaintiff and that the injuries alleged were
not proximately caused by any malpractice on the part of the defendants. This expert
may offer his/her opinion that the defendants properly examined and evaluated
plaintiff's condition prior to, during and subsequent to the dental/oral and maxillofacial
surgical care and treatment. This includes obtaining and/or reviewing appropriate
diagnostic studies and radiographs, and medical/dental history. The expert will disagree
with plaintiff's expert's opinions that the plaintiff was not a candidate for full mouth
reconstruction. The expert will set forth his/her opinion that there was an appropriate
treatment plan and discussion and coordination with other dental/restorative
practitioners and with the plaintiff. The expert may testify the surgical procedures
per-formed were, at all times, within accepted standards of dental/oral and maxillofacial
surgical care and treatment and were reasonable and timely. The expert will testify that
t01 46269 -4
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FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017
defendant's care and treatment of plaintiff was not the proximate cause of the alleged
injuries and plaintiff's alleged injuries are well-known risks/complications of such
procedures. The expert may testify that plaintiff's alleged injuries may have been are not
due to any negligence on the paft of the defendant. The expert will testify that the
procedures performed by defendant and the rationale for doing them were within
accepted standards of dental/oral and maxillofacial surgical care. The expert will testify
that defendant's surgical decisions and techniques were within accepted standards of
dental/oral and maxillofacial surgical care. The expert will testify that the defendant
appropriately discussed risks, benefits and alternatives with plaintiff prior to treatment
and that informed consent was properly obtained. The expert will testify that the risks of
the proposed treatment, including the risk of failure and possibility of failure or rejection
of the grafts was fully discussed/disclosed with the plaintiff in a reasonable manner and
that a reasonable person in plaintiff's position would have consented to treatment. The
experl will testify that defendant's treatment plan was reasonable under the
circumstances then and there prevailing. The expert will provide testimony in rebuttal of
the testimony produced at the time of trial by plaintiff and/or plaintiff's expert(s), and
examining or treating physicians/dentists, as set forth in the verified pleadings, plaintiff's
Expert Witness Response(s), medical report disclosures and at trial. Defendants' expert
may also testify to the cost of future treatment plans proposed by plaintiff, plaintiff's
treatment providers or expert. The expert will also testify to/use demonstrative and
visual aids in order to educate the jury regarding the anatomy relevant to defendant's
diagnosis, treatment plan and care, treatment and assessment of plaintiff which may
include anatomy of the oral cavity, head and neck, extractions, reconstructive surgery,
1()746269-4
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FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017
bone grafting, craniotomy and bone harvesting and use, iliac crest bone harvesting and
use, implant placement surgery, infections, osseointegration and/or failure of it, as well
as the treatment rendered and procedures performed and the anatomy in the areas.
4. Defendants' expert will base his/her opinions and testimony upon a review of
verified pleadings, depositions and trial transcripts, medical/dental records and
radiographs, demonstrative aids and exhibits used or to be used at trial, as well as
his/her knowledge, skill, education, training, experience and background in the field of
dentistry/oral surgery and evidence that may be adduced at the time of trial.
5, Defendants may also call as expert witnesses at the time of trial plaintiff's
treating healthcare and dental care providers. These providers are expected to testify in
conformity with their records and deposition transcripts as applicable.
PLEASE TAKE FURTHER NOTICE, that Defendant reserves the right to amend
and/or supplement this response at any time
Dated: Mineola, New York
August 17,2017
Yours, etc.,
RAWLE & HENDERSON LLP
Attorneys for Defendants
GEORGE E. ANASTASSOV, M.D., D.D.S,
s/h/a GEORGE ANASTRASSOV, M.D.,
D.D.S. and MAXILLOFACIAL SURGERY
SERVICES,L.L.C.
By:
M ne , Esq
170 old un , Suite 215
Mineola, New York 11501
(516) 294-2001
10746269-4
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FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017
TO VALERIE J. CROWN, ESQ.
ATTORNEY AT LAW, P.C.
Atto rneys fo r P I a i ntiffs
151 North Main Street4th Floor
New City, New York 10956
(845) 708-5900
10746269-4
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FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012
NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017
lndex No Year RJI No. I-lon.
805 I 32 2012
SUPREME COURT OF THE STATE OF NBW YORK
COUNTY OF NEW YORK
EDWARD SCARANO, SUSAN SCARANO,
Plaintiffs,
-against-
DEAN VAFIADIS, D.D.S., lndividually and dlbla
NEW YORK SMILE INSTITUTE, GARY RUTH,
D. D.S., MAXI LLOFACIAL SURGERY
SERVICES, L.L.C., GEORGE ANASTRASSOV,
M.D., D.D.S.,
Defendants
EXPERT WITNESS DISCLOSURE
Rawlp & HpNoEnsoN r_r_r,
Office and Post Office Address, Telephone
170 Or-n CouNlny RoAD surrE 215
MINEoLA, N.Y. 11501
(s16) 294-2001
To Signature (Rule 130-1. l-a)
Print name beneath
Attorney(s)for
Service of a copy of the within is hereby admitted
Dated,
Attorney(s)1br
Please take notice
IIrorrcrorrvlrv
within is a(certiJiecl) true copy of a
that the
duly enteled in the ol'fice of the clelk of the within named court on
l i Norrceorscrrr.eveNr
that an olcler of rvhich the within is a ttue copy will be presented for
settlementto the IION. one of the.judges
of the within narned coult. at
onatM
Dated, Yours, etc.
Re.wr-r & HENDERSON LLp
Jor dsfe nlap 1s
A u orttelts
To Offce and Post Office Address
I70 OLD couNTRY ROAD, surrE 2 I 5
MINIoLA, NEw YoRK I I50I
106843t6-2
6 of 6
Preview
FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY NEW YORK --x EDWARD SCARANO, SUSAN SCARANO, lndex No: 80513212012 Plaintiffs, -against- EXPERT WITNESS DISCLOSURE DEAN VAFIADIS, D.D,S., lndividually and dlbla NEW YORK SMILE INSTITUTE, GARY RUTH, D. D.S., MAXI LLOFACIAL SURGERY SERVICES, L.L.C., GEORGE ANASTRASSOV, M.D., D.D.S., Defendants. -X COUNSEL: PLEASE TAKE NOTICE, that Defendants, GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICES, L.L.C., by their attorneys, RAWLE & HENDERSON, 1;p, hereby provides the following Expert Witness Disclosure pursuant to CPLR $3101(d), upon information and belief, as follows: 1. Disclosure of the expert's name is not required. Defendants intend to call a dentist licensed to practice in the States of Norlh Carolina and Pennsylvania. The expert obtained his/her dental degree from University of Connecticut, School of Dental Medicine in 1973 and completed post-graduate training in oral and maxillofacial surgery at Parkland Memorial Hospital in 1976. The expert maintains teaching and academic positions at University of North Carolina School of Dentistry and is a diplomate of the American Board of Oral and Maxillofacial Surgery. He/she also maintains a private r01 46269-4 1 of 6 FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017 practice specializing in oral and maxillofacial surgery. He/she is a member of various professional societies and has published and lectured extensively in his/her field. 2. The subject matter upon which the expert is expected to testify is the diagnosis, treatment plan and oral and maxillofacial care and treatment of the plaintiff EDWARD SCARANO by GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. , and other practitioners, including former co-defendants and those whose identities are contained in medical, dental and hospital records as well as plaintiff's claimed injuries and conduct of plaintiff that may have caused/contributed to plaintiff's claimed injuries. 3. The substance, facts and opinions that this expert will testify to is that the Defendant did not depart from accepted standards of dental/oral and maxillofacial surgical practice in the care and treatment of plaintiff and that the injuries alleged were not proximately caused by any malpractice on the part of the defendants. This expert may offer his/her opinion that the defendants properly examined and evaluated plaintiff's condition prior to, during and subsequent to the dental/oral and maxillofacial surgical care and treatment. This includes obtaining and/or reviewing appropriate diagnostic studies and radiographs, and medical/dental history. The expert will disagree with plaintiff's expert's opinions that the plaintiff was not a candidate for full mouth reconstruction. The expert will set forth his/her opinion that there was an appropriate treatment plan and discussion and coordination with other dental/restorative practitioners and with the plaintiff. The expert may testify the surgical procedures per-formed were, at all times, within accepted standards of dental/oral and maxillofacial surgical care and treatment and were reasonable and timely. The expert will testify that t01 46269 -4 2 of 6 FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017 defendant's care and treatment of plaintiff was not the proximate cause of the alleged injuries and plaintiff's alleged injuries are well-known risks/complications of such procedures. The expert may testify that plaintiff's alleged injuries may have been are not due to any negligence on the paft of the defendant. The expert will testify that the procedures performed by defendant and the rationale for doing them were within accepted standards of dental/oral and maxillofacial surgical care. The expert will testify that defendant's surgical decisions and techniques were within accepted standards of dental/oral and maxillofacial surgical care. The expert will testify that the defendant appropriately discussed risks, benefits and alternatives with plaintiff prior to treatment and that informed consent was properly obtained. The expert will testify that the risks of the proposed treatment, including the risk of failure and possibility of failure or rejection of the grafts was fully discussed/disclosed with the plaintiff in a reasonable manner and that a reasonable person in plaintiff's position would have consented to treatment. The experl will testify that defendant's treatment plan was reasonable under the circumstances then and there prevailing. The expert will provide testimony in rebuttal of the testimony produced at the time of trial by plaintiff and/or plaintiff's expert(s), and examining or treating physicians/dentists, as set forth in the verified pleadings, plaintiff's Expert Witness Response(s), medical report disclosures and at trial. Defendants' expert may also testify to the cost of future treatment plans proposed by plaintiff, plaintiff's treatment providers or expert. The expert will also testify to/use demonstrative and visual aids in order to educate the jury regarding the anatomy relevant to defendant's diagnosis, treatment plan and care, treatment and assessment of plaintiff which may include anatomy of the oral cavity, head and neck, extractions, reconstructive surgery, 1()746269-4 3 of 6 FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017 bone grafting, craniotomy and bone harvesting and use, iliac crest bone harvesting and use, implant placement surgery, infections, osseointegration and/or failure of it, as well as the treatment rendered and procedures performed and the anatomy in the areas. 4. Defendants' expert will base his/her opinions and testimony upon a review of verified pleadings, depositions and trial transcripts, medical/dental records and radiographs, demonstrative aids and exhibits used or to be used at trial, as well as his/her knowledge, skill, education, training, experience and background in the field of dentistry/oral surgery and evidence that may be adduced at the time of trial. 5, Defendants may also call as expert witnesses at the time of trial plaintiff's treating healthcare and dental care providers. These providers are expected to testify in conformity with their records and deposition transcripts as applicable. PLEASE TAKE FURTHER NOTICE, that Defendant reserves the right to amend and/or supplement this response at any time Dated: Mineola, New York August 17,2017 Yours, etc., RAWLE & HENDERSON LLP Attorneys for Defendants GEORGE E. ANASTASSOV, M.D., D.D.S, s/h/a GEORGE ANASTRASSOV, M.D., D.D.S. and MAXILLOFACIAL SURGERY SERVICES,L.L.C. By: M ne , Esq 170 old un , Suite 215 Mineola, New York 11501 (516) 294-2001 10746269-4 4 of 6 FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017 TO VALERIE J. CROWN, ESQ. ATTORNEY AT LAW, P.C. Atto rneys fo r P I a i ntiffs 151 North Main Street4th Floor New City, New York 10956 (845) 708-5900 10746269-4 5 of 6 FILED: NEW YORK COUNTY CLERK 08/17/2017 11:52 AM INDEX NO. 805132/2012 NYSCEF DOC. NO. 334 RECEIVED NYSCEF: 08/17/2017 lndex No Year RJI No. I-lon. 805 I 32 2012 SUPREME COURT OF THE STATE OF NBW YORK COUNTY OF NEW YORK EDWARD SCARANO, SUSAN SCARANO, Plaintiffs, -against- DEAN VAFIADIS, D.D.S., lndividually and dlbla NEW YORK SMILE INSTITUTE, GARY RUTH, D. D.S., MAXI LLOFACIAL SURGERY SERVICES, L.L.C., GEORGE ANASTRASSOV, M.D., D.D.S., Defendants EXPERT WITNESS DISCLOSURE Rawlp & HpNoEnsoN r_r_r, Office and Post Office Address, Telephone 170 Or-n CouNlny RoAD surrE 215 MINEoLA, N.Y. 11501 (s16) 294-2001 To Signature (Rule 130-1. l-a) Print name beneath Attorney(s)for Service of a copy of the within is hereby admitted Dated, Attorney(s)1br Please take notice IIrorrcrorrvlrv within is a(certiJiecl) true copy of a that the duly enteled in the ol'fice of the clelk of the within named court on l i Norrceorscrrr.eveNr that an olcler of rvhich the within is a ttue copy will be presented for settlementto the IION. one of the.judges of the within narned coult. at onatM Dated, Yours, etc. Re.wr-r & HENDERSON LLp Jor dsfe nlap 1s A u orttelts To Offce and Post Office Address I70 OLD couNTRY ROAD, surrE 2 I 5 MINIoLA, NEw YoRK I I50I 106843t6-2 6 of 6