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FILED: ERIE COUNTY CLERK 08/15/2019 12:22 PM INDEX NO. 805595/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/15/2019
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
__________________________________________
CHARLES FREDRICK,
Plaintiff,
AFFIRMATION
vs.
LAUREN BECKSTEIN and Index No.: 805595/2018
JOSEPH G. BROWN,
Defendants.
___________________________________________
I, Rafael O. Gomez, Esq., under the penalty of perjury, hereby affirm as follows:
1. I am an attorney duly licensed to practice in the State of New York, and am a
member of Gomez & Becker, LLP, attorneys for the Plaintiff, Charles Fredrick, and as such am
full familiar with the facts and circumstances stated herein.
2. Plaintiff opposes the motion of Defendant, Joseph G. Brown, seeking an
unrestricted authorization for Plaintiff’s pharmacy records and Medicaid.
3. Plaintiff’s Verified Bill of Particulars to this Defendant (Attached hereto as
Exhibit 1) stated the following regarding the injuries alleged from the subject accident:
As a result of the subject accident, Plaintiff sustained the following injuries: pain,
limitation of motion and swelling of the cervical and lumbar spine; cervical
sprain/strain; lumbar sprain/strain; aggravation and/or exacerbation of pre-existing
degenerative conditions and/or defects in the cervical spine; aggravation and/or
exacerbation of pre-existing conditions and/or defects in a lumbar spine; L5-S1 central
disc herniation; occipital neuralgia of left side; pain, limitation of motion and swelling
in the left knee; lateral meniscus tear of left knee; aggravation and/or exacerbation of
pre-existing conditions in the left knee.
All of these injuries were accompanied by tearing, irritation and injury to the tendons,
ligaments, muscles, blood vessels, cartilages, nerves and soft tissues of the affected
areas, together with the blood supply to those areas, swelling, scarring, pain, suffering
and limitation of motion. All the aforementioned injuries are claimed to be permanent
and disabling, except those of a superficial nature.
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FILED: ERIE COUNTY CLERK 08/15/2019 12:22 PM INDEX NO. 805595/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/15/2019
4. Moreover, the Verified Bill of Particulars stated treatment has been covered, or
should be covered, through Progressive Insurance Company pursuant to the No-Fault Policy
under Claim #16-4506334. Ex. 1
5. Plaintiff’s injuries from this accident are not so broad as to put into controversy
all of his medical conditions, and allowing unfettered access to his pharmacy records and
Medicaid records. see Reading v Fabiano, 6 NYS3d 360 (4th Dept. 2015)
6. Plaintiff is willing to obtain the pharmacy records and submit them to the Court
for an in camera review, together with a proposed redacted and an unredacted copy. see Nicther
v. Erie County Med. Ctr. Corp.. 93 AD3d 1337 (4th Dept. 2012)
7. Plaintiff objects to providing Defendants with Medicaid records. These are
confidential and privileged documents which have no bearing on the case. Any information
about payments Medicaid may, or may not have made, to providers herein can be obtained
through the individual providers for whom Plaintiff has already given authorizations.
8. If the Court is inclined to grant the application to the extent it pertains to
treatment related to the accident, then it is respectfully submitted that same be done in camera
before disclosure to Defendants. Plaintiff will obtain the Medicaid records and submit them to
the Court with a proposed redacted version and an unredacted version for review. Nichter, supra.
WHEREFORE, Plaintiff, Charles Fredick, respectfully requests the Court deny this
motion in its entirety, or in the alternative, order the records to be submitted for an in camera
review to determine what is relevant and material before disclosing to Defendants, and such
other and further relief as to which this Court deems just and proper.
Dated: August 12, 2019
Buffalo, New York
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FILED: ERIE COUNTY CLERK 08/15/2019 12:22 PM INDEX NO. 805595/2018
NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/15/2019
Yours, etc.,
S/ RAFAEL O. GOMEZ
______________________________
Rafael O. Gomez, Esq.
GOMEZ & BECKER, LLP
Attorneys for Plaintiff
2746 Delaware Avenue
The Eberhardt Mansion
Buffalo, New York 14217
(716) 873-0333
rgomez@gomezbecker.com
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Preview
FILED: ERIE COUNTY CLERK 08/15/2019 12:22 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/15/2019 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE __________________________________________ CHARLES FREDRICK, Plaintiff, AFFIRMATION vs. LAUREN BECKSTEIN and Index No.: 805595/2018 JOSEPH G. BROWN, Defendants. ___________________________________________ I, Rafael O. Gomez, Esq., under the penalty of perjury, hereby affirm as follows: 1. I am an attorney duly licensed to practice in the State of New York, and am a member of Gomez & Becker, LLP, attorneys for the Plaintiff, Charles Fredrick, and as such am full familiar with the facts and circumstances stated herein. 2. Plaintiff opposes the motion of Defendant, Joseph G. Brown, seeking an unrestricted authorization for Plaintiff’s pharmacy records and Medicaid. 3. Plaintiff’s Verified Bill of Particulars to this Defendant (Attached hereto as Exhibit 1) stated the following regarding the injuries alleged from the subject accident: As a result of the subject accident, Plaintiff sustained the following injuries: pain, limitation of motion and swelling of the cervical and lumbar spine; cervical sprain/strain; lumbar sprain/strain; aggravation and/or exacerbation of pre-existing degenerative conditions and/or defects in the cervical spine; aggravation and/or exacerbation of pre-existing conditions and/or defects in a lumbar spine; L5-S1 central disc herniation; occipital neuralgia of left side; pain, limitation of motion and swelling in the left knee; lateral meniscus tear of left knee; aggravation and/or exacerbation of pre-existing conditions in the left knee. All of these injuries were accompanied by tearing, irritation and injury to the tendons, ligaments, muscles, blood vessels, cartilages, nerves and soft tissues of the affected areas, together with the blood supply to those areas, swelling, scarring, pain, suffering and limitation of motion. All the aforementioned injuries are claimed to be permanent and disabling, except those of a superficial nature. 1 of 3 FILED: ERIE COUNTY CLERK 08/15/2019 12:22 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/15/2019 4. Moreover, the Verified Bill of Particulars stated treatment has been covered, or should be covered, through Progressive Insurance Company pursuant to the No-Fault Policy under Claim #16-4506334. Ex. 1 5. Plaintiff’s injuries from this accident are not so broad as to put into controversy all of his medical conditions, and allowing unfettered access to his pharmacy records and Medicaid records. see Reading v Fabiano, 6 NYS3d 360 (4th Dept. 2015) 6. Plaintiff is willing to obtain the pharmacy records and submit them to the Court for an in camera review, together with a proposed redacted and an unredacted copy. see Nicther v. Erie County Med. Ctr. Corp.. 93 AD3d 1337 (4th Dept. 2012) 7. Plaintiff objects to providing Defendants with Medicaid records. These are confidential and privileged documents which have no bearing on the case. Any information about payments Medicaid may, or may not have made, to providers herein can be obtained through the individual providers for whom Plaintiff has already given authorizations. 8. If the Court is inclined to grant the application to the extent it pertains to treatment related to the accident, then it is respectfully submitted that same be done in camera before disclosure to Defendants. Plaintiff will obtain the Medicaid records and submit them to the Court with a proposed redacted version and an unredacted version for review. Nichter, supra. WHEREFORE, Plaintiff, Charles Fredick, respectfully requests the Court deny this motion in its entirety, or in the alternative, order the records to be submitted for an in camera review to determine what is relevant and material before disclosing to Defendants, and such other and further relief as to which this Court deems just and proper. Dated: August 12, 2019 Buffalo, New York 2 of 3 FILED: ERIE COUNTY CLERK 08/15/2019 12:22 PM INDEX NO. 805595/2018 NYSCEF DOC. NO. 15 RECEIVED NYSCEF: 08/15/2019 Yours, etc., S/ RAFAEL O. GOMEZ ______________________________ Rafael O. Gomez, Esq. GOMEZ & BECKER, LLP Attorneys for Plaintiff 2746 Delaware Avenue The Eberhardt Mansion Buffalo, New York 14217 (716) 873-0333 rgomez@gomezbecker.com 3 of 3