Answer: Fithsroy Cargill BY THE ADMINISTRATOR OF HIS ESTATE JOAN CARGILL and JOAN CARGILL individually v. Lenox Hill Hospital, Northwell Health, Inc., Northwell Healthcare, Inc., North Shore-Lij Network, Inc., Northshore-Lij Health System, Montefiore Medical Center, Montefiore New Rochelle Hospital, Schaffer Extended Care Center, Montefiore Health System, Inc., Centerlight Health System, Inc., Centerlight Healthcare Inc., Centerlight Certified Home Health Agency, Visiting Nurse Service Of New York, Visiting Nurse Service Of New York Home Care, Visiting Nurse Service Of New York Home Care Ii, Concepts Of Independence, Inc., Calvary Hospital, Inc. And, John Doe, Jane Roe, And Abc Inc. 1-20 Presently Unknown Healthcare Providers, Individuals And Agencies

On July 31, 2020 a Answer was filed involving a dispute between Fithsroy Cargill By The Administrator Of His Estate Joan Cargill And Joan Cargill Individually, and And Abc Inc. 1-20 Presently Unknown Healthcare Providers, Individuals And Agencies, Calvary Hospital, Inc. And, Centerlight Certified Home Health Agency, Centerlight Healthcare Inc., Centerlight Health System, Inc., Concepts Of Independence, Inc., Jane Roe, John Doe, Lenox Hill Hospital, Montefiore Health System, Inc., Montefiore Medical Center, Montefiore New Rochelle Hospital, Northshore-Lij Health System, North Shore-Lij Network, Inc., Northwell Healthcare, Inc., Northwell Health, Inc., Schaffer Extended Care Center, Visiting Nurse Service Of New York, Visiting Nurse Service Of New York Home Care, Visiting Nurse Service Of New York Home Care Ii, for Torts - Medical, Dental, or Podiatrist Malpractice in the District Court of Bronx County.

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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF BRONX
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FITHSROY CARGILL BY THE ADMINISTRATOR OF
HIS ESTATE JOAN CARGILL and JOAN VERIFIED ANSWER
CARGILL,Individually,
Index No.: 28244/2020E
Plaintiffs,

-against-

LENOX HILL HOSPITAL, NORTHWELL HEALTH,
INC., NORTHWELL HEALTHCARE, INC.,
NORTHSHORE-LIJ NETWORK, INC., NORTHSHORE-
LIJ HEALTH SYSTEM, MONTEFIORE MEDICAL
CENTER, MONTEFIORE NEW ROCHELLE
HOSPITAL, SCHAFFER EXTENDED CARE CENTER,
MONTEFIORE HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTH SYSTEM, INC.,
CENTERLIGHT HEALTHCARE, INC., CENTERLIGHT
CERTIFIED HOME HEALTH AGENCY, VISITING
NURSE SERVICE OF NEW YORK HOME CARE,
VISITING NURSE SERVICE OF NEW YORK HOME
CARE II, CONCEPTS OF INDEPENDENCE, INC.,
CALVARY HOSPITAL, INC. and “JOHN DOE” “JANE
ROE” and “ABC INC.” 1-20 presently unknown healthcare
providers, individuals and agencies

Defendants.
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Defendant NORTHWELL HEALTH, INC., by its attorneys, MARTIN CLEARWATER

& BELL LLP, answers the plaintiffs’ complaint as follows, upon information and belief:
1. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraphs of the complaint designated “1”, “2”, “3”, “4”, “5”, “41”,

“42”, “43”, “44”, “45”, “46”, “47”, “48”, “49”, “50”, “51”, “52”, “53”, “54”, “55”, “56”, “57”,

“58”, “59”, “60”, “61”, “62”, “63”, “64”, “65”, “66”, “67”, “68”, “69”, “70”, “71”, “72”, “73”,

“74”, “75”, “76”, “77”, “78”, “79”, “80”, “81”, “82”, “83”, “84”, “85”, “86”, “87”, “88”, “89”,

“90”, “91”, “92”, “93”, “94”, “95”, “96”, “97”, “98”, “99”, “100”, “101”, “102”, “103”, “104”,

“105”, “106”, “107”, “108”, “109”, “110”, “111”, “112”, “113”, “114”, “115”, “116”, “117”,

“118”, “119”, “120”, “121”, “122”, “123”, “124”, “125”, “126”, “127”, “128”, “129”, “130”,

“131”, “132”, “133”, “134”, “135”, “136”, “137”, “138”, “139”, “140”, “141”, “142”, “143”,

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“144”, “145”, “146”, “147”, “148”, “149”, “150”, “151”, “152”, “153”, “154”, “155”, “156”,

“157”, “158”, “159”, “160”, “161”, “162”, “163”, “164”, “165”, “166”, “167”, “168”, “169”,

“170”, “171”, “172”, “173”, “174”, “175”, “176”, “177”, “178”, “179”, “180”, “181”, “182”,

“183”, “184”, “185”, “186”, “187”, “188”, “189”, “190”, “191”, “192”, “193”, “194”, “195”,

“196”, “197”, “198”, “199”, “200”, “201”, “202”, “203”, “204”, “205”, “206”, “207”, “208”,

“209”, “210”, “211”, “212”, “213”, “214”, “215”, “216”, “217”, “218”, “219”, “220”, “221”,

“222”, “223”, “224”, “225”, “226”, “227”, “228”, “229”, “230”, “231”, “232”, “233”, “234”,

“235”, “236”, “237”, “238”, “239”, “240”, “241”, “242”, “243”, “244”, “245”, “246”, “247”,
“248”, “249”, “250”, “251”, “252”, “253”, “254”, “255”, “256”, “257”, “258”, “259”, “260”,

“261”, “262”, “263”, “264”, “265”, “266”, “267”, “268”, “269”, “270”, “271”, “272”, “273”,

“274”, “275”, “276”, “277”, “278”, “279”, “280”, “281”, “282”, “283”, “284”, “285”, “286”,

“287”, “288”, “289”, “290”, “291”, “292”, “293”, “294”, “295”, “296”, “297”, “298”, “299”,

“300”, “301”, “302”, “303”, “304”, “305”, “306”, “307”, “308”, and “309”.

2. Denies each and every allegation contained in the paragraphs of the complaint

designated “6”, “7”, “19”, “21”, “22”, and “23”, except admits it is a Domestic Not for Profit

Corporation.

3. Denies knowledge or information sufficient to form a belief as to each and every

allegation contained in the paragraphs of the complaint designated “8”, “9”, “10”, “11”, “12”,

“13”, “14”, “15”, “16”, “18”, “20”, “24”, “25”, “26”, “27”, “28”, “29”, “30”, “31”, “32”, “33”,

“34”, “35”, “36”, “37”, “38”, and “40”, except begs leave to refer all questions of fact to the trier

of fact and all questions of law to the Court.

4. Denies each and every allegation contained in the paragraphs of the complaint

designated “17”, “39”, “310”, “311”, “312”’, and “313”,

AS TO THE FIRST CAUSE OF ACTION

5. Repeats and reiterates each and every denial and denial of knowledge or

information sufficient to form a belief as to each of the allegations of the complaint reiterated and

realleged by the plaintiffs in the paragraph of the complaint designated “314”.
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6. Denies each and every allegation contained in the paragraph of the complaint

designated “315”, “316”, “317”, and “318”.

AS TO THE SECOND CAUSE OF ACTION

7. Repeats and reiterates each and every denial and denial of knowledge or

information sufficient to form a belief as to each of the allegations of the complaint reiterated and

realleged by the plaintiffs in the paragraph of the complaint designated “319”.

8. Denies each and every allegation contained in the paragraphs of the complaint
designated “320”, “321”, “322”, and “323”.

THERE IS NO THIRD CAUSE OF ACTION PLEADED

AS TO THE FOURTH CAUSE OF ACTION

9. Repeats and reiterates each and every denial and denial of knowledge or

information sufficient to form a belief as to each of the allegations of the complaint reiterated and

realleged by the plaintiffs in the paragraph of the complaint designated “324”.

10. Denies each and every allegation contained in the paragraphs of the complaint

designated “325”, “326”, “327”, “328”, and “329”.

AS TO THE FIFTH CAUSE OF ACTION

11. Denies each and every allegation contained in the paragraph of the complaint

designated “330”, “331”, “332”, and “333”.

AS A FIRST AFFIRMATIVE DEFENSE

12. Defendant NORTHWELL HEALTH, INC. denies liability, but if liability is found

against this defendant and the liability is found to be 50% or less of the total liability assigned to

all persons liable, then this defendant invokes the limits on liability for noneconomic loss set forth

in CPLR §1601.
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AS A SECOND AFFIRMATIVE DEFENSE

13. That defendant asserts the terms, provisions, limitations and rights contained in

§4545 of the CPLR.
AS A THIRD AFFIRMATIVE DEFENSE

14. Whatever injuries plaintiff’s decedent may have sustained at the time and place

alleged in the complaint were caused in whole or in part or were contributed to by the culpable

conduct and want of care on the part of the plaintiff’s decedent.

AS A FOURTH AFFIRMATIVE DEFENSE

15. Defendant NORTHWELL HEALTH, INC. invokes the protection of Public Health

Law 2805-d(4) with respect to the alleged cause of action for informed consent and reserves all its

rights pursuant thereto.
AS A FIFTH AFFIRMATIVE DEFENSE

16. That as to the Fifth Cause of Action, the complaint fails to state a cause or causes

of action upon which relief can be granted against defendant NORTHWELL HEALTH, INC..

WHEREFORE, defendant NORTHWELL HEALTH, INC. demands judgment dismissing

the complaint herein, together with the costs and disbursements of this action.

Dated: White Plains, New York
August 27, 2020

Yours, etc.

MARTIN CLEARWATER & BELL LLP

By:
Sean F.X. Dugan
Attorneys for Defendant
NORTHWELL HEALTH, INC.
245 Main Street
White Plains, NY 10601
(914) 328-2969

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TO:

SONIN & GENIS
Attorneys for Plaintiffs
1 Fordham Plaza, Suite 907
Bronx, NY 10458
(718) 561-4444

AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Attorneys for Defendant
MONTEFIORE NEW ROCHELLE HOSPITAL
600 Third Avenue
New York, NY 10016
(212) 593-6700

RUBIN PATERNITI GONZALEZ KAUFMAN, LLP
Attorneys for Defendant
CALVARY HOSPITAL, INC.
555 Fifth Avenue, 6th fl
New York, New York 10017
(646) 809-3370

MONTEFIORE MEDICAL CENTER
111 East 210th
Bronx, New York 10467
No Appearance to Date

SCHAFFER EXTENDED CARE CENTER
16 Guion Place
New Rochelle, New York 10801
No Appearance to Date

MONTEFIORE HEALTH SYSTEM, INC.
555 South Broadway
Tarrytown, New York 10591
No Appearance to Date

CENTERLIGHT HEALTH SYSTEM, INC.
1733 Eastchester Road, 2nd Floor
Bronx, New York 10461
No Appearance to Date

CENTERLIGHT HEALTH CARE, INC.
1733 Eastchester Road, 2nd Floor
Bronx, New York 10461
No Appearance to Date

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CENTERLIGHT CERTIFIED HOME HEALTH AGENCY
1733 Eastchester Road, 2nd Floor
Bronx, New York 10461
No Appearance to Date

VISITING NURSE SERVICE OF NEW YORK
220 East 42nd Street
New York, New York 10017
No Appearance to Date

VISITING NURSE SERVICE OF NEW YORK HOME CARE
220 East 42nd Street
New York, New York 10017
No Appearance to Date

VISITING NURSE SERVICE OF NEW YORK HOME CARE II
220 East 42nd Street
New York, New York 10017
No Appearance to Date

CONCEPTS OF INDEPENDENCE, INC.
120 Wall Street, Suite 1010
New York, New York 10005
No Appearance to Date

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FITHSROY CARGILL BY THE ADMINISTRATOR OF
HIS ESTATE JOAN CARGILL and JOAN DEMAND FOR A
CARGILL,Individually , VERIFIED BILL
OF PARTICULARS
Plaintiffs,
Index No.: 28244/2020E
-against-

Defendants.
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C O U N S E L O R S:

PLEASE TAKE NOTICE, that pursuant to Rule 3041 et seq. of the Civil Practice Law and

Rules, you are hereby required to serve upon MARTIN CLEARWATER & BELL LLP , attorneys

for defendant NORTHWELL HEALTH, INC., within twenty (20) days after the service of a copy

of this Demand, a Verified Bill of Particulars of the Complaint, setting forth in detail the following:

1. The manner and respect in which it is claimed defendant NORTHWELL HEALTH,

INC., (hereinafter referred to as "defendant"), was negligent, careless and unskillful, including but

not limited to the following:

A. State each test or procedure which it will be claimed should not have been
performed by the defendant.
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B. State each test or procedure which it will be claimed was performed

improperly by the defendant and in what respect.

C. State each additional test or procedure which it will be claimed should have

been performed by the defendant.

D. State each drug or medication which it will be claimed should not have been

administered by the defendant.

E. State each drug or medication which it will be claimed was administered in

an improper dosage or manner, or both, by the defendant and in what
respect.

F. State each additional drug which it will be claimed should have been

administered by the defendant.

G. If it will be claimed that a misdiagnosis was made by the defendant, state

what the misdiagnosis was and state what the proper diagnosis should have

been.

H. If it will be claimed that there was a lack of adequate consultation by the

defendant, state each specialist who should have been consulted, and at what

point in the treatment.

I. If it will be claimed that improper preoperative procedures were performed

by the defendant, state which procedures were improper and what the proper

preoperative procedures are claimed to be.

J. If it will be claimed that improper postoperative procedures were performed

by the defendant, state which procedures were improper and what the proper

postoperative procedures are claimed to be.

K. If it will be claimed that improper operative procedures were performed by

the defendant, state which procedures were improper and what the proper

operative procedures are claimed to be.

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L. If it will be claimed that defendant ignored any signs, symptoms, complaints

or past history, identify the signs, symptoms, complaints or past history

which were ignored.

M. If it will be claimed that there was improper treatment in any other respect,

state what the proper treatment should have been.

2. With reference to paragraph “315” of the Complaint, set forth with particularity:

A. The patient safety rules plaintiff pleads the defendant violated

B. The clinical pathways, policies, rules and protocols referenced
3. With reference to paragraph “316” of the Complaint, specify and identify each

statute plaintiff claims defendant violated.

4. 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 procedure(s) and/or treatment(s) performed or undertaken without the

patient’s informed consent.

B. For each procedure(s) and/or treatment(s) performed or undertaken without

the patient’s informed consent, set forth the following:

(1) the risks of the procedure and/or treatment known to the patient

before it was performed;

(2) the information concerning the risks imparted to the patient by the

defendant;

(3) the information concerning the risks imparted to the patient by other

physicians;

(4) any assurances provided to the defendant or others by the patient by

other physicians;

(5) the circumstances making it reasonably possible for the defendant

to obtain consent by or on behalf of the patient;

(6) the additional information, if any, which the defendant should have

provided the patient concerning the procedure and/or treatment.
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5. Did the defendant's alleged malpractice occur in the course of an emergency

treatment, procedure or surgery?

6. If it will be claimed that any of the acts or omissions particularized in item[s] 1

[and 2] above were performed by another for whose acts or omissions the defendant has legal

responsibility, state as to each such act or omission the name of the person who performed it, and

that person's legal relationship to the defendant.

7. If it is claimed that any equipment or other medical instruments were defective or

otherwise improper, identify the equipment or instruments, the manufacturer, set forth in what
respects they were defective or improper, and identify the person(s) who used, owned and

controlled the equipment or instruments at the time of the patient's treatment.

8. Set forth the following:

A. The date of each treatment claimed to have been rendered by defendant.

B. The date of each act of negligence claimed to have been committed by

defendant.

C. The place of each treatment claimed to have been rendered by defendant.

9. Set forth the following:

A. The nature, location and extent of each injury which it will be claimed was

caused by the negligence of defendant.

B. If any injuries are claimed to be permanent, so state.

C. State how it will be claimed each of said injuries was caused by the alleged

negligence.

10. If it will be claimed that the aforesaid injuries necessitated treatment at any

institutions, set forth:

A. The name of each institution.

B. The dates of confinement or outpatient treatment at each institution.

11. If it will be claimed that the aforesaid injuries necessitated confinement to bed or

home, set forth the following:

A. The dates of confinement to home.
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B. The dates of confinement to bed.

12. If it will be claimed that the aforesaid injuries necessitated treatment by any

physicians, psychologists or other therapists, set forth:

A. The name of each such person.

B. That person's address.

C. The dates of the patient's treatment.

13. If loss of earnings will be claimed to have resulted from the alleged negligence, set

forth the following:
A. The loss of earnings that will be claimed.

B. The name and address of the employer at the time of the alleged negligence.

C. The claimant's occupation at the time of the alleged negligence.

D. The claimant's gross earnings for the last calendar year prior to the alleged

negligence.

E. The claimant's gross earnings for any calendar year(s) during which it will

be claimed the claimant was incapacitated from work.

F. If the claimant was employed by another immediately prior to the alleged

incapacitation, state:

(1) The name and address of the employer.

(2) The claimant's weekly gross salary at that time.

G. If the claimant was in whole or in part self-employed, state the claimant's

earnings from such self-employment for each of the three (3) years prior to

the alleged incapacitation.

H. The last date the claimant worked prior to the alleged incapacitation.

I. The dates the claimant worked prior to the alleged incapacitation.

J. The amount and source of any reimbursement to the claimant or others for

the alleged loss of earnings.

K. The name and address of the claimant's present employer.

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14. If any special damages are claimed as a result of the alleged malpractice, set forth

the following:

A. The charges for the above-named hospitals, separately listing each hospital

bill.

B. Physicians' charges.

C. Charges for medicine, itemizing the medicines charged for.

D. Other (specify).

15. If anyone other than the patient has paid or has incurred the expenses claimed in
the preceding paragraph, state the amount or extent of such reimbursement and that person's

address and relationship, if any, to the patient.

16. If anyone has, or can reasonably be expected to reimburse the patient or others for

the expenses claimed above in Paragraph 14, state the amount or extent of such reimbursement

and the name and address of the reimbursor.

17. If it is reasonably anticipated that further expenses will be incurred in the future as

a result of the alleged negligence, set forth such expenses, stating the reason for said expenses and

the anticipated period of time that said expenses will be incurred, including but not limited to:

A. Anticipated physicians' charges.

B. Anticipated hospital charges.

C. Anticipated charges for medicine.

D. Anticipated nursing charges.

E. Other (specify).

18. If anyone can be reasonably expected to pay or provide reimbursement for any

anticipated expenses detailed in the foregoing paragraph, state that reimbursor's name, address and

the amount and extent of such payment or reimbursement.

19. State the residence of the plaintiffs at the time this action was commenced.

20. State the date of birth of the plaintiffs.

21. State the Social Security number of the plaintiffs.

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22. If it will be claimed that the limitations on liability set forth in CPLR Article 16 do

not apply, state specifically each and every exception to Article 16 set forth in CPLR § 1602 which

applies to the cause or causes of action herein and the basis for invoking such exemptions.

23. If it is claimed that defendant caused decedent’s death, set forth the following:

A. the date of death;

B. the place of death;

C. the cause of death which plaintiffs will claim at trial;

D. was an autopsy performed;
E. the name and address of the last treating physician;

F. the name and address of the physician who signed the death certificate;

G. the decedent’s address at the time of death;

H. the decedent’s date of birth;

I. the decedent’s social security number.

24. Set forth:

A. the name;

B. address;

C. age; and

D. the affinity to decedent of each person who it is claimed was dependent

upon decedent for support at the time of death.

25. If any of the above claims to be decedent’s spouse, set forth the date and place of

marriage.

26. State:

A. the date;

B. place of decedent’s birth; and

C. the decedent’s name at birth.

27. If any loss of support is claimed, set forth the following:

A. If the decedent was employed immediately prior to death:

(1) the decedent’s annual salary;
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(2) the name, and

(3) address of the employer.

B. The decedent’s occupation;

C. The decedent’s gross earnings for the last year worked prior to death;

D. The amount contributed by decedent to the support of each of the above-

named prior to death.

E. The yearly earnings which, it will be claimed have been lost as a result of

decedent’s death;
F. The last date decedent worked prior to death;

G. If the decedent was self-employed in whole or in part:

(1) the nature of such self-employment, and

(2) the earnings of such self-employment for the last year worked prior

to death.

28. Set forth any additional pecuniary loss which will be claimed as a result of the

alleged wrongful death.

29. If any special damages are claimed as a result of decedent’s death, set forth,

including but not limited to, the following:

A. The charges for the above named hospitals, separately listing each hospital

bill.

B. Physician’s charges;

C. Nursing charges;

D. Charges for medicine;

E. Funeral expenses, including:

(1) the name,

(2) the address of the funeral home, and

(3) the place of final internment.

30. If it will be claimed that the manner and respect in which the defendant

NORTHWELL HEALTH, INC., prior to the granting or renewing of privileges or employment of
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defendants, residents, nurses and others involved in plaintiffs’ care, failed to investigate the

qualifications, competence, capacity, abilities and capabilities of said defendants, residents, nurses

and other employees, state:

A. The names of those persons whom plaintiffs claim lacked the necessary

qualifications, competence, capacity, abilities and capabilities;

B. With reference to each of those persons named above state separately the

qualification, ability or capability each person lacked;

C. With reference to each of those persons named above state separately and
with particularity the manner and respect in which each was negligent,

careless and unskillful.

Dated: White Plains, New York
August 27, 2020

Yours, etc.

MARTIN CLEARWATER & BELL LLP

By:
Sean F.X. Dugan
Attorneys for Defendant
NORTHWELL HEALTH, INC.
245 Main Street
White Plains, NY 10601
(914) 328-2969
TO:

SONIN & GENIS
Attorneys for Plaintiffs
1 Fordham Plaza, Suite 907
Bronx, NY 10458
(718) 561-4444

AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Attorneys for Defendant
MONTEFIORE NEW ROCHELLE HOSPITAL
600 Third Avenue
New York, NY 10016
(212) 593-6700

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