At I.A.S. Part 19_A of the Supreme Court
`of the State of New York, held in and
`for the County of Bronx, at 851 Grand
`Concourse , NY on
`
`day of
`
`, 2013
`
`P R E S E N T:
`
`Hon. Douglas E. McKeon
`Justice.
`
`STEVEN VIDAL, an infant, by his mother
`and natural guardian LETICIA HERNANDEZ,
`and LETICIA HERNANDEZ, individually,
`
`Plaintiffs,
`
`NEW YORK CITY HEALTH &
`HOSPITALS CORPORATION, LINCOLN
`HOSPITAL and BELLEVUE HOSPITAL
`
`CENTER
`
`Defendants.
`
`:
`
`I
`
`Index.: 20062/2013
`
`INFANT’S
`COMPROMISE ORDER
`
`Upon reading and filing the Petition of LETICIA HERNANDEZ dated August 21, 2013,
`
`and the Affirmation of MARTHA GOLD, ESQ., dated August 21, 2013, and the exhibits
`
`attached thereto; and,
`
`It further appearing that the infant-plaintiff STEVEN VIDAL, was born on October 23,
`
`2007 and is presently approximately six years old, and it further appearing that the best interest of
`
`the infant-plaintiff will be served by settlement of the within action, and after due deliberation
`
`having been had thereon, and upon all the papers and proceedings heretofore had herein, the
`
`papers and proceedings heretofore had herein,
`
`

`

`NOW, on motion of MARTHA GOLD, attorney for the plaintiffs, it is
`
`ORDERED, that LETICIA HERNANDEZ, as the mother and natural guardian of the
`
`infant, STEVEN VIDAL, is hereby empowered and authorized to settle the within action for
`
`personal injuries sustained by the infant-plaintiff, STEVEN VIDAL, against the defendants NEW
`
`YORK CITY HEALTH AND HOSPITALS CORPORATION, LINCOLN HOSPITAL AND
`
`BELLEVUE HOSPITAL CENTER, for the sum of ONE HUNDRED THOUSAND
`
`($100,000.00) DOLLARS to be paid as follows:
`
`SIXTY EIGHT THOUSAND SEVEN HUNDRED FIFTY TWO AND SIXTY EIGHT
`
`CENTS ($68,752.68) for conscious pain and suffering to be made payable and deposited to
`
`LETICIA HERNANDEZ as parent and natural guardian of the infant STEVEN VIDAL together
`
`‘with an officer of the following savings bank, in trust for the exclusive use and benefit of
`
`STEVEN VIDAL until he reaches his majority, to be deposited in such designated depositories in
`
`an insured, interest bearing account, certificate of deposit, bank money market fund or other bank
`
`instrument insured by the Federal Deposit Insurance Corporation, at the highest legal rate of
`
`interest available.
`
`Such funds shall be deposited aforesaid with the following depositories:
`
`l.
`
`The sum of Thirty One Thousand Two Hundred Thirty Nine Dollars and
`
`Twenty-Five Cents ($31,239.25) jointly with an Officer of the Bank of America located 329 E.
`
`149th Street, Bronx, NY 10459.
`
`2.
`
`The sum of Thirty One Thousand Two Hundred Thirty Nine Dollars and
`
`Twenty-Six Cents ($31,239.26) jointly with an Officer of Chase Bank located at 360 E. 149th
`
`Street, Bronx, NY 10455.
`
`

`

`ORDERED, that the su.m in the amount of SIX THOUSAND TWO HUNDRED
`
`SEVENTY FOUR AND SEVENTEEN CENTS shall be paid to the Human Resource
`
`Administration in full satisfaction of the Medicaid lien herein; and it is further
`
`ORDERED, that all disbursements advanced by THE LAW OFFICE OF MARTHA
`
`GOLD, in the sum of One Thousand Seven Hundred Eighty One Dollars and Eighty-Eight Cents
`
`($1,781.88), shall be deducted from the sum of the One Hundred Thousand ($100,000.00) dollars
`
`as reimbursement to said attorney and the remaining sum thereof in the amount of Ninety Eight
`
`Thousand Two Hundred Eighteen Dollars and Twelve cents shall be subject to attorney fees
`
`payable to THE LAW OFFICE OF MARTHA GOLD, in the amount of Twenty Nine Thousand
`
`Four Hundred Sixty Five and Forty Four cents ($29,465.44) pursuant to Judiciary Law § 474-a;
`
`and it is further
`
`ORDERED, the loss of services cause of action for LETICIA HERNANDEZ is
`
`withdrawn; and it is further
`
`ORDERED, that the filing of a bond be dispensed with; and it is further
`
`ORDERED, that LETICIA HERNANDEZ hereby be granted leave to sign all necessary
`
`papers to effectuate this settlement; and it is further
`
`ORDERED, that upon his eighteenth birthday the infant- plaintiff STEVEN VIDAL be
`
`given access to the money to which he is entitled to and the funds be released to his control.
`
`ENTER,
`
`.I.S.C
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`STEVEN VIDAL, an infant, by his mother and
`natural guardian, LETICIA HERNANDEZ, and LETICIA
`HERNANDEZ individually,
`
`Plaintiffs,
`
`—against-
`
`:
`
`‘
`
`'.
`
`Index No. 20062/2013
`
`ATTORNEY’S
`AFFIRNIATION
`
`NEW YORK CITY HEALTH & HOSPITALS
`CORPORATION, LINCOLN HOSPITAL, and BELLEVUE
`HOSPITAL CENTER
`
`Defendants.
`
`ss.:
`
`) )
`
`STATE OF NEW YORK
`
`COUNTY OF NEW YORK )
`
`MARTHA GOLD, ESQ., an attorney duly admitted to practice law before the Courts of the
`
`State of New York, hereby affirms the following pursuant to the penalties of perjury:
`
`1.
`
`I am the attorney ofrecord in the above-entitled action and as such I am fiilly familiar
`
`with all the facts and circumstances contained herein.
`
`2.
`
`This Affirmation is submitted in support of the plaintiffs application seeking
`
`permission to settle and compromise the case of the infant—plaintiff, STEVEN VIDAL (hereinafter
`
`“STEVEN”) against the above-named defendants NEW YORK CITY HEALTH AND HOSPITALS
`
`CORPORATION, (hereinafter “NYCHHC”) BELLEVUE HOSPITAL (hereinafter “BELLEVUE”)
`
`and LINCOLN HOSPITAL (hereinafter “LINCOLN”).
`
`3.
`
`On September 24, 2012 LETICIA HERNANDEZ, the mother and natural guardian
`
`of the infant-plaintiff, retained THE LAW OFFICE OF MARTHA GOLD, to represent her infant-
`
`son, STEVEN, and to represent her individually in a medical malpractice action regarding the care
`
`and treatment of STEVEN at LINCON HOSPITAL (hereinafter “LINCOLN”) and BELLEVUE
`
`HOSPITAL CENTER (hereinafier “BELLEVUE”).
`
`

`

`pursuant to which THE LAW OFFICE OF MARTHA GOLD would be paid the following fee based
`
`upon the sliding scale provisions of Judiciary Law §474-a(2);
`
`(I)
`
`30 per cent of the first $250,000 of the net sum recovered;
`
`(ii)
`
`25 per cent of the first $250,000 of the net sum recovered;
`
`(iii)
`
`20 per cent of the next $500,000 of the net sum recovered;
`
`(iv)
`
`15 per cent of the next $250,000 of the net sum recovered;
`
`(V)
`
`10 per cent of any amount over $1,250,000 of the net sum recovered.
`
`5.
`
`THE LAW OFFICE OF MARTHA GOLD, filed a retainer statement with the
`
`Offices of Court Administration and obtained retainer statement number 3688572 JAN 13.
`
`6.
`
`On September 25, 2012 THE LAW OFFICE OF MARTHA GOLD filed a Notice of
`
`Claim against the defendants NYCHHC, LINCOLN, and BELLEVUE alleging medical malpractice
`
`in the care and treatment of infant-plaintiff STEVEN in that they failed to properly and promply
`
`diagnose and treat the infant-plaintiffs ear infection causing it to spread. (Exhibit “B”)
`
`7.
`
`On January 30, 2013 THE LAW OFFICE OF MARTHA GOLD represented
`
`LETICIA HERNANDEZ at a 50-H Hearing where she appeared and gave sworn testimony
`
`regarding her sons’s case.
`
`8.
`
`When the 50-H Hearing transcript was received it was reviewed by this office and
`
`then sent to the plaintiff for correction.
`
`9.
`
`On January 7, 2013 THE LAW FIRM OF MARTHA GOLD, instituted a medical
`
`malpractice lawsuit against NYCHHC, LINCOLN and BELLEVUE, claiming that because of
`
`medical and hospital negligence and malpractice, they failed to diagnose and treat the infant’s ear
`
`infection leading to a sixth nerve palsy which has since resolved. The defendants NYCHHC,
`
`LINCOLN and BELLEVUE in the aforesaid actions answered the complaint by Schiavetti, Corgan,
`
`DiEdwards, Weinberg & Nicholson dated February 13, 2013. (Exhibit “C”)
`
`10.
`
`Additionally, an action Was brought on behalf of LETICIA HERNANDEZ for loss
`
`of services.
`
`

`

`11.
`
`During the litigation of this action, this office reviewed and familiarized itself with
`
`voluminous medical records and consulted with several medical experts at various times during the
`
`course of the litigation regarding different issues in the medical records.
`
`12.
`
`On April 9, 2013 THE LAW OFFICE OF MARTHA GOLD appeared at a
`
`Preliminary Conference where discovery was scheduled. Numerous discovery demands were
`
`prepared and served, responses to discovery demands of the defendant were prepared and served
`
`including a separate verified bill of particulars for each defendant.
`
`13.
`
`From the time issue was joined, considerable expense and effort was expended in
`
`making certain that all discovery was completed so that all possible theories of recovery were
`
`considered and used, if possible.
`
`14.
`
`The record of all hospitals, physicians, nurses, related health care providers who
`
`treated the infant for any reason since his birth had to be obtained and reviewed. Medical experts
`
`had to be obtained in the fields of pediatrics, emergency medicine and pediatric surgery. To
`
`properly evaluate the action with the expert, this office had to be thoroughly familiar with all of the
`
`infant’s records as well as the testimony ofthe parties who were deposed. The experts, in turn, were
`
`provided with copies of voluminous records for review and discussions.
`
`15.
`
`During the course of the litigation, this office met numerous times with the Infant-
`
`Plaintiff’ s mother, LETICIA HERNANDEZ in order to obtain medical history regarding her infant
`
`son STEVEN and with non-party CALISTO VIDAL , STEVEN’S father.
`
`16.
`
`During the course of discovery, ongoing settlement negotiations were engaged in by
`
`this office and representatives for the defendants NYCHHC, LINCOLN and BELLEVUE.
`
`17.
`
`On August 1, 2013 an offer of $50,000.00 was made by defendant NYCHHC and
`
`after speaking and discussing with the plaintiff on August 1, 2013 that offer was rejected.
`
`18.
`
`Throughout the month of August, 2013 negotiations were ongoing with defense
`
`counsel.
`
`19.
`
`In addition this office submitted the paperwork required to obtain the amount of the
`
`

`

`social services lien in this case.
`
`20.
`
`On August 19, 2013 defendant NYCHHC made an offer to settle the above
`
`matter for $100,000.00 dollars at which time the offer was discussed with STEVEN’S mother and
`
`accepted.
`
`21.
`
`The infant-plaintiffs current treating physician affidavit regarding STEVEN’S
`
`condition is armexed hereto as Exhibit “D” and states that Steven’s condition is stable and he has
`
`made a good recovery. (Exhibit “D”)
`
`22.
`
`LETICIA HERNANDEZ has discontinued her cause of action for loss of services
`
`so that the entire settlement amount can be allocated to her son, STEVEN.
`
`23.
`
`Out ofthe total settlement all disbursements advanced by this office in the course of
`
`prosecuting this action, from the date of the settlement with NYCHHC, LINCOLN and BELLEVUE
`
`totalled the sum of One Thousand Seven HundredEighty One and Eighty-Eight Cents ($1,781.88).
`
`Annexed hereto as Exhibit “E”, is a breakdown of said disbursements. (Exhibit “E”)
`
`24.
`
`The City of New York Human Resources Administration has indicated they will be
`
`asserting a lien against the proceeds oftl:1is action in the amount of six thousand two hundred seventy
`
`four dollars and seventeen cents ($6,274.17). (Exhibit “F")
`
`25.
`
`Based on the above, I recommend that the aforesaid proposed settlement be accepted
`
`for the following reasons: (a) the settlement is fair and just; (b) the settlement is compatible with
`
`jury verdicts sustained by the Appellate Division, First Department, for similar injuries and
`
`conditions, and; (c) the entire settlement will be paid in a lump sum; (d) STEVEN has made a good
`
`recovery with no functional impairment and is not presently under the care of the doctors for this
`
`condition.
`
`26.
`
`After deducting $1,781.88 for disbursements, attorneys fees are in the amount of
`
`Twenty Nine Thousand Four Hundred Sixty Five and Forty-Four Cents ($29,465.44) pursuant to
`
`the retainer herein.
`
`

`

`27.
`
`After deducting attorney’s fee and the social services lien, the balance of the
`
`settlement is Sixty Two Thousand Four Hundred Seventy Eight and Fifiy-One Cent ($62,478.51).
`
`28.
`
`It is requested that the settlement filnds be allocated solely to pain and suffering and
`
`deposited in an interest-bearing account of certificate of deposit and held in trust for the infant-
`
`plaintiff STEVEN VIDAL until he reaches his majority.
`
`29.
`
`I have neither directly nor indirectly become concerned in the settlement of this
`
`action at the instance of a party or person opposing, or with interest adverse to, the infant, nor
`
`received nor will receive any compensation from such party.
`
`30.
`
`Based on the above, I respectfully request that the aforesaid settlement be approved
`
`by the Court.
`
`31.
`
`No previous application has been made for the relief requested herein.
`
`WI-IEREFORE, your affirmant respectfiilly requests an Order approving the
`
`proposed settlement, authorizing LETICIA HERNDANDEZ to settle the action and execute
`
`documents necessary to release the defendants from any fiirther liability and for such other and
`
`further relief as may be just, proper and equitable.
`
`Dated: New York, New York
`August 21, 2013
`
`
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`
`STEVEN VIDAL, an infant, by his mother and
`guardian, LETICIA HERNANDEZ, and LETICIA '
`natural
`HERNANDEZ individually,
`
`Index No. 20062/2013
`
`Plaintiffs,
`
`-against-
`
`PLAINTIFF’S
`AFFIRMATION
`
`NEW YORK CITY HEALTH & HOSPITALS
`CORPORATION, LINCOLN HOSPITAL, and BELLEVUE
`HOSPITAL CENTER
`
`Defendants.
`
`STATE OF NEW YORK
`
`)
`
`COUNTY OF BRONX
`
`i 55':
`
`LETICIA HERNANDEZ, being duly sworn, deposes and says:
`
`1.
`
`I am the mother of the infant-plaintiff in the above-entitled action and as such I am
`
`fully familiar with all the facts and circumstances contained herein.
`
`2.
`
`This Affirmation is submitted in support of the plaintiffs application seeking
`
`permission to settle and compromise the case of my son, STEVEN VIDAL (hereinafter “STEVEN”)
`
`against
`
`the above-named defendants NEW YORK CITY HEALTH AND HOSPITALS
`
`CORPORATION, (hereinafier “NYCHHC”) BELLEVUE HOSPITAL (hereinafter “BELLEVUE”)
`
`and LINCOLN HOSPITAL (hereinafter “LINCOLN”).
`
`3.
`
`On September 24, 2012 I retained THE LAW OFFICE OF MARTHA GOLD, to
`
`represent my infant-son, STEVEN, and to represent me individually in a medical malpractice action
`
`regarding the care and treatment of STEVEN at LINCOLN HOSPITAL (hereinafter “LINCOLN”)
`
`and BELLEVUE HOSPITAL CENTER (hereinafter “BELLEVUE”).
`
`4.
`
`At that time I signed a retainer agreement (Exhibit “A”) pursuant to which THE LAW
`
`OFFICE OF MARTHA GOLD would be paid the following fee based upon the sliding scale
`
`

`

`(I)
`
`(ii)
`
`30 per cent of the first $250,000 of the net sum recovered;
`
`25 per cent of the first $250,000 of the net sum recovered;
`
`(iii)
`
`20 per cent of the next $500,000 of the net sum recovered;
`
`(iv)
`
`15 per cent of the next $250,000 of the net sum recovered;
`
`(v)
`
`10 per cent of any amount over $1,250,000 of the net sum recovered.
`
`5.
`
`I was informed that THE LAW OFFICE OF MARTHA GOLD, filed a retainer
`
`statement with the Oflices of Court Administration and obtained retainer statement number 3688572
`
`JAN 13.
`
`6.
`
`My attorney informed that on September 25, 2012 THE LAW OFFICE OF MARTHA
`
`GOLD filed a Notice of Claim against the defendants NYCHHC, LINCOLN, and BELLEVUE
`
`alleging medical malpractice in the care and treatment of my son STEVEN in that they failed to
`
`properly and promptly diagnose and treat my son’s ear infection causing it to spread. (Exhibit_‘_‘§:)
`
`7.
`
`On January 30, 2013 THE LAW OFFICE OF MARTHA GOLD represented me at
`
`a 50-H Hearing where I appeared and gave sworn testimony regarding my sons’s case.
`
`8.
`
`When the 50-H Hearing transcript was received it was reviewed by my attorney and
`
`then Sent to me for correction and signature.
`
`9.
`
`My attorney informed me that on January 7, 2013 THE LAW FIRM OF MARTHA
`
`GOLD, instituted a medical malpractice lawsuit against NYCHHC, LINCOLN and BELLEVUE,
`
`claiming that because of medical and hospital negligence and malpractice, the defendants failed to
`
`diagnose and treat my son’s ear infection leading to a sixth nerve palsy which has since resolved.
`
`The defendants NYCHHC, LINCOLN and BELLEVUE in the aforesaid actions answered the
`
`complaint by Schiavetti, Corgan, DiEdwards, Weinberg & Nicholson dated February 13, 2013.
`
`(Exhibit “C”)
`
`10.
`
`1 1.
`
`Additionally, an action was brought on my behalf for loss of services.
`
`During the litigation of this action, THE LAW OFFICE OF MARTHA GOLD
`
`reviewed and familiarized itself with voluminous medical records and consulted with several
`
`

`

`medical experts at various times during the course of the litigation regarding different issues in the
`
`medical records.
`
`12.
`
`My attorney informed me that on April 9, 2013 THE LAW OFFICE OF MARTHA
`
`GOLD appeared at a Preliminary Conference where discovery was scheduled. Numerous discovery
`
`demands were prepared and served, responses to discovery demands ofthe defendant were prepared
`
`and served including a separate verified bill of particulars for each defendant.
`
`13.
`
`My attorney infonned me that from the time issue was joined, considerable expense
`
`and effort was expended in making certain that all discovery was completed so that all possible
`
`theories of recovery were considered and used, if possible.
`
`14.
`
`My attorney informed me that all the records of all hospitals, physicians, nurses,
`
`related health care providers who treated my son for any reason since his birth were obtained and
`
`reviewed. Medical experts had to be obtained in the fields of pediatrics, emergency medicine and
`
`pediatric surgery. To properly evaluate the my son’s action THE LAW OFFICE OF MARTHA
`
`GOLD spoke with the experts, and had to become thoroughly familiar with all of the son’s records
`
`as well as the testimony ofthe parties who were deposed. The experts, in turn, were provided with
`
`copies of voluminous records for review and discussions.
`
`15.
`
`During the course ofthe litigation, my attorney met numerous times with me in order
`
`to obtain medical history regarding my son STEVEN. She also met with non-party CALISTO
`
`VIDAL , STEVEN’S father.
`
`1 6.
`
`During the course of discovery, ongoing settlement negotiations were engaged in by
`
`this office and representatives for the defendants NYCHHC, LINCOLN and BELLEVUE.
`
`17.
`
`My attorney informed me that on August 1, 2013 a settlement offer of $50,000.00 was
`
`made by defendant NYCHHC and afier speaking and discussing with me on August 1, 2013 that
`
`offer was rejected.
`
`18.
`
`My attorney informed me that throughout the month of August, 2013 negotiations
`
`were ongoing with defense counsel.
`
`

`

`19.
`
`My attorney informed me that in addition THE LAW OFFICE OF MARTHA GOLD
`
`submitted the paperwork to obtain the amount of the social services lien in my son’s case and
`
`explained this would have to be repaid from any funds received in my son’s case.
`
`20.
`
`My attorney informed me that on August 19, 2013 defendant NYCHHC made an
`
`offer to settle the above matter for $100,000.00 dollars at which time the offer was discussed with
`
`me and accepted.
`
`21.
`
`STEVEN’S current treating physician has provided me with an affidavit regarding
`
`STEVEN’S condition which states that Steven’s condition is stable and has made a good recovery.
`
`(Exhibit “D”)
`
`22.
`
`I have discontinued my cause of action for loss of services so that the entire
`
`settlement amount can be allocated to my son, STEVEN.
`
`23.
`
`My attorney informed me that out of the total settlement all disbursements advanced
`
`by this office in the course of prosecuting this action, from the date ofthe settlement with NYCHHC,
`
`LINCOLN and BELLEVUE totaled the sum of One Thousand Seven Hundred Eighty-One and
`
`Eighty-Eight Cents ($1,781.88) dollars. I was provided with a copy the breakdown ofdisbursements.
`
`(Exhibit “E”)
`
`24.
`
`My attorney informed me that The City of New York Human Resources
`
`Administration has indicated they will be asserting a lien against the proceeds of this action in the
`
`amount of six thousand two hundred seventy four dollars and seventeen cents ($6,274.17). (Exhibit
`
`(‘F5’)
`
`25.
`
`Based on the above, I recommend that the aforesaid proposed settlement be accepted
`
`for the following reasons: (a) the settlement is fair and just; (b) the entire settlement will be paid in
`
`a lump sum; (c) STEVEN has made a good recovery with no functional impairment and is not
`
`presently under the care of the doctors for this condition.
`
`26.
`
`My attorney informed that after deducting $1,781.88 for disbursements, attorneys fees
`
`are in the amount of Twenty Nine Thousand Four Hundred Sixty Five and Forty-Four Cents
`
`

`

`($29, 465.44) pursuant to the retainer I signed herein.
`
`27.
`
`My attorney informed me that after deducting attorney's fee and the social services
`
`lien, the balance ofthe settlement is Sixty Two Thousand Four Hundred Seventy Eight and Fifiy-One
`
`cents ($62,478.51).
`
`28.
`
`I
`
`request that the settlement funds be allocated solely to pain and suffering and
`
`deposited in an interest-bearing account of certificate of deposit and held in trust for my son
`
`STEVEN until he reaches his majority.
`
`29.
`
`Based on the above, I respectfully request that the aforesaid settlement be approved
`
`by the Court.
`
`30.
`
`No previous application has been made for the relief requested herein.
`
`WHEREFORE, your affirmant respectfully requests an Order approving the
`
`proposed settlement, authorizing me to settle the action and execute documents necessary to release
`
`the defendants from any further liability and for such other and further relief as may be just, proper
`
`and equitable.
`
`Dated: New York, New York
`August 21, 2013
`
`Eta’
`LETICIA HE
`
`P2
`ANDEZ
`
`- Z
`
`

`

`"443 west '2:-il-{D—S_TREET
`SUITE 13
`
`NEW YORK, NEW YORK 10011
`
`SUBJECT TO INVESTIGATION
`RETAINER
`
`The undersigned, residing at
`
`i7,§ 5251". /5/iITSé£_¢Z , [:3/(WK N Z: /57-V57
`
`hereby retains you to prosecute or adjust a claim for damages arising from -- personal
`
`injuries sustained by loss of services of ___g
`
`through the negligence of
`
`
`or other persons, and the undersigned hereby gives you the exclusive right to take all legal
`steps to enforce the said claim and hereby further agrees not to settle this action in any
`manner without your written consent.
`
`the
`In consideration of the services rendered and to be rendered by you,
`undersigned hereby agrees to pay you and you are authorized to retain out of any moneys
`that may come into your hand through judgment, settlement or otherwise by reason of the
`above claim:
`
`(i)
`(ii)
`(iii)
`(iv)
`(v)
`
`30 per cent on the first $250,000 of the sum recovered,
`25 per cent on the next $250,000 of the sum recovered,
`20 per cent on the next $500,000 of the sum recovered,
`15 per cent on the next $250,000 of the sum recovered,
`10 per cent on any amount over $1,250,000 of the sum
`recovered; or,
`
`Such percentage shall be computed on the net sum recovered after deducting from
`the amount recovered expenses and disbursements for expert testimony and investigative
`or other services properly chargeable to the enforcement of the claim or prosecution of the
`action.
`In computing the fee, the costs as taxed, including interest upon a judgement, shall
`be deemed part of the amount recovered. For the following or similar items there shall be
`no deduction in computing such percentages; liens, assignments or claims in favor of
`hospitals, for medical care and treatment by doctors and nurses, or self—insurers or
`insurance carriers.
`
`In the event extraordinary services are required you may apply to the Court for
`greater compensation pursuant to the Judiciary Law and the Special Rules of the Appellate
`Division regulating the conduct of Attorneys.
`
`If the
`to an Appellate Court.
`This agreement does not contemplate appeal
`undersigned desires to employ the law firm to prosecute an appeal in this action, a
`separate agreement with its own rate of compensation must be entered into.
`If I retain
`separate counsel to prosecute an appeal and the case is disposed of in my favor after that
`point, the law firm is entitled to be compensated for the time spent in handling the
`underlying and expenses from me and from the new attorney retained.
`
`

`

`The client(s) understand that a case involving negligence and/or medical
`malpractice in a hospital, nursing home, or doctor's offices involves a comprehensive
`review of medical records by lawyers and medical experts, and the investigation of same
`is extremely time consuming and costly. in addition, the investigation of every accident and
`incident is necessary before the case may be certified as meritorious. The undersigned
`client(s) agree(s) and understand(s) that this is a retainer and the handling of the case is
`subject to the review and approval by the attorney after the attorney has had the
`opportunity to do a sufficient review of the case to investigate whether the attorney will
`seek legal redress for ciient/injured person. The attorney retains the right to reject
`representation upon sufficient written notice to the undersigned.
`
`SURROGATE COURT PROCEEDINGS
`
`CHECK NUMBER ONE OR TWO BELOW:
`
`1. D The undersigned has retained you to secure Letters Testamentary or Letters
`of Administration and the fees for such services shall be 1,500.00 payable at the end of
`
`the case if the case has produced a recovery.
`
`The undersigned has not retained you to secure Letters Testamentary or
`2. CI
`Letters of Administration as such services are being provided by a different attorney
`retained by the client(s).
`
`2012
`
`Dated
`
`

`

`X l3——‘.’\'oti::e of Claim against The City of New York:
`Section 502 General Municipal Law. 6-83
`
`In the Matter ofthe Claim of
`STEVEN VIDAL on infant by his mother and natural guardian LETICIA HERNANDEZ
`
`against
`
`N YCHHC, LINCOLN HOSPITAL and BELLE VUE HOSPITAL
`
`TO: COMPTROLLER OF THE CITY OF NEW YORK
`
`PLEASE TAKE NOTICE, that the undersigned claimantfis) hereby rnake(s) claim and demand against the City ofNew
`Yorlt, asfollows: [Oflice ofthe Comptroller requests thefollowing additional information." in Section 2, specfiic defect (e.g. pothole) ifapplicable; in Section 3, street
`address wherever possible.]
`
`The name and post—ofi‘ice address ofeach claimant and claimant's attorney is:
`
`Steven Vidal and Leticia Hernandez
`175 E. 151th Street
`Apt. 3E
`Bronx, NY 10451
`
`The nature ofthe claim:
`
`The Law Oflice ofMartha Gold
`Attorneyfor Claimant
`445 West 23rd Street - Suite 1B
`New York, NY 10011
`
`This is a claim for medical malpractice, negligence and lack ofinform ed consent on the part ofNew York City Health
`and Hospitals Corporation, Lincoln Hospital and Bellevue Hospital in failing to properly and promptly diagnose and treat the infant
`claimant ’s infection causing permanent injury to him; in improperly performing surgery and procedures on the infant—claimant; causing
`_further injury including but not limited to infection, neurological iryury, and in causing and worsening the infant—claimant ’s condition and
`infection, failing to admit the infant-claimant; improperly discharging the infant claimant with said injuries andfailing to properly treat
`the infant claimant is complaints during all ofhis visits and admissions at Lincoln Hospital on August 14, 2012, August 16, 2012 , and
`August 18, 2012 through August 28, 2012 and at Bellevue on August 17, 2012 and August 31, 2012 through September 10, 2012 and
`allowing his condition to deteriorate and worsen.
`
`3. The time when, the place where and the manner in which the claim arose:
`
`The infant claimant 15' claim arose in Lincoln Hospital and Bellevue Hospital, their clinics, wards, halls and beds and
`all of the places where the defendants NYCHHC, Lincoln Hospital and Bellevue Hospital rendered care to the claimant on August 14,
`2012, August 16 — September 10, 2012, and continuing when the defendant negligentlyfailed to promptly andproperly diagnose and treat
`the claimant ’s infection whichfailure caused injury to his internal organs including his brain and neurological system, and improperly
`and negligently dischargedfrom, andfailed to admit the claimant to Lincoln Hospital on August 14, 2012, August 16, 2012, and Bellevue
`Hospital on August 17, 2012 and during the treatments at Lincoln Hospitalfrom August 18, 2012 through August 28, 2012 and Bellevue
`Hospitalfrom August 31, 2012 through September 10, .2012 and improperly discharging him andfailing to admit him and causing and
`failing to properly treat and improperly performing surgery and procedures; causing injuries to his internal organs causing infection.
`brain injury and causing his condition to deteriorate and worsen and causing the claimant to sustain serious and perm anent injuries due
`to the negligent and inadequate medical care provided by the defendants herein.
`
`4. The items ofdamage or injuries claimed are
`As a result ofthe aforementioned negligence. the infant claimant STEVEN VIDAL was caused to sustain injuries including brain
`damage, neurological damage, surgeries, surgeries, hospitalizations, and medical expenses. Claimant has sufiered damages in a sum
`exceeding thejurisdictional limitations ofall lower courts which would otherwise havejurisdiction.
`is s‘£;<>'i'9~0/l
`
`Cgfgflfi QALTT
`
`

`

`The undersigned claimantfs) therefore present this claimfor aafustment and payment. You are hereby notified that unless it
`5
`is aajfusted andpaid within the time provided by lawflrom the date ofpresentation, to you, the claimant(s) intend{s) to commence on action
`
`
`'11 rd‘ beneath
`signed nmsr 52'
`
`ETICIA HERNANDEZ
`
`
`
`at
`MARTHA G
`of New Y _
`Nda. Pufl-i
`~ Sta
`
`' w 2212:‘: ma-1
`E '
`,1
`L.‘ -_-fin-_;am[y
`
`
`My Can
`you fixtures 08l1 012009
`
`
`MARTHAGOLD
`mfiflb-SE16 Of-NEW 70?‘!
`'
`. °3_5°‘9°‘" 31
`IIINQU York_Gnnm_y
`uycbuyiuton oxpias ouuoreear 2013
`
`Dated: September I3, 2012
`New York, NY
`
`
`
`Office and Post Ofiice Address, Telephone Number
`445 West 23rd Street - Suite 1B
`
`New York,N}’
`1 001 l
`(212) 888—6068
`
`INDIVIDUAL VERIFICATION
`
`State ofNew York, County of
`
`ss.:
`
`being duly sworn, deposes and says that deponent is
`the claimant in the within action; that he has read the
`foregoing Notice of Claim and knows the contents
`thereof;
`that
`the same is true to deponents own
`knowledge, except as to the matters therein stated to be
`alleged on information and belief and that as to those
`matters deponent believes is to be true.
`
`CORPORATE VERIFICATION
`
`State ofNew York, County of
`
`ss. .'
`
`being duly sworn, deposes and says that deponent is the
`of
`corporate claimant named in the within action; that
`deponen! has read theforegoing Notice of Claim and
`knows the contents thereof and that the some is true to
`deponentis own knowledge. except as to the matters
`therein stated to be alleged upon information and
`belief and as to those matters deponent believes it to
`be true.
`
`This verification is made by deponent because
`said claimant is a
`corporation, and deponent
`and ofiicer thereof to wit its
`The grounds ofdeponent’s belief as to all matters not
`stated upon deponentis knowledge are asfollows:
`
`Sworn to before me, this
`day of
`20
`
`Sworn to before me, this
`day of
`20
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`...................................................................... --x
`STEVEN VIDAL, an infant by his mother, and natural
`:
`guardian, LETICIA HERNANDEZ, and
`LETICIA HERNANDEZ, individually,
`
`—against-
`
`Plaintiff,
`
`:
`
`2
`
`Index No.: 200 G2 2 / 203
`
`Plaintifidesignates
`BRONX County as
`the place ofvenue
`
`The basis ofthe venue
`IsDefimdants place ofbusiness
`
`SUMMONS
`
`NEW YORK CITY HEALTH & HOSPITAL
`
`CORPORATION, LINCOLN HOSPITAL, and
`BELLEVUE HOSPITAL,
`
`——————————————————————————————————————————————
`
`To the above named Defendant
`
`Defendants.
`
`Plaintiflresides at
`
`175 East 151st Apt. 30,
`Bronx, NY 10451
`
`YOUARE IIEREBY SUMMONED to answer the complaint in this action and to
`serve a copy ofyour answer, or ifthe com laint is not served with this summons, to serve a
`notice ofappearance, on the Plainnfl’sAl1Ebr3ney(s) within 20 days afier the service ofthis
`summons, exclusive ofthe day ofservice (or within 30 days after the service is complete ifthis
`summon is notpersonally delivered to you within the State ofNew York); and in case ofyour
`failure to appear or answer, judgment will be taken against you by defaultfor the relief
`demanded in the complaint.
`
`Dated: New York, New York
`January 7, 2012
`
`LAW OFFICE OF MARTHA GOLD
`Attorney for Plaintiff
`
`Defendants’ addresses:
`New York Health & Hospitals Corporation
`360 Broadway - Rm 600
`New York, NY 10013
`
`Oflice and P.O. Address
`445 West 23rd Street
`Suite 1-B
`New York, NY 10011
`
`Lincoln Hospital
`234 East 149th Street
`Bronx, NY 10451
`Bellevue Hospital
`462 First Avenue
`New York, NY 10010
`
`__
`
`-
`
`-_ ':’.
`I
`_,. :_-~.'
`
`U .i'D:>
`T.‘
`513 3, 12>
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`_______________________________________________________________________-X
`
`STEVEN VIDAL, an infant by his mother and natural
`guardian, LETICIA HERNANDEZ, and
`LETICIA HERNANDEZ, individually
`
`Plaintiff,
`
`Index No.: 200 In 3/203
`
`—against—
`
`VERIFIED COMPLAINT
`
`NEW YORK CITY HEALTH & HOSPITALS
`CORPORATION, LINCOLN HOSPITAL