r, FILED: NASSAU COUNTY CLERK 10/21/2016 11:26 AM INDEX NO. 604441/2016 NYSCEF DOC. NO. 38 RECEIVED NYSCEF: 10/21/2016 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, DEMAND FOR A VERIFIED BILL OF PARTICULARS Plaintiff, Inde No. 604441/2016 - against - MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that defendant, NEUROLOGICAL SURGERY, P.C. hereby demands that plaintiff(s) serve on the undersigned within twenty (20) days from the date of service hereof, a Verified Bill of Particulars with respect to the following matters concerning the allegations in the complaint against the above named defendant: 1. State the (a) date and place of birth of plaintiffs decedent; (b) residence address of the plaintiff(s) at the time this action was commenced; (c) residence address of the plaintiff s decedent at the time of the alleged negligence; (d) date(s) and place(s) of plaintiffs decedent marriage(s); (e) full names and dates of birth of all children born to plaintiff s decedent; (f) social security number of plaintiff s decedent; and (g) Medicare Health Insurance Claim Number (HICN) of plaintiff(s). 2. Set forth a general statement of the acts or omissions of this defendant that are claimed to constitute a departure from good and accepted medical practice. 3. Set forth the date(s) of this defendant's alleged negligence. 4. Set forth: {01887547.DOCX }
- -7- "1-1- - ----- "- 1. (a) The dates of first and last services rendered by each defendant; (b) The place or places where the services were rendered by each defendant. 5. If plaintiff(s) charges this defendant with a misdiagnosis, identify the alleged misdiagnosis and set forth the diagnosis claimed to be the proper one. 6. If plaintiff(s) charges this defendant with having failed to administer a diagnostic test or procedure, state the test or diagnostic procedure claimed to have been required and when and where each test or diagnostic procedure should have been performed. 7. If plaintiff(s) charges this defendant with having failed to administer a particular course of therapy, state the medicines, treatments and surgical procedures claimed to have been required and when and where each should have been administered or performed. 8. If plaintiff(s) charges this defendant with having administered contraindicated medicines, treatments, tests and/or surgical procedures, identify each and the conditions eisting which, it is claimed, contraindicated the medicine, treatment, test and/or surgical procedure. 9. If plaintiff(s) charges this defendant with negligently having administered a medicine, treatment, test or surgical procedure, identify each so claimed and set forth the manner in which the technique employed by this defendant departed from such standards. 10. If any special damages are claimed as a result of the alleged negligence, set forth, including but not limited to, the following: (a) (b) (c) (d) The charges for the any and all hospitalizations, separately listing each hospital bill; Physicians' charges; Charges for medicines, itemizing the medicines charged for; Nursing changes; and, Specify by category and amount any other special damages claimed. 11. Pursuant to CPLR 4545, identify the party who paid the damages claimed in paragraph 10 above, including the relationship of the plaintiff(s) to that party. If the third party payments were made as a result of reimbursements through an insurance company, set forth the complete name and address of the company, the complete name of the person in whose name the policy was issued, the state the policy was issued, the date of the policy's inception, the name of the plan and the policy number. 12. If plaintiff(s) claims that the injuries alleged herein were caused, in whole or in part, by the use of a defective, inappropriate or insufficient piece of equipment or instrument, identify each and every item so claimed and set forth those facts that support said allegations. {01887547.DOCX } -2-
13. Set forth the full names and addresses of each and every person that plaintiff(s) will claim, at the time of trial, observed this defendant's acts of alleged malpractice. 14. If plaintiff(s) charges this defendant with lack of informed consent, set forth and describe: (a) (b) (c) (d) (e) (0 (g) That aspect of defendant's treatment which it will be claimed eposed plaintiffs to material risks sufficient to require disclosure; Identify each risk or danger of defendant's treatment which it will be claimed should have been, but was not, disclosed by this defendant; State in what respect plaintiff(s) will claim this defendant's disclosure was unreasonably inadequate; State what course of treatment would plaintiff have chosen if this defendant reasonably disclosed the material risks of the treatment administered; Set forth what available alternative choices of treatment could have been administered but were not disclosed and describe each alternative; Set forth the date on which plaintiff(s) claims this defendant should have obtained an informed consent; and, Identify by name and corresponding position with the defendant each and every employee or agent of said defendant whom plaintiff(s) charges with having failed to obtain an informed consent. 15. Set forth the full name and addresses of each and every physician from whom the plaintiff's decedent received medical treatment for any medical, surgical or related condition in the fifteen (15) years prior to the alleged malpractice, with dates of treatment. 16. Set forth the full names and addresses of each and every hospital, institution, facility or clinic in which the plaintiff s decedent received treatment with respect to any medical, surgical or related condition for the fifteen (15) years prior to the alleged malpractice, with dates of confinement or outpatient treatment. 17. Set forth the nature of the condition for which the plaintiff s decedent sought and accepted the medical treatment rendered by this defendant. 18. The nature, location, etent and duration of each injury which, it will be claimed, was caused by the negligence of this defendant. If any injuries are claimed to be permanent, specify each so claimed. {01887547.DOCX } -3-
19. Set forth the full name and address of each and every subsequent treating physician from whom medical treatment or consultation was sought by the plaintiff's decedent by reason of the injuries allegedly sustained. 20. Set forth full name and address of each and every physician seen by plaintiff's decedent patient for consultation, physical eamination and or medical tests at the direction or referral of legal counsel. Set forth dates of each such eamination or treatment. 21. Set forth each and every condition which plaintiff(s) claim this defendant eacerbated. 22. If it will be claimed that the aforesaid injuries necessitated any hospitalizations of plaintiff's decedent, set forth the name and address of each hospital with dates of confinement or outpatient treatment. 23. If it will be claimed that the aforesaid injuries necessitated treatment at any other institutions, set forth the name and address of each institution with dates of confinement. 24. If it will be claimed that the aforesaid injuries necessitated confinement to bed or home, set forth the following: (a) (b) The dates of confinement to home; The dates of confinement to bed. 25. If it is claimed that this defendant caused decedent's death, set forth the following: (a) (b) (c) (d) The date of death; The place of death; The medical cause of death which plaintiff(s) will claim at the time of trial; and, Whether or not an autopsy was performed and, if so, the date, place and name of the person performing same. 26. Set forth any and all funeral epenses incurred by plaintiff(s) as a result of the alleged wrongful death claim. 27. Set forth the name, address, age and affinity to decedent of each person who, it is claimed, was dependent upon decedent for support at the time of death. 28. Set forth: (a) (b) The name and address of decedent's last employer; The capacity in which decedent was employed; {01887547.DOCX } -4-
(c) (d) (e) (f) Decedent's earnings for the last year worked prior to death; The amount contributed by decedent to the support of each of the above named dependents; The yearly earnings which, it will be claimed, have been lost as a result of decedent's death; and, The last date decedent worked prior to death. 29. If any loss of inheritance will be claimed as a result of the alleged wrongful death, set forth the following: (a) (b) The name, address, age and affinity of the person claiming a loss of inheritance; The manner and respect in which it will be claimed that person incurred a loss of inheritance. 30. Set forth any additional pecuniary loss which will be claimed as a result of the alleged wrongful death. 31. With respect to plaintiffs appointment as the representative of decedent's estate: (a) (b) (c) (d) (e) Identify the county and court in which plaintiff(s) filed the Petition for Letters of Administration/Letters Testamentary; Set forth the date on which the "Petition" was filed; Set forth the date on which the Letters of Administration/Letters Testamentary were issued; Anne a complete copy of the "Petition" filed on plaintiffs behalf; and, Anne a complete copy of the "Letters" issued. 32. If it will be claimed that the aforesaid injuries necessitated any special educational, emotional, or vocational training or schooling, set forth the name and address of each organization and the dates. 33. Set forth the full caption of each and every lawsuit brought on behalf of plaintiff's decedent to recover damages for any connected or aggravated injuries allegedly caused and sustained by reason of the acts of one or more preceding, joint, concurrent and/or succeeding tortfeasors, including: (a) (b) Court; Inde Number; (01887547.DOCX } -5-
(c) (d) (e) (f) Calendar Number; Names and addresses of all litigants; Names and addresses of all attorneys appearing for litigants; Status of lawsuit: (i) (ii) (iii) (iv) (v) if noticed for trial, specify the date; if settled, anne a copy of each releaser delivered indicating the amounts contributed by each defendant; if discontinued without payment, anne a copy of each stipulation so delivered to each defendant; if tried, anne a copy of the judgment with notice of entry; and, if judgment was satisfied, set forth date and amount of payment and anne a copy of satisfaction of judgment. 34. If it is claimed that this defendant violated or departed from the terms of any statutes, laws or ordinances, set forth the specific statute, law or ordinance alleged to have been violated or from which departure is claimed and the specific acts and/or omissions alleged to be the basis for the claim of violation or departure, including dates, times and places of all such acts and/or omissions. 35. Identify by name, status with the corporate defendant, location within the defendant's facility and approimate date of hire of each individual whose qualifications plaintiff claims the defendant failed to investigate. 36. Enumerate, for each person identified above, the qualifications, including but not limited to, education, professional degrees, licenses and years of professional eperience which plaintiff claims that person should have but did not possess. 37. Enumerate, for each person identified above, by name, date, and place each: (a) (b) (c) (d) (e) patient grievance negative health care outcome incident reflecting injury to patient malpractice action commenced, including nature of claim and disposition of lawsuit. suspension, loss of privilege or termination of privilege at any other medical facility. {01887547.DOCX } -6-
L (f) disciplinary proceedings in any State to which plaintiff claims the above individual was a participant. 38. If a claim for loss of services is being made, state: (a) (b) (c) (d) Relationship of person claiming loss of services to patient; if claimant is spouse of patient, date and place of marriage; Nature of services previously provided that patient is no longer able to provide as a result of defendant's alleged negligence, length of time plaintiff was unable to provide these services; Frequency with which each such service was previously provided to claimant by the patient; Has claimant incurred any epenses replacing the services previously provided by the patient? If yes, how much and to whom? PLEASE TAKE FURTHER NOTICE, that in the event of the plaintiff's failure to comply with the foregoing Demand for a Verified Bill of Particulars within twenty (20) days, defendant, NEUROLOGICAL SURGERY, P.C.will move to preclude the offering of any evidence as to the matters herein demanded and for costs of such motion. Dated: New York, New York October 18, 2016. Denaro A RO ON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, New York 10016 Tel.: (212) 593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887547.DOCX } -7-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, NOTICE OF DEPOSITION - against - MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Plaintiff, Inde No. 604441/2016 Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that we will take the deposition of the following parties or persons, before a Notary Public not affiliated with any of the parties or their attorneys, on all relevant and material issues, as authorized by Article 31 of the CPLR: Credits which were of RAFAEL HERRERA, Deceased. DATE: November 7, 2016 TIME: PLACE: 10:00 A.M. AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP 600 Third Avenue New York, New York 10016 {01887545.DOCX }
PLEASE TAKE FURTHER NOTICE, that the persons to be eamined are required to produce all books, records and papers in their custody and possession that may be relevant to the issues herein. Dated: New York, New York October 18, 2016 Your, Kevin rpt enaro A RONSON RAPPAPORT FEINSTEIN & D UTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887545.DOCX } -2-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, DEMAND FOR EXPERT WITNESS INFORMATION Plaintiff, - against - Inde No. 604441/2016 MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that demand is hereby made upon you, pursuant to CPLR 3101(d)(1) to disclose the following information: 1. Disclose each person plaintiff(s) epect(s) to call as an epert witness at trial. 2. Disclose in reasonable detail the qualifications of each epert witness. Include the following: a) Where did the epert attend medical school and when did he or she graduate? b) Did the epert attend internship, residency and/or fellowship programs: If so, where and when? c) Does the epert specialize in any areas of medicine? d) Is the epert Board Certified in any areas of medicine? e) Is the epert licensed to practice medicine in the United States? If so, where and when was he or she licensed? f) What are the epert's hospital affiliations, if any? (01887636.DOCX )
3. With respect to each and every act or omission which you will claim as the basis of the alleged malpractice of the defendant(s) herein, disclose in detail the substance of the facts and opinions upon which each epert is epected to testify and a summary of the grounds for each epert's opinion, to include reference to the following: a) The condition or conditions which it is claimed the defendant(s) undertook to treat and upon which plaintiff s(s') complaint(s) is/are based; b) A statement of the accepted medical practices, customs and medical standards which it is claimed were violated by the defendant(s) herein in each of the acts or omissions claimed to be the basis of the liability against it (them); c) The manner in which the defendant(s) herein departed from the above accepted medical practices, customs and standards; d) If the plaintiff(s) claim(s) that the defendant(s) ignored or improperly interpreted complaints, signs, symptoms or conditions; made an erroneous diagnosis; failed to make a proper diagnosis; improperly treated the plaintiff(s); failed to take proper tests; improperly took or administered tests; failed to perform a proper physical eamination; set forth: (i) (ii) (iii) (iv) (v) (vi) (vii) (viii) (i) () The complaints, signs, symptoms or conditions that the defendant(s) failed to interpret properly; The proper interpretation, which plaintiff(s) claims should have been reached or made; In what respect the diagnosis was erroneous and incorrect; The claimed proper diagnosis; The improper treatment which it is alleged was rendered; The treatment which it is claimed by plaintiff(s) should have been rendered; The name and/or description of each and every test defendant(s) failed to take or administer; The name of each and every test the defendant(s) improperly took or had administered or taken; The manner in which it is claimed such test(s) should have been administered or taken; A description of the physical eamination performed; {01887636.DOCX } -2-
(i) The manner in which it is claimed such physical eamination should have been performed. e) If it is alleged that the defendant(s) herein improperly performed a surgical procedure or that it was contraindicated and/or unnecessary, set forth: (i) (ii) (iii) (iv) (v) The name of each surgical procedure and the date it was performed; The surgical procedure which it is claimed was contraindicated, and/or unnecessary; In which manner the aforesaid surgical procedure was contraindicated; In what manner the aforesaid surgical procedure was improperly performed; In what manner the aforesaid surgical procedure should have been performed. f) If any of the claims of medical malpractice relate to the prescribing of a drug or medication, state: (i) (ii) (iii) (iv) (v) The name of each drug or medication prescribed; The dates(s) of each prescription; The drugstore(s) where each prescription filled; The number of times each prescription was filled; The pharmacy number of each prescription. g) If the plaintiff claims that the defendant(s) herein administered improper, inappropriate and/or contraindicated drugs, administered proper drugs in incorrect dosages, set forth: (i) (ii) (iii) The generic and trade name of each and every improper and/or contraindicated drug which was administered or prescribed; The name of each proper drug allegedly administered incorrectly or in incorrect dosages; The manner in which it is claimed each such drug should have been administered and/or the correct dosage thereof, or the proper, appropriate and/or indicated drug. (01887636.DOCX ) -3-
PLEASE TAKE FURTHER NOTICE, that failure to comply with the said demand within sity (60) days from the last timely service of an answer herein, pursuant to 22 NYCRR 202.56(a)(1)(vi), will result in a motion for an order precluding the introduction, at the time of trial, of any testimony concerning alleged departures from medical standards of care, proimately caused injuries, or economic damages. Dated: New York, New York October 18, 2016 Kevi Wi 2 enaro ARONS Fl RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887636.DOCX } -4-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, - against - Plaintiff, MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., COMBINED DEMAND AND NOTICE FOR DISCOVERY AND INSPECTION Inde No. 604441/2016 Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to Article 31 of the CPLR, the undersigned hereby demands that you produce for discovery the following items for inspection and reproduction at the offices of the undersigned at 2:00 p.m. on the 21g day of November, 2016: 1. The name and address of each person claimed to be a witness to the following: (a) ccurrence alleged in the plaintiffs complaint; (b) any acts, omissions, or conditions which allegedly caused said occurrence; (c) the nature and duration of any alleged condition which caused said occurrence; (d) any actual notice given to defendants or claimed to be given to defendants. If no such witnesses are known to you, then so state under oath in reply to this demand. The undersigned will object at the time of trial to the testimony of any persons not so identified. 2. Any and all statements made by or taken from the parties represented by the undersigned and/or their agents, servants, and/or employees, now in the possession, custody, or control of your office or the party represented by you. If no such statement is in the possession, custody, or control of your office or the party represented by you, then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any documents not so identified. {01887644.DOCX }
-- - 3. Any and all photographs depicting the conditions at the scene of the alleged occurrence. If no such photographs are in the possession, custody, or control of your office or the party represented by you, then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any photographs not so identified. 4. Any and all accident reports made in connection with this incident. If no such accident reports are in the possession, custody, or control of your office or the party represented by you, then so state under oath in reply to this demand. The undersigned will object at the trial of this action to the admissibility of any accident report not so identified. PLEASE TAKE FURTHER NOTICE, that in lieu of producing said items at the office of the undersigned, defendant may submit same by mail to the undersigned before the return date of the within Notice. PLEASE TAKE FURTHER NOTICE, that the foregoing are continuing demands and supplemental responses up to the time of trial are required. Dated: New York, New York October 18, 2016 Yours evin J. A RONSON PPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887644.DOCX } -2-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, DEMAND FOR AUTHORIZATIONS FOR HOSPITAL AND PHYSICIAN'S Plaintiff, RECORDS AND INTERVIEWS FOR TREATING PHYSICIAN - against - MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., SIR/MADAM: Defendants. Inde No. 604441/2016 PLEASE TAKE NOTICE, that demand is hereby made that you serve upon the undersigned duly eecuted authorizations for the release of the records pertaining to the care and treatment rendered to the plaintiff in any and all hospitals. Demand is additionally made that you serve upon the undersigned duly eecuted authorizations for the release of records of any and all treating physicians and other medical providers. Demand is further made that you serve upon the undersigned duly eecuted authorizations in accordance with Arons v. Jutkowitz, 9 NY3rd 393 (2007),for the e parte interview by defense counsel of any and all treating physicians and all other medical providers in the form attached hereto or other form complying with 45 CFR 164.508 [c][1], [2] to the etent that each such authorization set forth: 1) This law firm's name; 2) The identity of this law firm's client; {01887649 DOCX }
1.- - - - - 7 3) The "protected" and related health information epected to be disclosed; 4) The non-party medical provider's right to refuse the request for the e parte interview; 5) That the aforesaid authorization is to remain valid for the duration of this lawsuit. The aforementioned authorizations should include the full name and address of each institution and/or physician and the dates of confinement or treatment and should be in the form attached hereto or other FIIPAA compliant form. PLEASE TAKE FURTHER NOTICE, that failure to comply with this demand will serve as a basis for a motion to preclude the plaintiff upon the trial of this action from offering proof relative to all claimed injuries and medical damages if such authorizations are not forthcoming within twenty (20) days after service of a copy of the within Demand. Dated: New York, New York October 18, 2016 Kevin J.. RONSO ' 'PAPORT FEINSTEIN & DEUTSCH, L ' Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887649.DOCX } -2-
:7:',77-777-77±17777:-Z. - SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, - against - Plaintiff, DEMAND FOR COLLATERAL SOURCE INFORMATION Inde No. 604441/2016 MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that demand is hereby made upon you pursuant to CPLR 4545 to produce and permit the undersigned attorneys to inspect and copy the contents of: 1. Each and every collateral source of payment, including but not limited to insurance agreements (ecept life insurance), Social Security (ecept those benefits provided under Title XVIII of the Social Security Act), Workers' Compensation or employee benefit programs (ecept such collateral sources entitled by law to liens against any recovery of the plaintiff), and any other collateral source of payment for past or future costs or epenses alleged to have been incurred by the plaintiff(s) and for which recovery is sought in the instant action, and amounts. 2. A written statement setting forth any and all such collateral sources and their {01887651.DOCX }
PLEASE TAKE FURTHER NOTICE, that failure to produce said collateral sources of payment at the offices of the undersigned within twenty (20) days from the date herein, will result in a motion for appropriate relief. Dated: New York, New York October 18, 2016 evin enaro A RONSO RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887651.DOCX } -2-
F,2 2's 1 1. SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, - against - Plaintiff, MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. DEMAND FOR TAX RETURNS AND EMPLOYMENT RECORDS Inde No. 604441/2016 SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to Rule 3120 of the CPLR, you are hereby required to furnish to the undersigned full and complete copies, or, authorizations to obtain full and complete copies of all employment and ta records referable to the plaintiff(s). PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid authorizations within twenty (20) days after receipt of this Notice will leave you subject to the provisions of the CPLR. Dated: New York, New York October 18, 2016 Your B evin fro AA ONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 {01887656.DOCX }
To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 (01887656.DOCX } -2-
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, NOTICE PURSUANT TO CPLR 2103(5) Plaintiff, - against - Inde No. 604441/2016 MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to CPLR 2103(5), the defendant(s) object to service of papers by facsimile transmission. Dated: New York, New York October 18, 2016 Your 'Arm A.arllairAIIIIIP revin o A ' ONSO RAPPAPORT FEINSTEIN & DEUTSCH, LLP I. NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887661.DOCX }
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, Plaintiff, DEMAND FOR DISCLOSURE OF MEDICARE/MEDICAID/BENEFITS /ELIGIBILITY - against - Inde No. 604441/2016 MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. Sir/Madam: PLEASE TAKE NOTICE that demand is hereby made that plaintiff(s) provide the following information pursuant to CPLR 3120(a) and 42 U.S.C. Section 1395y(b)(8)(A): 1. The plaintiff s date of birth; 2. The plaintiff's Social Security Number; 3. The plaintiffs Medicare Health Insurance Claim Numbers (HICNs), Medicaid file number, New York State Department of Social Services (DSS) file number, and/or Medicare Secondary Payor (MSP) file number, if applicable; 4. If the plaintiff has applied for or been awarded Medicare and/or Medicaid and/or DSS and/or. MSP benefits, all information/documentation related to the application applied and/or award of said benefits including the amount paid out to plaintiff to date which is subject to the mandatory reporting requirements of MMSEA 111; include the full name under which plaintiff applied for these benefits; 5. If the plaintiff has applied for or been awarded Supplemental Security Income (SSI), or Social Security Disability Insurance (SSDI), all information/documentation related to the application and/or award of said benefits; include the full name under which plaintiff applied for these benefits; 6. State if plaintiff applied for insurance benefits with a private insurer pursuant to Medicare part B, C, or D. If yes, provide the name and address of the insurer and set forth the benefits provided. {01887666.DOCX }
7. If plaintiff has been receiving Medicare benefits and is now deceased, please provide the following: a. Relationship of the administrator of plaintiff s estate to plaintiff s decedent. b. Name and address of Plaintiff s administrator. c. Telephone number and/or e-mail address of plaintiff s administrator. d. Social Security Number of plaintiffs administrator. 8. If the plaintiff has been denied Medicare, Medicaid, SSI, and/or SSDI benefits, provide all information/documentation concerning any such denial; 9. If the plaintiff has appealed or intends to appeal the denial of Medicare, Medicaid, SSI, and/or S SDI benefits, provide all information/documentation of any such appeal or intents to appeal of the denial of such benefits; and 10. State whether Medicare, Medicaid and/or the Social Security Administration has a lien on any potential award, judgment or settlement in this lawsuit and, if so, state the amount of such lien(s) and provide all information /documentation relative to these liens. Pursuant to CPLR 3101(a), provide duly eecuted and acknowledged written authorizations permitting defendant's attorneys and defendant's representatives to obtain and make copies of all Medicaid records, specifying the correct address of said Medicaid office, along with the plaintiff s Social Security Number and the file number. Said defendant further demands that a signed original of the attached Authorization for Release of Medicaid Protected Information, and/or any other specific authorization required by Medicaid be eecuted and provided for use in conjunction with this demand as it pertains to health information. If plaintiff received or applied for Social Security benefits, including but not limited to SSI or SSDI benefits, provide a duly eecuted and acknowledged written authorization setting forth the correct Social Security file number, allowing the defendant's attorneys and defendant's representatives to obtain and make copies of all files, records, and reports of the Social Security Administration regarding the plaintiff. Said defendant further demands that a signed original of the attached Social Security Administration Consent for Release of Information and/or any other specific authorization required by the Social Security Administration be eecuted and provided for use in conjunction with this demand as it pertains to health information. PLEASE TAKE FURTHER NOTICE that the provisions of CPLR 3122 govern this demand and if the party to whom the notice is directed objects to the disclosure, inspection or eamination or withholds any documents which appear to be within the category of the documents required by the notice, compliance with CPLR 3122 is required. PLEASE TAKE FURTHER NOTICE that in the event of failure or refusal to comply with any of these demands, said defendant will apply to the Court for the appropriate relief including, but not limited to, an Order compelling compliance pursuant to CPLR 3124 and/or appropriate relief pursuant to CPLR 3126 and 22 N.Y.C.R.R. Part 130. {01887666.DOCX }
PLEASE TAKE FURTHER NOTICE, that all demands herein shall be deemed to continue during the pendency of this action through and including the trial thereof and plaintiff's responses must be amended or supplemented properly in compliance with CPLR 3101(h). Dated: New York, New York October 18, 2016 Yours,"Ael / PVCenaro ARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 (01887666.DOCX
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, NOTICE TO PRODUCE STATEMENTS Plaintiff, - against - Inde No. 604441/2016 MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to 3101(e) of the Civil Practice Law and Rules, you are hereby required to produce at the offices of the undersigned attorneys within twenty (20) days from the date herein, any statements made by defendant(s), NEUROLOGICAL SURGERY, P.C., and/or the statements of any of their employees and/or the statements of their former employees relating to the issues in this matter, including but not limited to any and all records obtained from said defendant(s). PLEASE TAKE FURTHER NOTICE, that upon failure to produce the aforesaid items, a motion will be made to the Court for the appropriate relief with costs. Dated: New York, New York October 18, 2016 Yours e reir aro ARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 01887672.DOCX }
To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887672.DOCX } -2-
[ 737 7-.7, _ SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU RAFAEL ALONZO HERRERA, Administrator of the Goods, Chattels and Credits which were of RAFAEL HERRERA, Deceased, NOTICE TO PRODUCE NAMES AND ADDRESSES OF WITNESSES Plaintiff, - against - Inde No. 604441/2016 MERCY MEDICAL CENTER, VLADIMIR DADASHEV, M.D., SUNIL DUTT AGGARWAL, M.D., KAREN E. HORWITZ, JIMMY YUEN HING LEE, P.A., MATTHEW S. BREMER, P.A., PETER KONG WAH CHAK, M.D. and OCEAN PHYSICIANS P.C., Defendants. SIR/MADAM: PLEASE TAKE NOTICE, that pursuant to CPLR 3101, all counsel are required to produce any and all names and addresses of persons: 1. Claimed to have witnessed the acts of omission or commission alleged in the complaint; 2. Claimed to have firsthand knowledge of the acts of omission or commission alleged in the complaint; 3. Claimed to be witnesses to any acts, omissions or conditions which allegedly caused the occurrence alleged in the complaint; 4. Claimed to be witnesses to any communications involving the defendant which plaintiff may seek to introduce at trial; and 5. If plaintiffs' attorney, representative or plaintiff (him or herself as the case may be) has or have conducted an interview with any of the physicians who treated the injuries alleged herein or related conditions, whether preeisting the alleged malpractice or occurring subsequent thereto, set forth: a. The full name and address of the physician; b. The corresponding date on which each interview was conducted; (01887678.DOCX )
c. The full name and address of each person conducting the said interview; d. The full name address of every other person if any in attendance; e. Whether any mechanical device such as, but not limited to, stenographic note taking, audio and/ or videotaping, etc. was utilized during said interview. At the offices of the undersigned attorneys within twenty (20) days from the date hereof. PLEASE TAKE FURTHER NOTICE, that this is to be deemed a continuing demand, and all responsive information that subsequently is made known or becomes available to plaintiff shall be furnished to the undersigned in a timely fashion. PLEASE TAKE FURTHER NOTICE, that failure to provide the aforesaid information within twenty (20) days after receipt of this Notice, will leave you subject to the provisions of the CPLR. Dated: New York, New York October 18, 2016 Yours,.M/ enaro ARO " ON RAPPAPORT FEINSTEIN & DEUTSCH, LLP Attorneys for Defendant NEUROLOGICAL SURGERY, P.C. Office & P.O. Address 600 Third Avenue New York, NY 10016 212-593-6700 To: LEVINE & SLAVIT, PLLC Attorneys for Plaintiff 60 East 42nd Street - Suite 2101 New York, New York 10165-6233 212-687-2777 {01887678.DOCX } -2-
{01887678.DOCX ) -3-