FILED: QUEENS COUNTY CLERK 08/09/ /28/ :01 01:26 AM PM INDEX NO /2016 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/09/2016

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1 FILED: QUEENS COUNTY CLERK 08/09/ /28/ :01 01:26 AM PM INDEX NO / /2017 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 08/09/ /28/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS x SATI HARICKDEO, as Temporary Administrator of the Estate of ALANA HARICKDEO, -against- Plaintiff, REGINALD D. HUGHES, M.D., NICHOLAS L. PANTALEO, M.D., STACY MOYSTON DUCKIE, R.N., LAILANI MONTILLA, R.N., JAMAICA HOSPITAL MEDICAL CENTER, THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., SUMMONS Index Number: /2016 Date Purchased: 08/09/2016 Plaintiff designates Queens County as the place of trial. The basis of venue is the Plaintiff- Decedent s residence: st Street, Ozone Park, NY Defendants x TO THE ABOVE-NAMED DEFENDANTS: YOU ARE HEREBY SUMMONED to answer the complaint in this action and to serve a copy of your answer, or, if the complaint is not served with this summons, to serve a notice of appearance, on the Plaintiff s attorneys, LAW OFFICES OF JOSEPH M. LICHTENSTEIN, P.C., within 20 days after the service of this summons, exclusive of the day of service (or within 30 days after the service is complete if the summons is not personally delivered to you within the State of New York); and, in the case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the complaint. Dated: Mineola, New York August 8, 2016 Yours, etc., LAW OFFICES OF JOSEPH M. LICHTENSTEIN /s/ T. McKinley Thornton By: T. McKinley Thornton, Esq. Attorneys for Plaintiff 131 Mineola Boulevard, Suite 102 Mineola, New York Tel: (516) Fax: (516) TMThornton@jml-law.com 1 1 of 11

2 TO: REGINALD D. HUGHES, M.D Jamaica Avenue Jamaica, New York NICHOLAS L. PANTALEO, M.D Jamaica Avenue Jamaica, New York STACY MOYSTON DUCKIE, R.N Van Wyck Expressway Jamaica, New York LAILANI MONTILLA, R.N Van Wyck Expressway Jamaica, New York JAMAICA HOSPITAL MEDICAL CENTER 8900 Van Wyck Expressway Jamaica, New York THE NEW YORK AND PRESBYTERIAN HOSPITAL 1320 York Avenue, Box 715 New York, New York, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC York Avenue, Box 715 New York, New York, NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM, INC. 525 East 68th Street, Box 88 New York, New York, of 11

3 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS x SATI HARICKDEO, as Temporary Administrator of the Estate of ALANA HARICKDEO, Plaintiff, VERIFIED COMPLAINT Index Number: Date Purchased: -against- REGINALD D. HUGHES, M.D., NICHOLAS L. PANTALEO, M.D., STACY MOYSTON DUCKIE, R.N., LAILANI MONTILLA, R.N., JAMAICA HOSPITAL MEDICAL CENTER, THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendants x Plaintiff, by her attorneys, LAW OFFICES OF JOSEPH M. LICHTENSTEIN, P.C., complaining of the defendants, alleges, upon information and belief, as follows: AS AND FOR A FIRST CAUSE OF ACTION 1. At all times stated herein, the Plaintiff was and is a resident of st Street, Ozone Park, NY in the County of Queens, State of New York. 2. At all times mentioned herein, defendants REGINALD D. HUGHES, M.D., and NICHOLAS L. PANTALEO, M.D., were physicians duly licensed to practice medicine in the State of New York. 3. At all times mentioned herein, defendants REGINALD D. HUGHES, M.D., and NICHOLAS L. PANTALEO, M.D., were physicians holding themselves out to the general public as being competent in the care and treatment of patients and able to treat patients in general, and the Plaintiff-Decedent herein in particular, in accordance with the acceptable standards of medical practice. 4. At all times mentioned herein, defendants STACY MOYSTON DUCKIE, R.N., and LAILANI MONTILLA, R.N., were Registered Nurses duly licensed to practice in the State of New York. 1 3 of 11

4 5. At all times mentioned herein, defendants STACY MOYSTON DUCKIE, R.N., and LAILANI MONTILLA, R.N., were Registered Nurses holding themselves out to the general public as being competent in the care and treatment of patients and able to treat patients in general, and the Plaintiff-Decedent herein in particular, in accordance with the acceptable standards of medical practice. 6. At all times stated herein, and at the time of her death, the Plaintiff-Decedent resided at st Street, Ozone Park, NY in the County of Queens, State of New York. 7. At all times mentioned herein, defendant JAMAICA HOSPITAL MEDICAL CENTER, owned, operated, controlled, and managed a healthcare facility pursuant to the laws of the State of New York for the care of the sick, known as Jamaica Hospital Medical Center, located at 8900 Van Wyck Expressway, Jamaica, NY 11418, in the County of Queens, State of New York, which provided personnel, including doctors, nurses, attendants, and others for the care and treatment of its patients and which held itself out to the public as furnishing treatment facilities where patients, including Plaintiff-Decedent ALANA HARICKDEO, could be treated for various ailments and, more particularly, for the type of ailment suffered by the Plaintiff- Decedent. 8. At all times stated herein, defendants REGINALD D. HUGHES, M.D., NICHOLAS L. PANTALEO, M.D., STACY MOYSTON DUCKIE, R.N., LAILANI MONTILLA, R.N., and JAMAICA HOSPITAL MEDICAL CENTER, provided medical treatment and care to the Plaintiff-Decedent at Jamaica Hospital Medical Center, located at 8900 Van Wyck Expressway, Jamaica, NY 11418, in the County of Queens, State of New York. 9. At all times mentioned herein, defendants THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM, INC., owned, operated, controlled, and managed a healthcare facility pursuant to the laws of the State of New York for the care of the sick, known as NewYork-Presbyterian/Queens, located at Main Street, Flushing, NY 11355, in the County of Queens, State of New York, which provided 2 4 of 11

5 personnel, including doctors, nurses, attendants, and others for the care and treatment of its patients and which held itself out to the public as furnishing treatment facilities where patients, including Plaintiff-Decedent ALANA HARICKDEO, could be treated for various ailments and, more particularly, for the type of ailment suffered by the Plaintiff-Decedent. 10. At all times stated herein, defendants THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM, INC., provided medical treatment and care to the Plaintiff-Decedent at NewYork- Presbyterian/Queens, located at Main Street, Flushing, NY 11355, in the County of Queens, State of New York. 11. This action is being commenced within two years after the death of the Plaintiff-Decedent, caused by the events upon which the claims herein are based. 12. On or about August 10, 2014, through and until the time of the Plaintiff-Decedent s death on August 10, 2014, and at other times prior thereto, the defendants, REGINALD D. HUGHES, M.D., NICHOLAS L. PANTALEO, M.D., STACY MOYSTON DUCKIE, R.N., LAILANI MONTILLA, R.N., JAMAICA HOSPITAL MEDICAL CENTER, THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM, INC., and/or their agents, servants, and/or employees undertook and agreed to render medical treatment and care to Plaintiff-Decedent ALANA HARICKDEO. 13. The Defendants, REGINALD D. HUGHES, M.D., NICHOLAS L. PANTALEO, M.D., STACY MOYSTON DUCKIE, R.N., LAILANI MONTILLA, R.N., JAMAICA HOSPITAL MEDICAL CENTER, THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM, INC., and/or their agents, servants, partners, residents, and/or employees, were negligent, reckless, and grossly negligent, and committed wanton acts, and departed from standards of professional medical care, in failing to timely and appropriately respond to 3 5 of 11

6 Plaintiff-Decedent s signs, symptoms, vital signs, and medical history, in failing to properly assess the Plaintiff-Decedent s symptoms, in failing to have appropriately staffed personnel trained and equipped to respond and handle the Plaintiff-Decedent s complaints and symptoms; in failing to train personnel to be equipped and able to respond and handle the Plaintiff-Decedent s complaints and symptoms, in failing to follow good practice, in performing contraindicated procedures on the Plaintiff-Decedent, in failing to perform indicated procedures in a proper manner, in performing indicated procedures negligently on the Plaintiff- Decedent and negligently performing procedures on the Plaintiff-Decedent, and in failing to conduct appropriate tests and studies. The Defendants failed to properly respond and react to Plaintiff-Decedent s complaints, failed to have properly trained and capable staff to treat the Plaintiff-Decedent, and the Defendants, through their agents, servants partners, residents, and/or employees were otherwise careless, reckless, and negligent under the circumstances then and there existing. In addition to the foregoing, Plaintiff reserves the right to rely on the doctrine of res ipsa loquitur. 14. The foregoing occurrence was caused as a result of the negligence and medical malpractice of the Defendants, and/or their agents, servants, and/or employees, without any negligence on the part of the Plaintiff or the Plaintiff-Decedent contributing thereto. 15. As a result of the foregoing, the Plaintiff-Decedent suffered a tremendously painful death; fear of impending death; conscious pain and suffering as a result of her untreated symptoms, including, without limitation, shortness of breath, a severe asthma attack, and oxygen deprivation; breathing distress; loss of consciousness; severe pain and suffering; loss of quality and enjoyment of life; and extreme emotional suffering, including extreme anxiety. 16. As a result of the foregoing, the Plaintiff-Decedent has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. 4 6 of 11

7 AS AND FOR A SECOND CAUSE OF ACTION 17. Plaintiff repeats, reiterates, and realleges each and every paragraph of the complaint numbered 1 through 16 with the same force and effect as if fully set forth at length herein. 18. The Defendants, and/or their agents, servants, partners, residents, employees, and/or others acting within their control, failed to advise of the risks, hazards, and dangers inherent in the treatment rendered, failed to advise of the alternatives thereto and failed to obtain a proper informed consent. 19. The Defendants failed to disclose to the Plaintiff-Decedent of such alternatives to the treatment and the reasonably foreseeable risks and benefits involved as a reasonable medical provider under similar circumstances would have disclosed in a manner permitting the patient to make a knowledgeable evaluation. 20. A reasonably prudent person in the Plaintiff-Decedent s position would not have undergone the treatment if she had been properly informed, and the lack of informed consent is a proximate cause of the injury for which relief is sought. 21. The foregoing occurrence was caused as a result of the negligence of the Defendants, and/or their agents, servants, and employees, without any negligence on the part of the Plaintiffs contributing thereto. 22. As a result of the foregoing, the Plaintiff-Decedent, ALANA HARICKDEO, was rendered sick and disabled, suffered injuries, pain and mental anguish, was compelled to seek medical care, incurred expenses, was permanently injured and disabled, and ultimately died. 23. The Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. AS AND FOR A THIRD CAUSE OF ACTION 24. Plaintiff repeats, reiterates and realleges each and every paragraph of the complaint numbered 1 through 23 with the same force and effect as if fully set forth at length herein. 5 7 of 11

8 25. As a legal and proximate cause of the medical malpractice and negligence of the defendants, the plaintiff decedent was caused to die on August 10th, 2014, and to suffer WRONGFUL DEATH. 26. The Plaintiff-Decedent left distributees surviving, who, by reason of the wrongful death of the Plaintiff-Decedent, have suffered pecuniary damages, damages for wrongful death, and pecuniary harm and injury. 27. The Plaintiff has been damaged in an amount which exceeds the jurisdictional limits of all lower courts which would otherwise have jurisdiction. WHEREFORE, Plaintiff demands judgment against the Defendants, on the FIRST, SECOND, AND THIRD CAUSES OF ACTION, in an amount exceeding the jurisdictional limits of all lower courts, together with the costs and disbursements of this action. Dated: Mineola, New York August 8, 2016 Yours, etc., LAW OFFICES OF JOSEPH M. LICHTENSTEIN /s/ T. McKinley Thornton By: T. McKinley Thornton, Esq. Attorneys for Plaintiff 131 Mineola Boulevard, Suite 102 Mineola, New York Tel: (516) Fax: (516) TMThornton@jml-law.com 6 8 of 11

9 ATTORNEY S CERTIFICATION Pursuant to Section a of the Rules of the Chief Administrator (22 NYCRR) the within SUMMONS & COMPLAINT TO CPLR 3101(d) is certified to the best of the undersigned knowledge, information and belief, formed after an inquiry reasonable under the circumstances. The presentations of the papers or the contentions therein are not frivolous as defined in subsection (c) of section Dated: Mineola, New York August 8, 2016 /s/ T. McKinley Thornton T. MCKINLEY THORNTON 9 of 11

10 ATTORNEY S VERIFICATION T. McKinley Thornton, an attorney duly admitted to practice law before the Courts of the State of New York, affirms the truth of the following under penalties of perjury; I am attorney of record for SATI HARICKDEO as Temporary Administrator of the Estate of ALANA HARICKDEO, in the within action; I have read the foregoing VERIFIED SUMMONS AND COMPLAINT, and know the contents thereof; the same is true to my own knowledge except as to those matters said to be upon information and belief and as to those matters I believe them to be true. This affirmation is submitted by the undersigned because the plaintiff is not in the county where I maintain my office. Dated: Mineola, New York August 8, 2016 /s/ T. McKinley Thornton T. MCKINLEY THORNTON 10 of 11

11 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS x SATI HARICKDEO, as Temporary Administrator of the Estate of ALANA HARICKDEO, Plaintiff, CERTIFICATE OF MERIT Index Number: Date Purchased: -against- REGINALD D. HUGHES, M.D., NICHOLAS L. PANTALEO, M.D., STACY MOYSTON DUCKIE, R.N., LAILANI MONTILLA, R.N., JAMAICA HOSPITAL MEDICAL CENTER, THE NEW YORK AND PRESBYTERIAN HOSPITAL, THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., and NEW YORK- PRESBYTERIAN HEALTHCARE SYSTEM, INC., Defendants x T. MCKINLEY THORNTON, the attorney for the plaintiff in the above action, declares that a physician licensed to practice in the State of New York, who is knowledgeable of the relevant issues, was consulted. On the basis of this consultation, the attorney has concluded that there is a reasonable basis for commencement of this action. Dated: Mineola, New York August 8, 2016 /s/ T. McKinley Thornton T. MCKINLEY THORNTON 11 of 11

12 SUPREME COURT OF THE STATE OF NEW COUNTY OF QUEENS SATI HARICKDEO x - REGINALD D. HUGHES M.D. et al Plaintiff/Petition Defendant/Responde x Index /2016 NOTICE OF COMMENCEMENT OF ACTION SUBJECT TO MANDATORY ELECTRONIC PLEASE TAKE NOTICE that the matter captioned above has been commenced as an electronically filed case in the New York State Courts Electronic Filing System ( NYSCEF ) as required by CPLR 2111 and Uniform Rule bb (mandatory electronic filing). This notice is being served as required by that rule. NYSCEF is designed for the electronic filing of documents with the County Clerk and the court and for the electronic service of those documents, court documents, and court notices upon counsel and unrepresented litigants who have consented to Electronic filing offers significant benefits for attorneys and litigants, permitting papers to be filed with the County Clerk and the court and served on other parties simply, conveniently, and quickly. NYSCEF case documents are filed with the County Clerk and the court by filing on the NYSCEF Website, which can be done at any time of the day or night on any day of the week. The documents are served automatically on all consenting e-filers as soon as the document is uploaded to the website, which sends out The NYSCEF System charges no fees for filing, serving, or viewing the electronic case record, nor does it charge any fees to print any filed documents. Normal filing fees must be paid, but this can be done on-line. Parties represented by an attorney: An attorney representing a party who is served with this notice must either: 1) immediately record his or her representation within the e-filed matter on the NYSCEF site; or 2) file the Notice of Opt-Out form with the clerk of the court where this action is pending. Exemptions from mandatory e-filing are limited to attorneys who certify in good faith that they lack the computer hardware and/or scanner and/or internet connection or that they lack (along with all employees subject to their direction) the operational knowledge to comply with e-filing Parties not represented by an attorney: Unrepresented litigants are exempt from efiling. They can serve and file documents in paper form and must be served with documents in paper form. However, an unrepresented litigant Page 1 of 2 EFM-1

13 For information on how to participate in e-filing, unrepresented litigants should contact the appropriate clerk in the court where the action was filed or visit www. nycourts.gov/efileunrepresented. Unrepresented litigants also are encouraged to visit or contact the Help Center in the court where the action was filed. An unrepresented litigant who consents to e-filing may cease participation at any time. However, the other parties may continue to e-file their court documents in the case. For additional information about electronic filing and to create a NYSCEF account, visit the NYSCEF website at or contact the NYSCEF Resource Center (phone: ; efile@nycourts.gov). Dated 08/09/2016 /s/t. McKinley Thornton Signature T. McKinley Thornton Name Law Offices of Joseph M. Lichtenstein Firm Name 131 Mineola Blvd, Suite 102 Address Mineola, NY City, State, and Zip Phone josephlichtenstein@yahoo.com To: *REGINALD D. HUGHES, M.D., *NICHOLAS L. PANTALEO, M.D., * *STACY MOYSTON DUCKIE, R.N., *LAILANI MONTILLA, R.N., *JAMAICA HOSPITAL MEDICAL CENTER, *THE NEW YORK AND PRESBYTERIAN HOSPITAL, *THE NEW YORK AND PRESBYTERIAN HOSPITALS, INC., *NEW YORK-PRESBYTERIAN HEALTHCARE SYSTEM, INC. 9/3/15 Index Page 2 of 2 EFM-1