Commonwealth of Massachusetts HAMPDEN SUPERIOR COURT Case Summary Civil Docket

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1 Commonwealth of Massachusetts HAMPDEN SUPERIOR COURT Case Summary Civil Docket Vela v Fried M D et al Details for Docket: HDCV Case Information Docket Number: HDCV Caption: Vela v Fried M D et al Filing Date: 11/01/1999 Case Status: Disposed: by Settlement Status Date: 10/17/2003 Session: Civil B - Ctrm 7 Lead Case: NA Case Type: Most Tracking Deadlines TRK: A Discovery: 12/20/2001 Service Date: 01/30/2000 Disposition: 10/31/2002 Rule 15: 01/24/2001 Rule 12/19/20: 03/30/2000 Final PTC: 06/18/2002 Rule 56: 02/18/2002 Answer Date: 03/30/2000 Jury Trial: YES Case Information Docket Number: HDCV Caption: Vela v Fried M D et al Filing Date: 11/01/1999 Case Status: Disposed: by Settlement Status Date: 10/17/2003 Session: Civil B - Ctrm 7 Lead Case: NA Case Type: Medical malpractice Tracking Deadlines TRK: A Discovery: 12/20/2001 Service Date: 01/30/2000 Disposition: 10/31/2002 Rule 15: 01/24/2001 Rule 12/19/20: 03/30/2000 Final PTC: 06/18/2002 Rule 56: 02/18/2002 Answer Date: 03/30/2000 Jury Trial: YES Parties Involved 6 Parties Involved in Docket: HDCV Last Name: Sanderson First Name: Linda Address: Address: City: State: Zip Code: Zip Ext: Telephone: Alias plaintiff name Defendant

2 Last Name: Fried M D First Name: Gay Address: Address: City: State: Zip Code: Zip Ext: Telephone: Defendant Last Name: Polonsky M D First Name: Linda Address: Address: City: State: Zip Code: Zip Ext: Telephone: Defendant Last Name: Rencus M D First Name: Oded Address: Address: City: State: Zip Code: Zip Ext: Telephone: Other interested party Last Name: O'Connor Esq. First Name: Christine M Address: Palmer & Dodge Address: 111 Huntington Ave at Prudential City: Boston State: MA Zip Code: Zip Ext: 7613 Telephone: Plaintiff Last Name: Vela First Name: Linda Address: Address: City: State: Zip Code: Zip Ext: Telephone: s Involved 7 s Involved for Docket: HDCV Firm Name: KEYE01 Last Name: Sheehan First Name: Kathleen E. Address: 293 Bridge Street Address: Suite 600

3 City: Springfield State: MA Zip Code: Zip Ext: Telephone: Tel Ext: Fascimile: Representing: Polonsky M D, Linda (Defendant) Firm Name: KEYE01 Last Name: Giordano First Name: Kevin C Address: 293 Bridge St., Suite 600 Address: City: Springfield State: MA Zip Code: Zip Ext: Telephone: Tel Ext: Fascimile: Representing: Polonsky M D, Linda (Defendant) Firm Name: POWE11 Last Name: Powers First Name: Michael Joseph Address: 84 Park Street Address: City: West Springfield State: MA Zip Code: Zip Ext: 3336 Telephone: Tel Ext: Fascimile: Representing: Rencus M D, Oded (Defendant) Firm Name: DANI04 Last Name: Daniel First Name: Lee Dawn Address: 64 Gothic Street, Suite 5 Address: City: Northampton State: MA Zip Code: Zip Ext: Telephone: Tel Ext: Fascimile: Representing: Sanderson, Linda (Alias plaintiff name) Firm Name: MORR10 Last Name: Anti First Name: Dennis R. Address: 1500 Main Street, Suite 2400 Address: P O Box City: Springfield State: MA Zip Code: Zip Ext: Telephone: Tel Ext: Fascimile: Representing: Fried M D, Gay (Defendant) Firm Name: MORR10 Last Name: Beattie First Name: Heather G Address: 1500 Main Street, Suite 2400 Address: P.O. Box City: Springfield State: MA

4 Zip Code: Zip Ext: 5387 Telephone: Tel Ext: Fascimile: Representing: Fried M D, Gay (Defendant) Firm Name: DANI04 Last Name: Daniel First Name: Lee Dawn Address: 64 Gothic Street, Suite 5 Address: City: Northampton State: MA Zip Code: Zip Ext: Telephone: Tel Ext: Fascimile: Representing: Vela, Linda (Plaintiff) Calendar Events 18 Calendar Events for Docket: HDCV No. Event Date: Event Time: Calendar Event: SES: Event Status: 1 09/05/ :00 Motion/Hearing: Compel B Event held as scheduled 2 04/13/ :00 Conf: final pre-trial B Event held as scheduled 3 06/19/ :00 Conf: final pre-trial CN Event held as scheduled 4 07/02/ :00 Motion/Hearing: miscellaneous B Event held as scheduled 5 10/02/ :00 Motion/Hearing: Compel B Event held as scheduled 6 12/04/ :00 Status: by clerk CN Event held as scheduled 7 03/17/ :00 Motion/Hearing: Protective Order A Event held as scheduled 8 03/19/ :00 Motion/Hearing: Sanctions B Event held as scheduled 9 04/11/ :00 Motion/Hearing: miscellaneous B Event held as scheduled 10 05/05/ :00 Motion/Hearing: miscellaneous B Event held as scheduled 11 05/05/ :00 TRIAL: by jury B Event not reached by Court 12 05/07/ :00 TRIAL: by jury B Trial begins 13 05/08/ :00 TRIAL: by jury B 14 05/09/ :00 TRIAL: by jury B 15 05/16/ :00 TRIAL: by jury B Trial ends Event continues over Multiple Days Event continues over Multiple Days 16 06/02/ :00 Motion/Hearing: miscellaneous B Event held as scheduled 17 06/24/ :00 Motion/Hearing: miscellaneous B Event canceled not re-scheduled 18 10/06/ :00 Motion/Hearing: miscellaneous B Event held as scheduled Full Docket Entries 249 Docket Entries for Docket: HDCV Entry Date: Paper No: Docket Entry: 11/01/1999 Original: OR=1 TY=B06 TRK=A.

5 11/01/ Complaint filed. 11/01/ Civil action cover sheet re: complaint. 11/17/ AMENDED COMPLAINT. 11/26/ SERVICE RETURNED vs. deft., G. Fried, M.D. 11/26/ SERVICE RETURNED vs. deft., O. Rencus, M.D. 12/01/ SERVICE RETURNED vs. deft., L. Polansky, M.D. 12/02/ ANSWER of deft., O. Rencus, M.D. to AMENDED COMPLAINT. 12/10/ ANSWER of deft., L. Polonsky, M.D. to AMENDED COMPLAINT. 12/14/ ANSWER of deft., G. Fried, M.D. to AMENDED COMPLAINT. 03/03/ Order to convene a med. mal. tribunal as to defts., Gay Fried, M.D., 03/03/ Oded Rencus, M.D. and Linda Polonsky, M.D. 03/31/ Plff's. mo to compel deft., G. Fried to respond to discovery. 04/07/ Offer of proof. 04/07/2000 #11-Allowed. See Pleading. (Wernick, J.) F. 4/11/00. 04/14/ Finding of med. mal. tribunal is sufficient as to deft., Gay Fried, 04/14/ M.D. (Rup, J.) (Merritt F. Garland, Jr., M.D. and Neil Fieldman, 04/14/ Esquire) 04/14/ Finding of med. mal. tribunal is sufficient as to deft., Oded Rencus, 04/14/ M.D.(Rup, J.)(Merritt F. Garland, Jr., M.D. and Neil Fieldman, 04/14/ Esquire) 04/14/ Findings of med. mal. tribunal is sufficient as to deft., Linda 04/14/ Polonsky, M.D. (Rup, J.)(Merritt F. Garland, Jr., M.D. and Neil 04/14/ Fieldman, Esquire) 04/14/ ORDER of the court for compensation. (Rup, J.) 04/14/ Emerg. mo. of deft., G. Fried, M.D. for clarification of plff's mo. 04/14/ to compel response to disc. 04/18/ Plff's. oppo. to mo. of deft., G. Fried, M.D's. emerg. mo for 04/18/ clarification. 04/19/2000 #17-Allowed. See End. (Wernick, J.) Fx /22/ Plff's. mo. to compel deft., Oded Rencus, M.D. to prod. docs. 07/26/ Pllf's. mo. to compel deft., G. Fried, M.D. to resp. to ints. 07/28/2000 #19-(dated 7/24/00)Allowed. (Velis, J.) f. 09/05/ Plff. Linda Vela's offer of proof. 10/12/2000 (P#20 -- dated ) Deft. is to determine the identification of 10/12/2000 her expert or experts on or before 180 days from this date & furnish 10/12/2000 the same to the plff. (Velis, J.) f. 10/31/ Plff's. mo. to compel deft. Oded Rencus, M.D. to respond to plff's. 10/31/ expert ints. numbered 8 & 9. 04/03/ Emergency motion for protective order from identification of her 04/03/ experts before the completion of the discovery deadline filed by 04/03/ defendant Gay Fried, M.D. 04/06/ Plff's. opposition to to deft's., Gay Fried M D emergency motion for 04/06/ protective order from compliance with this court's order of 10/6/00. 04/13/2001 (P#23) After hearing, denied, without prejudice to renewal within 5 04/13/2001 business days as an emergency motion to Judge Velis to reconsider his 04/13/2001 order of 10/6/00. (Lawrence B. Wernick, Justice) Notices faxed April 04/13/ , 2001

6 25 Emergency motion of deft., Gay Fried M D for reconsideration of the 04/19/ court's 10/6/00 order & in the alternative, for clarification of the 04/19/ /6/00 order. 04/25/ Opposition to deft., Gay Fried, M.D.'s emergency motion for 04/25/ reconsideration seeking P.O. from compliance with Court's Order of 04/25/ October 6, 2000 filed by Linda Vela. (referred to J. Velis per 04/25/ endorsement on #23) 04/25/2001 #25-- Denied (Peter A. Velis, Justice) Notices faxed April 25, /13/ Notice sent to appear for pre-trial conference on June 19, /19/ Plaintiff Linda Vela, Linda Sanderson's pre-trial memorandum 06/19/ Defendant Linda Polonsky M D's pre-trial memorandum 06/27/ Plaintiff Linda Vela MOTION to compel defendants' answers to expert 06/27/ interrogatories. 07/05/2002 (P#30 -- dated 7/2/02) ALLOWED as to trial experts. Defendants are 07/05/2002 to designate all such experts and to provide complete answers to 07/05/2002 expert interrogatories on or before August 23, (Lawrence B. 07/05/2002 Wernick, Justice) Notices faxed July 05, /09/ Joint pre-trial memorandum filed 09/23/ Plaintiff Linda Vela's emergency MOTION to compel compliance with a 09/23/ deposition subpoena duces tecum seved upon the non-party witness, 09/23/ Promutual Group. / Emergency cross motion of non-party Promutual to 09/23/ quash subpoena and request for hearing. 09/24/ Opposition to plff's. emergency motion to compel production of 09/24/ documents filed by Oded Rencus, M.D. and Gay Fried M D. 10/02/2002 (P#32) Defendant is to provide a list of all cases in which Drs. 10/02/2002 Luciano, Isaacson and Cohen have testified as Defensd witnesses in 10/02/2002 the last 5 years. Plaintiff is to reciprocaate as to her expert. 10/02/2002 Counsels are to provide current CV's to each other. ProMutual is to 10/02/2002 provide a list of all payments made to the above named Doctors as to 10/02/2002 the last five years. Request #15 on the Subpoena is ALLOWED. 10/02/2002 Otherwise the Motion is DENIED (Judd J. Carhart, Justice). Notices 10/02/2002 faxed October 03, /29/ Notice sent to appear for pre-trial conference on December 04, /17/ Defendant Linda Polonsky M D's emergency MOTION for protective order 03/17/ in regard to a deposition. 03/17/2003 (P#35) ALLOWED (John A. Agostini, Justice) Notices faxed March 17, 03/17/ /19/ Plaintiff Linda Vela's emergency MOTION to compel deposition of the 03/19/ non-party witness, Baystate Medical Center and for costs and 03/19/ sanctions. 03/19/2003 (P#36) Allowed. The deposition of Baystate Medical Center shall take 03/19/2003 place at the offices of the plff's. counsel on or before April 2, 03/19/ , with or without the presence of counsel for the deft., Linda 03/19/2003 Polonsky, M.D. Failure of one or both counsel-of-record of said deft. 03/19/2003 to attend the depo shall constitute a waiber of all objections to the 03/19/2003 form and substance of the depo and shall constitute a waiber of the 03/19/2003 deft's. right to object to the introduction of the depo transcript at

7 the trial of this action pursuant to M.R.C.P.32(a) based upon an 03/19/2003 assertion that the said deft.was not represented at the depo, so long 03/19/2003 as due notice of the depo is provided to said deft. through her 03/19/2003 counsel. A hearing on sanctions shall be held April 28, 2003 at 9:00 03/19/2003 a.m. (C.Brian McDonald, Justice) fx 3/20/03 03/24/ Opposition to plaintiff's emergency motion to compel deposition of 03/24/ the non-party witness, Baystate Medical Center, and for costs and 03/24/ sanctions filed by Linda Polonsky M D 04/09/ Plaintiff Linda Vela, Linda Sanderson's MOTION for leave for (2) 04/09/ business days notice prior to commencement of trial. 04/14/2003 (P#38) --(dated 4/11/03)---Allowed in part. The clerk's office will 04/14/2003 make diligent efforts to provide 48 hours notice (not necessarily 2 04/14/2003 business days) but no "Order" will be entered making such a notice 04/14/2003 mandatory prerequistite for calling the case to trial. (Stephanie A. 04/14/2003 Roscoe, Ass't Clerk Mag.) Notices faxed April 14, /02/ Defendant Gay Fried M D's emergency MOTION for protective order to 05/02/ prevent impanelment of a jury from beginning prior to May 7, /02/2003 (P#39) Denied without prejudice. Trial judge may reconsider (C. Brian 05/02/2003 McDonald, Justice) fx 5/2/03 05/02/ Linda Vela's affidavit of written notice of intent to offer medical 05/02/ bills as evidence, pursuant to MGLc 233, sec 79G 05/02/ Linda Vela's affidavit of written notice of intent to offer medical 05/02/ bills as evidence, pursuant to MGLc 233, sec 79G 05/02/ Gay Fried M D's affidavit of written notice of intent to offer 05/02/ medical bills as evidence, pursuant to MGLc 233, sec 79G 05/05/ Plaintiff's emergency MOTION to permit the presentation of medical 05/05/ testimony at the trial of this matter in the afternoon of Wednesday, 05/05/ May 7, /05/2003 (P#43) DENIED (Judd J. Carhart, Justice) Notices faxed May 05, /05/ Defendant Gay Fried M D, Oded Rencus M D's emergency MOTION for 05/05/ protective order from plaintiff's trial subpoena duces tecum 05/05/ requiring the defendants' experts to appear at trial and bring 05/05/ requested documents. 05/06/ Defendant, Linda Polonsky, M.D.'s Motion: to exclude the testimony of 05/06/ plaintiff's experts, Drs. Dein and Lee. 05/06/ Witness list of defendant Gay Fried, M.D. 05/06/ Witness list of defendant Oded Rencus, M.D. 05/06/ Trial: Proposed Voir Dire questions filed by defendant Gay Fried, M.D. 05/06/ Trial: Proposed Voir Dire questions filed by defendant Oded Rencus, 05/06/ M.D. 05/06/ Memorandum: of law in opposition to emergency motion of the 05/06/ defendants Gay Fried, M.D. and Oded Rencus, M.D. for protective order 05/06/ from plaintiff's trial subpoena duces tecum requiring the defendants' 05/06/ experts to appear at trial and bring requested documents filed by 05/06/ Linda Vela. 05/06/ Plaintiff Linda Vela's MOTION in limine precluding the defendants 05/06/ from references to any defense verdict in prior claims/litigation

8 51 involving them. 05/06/2003 (P#51) ALLOWED (Judd J. Carhart, Justice) 05/06/ Plaintiff Linda Vela's MOTION in limine to preclude references to 05/06/ health disability and/or unemployment insurance and to redact 05/06/ plaintiff's medical records of any references concerning same 05/06/2003 (P#25) ALLOWED by agreement. (Judd J.Carhart, Justice) 05/06/ Plaintiff Linda Vela's MOTION in limine to redact plaintiff's medical 05/06/ records and exclude reference to perineal/vulvar warts 05/06/2003 (P#53) ALLOWED by agreement. (Judd J.Carhart, Justice) 05/06/ Plaintiff Linda Vela's MOTION in limine to preclude references by the 05/06/ defendant Gay Fried, M.D. to personal visits with and telephone calls 05/06/ to the plaintiff Llinda Vela after December 3, 1996 to express her 05/06/ concern about Linda Vela's recuperation and in addition to preclude 05/06/ any references to gifts made by the defendant. 05/06/2003 (P#54) DENIED except as to the gift subject to being revisited by 05/06/2003 plaintiff's counsel. (Judd J.Carhart, Justice) 05/06/ Plaintiff Linda Vela's MOTION in limine to preclude reference by the 05/06/ defendants or their counsel as to the reason for the defendants 05/06/ absence from the courtroom during any part of the trial of this 05/06/ matter. 05/06/2003 (P#55) ALLOWED. Trial judge is to give instruction as per agreement. 05/06/2003 (Judd J.Carhart, Justice) 05/06/ Plaintiff's questions to prospective jurors. 05/06/2003 (P#45) DENIED (Judd J.Carhart, Justice) 05/06/ Defendants Gay Fried M D, Oded Rencus M D, Linda Polonsky M D's joint 05/06/ MOTION in limine to limit the testimony of plaintiff's expert, Robert 05/06/ Dein, M.D. 05/06/2003 (P#57) ALLOWED with caveat on the record. (Judd J.Carhart, Justice) 05/06/ Defendants Gay Fried M D, Oded Rencus M D, Linda Polonsky M D's joint 05/06/ MOTION in limine for an order to compel the plaintiff to provide 05/06/ advance disclosure of all deposition excerpts to be introduced as 05/06/ evidence in the plaintiff's case in chief 05/06/2003 (P#58) ALLOWED by agreement. (Judd J.Carhart, Justice) 05/06/ Defendanst Gay Fried M D, Oded Rencus M D, Linda Polonsky M D's joint 05/06/ MOTION in limine to preclude any testimony or reference to the 05/06/ illness or health condition of plaintif's mother. 05/06/2003 (P#59) ALLOWEDby agreement. (Judd J.Carhart, Justice) 05/06/ Defendants Gay Fried M D, Oded Rencus M D, Linda Polonsky M D's joint 05/06/ MOTION in limine to preclude plaintiff from offering, eliciting, or 05/06/ making reference to any evidence or testimony related to the 05/06/ redaction or sanitization of plaintiff's medical records from Medical 05/06/ West Associates 05/06/2003 P#60) Plaintiff's entire medical records to be produced upon 05/06/2003 execution of the appropriate documents by plaintiff. (Judd J. 05/06/2003 Carhart, Justice). 05/06/ Defendant, Oded Rencus, M.D. Certificate of Service of defendants 05/06/ joint motions.

9 62 Linda Vela's affidavit of written notice of intent to offer medical 05/07/ bills as evidence, pursuant to MGLc 233, sec 79G 05/07/ Barbara Girouard selected as jury foreperson for trial 05/07/ Plaintiff's Witness list 05/07/ Witness list of defendant Linda Polonsky, M.D. 05/08/2003 Hospital records of Linda Sanderson Vela (copy) from Brigham and 05/08/2003 Women's Hospital 05/08/ Copy of exhibit envelope 05/14/ Linda Vela's requests to charge the jury. 05/15/ Stipulation of the parties regarding the laparoscipic procedure 05/15/ Stipulation of partial dismissal as to Linda Polonsky M D, with 05/15/ prejudice, without costs. 05/15/ Defendant Gay Fried M D's MOTION for Directed Verdict at close of the 05/15/ plaintiff's case. 05/15/2003 (P#70) DENIED (Judd J.Carhart, Justice) 05/15/ Defendant Gay Fried M D's MOTION for Directed Verdict at the close of 05/15/ all evidence. 05/15/2003 (P#71) DENIED (Judd J.Carhart, Justice) 05/15/ Defendant, Gay Fried, M.D.'s Jury instructions 05/16/ Defendant Oded Rencus M D's MOTION for Directed Verdict at close of 05/16/ all evidence. 05/16/2003 (P#73) DENIED (Judd J.Carhart, Justice) 05/16/ Special verdict slip. 05/22/ JUDGMENT on jury verdict for plaintiff(s), Linda Vela vs 05/22/ defendant(s), Gay Fried M D, Oded Rencus M D in amount of 05/22/ $1,654, plus interest. (Judd J.Carhart, Justice). Copies faxed 05/22/ May 22, /29/ Defendant Gay Fried M D, Oded Rencus M D's MOTION for Judgment not 05/29/ withstanding verdict or in the alternative a new trial 05/29/ Defendant Gay Fried M D, Oded Rencus M D's MOTION for Remittitur or 05/29/ in the alternative for a new trial 05/30/2003 (P#76) Parties are to mark for hearing any weekday at 2 p.m. during 05/30/2003 June with proper notice to all parties. (Judd J. Carhart, Justice). 05/30/2003 Notices faxed June 02, /30/2003 (P#77) Parties are to mark for hearing any weekday at 2 p.m. during 05/30/2003 June with proper notice to all parties. (Judd J. Carhart, Justice). 05/30/2003 Notices faxed [date:date] 06/02/ Defendants' Gay Fried M D, Oded Rencus M D's joint MOTION for 06/02/ reduction of award of damages pursuant to M.G.L. C. 231 sec. 60G. 06/04/2003 (P#78) ---(dated 6/2/03)---Parties are to mark for hearing during 06/04/2003 June before Judge Carhart at 2 p.m. any day with proper notice to all 06/04/2003 parties. (Tina S. Page, Justice). Notices faxed June 04, /11/ Linda Vela, M.D., Oded Rencus, M.D. and GayFried, M.D.'s MOTION for 07/11/ return of trial exhibit to Medical West Associates a/k/a Riverbend. 07/11/ (referred to Judge Carhart) 07/16/2003 (P#79) ALLOWED (Judd J. Carhart, Justice) Notices faxed July 17, /24/ Plaintiff's request for fourty-five (45) day order

10 (P#80) ALLOWED (Tina S. Page, Justice) Notices faxed July 25, /25/ Nisi dismissal; agreement or stipulation to be filed by September 15, 07/25/ Faxed 7/25/03 09/26/ JUDGMENT of dismissal: failure to comply with nisi order (Judd J. 09/26/ Carhart, Justice). Copies faxed September 26, /02/ Plaintiff Linda Vela, Linda Sanderson's MOTION for to vacate judgment 10/02/ of dismissal and to file stipulation of dismissal., assented to. 10/14/2003 (P#83)(dated 10/6/03) ALLOWED (Daniel Ford, Justice) Notices mailed 10/14/2003 October 14, /17/ Stipulation of dismissal with prejudice as to defendants Gay Fried, 10/17/ M.D., Oded Rencus, M.D. 03/25/ Removal of Exhibits notices faxed March 25, /22/2004 Hospital records destroyed from Brigham and Womens Hospital per Madrid

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows:

CASE NUMBER: DIV 71. It appearing that this case is at issue and can be set for trial, it is ORDERED as follows: Plaintiff(s), vs. Defendant(s). / IN THE COUNTY COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR ORANGE COUNTY, FLORIDA CASE NUMBER: DIV 71 UNIFORM ORDER REGARDING SETTING CASE FOR JURY TRIAL, PRE-TRIAL