EXHIBIT ''C''
SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX ------c----c--------------x Z.G., an infant, by his Mother and Natural Guardian, SHARMANE HAIRSTON, - against - Plaintiff] s ), THE MOUNT SINAI HOSPITAL and THE MOUNT SINAI MEDICAL CENTER, INC. Index #25094/2014E RESPONSE TO CC ORDER, FURTHER RESPONSE TO PC ORDER AND FURTHER RESPONSE TO DEFENDANTS QIS(:OVERY DE,MAN.=D~S Defendant( s) X PLAINTIFF, pursuant to CPLR Article 31 and the applicable case law, in response to the CC Order dated July 26, 2016, in further response to the PC Order, and in further response to the defendants discovery demands, upon information and belief, respectfully responds as follows, upon information and belief: I. Please be advised that from the time of our last disclosure dated May 4, 2015 infant plaintiff has received medical care & treatment from the following additional health care providers: Lincoln Medical and Mental Health Center, 234 E 149th Street, Bronx, New York 10451 Montefiore Medical Center, 3415 Bainbridge Avenue, Bronx, New York 10467 Bronx Lebanon Hospital Center, 1650 Grand Concourse, Bronx, New York 10457 Mount Sinai Kravis Children's Hospital, 1184 5th Ave, New York, NY 10029 Provided herewith original duly executed Hipaa Compliant Authorizations for the release of the Infant Plaintiff's medical, radiological, lab, films, studies & billing records from all of the above identified health care providers. 2. With respect to your general demands for infant plaintiff's disability records, enclosed please find a duly executed authorization for the release of the his disability records from Social Security Administration, 820 Concourse Village West, 3rd Floor, Bronx, New York 10451.
3. With respect to your general demands for infant plaintiffs school records, enclosed please find duly executed authorizations for the release of the Infant Plaintiff's school records from the following schools: P.S. 019 The Curtis School, 780 Post Avenue, Staten Island, NY 10310 Staten Island Community Charter School, 309 St. Paul's Avenue, Staten Island, New York 10301 P.S. 48 Joseph R. Drake School, 1290 Spofford Avenue, Bronx, New York 10474 P.S. 063 Author's Academy, 1260 Franklin Avenue, Bronx, New York 10456 Sheridan Academy for Young Leaders, 1116 Sheridan Avenue, Bronx, New York 10456 4. Enclosed please find the following original duly executed authorization for the release of the Infant Plaintiff's records from the Early Intervention Program New York State Department of Health, Bureau of Early Intervention, Coming Tower, Room 287, Empire State Plaza, Albany, NY 12237-0660 5. Specifically, with respect to you Demand for Authorizations dated April 9, 2016 ( copy attached hereto), please be advised of the following: I. EMS; 2. EIP; Plaintiff objects to this demand as overly broad, ambiguous., interrogatory in nature and patently improper. However, without waiver of this objection, and expressly subject to it, plaintiff responds as follows: NYC Fire Department, Public Records Unit/ACR Section, 9 MetroTech Center Brooklyn, New York 11201-3857. Authorization provided herewith. Authorization provided herewith. (Early Intervention Program). See Item 4. 3. Dr. Anderson; Patricia A. Anderson, M.D. Urban Health Plan Inc., I 065 Southern Boulevard, Bronx, New York 10459. Authorization provided herewith. 4. Any and all providers the child was treated by between 2004 through 2008; 2
5. P.S. 19; Plaintiff objects to this demand as overly broad, ambiguous, interrogatory in nature and patently improper. However, without waiver of this objection. and expressly subject to it, plaintiff responds as follows: Plaintiff has supplied all such relevant authorizations to defense with respect to infant plaintiffs health care providers known to plaintiffs mother or pursuant to specific demand from defendant. If defendant identifies or is aware of any other such providers, plaintiff will respond to any such demand. Authorization provided herewith. 6. All school records; Plaintiff objects to this demand as overly broad, ambiguous, interrogatory in nature and patently improper. However, without waiver of this objection, and expressly subject to it, plaintiff responds as follows: Plaintiff has supplied authorizations for the release of infant plaintiffs school records from all schools he attended. See item 3. for a listing of same. 7. Dr. Linshaw; Anita Lim-Shaw, M.D., 1901 1' 1 Avenue, New York, New York 10029. Authorization provided herewith. S. Dr. Anderson:; Same as 5(3) herein. Patricia a. Anderson, M.D., Urban Health Plan Inc., I 065 Southern Boulevard, Bronx, New York 10459. Authorization provided herewith. 9. Any psychiatrists/psychologists/social worker who saw infant plaintiff; Plaintiff objects to this demand as overly broad, ambiguous, interrogatory in nature and patently improper. However, without waiver of this objection, and expressly subject to it, plaintiff responds as follows: Plaintiff has supplied all such relevant authorizations to defense with respect to infant plaintiffs health care providers known to plaintiffs mother or pursuant to specific demand from defendant. If defendant identifies or is aware of any other such providers, plaintiff wi II respond to any such demand. 10. All pharmacy records; Plaintiff objects to this demand as overly broad, ambiguous, interrogatory in nature and patently improper. However, without waiver of this objection, and expressly subject wit, plaintiff responds as follows: 3
Infant plaintiffs prescriptions were filled at the following pharmacy's for which authorizations for the release of infant plaintiffs pharmacy records are provided herewith. First Health Pharmacy lnc., 1229 Franklin Ave, Bronx, NY 104S6 CVS Pharmacy, 115 W 125 1 h Street, New York, NY l 0027 Right Aid Pharmacy, 950-960 Southern Blvd, Bronx, NY 10459 Walgreens/Duane Reade Pharmacy, 941 Southern Blvd., Bronx, NY 10459 CVS Pharmacy, 501 Forest Ave, Staten Island, NY 10310 Brighton Community Pharmacy, 280 Broadway, Staten Island, NY 10310 6. Specifically with respect to your demand for an Arons Authorization dated April 19, 2016 (copy attached hereto), provided herewith is an original duly executed Arons Authorization addressed to Nirmala Vadde, M.D. 355 Bard Ave, Staten Island, NY 10310. In addition provided herewith is a Hipaa authorization for the release of medical records from this provider. 7. Provided herewith is an original duly executed Hipaa authorization for the release of medical records of infant plaintiff from Little Sisters of The Assumption, 333 East 115 111 Street, New York, New York I 0029 8. Please be advised that your offices were provided with authorizations for the release of infant plaintiffs medical records from the following treating health care providers with our disclosure dated May 4, 2015 (Copy attached hereto) Boriken Neighborhood Health Center, 2253 3m Floor, New York, NY I 0035 Astor Child Guidance Center-Highbridge Clinic, 1419 Shakespeare Ave, Bronx, NY 10452 Four Winds Hospital, 800 Cross River Rd, Katonah, New York I 0536 Metropolitan Hospital Center, 1901 1st Ave, New York, NY 10029 Kings County Hospital Center, 45 I Clarkson Ave, Brooklyn, NY 11203 Queens Hospital Center, 82-68 164th St., Jamaica, New York 11432 4
Richmond University Medical Center, 355 Bard Ave, Staten Island, NY I 0310 9. Collateral Source authorizations: Medicaid authorization provided with our disclosure dated May 4, 2015 ( copy attached hereto) Medicare authorization provided herewith. Upon information and belief Medicare has not been a collateral source provider with respect to infant plaintiff. Said authorization is provided herewith authorizing the release of any records that Medicare/CMS might have with respect to infant plaintiff or to verify that infant plaintiff has not been a recipient of same. 10. At the present time, plaintiff is not in possession of any written adverse party statements with respect to this occurrence, other than the following items: Defendants' medical records and bills of defendant referable to plaintiffs 11. At the present time, the plaintiff is not aware of the names of any witnesses to this occurrence with the exception of the parties this action, their agents, servants and/or employees, her treating heajth care providers and the following persons: Lenore Hairston (Grandmother of infant Plaintiff) The agents, servants and/or employees of the named defendant herein who were present during the defendant's care and treatment of the plaintiff, including it's physicians, interns, residents, fellows, attending physicians, consults, nurses, physician assistants, nurses, nurses' aides, technicians, lab technicians and other personnel who rendered medical and/or surgical care, treatment and/or advise to these plaintiffs on behalf of the defendants, their agents servants and/or employees including Amy Huang, MD., Anna Barbieri, MD., Dr. Walker, Dr. Perez, Dr. Bernstein, Dr. Blumenfeild, Dr. Pa. Gonzalez, as well as other agents, servants and/or employees, of defendant who rendered medical care, treatment, examination and management to plaintiffs who's names presumably appear in defendant's hospital's medical chart and records whose exact identities are unknown to plaintiff at present. In addition, at the time of trial of this matter plaintiff intends to call various relatives and acquaintances of plaintiff's to testify as to the extent of the Infant Plaintiffs injuries and condition. 12. Plaintiff is not in possession of any accident reports other than those statements and/or reports relative to this occurrence that are memorialized and/or contained in defendant's hospital/medical records referable to these plaintiffs. 13. Plaintiff has not yet designated expert witness(es) for trial purposes. Upon designation of same, a response pursuant to CPLR 31 Ol(d) will be provided. 5
14. Photographs: Plaintiff is conducting a search for any photographs in existence relevant to this occurrence. When and if, such photographs are found, any such photographs will be exchanged. Plaintiff expressly reserves the right to object to the use of any information, record or documentation for which information or an authorization for release which is provided herewith at the time of trial on the basis of relevancy or otherwise. All information and authorizations and materials provide herewith are provided expressly subject to and without waiver of this objection. Dated: New York, New York August 5, 2016 TO: SHAUB, AHMUTY. CITRIN & SPRATI, LLP, Attorneys for Defendants THE MOUNT SINAI HOSPITAL and THE MOUNT SINAI MEDICAL CENTER, INC. 77 Water Street, Suite 702 New York, New York 10005 (212) 599-8200 Your File No.: 02-00417 ROBERT J. EPSTEIN, ESQ. Attorney for the Plaintiffs 41 Bedford Street Suite 4C New York. New York 10014 (212) 240-9470 6
ROBERT J. _EPSTBI~BSQ,_ AFFIRMATION OF SERVICE ROBERT J. EPSTEIN, an attorney duly licensed to practice before the Courts of the State of New York, hereby affirms under the penalty of perjury: I am not a party to this action. I reside in New York County, State of New York and I am over eighteen years of age. That on the 5th day of August, 2016 I served the within RESPONSE TO CC ORDER, PURTBBR RESPONSE PC ORDER & FURTBBR RESPORSE TO DEMANDS, on the persons listed below by mailing a copy of same in an official depository under the exclusive care and custody of the United States Post Office Department in the State of New York in a pre-addressed post paid wrapper VIA PRIORITY MAIL WITH DELIVERY CONFIRMATION: TO: SHAUB, AHMUTY, CITRIN & SPRATT, LLP, Attorneys for Defendants THE MOUNT SINAI HOSPITAL and THE MOUNT SINAI MEDICAL CENTER, INC. 77 Water Street, Suite 702 New York, New York 10005 (212) 599-8200
~------~--~------~~----~~~---------~-~----~~-~---~-----~----------~--~--------~~~----~-----~ Index No 805657 /2015 Year20I5 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX Z.G., an infant, by his Motherand Natural Guardian, SHARMANE HAIRSTON, -against- Plaintiff(s), THE MOUNT SINAI HOSPITAL and THE MOUNT SINAI MEDICAL CENTER. INC. Defendant( s). RFSPONSE TO CC ORDER, FURTHER RESPONSE PC ORDER & FURTHER RESPONSE TO DEMANDS ROBERT J.EPSTEIN,ESQ. Attomey for Plaintiff(s) Off"tce and Post Off1ee Address. Telcpbone 41 Bedford Street, Suite 4C New York, New York 10014 (2U) 240-9470 TO: