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FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018
NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
THERESA ROBINSON and DEREK ROBINSON,
Index #: 717964/2018
j
Plaintiff,
OMNIBUS DISCOVERY
-against- DEMANDS
NORTHWELL HEALTH, INC., LONG ISLAND JEWISH
MEDICAL CENTER, DEEPAK NANDA, M.D., P.C. and
DEEPAK NANDA, M.D.,
Defendants
_-----_=======_____ _ _ _=======----------___
DEMAND FOR STATEMENTS
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, the
undersigned attorneys for defendant, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK
NANDA, M.D., P.C. and DEEPAK NANDA, M.D., hereby demands that you furnish us
within THIRTY (30) days of the service of this notice the following:
any statements or reports made by the plaintiffs and/or any employee or former
1)
employees relating to the issues in this action;
statement of defendant or any adverse party, whether written or oral, in
2) any
whatever form recorded; and
3) and prior testimony given by any party regarding the facts and circumstances of
this matter, including without reservation, transcripts of prior administrative and/or
municipal hearings, Notice of Claim and any physical examination report from the
(50-h)
50-H Hearing. The aforesaid production may be complied with by sending a true copy of
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each aforementioned statement and writing to the undersigned within the time hereinbefore
specified.
PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply
with this notice, that the undersigned will move to preclude the plaintiff from introducing
into evidence and from otherwise using each aforementioned statement and writing for any
purpose whatsoever, upon the trial of this action.
NOTICE OF DISCOVE__RY FOR COLLATERAL SOURCE REIMBURSEMENT
PLEASE TAIM NOTICE, that pursuant to CPLR 4545 the plaintiffs are hereby
required to produce for discovery, inspection and copying by counsel for defcñdant, the
following:
1, Advise whether plaintiff received reimbursement or indemnification for
economic loss claimed in this action from any collateral source, including but not limited
to: disability insurance, credit disability insurance, employer-provided sick pay or iñc
continuation plans, disability provisions under qualified or non-qualified retirement plans,
mortgage disability insurance, travel accident insurañce, hospital indelanity insurance,
medical, dental, surgical, diagnostic x-ray, laboratory, or major medical insurance,
including coverage provided by a health maintenance insurer, and Social Security benefits
except for benefits received under Title XVIII of the Social Security Act (Health Insurance
for the Aged and Disabled).
a. If the answer to the foregoing is in the affirmative, state for which
such claim(s) plaintiff received payment, the amount thereof, and the name and address of
the person, firm, or organization who made such payment; and
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b. If such payment was made by an insurance company, state the
number of the policy under which paid.
2. Whether plaintiff made any claim for payment for economic loss which has
not yet been paid.
a. If the answer to the foregoing is in the affirmative, state the name of
the person, form, or orgãñization to which such claim was presented, the date of
presentation, and the amount claimed;
b. If such claim was presented to an insurance company, state the
number of the policy under which same was made;
3. For each such collateral source, the amount of premium paid by the plaintiff
for such benefits for the two-year period immediately preceding the accrual of this action;
and
4. For each such collateral source, the amount equal to the projected future
cost to the plaintiff of maintaining such benefits.
5. Provide all documents in the plaintiff's possession with respect to
reimbursement which the plaintiff has received from collateral sources for the cost of
medical care, custodial care, rehabilitation sources, loss of earnings and other economic
loss which the plaintiff will claim as special damages in this action.
a. Such documents shall include any and all bills and invoices for the
services rendered and canceled checks or receipts with respect to their payment,
correspondence, health and disability forms, and Medicare and Medicaid forms.
6. Provide duly executed authorizations permitting the defendant to obtain the
j records of any person, institution, facility, or governmental agency which has provided, or
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will provide any reimbursement for any of the special damages alleged herein, whether or
not such person, organization, facility or governmental agency has been listed in response
to paragraph 1, above.
Authorizations MUST be provided in HIPAA compliant form.
It isrequested that the aforesaid production be made within twenty (20) days of the
date herein at 10:00 a.m. at the law offices of BROWN, GAUJEAN, KRAUS & SAS TOW,
PLLC, 1 North Broadway, Suite 1010, White Plains, New York 10601.
In the event plaintiff possess no documents with respect to reimbursement, demand
is made for executed and currently aclmowledged authorizations to obtain copies ofrecords
from collateral sources, which authorizations shall include the complete name, address and
claim number of the reimbursing party.
In lieu of said discovery and inspection, photocopies of all documents may be
forwarded to the offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, prior to
said date of discovery.
NOTICE OF DISCOVERY AND INSPECTION FOR MEDICAL RECORDS OF
PRIOR TREATMENT
[ PLEASE TAIΠNOTICE, that the plaintiffs are hereby required to produce for
discovery, inspection and copying by counsel for defendant, DEEPAK NANDA M.D. P.C.
s/h/a DEEPAK NANDA, M.D., P.C. and DEEPAK NANDA, M.D. the following:
1. The names and addresses of any physicians, medical institutions, medical
personnel, nursing services or hospitals whom the plaintiff saw, consulted with and/or
received advice from prior to the negligence alleged herein.
2. Authorizations to obtain reports and records of the aforesaid physicians,
institutions, medical personnel, hospitals and/or nursing services.
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A separate authorization must be provided for each health care provider, employer,
pharmacy or health care insurer.
Authorizations MUST be provided in HIPAA compliant fornL
It isrequested that the aforesaid production be made within twenty (20) days of the
date herein at 10:00 a.m. at the law offices of BROWN, GAUJEAN, KRAUS & SASTOW,
PLLC, 1 North Broadway, Suite 1010, White Plains, New York 10601. Inspection will be
defendants'
made, and copying will be done at the expenses, and the documents will be
promptly returned after copying has been completed.
NOTICE OF DISCOVERY AND DEMAND FOR INSPECTION OF WITNESSES
PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for
discovery, lisspection and copying by counsel for defendant, the following:
1. The names, residence address and business address of the followmg persons
claimed by the plaintiffs to be witnesses herein.
a. Any and all persons claimed by plaintiffs to have witnessed the
treatment which was allegedly rendered by the defendant herein, including witnesses to
any physical examinanon, test, consultation, prescription or advice, performed by, at the
request of, on behalf of or rendered by the defendant herein.
b. Any and all persons claimed by the plaintiffs to have witnessed any
of the treatment rendered by any of the co-defendants herein.
c. Any and all persons claimed by the plaintiffs to have witnessed the
occurrence of the alleged malpractice herein.
d. All persons claimed by the plaintiffs to have witnessed the
occurrence of, cause of or inception of the injuries alleged herein.
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e. To any admission(s) by defendant of any element reflecting on
liability or damages.
f. In addition to the aforesaid witnesses, any witness who will testify
upon trial of this action on behalf of the plaintiff.
PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making
of the inspection, copying, testing and photographing as specified above is designated to
be made at the offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North
Broadway, Suite 1010, White Plains, New York 10601.
NOTICE OF DISCOVERY AND DEMAND FOR
PHOTOGRAPHS
PLEASE TAKE NOTICE that the plaintiffs are hereby required to produce for
discovery, inspection and copying by counsel for defendant, the following:
1. Copies of allphotographs, videotape, and/or movie/moving film which the
plaintiff will claim depict or otherwise represent the treatment, scene of the accident,
condition complained of or premises involved. This demand calls for actual reprints from
the negatives, not a xerox copy of the print.
PLEASE TAKE FURTHER NOTICE that this demand is continuing in nature
and effect, and plaintiff is to supplement its response to this demand as knowledge is
acquired, until a Note of Issue and Statement of Readiness is filed.
It isrequested that the aforesaid production be made within twenty (20) days of the
date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS &
SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York.
NOTICE OF DISCOVERY AND INSPECTION FOR
EMPLOYMENT RECORDS AND INCOME TAX RETURNS
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PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for
discovery, inspection and copying by counsel for defendant, the following:
I. Three executed and acknowledged IRS 4506 forms with copies of two
photographic identifications to obtain tax records for the years 2013 to present;
2. The names and addresses of all institutions, firms, corporations,
partnerships, persons or others by whom the plaintiff was employed or from whom the
plaintiff received salary and/or income benefits, for the years: 2013 to present.
3. Duly executed authorizations to permit the defendant to obtain the records
of the aforesaid with respect to the plaintiff's earnings, position, title, working capacity,
record of attendance, record of illness and employment status. Said authorizations are to
provide the full name and last known address of said employer(s).
4. In the event that the plaintiff was self-employed, an independent contractor,
employed by relatives, or in the presence of any other special circumstances, itis demanded
that the plaintiff provide duly executed authorizations to permit the defendants to obtain
copies of any federal, state and city income tax returns for the years specified in item 1 and
itis further demanded that the plaintiff produce for copying and inspection all W-2 forms
for the years specified in item 1.
It isrequested that the aforesaid production be made within twenty (20) days of the
date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS &
SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York.
NOTICE OF DISCOVERY AND INSPECTION FOR
DEFENDANTS' REDUCED
STATEM__ENTS NOT TO WRITING
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq., the defendant
named below hereby demand(s) that the above-named plaintiffs produce at the office of
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the undersigned attorneys, within twenty (20) days of your receipt of this notice, the name
and residence address of each and every individual who spoke, discussed or otherwise
reviewed with the below named defendant, the occurrence or inception of the alleged
injuries herein, together with the business address of each named individual, together with
any notes or memoranda made by such individuals, or by any one on behalf of the plaintiffs
with respect to each such conversation, discussion or review.
It isrequested that the aforesaid production be made within twenty (20) days of the
date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS &
SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York.
DEMAND FOR EXPERT WITNESS DISCLOSURE
PLEASE TAKE NOTICE, pursuant to CPLR 3101(d), that the plaintiffs are
required to furnish the undersigned, within twenty (20) days, with the following
information:
1. As to each person whom you expect to call as a medical expert witness at
trial, disclose in reåsonable detail the qualification of each expert witness. Include the
following:
a. The name of such expert(s);
b. The current address, both home and office of such expert(s);
c. The area of expertise;
d. Educational background, including the names, addresses and
graduation dates of each medical school attended;
e. The names and addresses of each hospital at which an intemship and
residency were served and the dates thereof;
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f. The name and address of each hospital in which privileges of
admitting patients were extended, and the nature of the privileges;
g. The state or states in which this individual was/is licensed to practice
medicine;
h. Each state in which this individual is actively engaged in the practice
of medicine;
L Societies of which each said expert is a member and the date of each
membership;
j. The present board certifications and/or qualifications, if any, and the
dates of such certifications and/or qualifications as to each proposed expert witness;
k. The subject matter on which each expert will testify;
1. The substance of the facts and opinions to which each expert will
testify;
m. A summary of the grounds for each expert's opinion.
2. If you will call an economist or actuary:
a. The name(s) of such economist and actuary;
j b. The address, both home and office of such expert(s);
c. The qualification of such expert(s), including educational
background, business and/or governiñental experience, and associations or societies of
which the expert is a member;
d. The subject matter on which each expert will testify;
e. The substance of the facts and opinions to which each expert will
testify;
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f. A summary of the grounds for each expert's opinion.
3. The name of any other expert whom you will call as a witness at the trial and for
such expert:
a. The current address, both home and office of such expert(s);
b. The subject matter on which the expert will testify;
c. The substance of the facts and opinions to which the expert will
testify;
d. A summary of the grounds for each opinion;
e. A brief chronological resume of the expert's qualifications,
including educational background and professional background, including associations or
societies of which the expert is a member, and as to medical personnel, the names and
addresses of all hospitals on whose staffs such experts are or were.
PLEASE TAIΠFURTHER NOTICE that this request is a continuing one. In
the event you should decide not to call any of the aforesaid experts disclosed or other or
different experts, then you are required to promptly respond to this request upon such
change of conditions.
DEMAND FOR TOTAL DAMAGES
PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq., demañd is hereby .
made upon you to furnish the undersigned attorneys with a supplemental demand setting
forth the total damages to which the plaintiffs deem themselves to be entitled.
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It isrequested that the aforesaid production be made within twenty (20) days of
the date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS &
SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York.
DEMAND FOR AUTHORIZATIONS
PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, you
are required to serve the undersigned with duly executed HIPAA compliant authorizations,
which include the address of the party to whom the authorizations apply, permitting
BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, or their authorized representative, to
obtain full and complete copies of allhospital and physician's records relative to the care
and treatment rendered to the plaintiff in this matter, including but not limited to:
1. Duly executed authorization for Northwell Health, Inc.;
2. Duly executed authorization for Long Island Jewish Medical Center;
3. Duly executed authorization for Deepak Nanda, M.D;
4. Duly executed authorization for Deepak Nanda M.D. P.C.;
5. Duly executed authorization(s) for any and alltreating urologist(s);
6. Duly executed authorization(s) for any and all treating urologynecologist(s)
7. Duly executed authorization(s) for all clinics visited by the plaintiff between 2006
and the present;
8. Duly executed authorization(s) for collateral source records from 2006 to present;
9. Duly executed authorization(s) for pharmacy records from 2006 to present;
10. Duly executed authorization(s) for all primary care physician(s) from 2006 to
present;
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11. Duly executed authorization(s) for any ER visitsand/or hospitalizations from 2006
to present;
12. Duly executed authorization(s) for allgynecologist(s) from 2006 to present;
13. Duly executed authorization(s) for any physical therapy, occupational therapy,
rehabilitation therapy, or other therapies received by the plaintiff;
14. Duly executed authorization(s) for any rehabilitation facilities which provided
services to plaintiff between 2006 and present;
15. Duly executed authorization(s) for any specialists who have seen/treated plaintiff
between 2006 and present;
16. Duly executed authorization(s) for any surgeon(s) who have seen/treated plaintiff
between 2006 and present;
17. Duly executed authorization(s) for any altemative medicine providers that treated
plaintiff between 2006 and present;
18. Duly executed authorization(s) for all home nursing care received by the plaintiff
between 2006 and the present;
19. Duly executed authorization(s) for all mental health professionals seen by the
plaintiff between 2006 and the present;
20. Duly executed authorization(s) for allhome therapy received by plaintiff between
2006 and present;
21. Duly executed authorization(s) for allhome care received by plaintiff between 2006
and present; and
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22. Duly executed authorization(s) for all existing reports of all physicians who have
treated or examined the plaintiff in connection with injuries and conditions for
which recovery is sought. [See Hoenig v. Westphal, 52 N.Y.2d 605 (1981)].
This demand includes a specific and continuing request for copies of all additional
and supplemental medical reports hereinafter received on behalf of the plaintiff with
service on the undersigned within twenty (20) days of receipt by the plaintiff.
Authorizations MUST be pr:;i'd in HIPAA compliant form.
PLEASE TAKE FURTHER NOTICE, that demãñd is hereby made upon you to
provide the full names and addresses of the above.
PLEASE TAKE FURTHER NOTICE, that production of the aforesaid
authorizations must be made within twenty (20) days from the date hereof and that failure
to comply will leave you subject to the remedies set forth in the CPLR.
NOTICE FOR DISCOVERY AND INSPECTION
| PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, the attorneys
for the plaintiffs are required to provide the following within twenty (20) days:
a. All radiologic films, tissue samples, pathology slides in possession of plaintiff;
b. All photos or videos plaintiff intend to use at trial;
c. Any journals, calendars or diaries maintained by plaintiff relative to the claims
in this case;
d. Any and allpleadings and transcripts pertaining to any other legal action which
may be pending or completed which arose from the same injuries or claims as
this lawsuit; and
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e. Copies of any bills, paid checks, statements or invoices documenting any
claimed special damages; and
a. A copy of the records from DEEPAK NANDA M.D. P.C. s/h/a
DEEPAK NANDA, M.D., P.C. in plaintiff's possession that
were obtained p_nor to the institution of this lawsuit. If you are
not in possession of same, so state; and
b. DEEPAK NANDA, M.D.., in plaintiff's possession that were
obtained p_riol:to the institution of this lawsuit. If you are not in
possession of same, so state.
That such production and discovery will be made at the office of the
undersigned, BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway,
19th
Suite 1010, White Plains, New York 10601, on the day of April, 2019, at 10 o'clock
in the forenoon of that day. This notice may otherwise be complied with by the service of
duplicates of the demanded items upon the offices of the undersigned.
DEMAND FOR MEDICAID and/or MEDICARE LIEN INFORMATION:
DEMAND FOR MEDICAID/MEDICARE AUTHORIZATIONS: AND
NOTICE TO PRODUCE DOCUMENTS PERTAINING TO
MEDICAID/MEDICARE BENEFITS
PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, the
undersigned attorneys for defendants DEEPAK NANDA M.D. P.C. s/h/a DEEPAK
NANDA, M.D., P.C. and DEEPAK NANDA, M.D., hereby demands that you furnish us
within thirty (30) days of the service of this notice the following:
1. A statement as to whether the plaintiffreceived benefits from Medicaid at any time,
for any reason, not limited to the injuries alleged in the instant action.
2. If the answer to No. 1 above is "yes", please state:
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a. Whether Medicaid has any lien(s) and the amount of any such lien(s);
b. The plaintiff's date of birth and Social Security number;
c. The Medicaid filenumber;
d. The county/counties which is/are handling the plaintiff's Medicaid file;
Demand for Medicaid Authorization and Notice to Produce
If the unawa to No. 1 above is "yes", please produce the following documents:
1. A duly executed, HIPAA-compliant authorization bearing the plaintiff's
date of birth and Social Security number, permitting this firm and other representatives of
defendant to obtain copies of the plaintiff's Medicaid records. (Please note that Medicaid
will require a specific authorization. We will provide you with this specific authorization
upon request.)
2. Copies of all docliments, records, memoranda, notes, etc., in plaintiff's
possession pertaining to the plaintiff's receipt of Medicaid benefits, including copies of all
documents provided to or received from the Medicaid administrator.
Demand for MEDICARE Lien Information and
MEDICARE Secondary Payer Information
1. A statement as to whether the plaintiff received benefits from Medicare at
any time, for any reason, not limited to the injuries alleged in the instant action.
2. If the answer to No. 1 above is "yes", please state:
a. Whether Medicare has any lien(s) and the amount of any such lien(s);
b. Whether any Medicare Secondary Payer (MSP) claims exist;
c. The plaintiff's date of birth and Social Security number;
d. The Medicare file number; and
e. The name and address of the contractor handling the plaintiff's Medicare file.
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Demand for MEDICARE Authorization and Notice to Produce
If the answer to No. 1 above is "yes", please produce the following documents:
1. A duly executed, HIPAA-compliant authorization bearing the plaintiff's
date of birth and Social Security number permitting this firm and other representatives of
defendant to obtain copies of the plaintiff's Medicare records. (Please note that Medicare
will require a specific authorization. We will provide you with this specific authorization
upon request.)
2. Copies of all documents, records, memoranda, notes, etc., in plaintiff's
possession pertaining to the plaintiff's receipt of Medicare benefits, including copies of all
documents provided to or received from the Medicare administrator;
3. If no Medicare Secondary Payer (MSP) claims exist, please provide a letter
from Medicare stating that no MSP claims exist.
4. If any Medicare Secondary Payer (MSP) claims exist,please provide a copy
of the claim summary from Medicare regarding those claims.
PLEASE TAKE FURTHER NOTICE, that production of the aforesaid
authorizations must be made within twenty (20) days from the date hereof and that failure
to comply will leave you subject to the remedies set forth in the CPLR.
IF YOU FAIL TO COMPLY, we shall rely on allsanctions provided by law.
DEMAND FOR TRIAL AUTHORIZATIONS
PLEASE TAKE NOTICE, that the below named attorneys demand that the
plaintiff furnish the below named defendants with the following, at the time the Note of
issue is filed:
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HIPAA COMPLIANT AUTHORIZATIONS FOR ALL PROVIDERS IDENTIFIED
DURING DISCOVERY ENABLING THE DEFENDANT(S) TO SERVE
SUBPOENAS FOR THE T
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FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS THERESA ROBINSON and DEREK ROBINSON, Index #: 717964/2018 j Plaintiff, OMNIBUS DISCOVERY -against- DEMANDS NORTHWELL HEALTH, INC., LONG ISLAND JEWISH MEDICAL CENTER, DEEPAK NANDA, M.D., P.C. and DEEPAK NANDA, M.D., Defendants _-----_=======_____ _ _ _=======----------___ DEMAND FOR STATEMENTS PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, the undersigned attorneys for defendant, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. and DEEPAK NANDA, M.D., hereby demands that you furnish us within THIRTY (30) days of the service of this notice the following: any statements or reports made by the plaintiffs and/or any employee or former 1) employees relating to the issues in this action; statement of defendant or any adverse party, whether written or oral, in 2) any whatever form recorded; and 3) and prior testimony given by any party regarding the facts and circumstances of this matter, including without reservation, transcripts of prior administrative and/or municipal hearings, Notice of Claim and any physical examination report from the (50-h) 50-H Hearing. The aforesaid production may be complied with by sending a true copy of 1 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 each aforementioned statement and writing to the undersigned within the time hereinbefore specified. PLEASE TAKE FURTHER NOTICE, that in the event of your failure to comply with this notice, that the undersigned will move to preclude the plaintiff from introducing into evidence and from otherwise using each aforementioned statement and writing for any purpose whatsoever, upon the trial of this action. NOTICE OF DISCOVE__RY FOR COLLATERAL SOURCE REIMBURSEMENT PLEASE TAIM NOTICE, that pursuant to CPLR 4545 the plaintiffs are hereby required to produce for discovery, inspection and copying by counsel for defcñdant, the following: 1, Advise whether plaintiff received reimbursement or indemnification for economic loss claimed in this action from any collateral source, including but not limited to: disability insurance, credit disability insurance, employer-provided sick pay or iñc continuation plans, disability provisions under qualified or non-qualified retirement plans, mortgage disability insurance, travel accident insurañce, hospital indelanity insurance, medical, dental, surgical, diagnostic x-ray, laboratory, or major medical insurance, including coverage provided by a health maintenance insurer, and Social Security benefits except for benefits received under Title XVIII of the Social Security Act (Health Insurance for the Aged and Disabled). a. If the answer to the foregoing is in the affirmative, state for which such claim(s) plaintiff received payment, the amount thereof, and the name and address of the person, firm, or organization who made such payment; and 2 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 b. If such payment was made by an insurance company, state the number of the policy under which paid. 2. Whether plaintiff made any claim for payment for economic loss which has not yet been paid. a. If the answer to the foregoing is in the affirmative, state the name of the person, form, or orgãñization to which such claim was presented, the date of presentation, and the amount claimed; b. If such claim was presented to an insurance company, state the number of the policy under which same was made; 3. For each such collateral source, the amount of premium paid by the plaintiff for such benefits for the two-year period immediately preceding the accrual of this action; and 4. For each such collateral source, the amount equal to the projected future cost to the plaintiff of maintaining such benefits. 5. Provide all documents in the plaintiff's possession with respect to reimbursement which the plaintiff has received from collateral sources for the cost of medical care, custodial care, rehabilitation sources, loss of earnings and other economic loss which the plaintiff will claim as special damages in this action. a. Such documents shall include any and all bills and invoices for the services rendered and canceled checks or receipts with respect to their payment, correspondence, health and disability forms, and Medicare and Medicaid forms. 6. Provide duly executed authorizations permitting the defendant to obtain the j records of any person, institution, facility, or governmental agency which has provided, or 3 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 will provide any reimbursement for any of the special damages alleged herein, whether or not such person, organization, facility or governmental agency has been listed in response to paragraph 1, above. Authorizations MUST be provided in HIPAA compliant form. It isrequested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m. at the law offices of BROWN, GAUJEAN, KRAUS & SAS TOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York 10601. In the event plaintiff possess no documents with respect to reimbursement, demand is made for executed and currently aclmowledged authorizations to obtain copies ofrecords from collateral sources, which authorizations shall include the complete name, address and claim number of the reimbursing party. In lieu of said discovery and inspection, photocopies of all documents may be forwarded to the offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, prior to said date of discovery. NOTICE OF DISCOVERY AND INSPECTION FOR MEDICAL RECORDS OF PRIOR TREATMENT [ PLEASE TAIŒ NOTICE, that the plaintiffs are hereby required to produce for discovery, inspection and copying by counsel for defendant, DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. and DEEPAK NANDA, M.D. the following: 1. The names and addresses of any physicians, medical institutions, medical personnel, nursing services or hospitals whom the plaintiff saw, consulted with and/or received advice from prior to the negligence alleged herein. 2. Authorizations to obtain reports and records of the aforesaid physicians, institutions, medical personnel, hospitals and/or nursing services. 4 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 A separate authorization must be provided for each health care provider, employer, pharmacy or health care insurer. Authorizations MUST be provided in HIPAA compliant fornL It isrequested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m. at the law offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York 10601. Inspection will be defendants' made, and copying will be done at the expenses, and the documents will be promptly returned after copying has been completed. NOTICE OF DISCOVERY AND DEMAND FOR INSPECTION OF WITNESSES PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for discovery, lisspection and copying by counsel for defendant, the following: 1. The names, residence address and business address of the followmg persons claimed by the plaintiffs to be witnesses herein. a. Any and all persons claimed by plaintiffs to have witnessed the treatment which was allegedly rendered by the defendant herein, including witnesses to any physical examinanon, test, consultation, prescription or advice, performed by, at the request of, on behalf of or rendered by the defendant herein. b. Any and all persons claimed by the plaintiffs to have witnessed any of the treatment rendered by any of the co-defendants herein. c. Any and all persons claimed by the plaintiffs to have witnessed the occurrence of the alleged malpractice herein. d. All persons claimed by the plaintiffs to have witnessed the occurrence of, cause of or inception of the injuries alleged herein. 5 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 e. To any admission(s) by defendant of any element reflecting on liability or damages. f. In addition to the aforesaid witnesses, any witness who will testify upon trial of this action on behalf of the plaintiff. PLEASE TAKE FURTHER NOTICE, that the time, place, manner and making of the inspection, copying, testing and photographing as specified above is designated to be made at the offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York 10601. NOTICE OF DISCOVERY AND DEMAND FOR PHOTOGRAPHS PLEASE TAKE NOTICE that the plaintiffs are hereby required to produce for discovery, inspection and copying by counsel for defendant, the following: 1. Copies of allphotographs, videotape, and/or movie/moving film which the plaintiff will claim depict or otherwise represent the treatment, scene of the accident, condition complained of or premises involved. This demand calls for actual reprints from the negatives, not a xerox copy of the print. PLEASE TAKE FURTHER NOTICE that this demand is continuing in nature and effect, and plaintiff is to supplement its response to this demand as knowledge is acquired, until a Note of Issue and Statement of Readiness is filed. It isrequested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York. NOTICE OF DISCOVERY AND INSPECTION FOR EMPLOYMENT RECORDS AND INCOME TAX RETURNS 6 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 PLEASE TAKE NOTICE, that the plaintiffs are hereby required to produce for discovery, inspection and copying by counsel for defendant, the following: I. Three executed and acknowledged IRS 4506 forms with copies of two photographic identifications to obtain tax records for the years 2013 to present; 2. The names and addresses of all institutions, firms, corporations, partnerships, persons or others by whom the plaintiff was employed or from whom the plaintiff received salary and/or income benefits, for the years: 2013 to present. 3. Duly executed authorizations to permit the defendant to obtain the records of the aforesaid with respect to the plaintiff's earnings, position, title, working capacity, record of attendance, record of illness and employment status. Said authorizations are to provide the full name and last known address of said employer(s). 4. In the event that the plaintiff was self-employed, an independent contractor, employed by relatives, or in the presence of any other special circumstances, itis demanded that the plaintiff provide duly executed authorizations to permit the defendants to obtain copies of any federal, state and city income tax returns for the years specified in item 1 and itis further demanded that the plaintiff produce for copying and inspection all W-2 forms for the years specified in item 1. It isrequested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York. NOTICE OF DISCOVERY AND INSPECTION FOR DEFENDANTS' REDUCED STATEM__ENTS NOT TO WRITING PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq., the defendant named below hereby demand(s) that the above-named plaintiffs produce at the office of 7 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 the undersigned attorneys, within twenty (20) days of your receipt of this notice, the name and residence address of each and every individual who spoke, discussed or otherwise reviewed with the below named defendant, the occurrence or inception of the alleged injuries herein, together with the business address of each named individual, together with any notes or memoranda made by such individuals, or by any one on behalf of the plaintiffs with respect to each such conversation, discussion or review. It isrequested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York. DEMAND FOR EXPERT WITNESS DISCLOSURE PLEASE TAKE NOTICE, pursuant to CPLR 3101(d), that the plaintiffs are required to furnish the undersigned, within twenty (20) days, with the following information: 1. As to each person whom you expect to call as a medical expert witness at trial, disclose in reåsonable detail the qualification of each expert witness. Include the following: a. The name of such expert(s); b. The current address, both home and office of such expert(s); c. The area of expertise; d. Educational background, including the names, addresses and graduation dates of each medical school attended; e. The names and addresses of each hospital at which an intemship and residency were served and the dates thereof; 8 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 f. The name and address of each hospital in which privileges of admitting patients were extended, and the nature of the privileges; g. The state or states in which this individual was/is licensed to practice medicine; h. Each state in which this individual is actively engaged in the practice of medicine; L Societies of which each said expert is a member and the date of each membership; j. The present board certifications and/or qualifications, if any, and the dates of such certifications and/or qualifications as to each proposed expert witness; k. The subject matter on which each expert will testify; 1. The substance of the facts and opinions to which each expert will testify; m. A summary of the grounds for each expert's opinion. 2. If you will call an economist or actuary: a. The name(s) of such economist and actuary; j b. The address, both home and office of such expert(s); c. The qualification of such expert(s), including educational background, business and/or governiñental experience, and associations or societies of which the expert is a member; d. The subject matter on which each expert will testify; e. The substance of the facts and opinions to which each expert will testify; 9 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 f. A summary of the grounds for each expert's opinion. 3. The name of any other expert whom you will call as a witness at the trial and for such expert: a. The current address, both home and office of such expert(s); b. The subject matter on which the expert will testify; c. The substance of the facts and opinions to which the expert will testify; d. A summary of the grounds for each opinion; e. A brief chronological resume of the expert's qualifications, including educational background and professional background, including associations or societies of which the expert is a member, and as to medical personnel, the names and addresses of all hospitals on whose staffs such experts are or were. PLEASE TAIŒ FURTHER NOTICE that this request is a continuing one. In the event you should decide not to call any of the aforesaid experts disclosed or other or different experts, then you are required to promptly respond to this request upon such change of conditions. DEMAND FOR TOTAL DAMAGES PLEASE TAKE NOTICE, that pursuant to CPLR 3101 et seq., demañd is hereby . made upon you to furnish the undersigned attorneys with a supplemental demand setting forth the total damages to which the plaintiffs deem themselves to be entitled. 10 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 It isrequested that the aforesaid production be made within twenty (20) days of the date herein at 10:00 a.m., at the law offices of BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, Suite 1010, White Plains, New York. DEMAND FOR AUTHORIZATIONS PLEASE TAKE NOTICE that, within twenty (20) days from the date hereof, you are required to serve the undersigned with duly executed HIPAA compliant authorizations, which include the address of the party to whom the authorizations apply, permitting BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, or their authorized representative, to obtain full and complete copies of allhospital and physician's records relative to the care and treatment rendered to the plaintiff in this matter, including but not limited to: 1. Duly executed authorization for Northwell Health, Inc.; 2. Duly executed authorization for Long Island Jewish Medical Center; 3. Duly executed authorization for Deepak Nanda, M.D; 4. Duly executed authorization for Deepak Nanda M.D. P.C.; 5. Duly executed authorization(s) for any and alltreating urologist(s); 6. Duly executed authorization(s) for any and all treating urologynecologist(s) 7. Duly executed authorization(s) for all clinics visited by the plaintiff between 2006 and the present; 8. Duly executed authorization(s) for collateral source records from 2006 to present; 9. Duly executed authorization(s) for pharmacy records from 2006 to present; 10. Duly executed authorization(s) for all primary care physician(s) from 2006 to present; 11 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 11. Duly executed authorization(s) for any ER visitsand/or hospitalizations from 2006 to present; 12. Duly executed authorization(s) for allgynecologist(s) from 2006 to present; 13. Duly executed authorization(s) for any physical therapy, occupational therapy, rehabilitation therapy, or other therapies received by the plaintiff; 14. Duly executed authorization(s) for any rehabilitation facilities which provided services to plaintiff between 2006 and present; 15. Duly executed authorization(s) for any specialists who have seen/treated plaintiff between 2006 and present; 16. Duly executed authorization(s) for any surgeon(s) who have seen/treated plaintiff between 2006 and present; 17. Duly executed authorization(s) for any altemative medicine providers that treated plaintiff between 2006 and present; 18. Duly executed authorization(s) for all home nursing care received by the plaintiff between 2006 and the present; 19. Duly executed authorization(s) for all mental health professionals seen by the plaintiff between 2006 and the present; 20. Duly executed authorization(s) for allhome therapy received by plaintiff between 2006 and present; 21. Duly executed authorization(s) for allhome care received by plaintiff between 2006 and present; and 12 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 22. Duly executed authorization(s) for all existing reports of all physicians who have treated or examined the plaintiff in connection with injuries and conditions for which recovery is sought. [See Hoenig v. Westphal, 52 N.Y.2d 605 (1981)]. This demand includes a specific and continuing request for copies of all additional and supplemental medical reports hereinafter received on behalf of the plaintiff with service on the undersigned within twenty (20) days of receipt by the plaintiff. Authorizations MUST be pr:;i'd in HIPAA compliant form. PLEASE TAKE FURTHER NOTICE, that demãñd is hereby made upon you to provide the full names and addresses of the above. PLEASE TAKE FURTHER NOTICE, that production of the aforesaid authorizations must be made within twenty (20) days from the date hereof and that failure to comply will leave you subject to the remedies set forth in the CPLR. NOTICE FOR DISCOVERY AND INSPECTION | PLEASE TAKE NOTICE that, pursuant to Article 31 of the CPLR, the attorneys for the plaintiffs are required to provide the following within twenty (20) days: a. All radiologic films, tissue samples, pathology slides in possession of plaintiff; b. All photos or videos plaintiff intend to use at trial; c. Any journals, calendars or diaries maintained by plaintiff relative to the claims in this case; d. Any and allpleadings and transcripts pertaining to any other legal action which may be pending or completed which arose from the same injuries or claims as this lawsuit; and 13 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 e. Copies of any bills, paid checks, statements or invoices documenting any claimed special damages; and a. A copy of the records from DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. in plaintiff's possession that were obtained p_nor to the institution of this lawsuit. If you are not in possession of same, so state; and b. DEEPAK NANDA, M.D.., in plaintiff's possession that were obtained p_riol:to the institution of this lawsuit. If you are not in possession of same, so state. That such production and discovery will be made at the office of the undersigned, BROWN, GAUJEAN, KRAUS & SASTOW, PLLC, 1 North Broadway, 19th Suite 1010, White Plains, New York 10601, on the day of April, 2019, at 10 o'clock in the forenoon of that day. This notice may otherwise be complied with by the service of duplicates of the demanded items upon the offices of the undersigned. DEMAND FOR MEDICAID and/or MEDICARE LIEN INFORMATION: DEMAND FOR MEDICAID/MEDICARE AUTHORIZATIONS: AND NOTICE TO PRODUCE DOCUMENTS PERTAINING TO MEDICAID/MEDICARE BENEFITS PLEASE TAKE NOTICE that pursuant to Article 31 of the CPLR, the undersigned attorneys for defendants DEEPAK NANDA M.D. P.C. s/h/a DEEPAK NANDA, M.D., P.C. and DEEPAK NANDA, M.D., hereby demands that you furnish us within thirty (30) days of the service of this notice the following: 1. A statement as to whether the plaintiffreceived benefits from Medicaid at any time, for any reason, not limited to the injuries alleged in the instant action. 2. If the answer to No. 1 above is "yes", please state: 14 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 a. Whether Medicaid has any lien(s) and the amount of any such lien(s); b. The plaintiff's date of birth and Social Security number; c. The Medicaid filenumber; d. The county/counties which is/are handling the plaintiff's Medicaid file; Demand for Medicaid Authorization and Notice to Produce If the unawa to No. 1 above is "yes", please produce the following documents: 1. A duly executed, HIPAA-compliant authorization bearing the plaintiff's date of birth and Social Security number, permitting this firm and other representatives of defendant to obtain copies of the plaintiff's Medicaid records. (Please note that Medicaid will require a specific authorization. We will provide you with this specific authorization upon request.) 2. Copies of all docliments, records, memoranda, notes, etc., in plaintiff's possession pertaining to the plaintiff's receipt of Medicaid benefits, including copies of all documents provided to or received from the Medicaid administrator. Demand for MEDICARE Lien Information and MEDICARE Secondary Payer Information 1. A statement as to whether the plaintiff received benefits from Medicare at any time, for any reason, not limited to the injuries alleged in the instant action. 2. If the answer to No. 1 above is "yes", please state: a. Whether Medicare has any lien(s) and the amount of any such lien(s); b. Whether any Medicare Secondary Payer (MSP) claims exist; c. The plaintiff's date of birth and Social Security number; d. The Medicare file number; and e. The name and address of the contractor handling the plaintiff's Medicare file. 15 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 Demand for MEDICARE Authorization and Notice to Produce If the answer to No. 1 above is "yes", please produce the following documents: 1. A duly executed, HIPAA-compliant authorization bearing the plaintiff's date of birth and Social Security number permitting this firm and other representatives of defendant to obtain copies of the plaintiff's Medicare records. (Please note that Medicare will require a specific authorization. We will provide you with this specific authorization upon request.) 2. Copies of all documents, records, memoranda, notes, etc., in plaintiff's possession pertaining to the plaintiff's receipt of Medicare benefits, including copies of all documents provided to or received from the Medicare administrator; 3. If no Medicare Secondary Payer (MSP) claims exist, please provide a letter from Medicare stating that no MSP claims exist. 4. If any Medicare Secondary Payer (MSP) claims exist,please provide a copy of the claim summary from Medicare regarding those claims. PLEASE TAKE FURTHER NOTICE, that production of the aforesaid authorizations must be made within twenty (20) days from the date hereof and that failure to comply will leave you subject to the remedies set forth in the CPLR. IF YOU FAIL TO COMPLY, we shall rely on allsanctions provided by law. DEMAND FOR TRIAL AUTHORIZATIONS PLEASE TAKE NOTICE, that the below named attorneys demand that the plaintiff furnish the below named defendants with the following, at the time the Note of issue is filed: 16 of 18 FILED: QUEENS COUNTY CLERK 03/20/2019 03:43 PM INDEX NO. 717964/2018 NYSCEF DOC. NO. 13 RECEIVED NYSCEF: 03/20/2019 HIPAA COMPLIANT AUTHORIZATIONS FOR ALL PROVIDERS IDENTIFIED DURING DISCOVERY ENABLING THE DEFENDANT(S) TO SERVE SUBPOENAS FOR THE T