FILED: BRONX COUNTY CLERK 09/30/2016 04:25 PM
`FILED: BRONX COUNTY CLERK 092016 04:25 P
`NYSCEF DOC. NO. 46
`NYSCEF DOC. NO. 46
`
`INDEX NO. 20458/2012E
`INDEX NO- 20458/20123
`RECEIVED NYSCEF: 09/30/2016
`RECEIVED NYSCEF: 09/30/2016
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF BRONX
`-u-coco-an-a-an----coo....................................--x
`
`Index No.: 20458/20l2E
`
`FELIPE RAMOS, as the Administrator of the Estate of
`JACINTA DIAZ, Deceased
`and FELIPE RAMOS, Individually
`
`—against-
`
`Plaintiffls),
`
`DAVID S01-IN, MD. and MONTEFIORE MEDICAL
`CENTER-JACK D. WEILER HOSPITAL
`
`Defendants,
`..........-..........._..........................x
`
`VERIFIED BILL OF
`PARTICULARS
`
`Plaintiff. by his attorney, SHELDON E. GREEN, P.C., as and for his
`
`Verified Bill of Particulars, pursuant to the demands of defendant, MONTEFIORE MEDICAL
`
`CENTER-JACK D. WEILBR HOSPITAL, herein. respectfully alleges the following:
`
`.__.....
`
`1.
`
`1"?e- .
`
`(a). 1010 East Tremont Avenue. Bronx, NY 10460 (b). Not applicable.
`
`Upon information and belief the first time this defendant rendered care and treatment
`
`to the plaintiff decedent herein in the year 2010 was on 1/13/10 and subsequent thereto
`
`on 5/21I 0 and 5/12/10. Pending fitrthcr discovery, plaintiff is unaware of other prior
`
`specific dates of treatment by this defendant.
`
`512/l 0.
`
`The ED of the defendant herein.
`
`The negligence of the defendant herein consisted of the following. on the part of this
`
`defendant's servants, agents, employees andlor assigns including physicians, residents,
`
`interns andlor nurses in the ED: to act in accordance with generally accepted standards
`
`

`

`ofmedical practice and standards; in negligently failing to perform and act with the
`
`necessary medical skills; in negligently failing to use the proper medical skill and
`
`judgment and proper means and precautions in examining, assessing, evaluating,
`
`diagnosing the plaintiffdecedent at the time of her presentation to this defendant's ED
`
`on 5/2/10 while on narcotics, analgesics, anti-inflammatory medications and further and
`
`other controlled substance; in negligently failing to take the necessary care and caution
`
`to identify or rule out the presence ofa gastrointestinal bleed or any blood in the stool
`
`at the time of her presentation to this defendant's ED on 5/2/10 with complaints of
`
`“ccnstipation", 10 days prior to the plaintiff decedent’s presentation to this defendant's
`ED on 5/12/10 with a fatal gastrointestinal hemorrhage due to gastric ulcers due to the
`
`negligent (over)prescribing of the aforementioned medications; in negligently failing to
`
`ensure that the plaintiff decedent was correctly, adequately, appropriately and properly
`
`examined, assessed, evaluated and diagnosed given the medications at the time of her
`
`presentation to the ED of the defendant herein on 5/2/10; in negligently treating,
`
`assessing, evaluating, examining, working up and diagnosing the plaintiff decedent at
`
`the time of her presentation on 5/2/I 0 to the ED of the defendant herein; in failing to
`
`timely care for, treat and intervene before the condition of the plaintiff decedent
`
`became irreversible and terminal; in negligently failing to take the necessary care and
`
`caution in assessing, evaluating and examining the plaintiff decedent at the time of her
`
`presentation to this defendant's ED on 512/I0 while having been prescribed narcotics,
`
`analgesics, anti-inflammatory medications and controlled substances and in failing to
`
`prevent the injuries and death of the plaintiff decedent; in failing to use the proper,
`
`indicated and appropriate means, modes or procedures in assessing, evaluating,
`
`examining, working up and diagnosing the plaintiff decedent given for presentation and
`
`complaints on 5/2/10 while on prescription narcotics, analgesics. anti-inflammatory
`
`

`

`medications and controlled substances and in preventing the plaintiffdecedent from .
`
`developing the fatal gastrointestinal hemorrhage of 5/12/10 due to gastric ulcers due to
`
`the aforementioned medications; in negligently failing to use the skill and judgment
`
`ordinarily exercised by physicians in defendant’s specialty; in negligently failing to
`
`properly and adequately treat and care for the plaintiffat the time ofher presentation on
`
`5/2110 to the PD of the defendant herein; that the treatment of the plaintiffby this
`
`defendant was in a manner contrary to the accepted standards ofthe medical
`
`community wherein the said treatment was received by the plaintiff; in failing to make
`
`sure or ascertain and properly and appropriately care for and render the appropriate
`
`medical care. treatment, assessment, evaluation , examination and diagnosing of the
`
`plaintiff decedent and in negligently failing to take into account her presentation and
`
`her medication regimen and history including narcotics, analgesics, anti-inflammatory
`
`medications and controlled substances; in negligently failing to ascertain and make sure
`
`to take the proper and adequate steps, modes, and procedures which would have
`
`prevented the injuries and damages herein; in negligently failing to make sure and
`
`ascertain to employ and use the proper means and precautions in caring for and treating
`
`the plaintiffdecedent herein including assessing, evaluating, examining, working up
`
`and diagnosing the plaintifi decedent given her presenting compIaint(s) while on
`
`prescription narcotics, analgesics, anti-inflammatory medications and controlled
`
`substance; in failing to use the required and necessary knowledge, education,
`
`qualifications, skill, training and experience ofothers practicing in defendant’s
`
`specialty use; in negligently lulling the plaintiff decedent into a false sense of security
`" %——.p~—. —.j-_
`‘'0-.._ _..._o. .
`that the treatment being rendered was proper and would
`
`no injury; in negligently
`
`failing to make sure and ascertain that the proper, appropriate, correct and indicated
`
`medical care and treatment was rendered to the plaintiff decedent during her treatment
`
`

`

`and presentation to the defendant herein on 5/2/l 0; in negligently failing to make sure
`
`and ascertain that the plaintiffwas correctly, properly and appropriately cared for, and
`
`the appropriate, proper, correct and indicated assessment, evaluation, examination and
`
`work up was made by the defendant’s ED on 5/2/10; in negligently failing to make sure
`
`and ascertain that the treatment recommended to the plaintiff decedent by the defendant
`
`herein on 5/2/10 was proper, adequate, correct and appropriate; in negligently causing,
`
`permitting or allowing the injuries or conditions complained ofherein to occur, worsen
`
`and or progress thereby resulting in the premature demise of the plaintiff decedent from
`
`the condition ofa fatal gastrointestinal hemorrhage of 5/12/10 due to gastric ulcers; in
`
`negligently failing to order, recommend, request, advise, take, perform, render or
`
`provide standard or accepted measures or precautions necessary and indicated, required
`
`or calculated to avoid or prevent the iniuries, conditions and death ofthe plaintiff
`
`decedent complained of herein.
`
`8. “Constipation” "Lower Back Pain”. "Inability to Urinate".
`
`9. Not applicable.
`
`10. See response 7 supra. S/2/10. Failure to perform a rectal examination in a patient
`
`complaining of constipation and back pain. Failure to perform a stool guaiac/occult blood
`
`test.
`
`1 1. SIM 0. Failure to ascertain and document the plaintiffdecedent’s full medication
`
`regimen including Naproxen, Ibuprofen, Endocet, Codeine/APAP, Percocet,
`
`Oxycodone.
`
`12. See response 10 supra as well as a CBC (including hemoglobin and hematocrit).
`
`13. Not applicable.
`
`14. Gastroenterology.
`
`15. Not applicable.
`
`

`

`16. Not applicable.
`
`17. See responses 1 and 10 supra.
`
`18. See responses 7 and 10 supra.
`
`19. Not applicable.
`
`20. Gastrointestinal bleed. 5/2/10.
`
`2 l . Not applicable.
`
`22. Not applicable.
`
`23. Not applicable.
`
`24. See responses 7 and 10 supra.
`
`25. Improper demand for bill ofparticulars as evidentiary in nature. See responses 7 and 10
`
`supra.
`
`26. Improper demand for bill ofparticulars as evidentiary in nature. See responses 7 and 10
`
`supra.
`
`27. Codefendant DAVID S01-IN, M.D. Annexed hereto is a copy of the Bill of Particulars
`
`as against codefendant DAVID Sol-IN, M.D.
`
`28. Not applicable.
`
`29. Not applicable.
`
`30. Any other such specific individuals are unknown to the plaintiff‘at this time. Pending
`
`further discovery, at this time the identity of any such person is known only to the
`
`defendant(s) named herein.
`
`3]. Not applicable.
`
`32. Codefenclaut DAVID S0!-IN, M.D. Annexed hereto is a copy of the Bill of Particulars
`
`as against codefendant DAVID SOHN, MD.
`
`33. Abdominal Pain
`
`Constipation
`
`

`

`Lower Back Pain Secondary to Constipation
`
`Conscious Pain and Suffering
`
`Hypotension
`
`Altered Mental Status
`
`Dizziness
`
`Gastrointestinal Bleeding
`
`Gastrointestinal Hemorrhage
`
`Gastrointestinal Ulceration
`
`Cardiac Arrest
`
`Asystole
`
`Death
`
`All injuries are permanent in nature.
`
`34. Not applicable.
`
`35. Not applicable.
`
`36. Unemployed.
`
`37. (ad. i). Plaintiffhas not been reimbursed in any respect by his health care insurance
`
`provider/carrier. All reimbursement made/provided by Medicaid. Authorization for
`
`Medicaid I.D#I
`
`mnexed hereto.
`
`(e). Not applicable
`
`38. Not applicable.
`
`39. (a-c). Gastrointestinal hemorrhage due to gastric ulcers in patient on Napnoxen and
`
`Ibuprofen for pain management of diabetic neuropathy. Annexed hereto is a copy of the
`
`Death Certificate and an authorization for the Office of the Chief medical Examiner,
`
`M.E. Case#3 ----==---
`
`40. ED of the defendant herein.
`
`

`

`41. Not applicable.
`
`42. such specific individuals are unknown to the plaintiffat this time. Pending further
`
`discovery, at this time the identity of any such person is known only to the defendant(s)
`
`named herein.
`
`43. See response 33 supra.
`
`44. Not applicable.
`
`45. Not applicable.
`
`46. Not applicable.
`
`47. The codefendant herein, David Sohn, M.D., 1922 McGraw Avenue, Bronx, NY 10462.
`
`Authorization annexed hereto.
`
`48. Not applicable.
`
`49. To be supplemented as indicated.
`
`50. Not applicable.
`
`51. To be supplemented.
`
`52. $00.00
`
`53. See response 33 supra.
`
`54. To be supplemented. See response 37 supra.
`
`55. Felipe Ramos, Jr. (son), Armando Garcia (son).
`
`56. Not applicable.
`
`57. To be supplemented.
`
`Dated: Woodmere, New York
`July 23, 2012
`
`

`

`Yours, etc.
`
`SI-[EL O
`
`
`
`
`SHELDON E. GREEN
`Attorney for Plaintifi‘
`566 Sunset Drive
`Woodmere, New York 11598
`516-569-3300
`
`To: Heath & Co.
`84 Business Park Drive
`
`Armonk,NY 10504
`
`

`

`VERIFICATION
`
`STATE OF NEW YORK )
`
`COUNTY OF NASSAU )
`
`(ss.:
`
`SHELDON B. GREEN, an attorney duly admitted to practice in the State ofNew York
`
`afiirms the following under the penalties of perjury:
`
`I am the attorney for the plaintiff(s) in the above entitled action.
`
`I have prepared and read the foregoing Bill of Particulars and know the contents thereof
`
`and, upon information and belief. affirmant believes the matters alleged therein to be true.
`The reason this Verification is ntade by the affnmant and not by the plaintiffis thatthe
`
`plaintiff is not presently in the county wherein the attorney for the plaintiff has his
`
`offices.
`
`The source of aflirmanfs infonnation and grounds of his belief are plaintifi’s recent
`
`discovery, communications, papers. reports and investigations contained in the tile.
`
`Dated: Woodmere, New York
`July 23, 2012
`
`g S
`
`HELDON E. GREEN
`
`

`

`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF BRONX
`-.-—-----------------------«----—---------u----------------—x
`
`FELIPE RAMOS, as the Administrator of the Estate of
`JACINTA DIAZ, Deceased
`and FELIPE RAMOS, Individually
`
`Index No.: 20458/20l2E
`
`-against-
`
`Plaintiff(s),
`
`VERIFIED BILL OF
`PARTICULARS
`
`DAVID SOHN, M.D. and MONTEFIORB MEDICAL
`CENTER-JACK D. WEILER HOSPITAL
`
`Defendants,
`.......-.....................................--.....................x
`
`Plaintiff, by his attorney, SHELDON B. GREEN, P.C., as and for his
`
`Verified Bill of Particulars, pursuant to the demands of defendant, DAVID SOHN, M.D., herein,
`
`respectfully alleges the following:
`
`l. Beginning on or about l0ll 9/98 through 5/10/10.
`
`2. Upon the premises the offices ofthe defendant DAVID SOHN, M.D., herein located at
`
`1922 McGraw Avenue, Bronx, NY l0462.
`
`3. The negligence of the defendant herein consisted ofthe following: the to act in
`
`accordance with generally accepted standards of medical practice and standards; in
`
`negligently failing to perform and act with the necessary medical skills; in negligently
`
`failing to use the proper medical skill and judgment and proper means and precautions
`
`in examining, assessing, evaluating, diagnosing and prescribing narcotics, analgesics,
`
`anti-inflammatory medications and controlled substances to the plaintiff decedent; in
`
`negligently failing to take the necessary care and caution to prevent the fatal
`
`gastrointestinal hemorrhage of 5/12/10 due to gastric ulcers due to the negligent
`
`overprescribing ofthe aforementioned medications; in negligently failing to ensure that
`
`the plaintiffwas correctly, adequately, appropriately‘ and properly examined, assessed,
`
`1
`
`

`

`evaluated, diagnosed and prescribed medications at the time ofher presentations to the
`
`defendant herein; in negligently treating, prescribing narcotics, analgesics, anti-
`
`inflammatory medications and controlled substances to the plaintiff decedent during the
`
`course of treatment of the plaintiff decedent by the defendant herein; in failing to timely
`
`care for, treat and intervene before the condition of the plaintiffdecedent became
`
`irreversible and terminal; in negligently failing to take the necessary care and caution in
`
`prescribing narcotics, analgesics, anti-inflammatory medications and controlled
`
`substances to the plaintiffdecedent to prevent the injuries and death of the plaintiff
`
`decedent; in failing to use the proper, indicated and appropriate means, modes or
`
`procedures in prescribing narcotics, analgesics. anti-inflammatory medications and
`
`controlled substances to the plaintiff decedent and in preventing the plaintiff decedent
`
`from developing the fatal gastrointestinal hemorrhage of 5/] 2/10 due to gastric ulcers
`
`due to the negligent overprescribing ofthe aforementioned medications; in negligently
`
`failing to use the skill and judgment ordinarily exercised by physicians in defendant's
`
`specialty; in negligently failing to properly and adequately treat and care for the
`
`plaintifi at the time of her presentations from 10/15/98-5/10/10 to the defendant herein;
`
`that the treatment of the plaintiff by this defendant was in a manner contrary to the
`
`accepted standards of the medical community wherein the said treatment was received
`
`by the plaintiff; in failing to make sure or ascertain and properly and appropriately care
`
`for and render the appropriate medical care, treatment and prescribing ofmedications
`
`including narcotics, analgesics, anti-inflammatory medications and controlled
`
`substances to the plaintiff decedent; in negligently failing to ascertain and make sure to
`
`take the proper and adequate steps, modes, and procedures which would have prevented
`
`the injuries and damages herein; in negligently failing to make sure and ascertain to
`
`employ and use the proper means and precautions in caring for and treating the plaintifi'
`
`

`

`decedent herein including the prescribing narcotics, analgesics, anti-inflammatory
`
`medications and controlled substances to the plaintiff decedent and in negligently
`
`overprescribing same; in failing to use the required and necessary knowledge,
`
`education, qualifications, skill, training and experience ofothers practicing in
`
`defendant's specialty use; in negligently lulling the plaintiff decedent into a false sense
`
`of security that the treatment being rendered was proper and would cause no injury; in
`
`negligently failing to make sure and ascertain that the proper, appropriate, correct and
`
`indicated medical care and treatment was rendered to the plaintiff decedent during her
`
`course of treatment and presentations to the defendant herein up to and including
`
`5/10/10; in negligently failing to make sure and ascertain that the plaintiff was
`
`correctly, properly and appropriately cared for, and the appropriate, proper, correct and
`
`indicated medications and prescribing of same was made by the defendant herein; in
`
`negligently failing to make sure and ascertain that the treatment recommended and
`
`medications prescribed to the plaintilf decedent by the defendant herein was proper,
`
`adequate, correct and appropriate; in negligently prescribing narcotics, analgesics, anti-
`
`inflammatory medications and controlled substances to the plaintiffdecedent and
`
`thereby causing, permitting or allowing the injuries or conditions complained ofherein
`
`to occur, worsen and or progress thereby resulting in the premature demise of the
`
`plaintiff decedent from the condition ofa fatal gastrointestinal hemorrhage of 5/ 12/10
`
`due to gastric ulcers; in negligently failing to order, recommend, request, advise, take,
`
`perform, render or provide standard or accepted measures or precautions necessary and
`
`indicated, required or calculated to avoid or prevent the injuries, conditions and death
`
`of the plaintiff decedent complained of herein.
`
`

`

`. The defendants named herein. Any other such individuals are unknown to the plaintilf
`
`at this time. Pending further discovery, at this time the identity of any such person is
`
`known only to the defendant(s) named herein.
`
`. Annexed hereto is a copy of the Bill of Particulars as against codefendant
`
`MONTBFIORB MEDICAL CENTER-JACK D. WBILBR HOSPITAL.
`
`.
`
`Improper demand for bill of particulars as evidentiary in nature. See response 3 supra
`
`. See response supra.
`
`To be supplemented as applicable.
`
`(a-d). To be supplemented as applicable following defendant's Examination Before
`
`Trial.
`
`(e). Negligently prescribing narcotics, analgesics, anti-inflammatory medications and
`
`controlled substances to the plaintiffdecedent. See response 3 supra.
`
`(t). See response supra.
`
`(g). Ibuprofen, Naproxen, Endocet, Percocet, Oxycodone, Codeine/APAP.
`
`(h). See response supra. Multiple and repeated prescriptions given to the plaintiff
`
`decedent for the same medications during the same time period. Authorizations for First
`
`Aid Pharmacy, Inc., 921 East Tremont Avenue, Bronx, NY 10460, I.eroy’s Pharmacy,
`
`901 East Ttemont Avenue, Bronx, NY 10460, West Farms Pharmacy, 930-B East
`
`Tremont Avenue. Bronx, NY 10460 and Rite Aid Pltannacy, 1516-1518 Westchester
`
`Avenue, Bronx, NY 10472 annexed hereto.
`
`7 8
`
`0
`
`(i-n). Not applicable.
`
`10. Not applicable.
`
`1 l. Abdominal Pain
`
`Constipation
`
`Lower Back Pain Secondary to Constipation
`
`

`

`Conscious Pain and Suffering
`
`l-Iypotension
`
`Altered Mental Status
`
`Dizziness
`
`Gastrointestinal Bleeding
`
`Gastrointestinal Hemorrhage
`
`Gastrointestinal Ulceration
`
`Cardiac Arrest
`
`Asystole
`
`Death
`
`12. All injuries are permanent in nature.
`
`13. (a, b). Bedll-Iome: Intermittent fiom 512/] 0-5/12/lo.
`
`(c). ED presentations to codefendant on 5l2l10 and 5/12/10. Autltoriution for
`
`codefendant MONTBFIORE MEDICAL CENTER-JACK D. WBILBR HOSPITAL
`
`annexed hereto.
`
`14. (ad). Plaintiff has not been reimbursed in any respect by his health care insurance
`
`provider/carrier. All reimbursement madelprovided by Medicaid. Authorization for
`
`Medicaid ID# ""“'”°'=='.=!"annexed hereto.
`
`(e). Not applicable
`
`15. Not applicable.
`
`16. ‘E9
`
`17. 1010 East Tremont Avenue, Bronx, NY 10460.
`
`18. Not applicable.
`
`19. Not applicable.
`
`20. (a). Not applicable.
`
`

`

`(b). Codefendant. 5/2/10. See bill of particulars annexed hereto.
`
`21. -.-=—---
`
`22. (11). 10/15/98
`
`(b). 5/10/10
`
`23. (a). Codefendant herein. 5/2/10, 5/12/10. Authorization annexed hereto.
`
`(b). Not applicable.
`
`24. Not applicable. See response 14 supra.
`
`25. Not applicable.
`
`26. Son-Mother.
`
`27. (a). -'9--'
`
`(b). Felipe Ramos, Jr. (son), Armando Garcia (son).
`
`28. (a). See response 17 supra.
`
`(b). Not applicable.
`
`29. To be provided.
`
`30. (a). See response 21 supra.
`
`(b). Felipe Ramos, In: T‘
`
`Dated: Woodmere, New York
`July 23, 2012
`
`Yours, etc.
`
`SHEL
`
`
`
`
`SI-IELD N E. GREEN
`Attorney for Plaintiff
`566 Sunset Drive
`
`Woodmere, New York 11598
`516-569-3300
`
`To: Gordon & Silber, P.C.
`355 Lexington Avenue
`New York, NY 10017
`
`

`

`VERIFICATION
`
`STATE OF NEW YORK )
`
`COUNTY OF NASSAU )
`
`(ss.:
`
`SHELDON B. GREEN, an attorney duly admitted to practice in the State of New York
`
`affirms the following under the penalties of petj ury:
`
`I am the attorney for the plaintiflts) in the above entitled action.
`
`I have prepared and read the foregoing Bill ofParticulars and know the contents thereof
`
`and, upon information and belief, afflunant believes the matters alleged therein to be true.
`
`The neason this Verification is made by the affinnant and not by the plaintiff is that the
`
`plaintiff is not presently in the county wherein the attorney for the plaintiff has his
`
`offices.
`
`The source of aflin-nant‘s information and grounds ofhis belief are plaintiffs recent
`
`discovery, communications, papers, reports and investigations contained in the file.
`
`Dated: Woodmere, New York
`July 23, 2012
`
`SHELDON B. GREEN
`
`