FILED: WESTCHESTER COUNTY CLERK 03/15/2016 02:08 PM
`NYSCEF DOC. NO. 22
`RECEIVED NYSCEF: 03/15/2016
`
`INDEX NO. 69729/2015
`
`1 of 49
`
`
`NYSCEF DOC. NO. 22
`RECEIVED NYSCEF: 03/15/2016
`
`INDEX NO. 69729/2015
`
`1 of 49
`
`
`
`4. State with specificity the exact location of the alleged negligent acts and/or
`
`omissions charged against defendant hospital.
`
`5. Provide a statement of each and every act of negligence, commission or
`
`omission, which plaintiffs will claim is the basis of the alleged malpractice of the defendant
`
`hospital.
`
`6. State the names of each and every person who performed such acts of
`
`negligence or failed to act; if the names are not known, describe the physical appearance of such
`
`person with sufficient clarity for ready identification, and state the occupation of each such
`
`person.
`
`7. Provide a statement of the accepted medical practice, customs and medical
`
`standards which it will be claimed were violated and departed from by the defendant hospital.
`
`8. State the manner in which the defendant hospital departed from each of the
`
`above accepted medical practices, customs and standards.
`
`i 9. State whether or not any claim is to be made as to improper or defective
`
`equipment, and, if so, identify the equipment and state the defective condition.
`
`10. If the plaintiffs will claim that the defendant hospital ignored complaints,
`
`signs and symptoms; made an erroneous diagnosis; afforded improper treatment; administered
`
`improper and/or contra-indicated drugs; administered improper drugs and an incorrect dosage;
`
`failed to take or administer tests; or, improperly took and administered tests, state:
`
`a.
`
`b.
`
`The complaints, signs and symptoms that the defendant
`hospital ignored.
`
`In what respect the diagnosis was erroneous and incorrect;
`what the claimed correct diagnosis is; the point and time that
`the plaintiff will claim defendant should have made the correct
`diagnosis.
`
`1440700.1
`
`2of49
`2 of 49
`
`
`
`c.
`
`(1.
`
`e.
`
`f.
`
`g.
`
`The improper treatment that was afforded and in what manner the
`said treatment was improperly performed.
`
`The name of each and every improper and/or contra-indicated
`drugs.
`
`The name of each proper drug allegedly administered incorrectly,
`with the dosage that the plaintiff will claim was the correct dosage.
`
`The name and/or description of each and every test defendant
`failed to make or administer.
`
`The name of each and every test defendant improperly took or
`administered, and the manner in which the test was improperly
`taken or administered.
`
`1 1. State what laws of the State of New York or health code provisions were
`
`allegedly violated by defendant.
`
`12. Set forth the specific condition, injuries, or aggravations which will be
`
`claimed were sustained by the plaintiff by reason of the negligence or malpractice on the part of
`
`defendant.
`
`13. State the length of time plaintiff was confined to each of the following, solely
`
`by reason of the alleged negligence or malpractice of the defendant, setting forth the dates of
`
`confinement to each:
`
`a.
`
`b.
`
`c.
`
`Bed.
`
`House.
`
`Hospital(s) - setting forth the names and addresses
`and dates of confinement of each institution.
`
`14. State separately the total amount claimed by plaintiffs as special damages for
`
`each of the following:
`
`a.
`
`Physicians‘ services, including the name and address of each
`physician and the date services were rendered.
`
`A
`
`144o700.1
`
`3<>f49
`3 of 49
`
`
`
`b.
`
`0.
`
`(1.
`
`e.
`
`f.
`
`g.
`
`Dental services.
`
`Nurses’ services and the dates of such services.
`
`Medical supplies and place and date of purchase.
`
`Hospital expenses, with the amounts listed separately next to
`the name of each hospital.
`
`Loss of earnings, together with the name and address
`of the employer.
`
`Drugs, including the name and address of the pharmacist by
`whom they were dispensed and the date of dispensing.
`
`15. Pursuant to CPLR 4545 identify all providers of any collateral source
`
`payment for medical care and/or for disability such as insurance, social security, worker's
`
`compensation or employee benefit programs. For each collateral source provider identify the
`
`limits of coverage available to the plaintiff. Provide the address and claim number for each
`
`collateral source provider.
`
`16. State the occupation of the plaintiff. If employed, set forth the name and
`
`address of the employer. If a student, set forth the name and address of the school. If it will be
`
`claimed that any time was lost from work or school as a result of the negligence or malpractice
`
`of defendant hospital, set forth the amount of time that will be claimed to have been lost and the
`
`inclusive dates of same.
`
`17. State whether the plaintiff will claim any impairment of earning capacity or
`
`loss of fiiture earnings as a result of injuries allegedly sustained in the complaint. If so, state:
`
`a.
`
`b.
`
`The amount claimed as damages and the methods of computing
`this amount.
`'
`
`The facts upon which such claim is based.
`
`18. State the physical and mental condition of the plaintiff when defendant
`
`hospital first saw plaintiff in a professional capacity with respect to the matters alleged in the
`
`l440700.l
`
`4of49
`4 of 49
`
`
`
`complaint. If such person was in all respects in good health at the time, so state specifically. If
`
`not, set forth a condition or conditions from which such person was then suffering, including
`
`each and every symptom of which such persons complained of at the time.
`
`19. If the plaintiff was treated at a hospital other than defendant hospital for the
`
`aforesaid condition or conditions enumerated in the preceding paragraph prior to the time alleged
`
`in the complaint, state the name and address of such other hospital and/or doctors that provided
`
`care or treatment for the aforesaid condition or conditions, including the dates of attendance and
`
`receipt of medical care.
`
`20. If it will be claimed that the defendant hospital performed or undertook any
`
`part of the treatment without the patients informed consent, set forth the following:
`
`3..
`
`The risks of the procedure and/or treatment known to the
`patient before it was performed.
`
`The information concerning the risks imparted to the patient
`by the defendant.
`
`The information concerning the risks imparted to the patient
`by others.
`
`Any assurances provided to the defendant or others by the patient
`regardless of the risks or that the patient did not want to be
`informed of the risks by the defendant.
`
`The circumstances making it reasonably possible for the defendant
`to obtain consent by or on behalf of the patient.
`
`Any additional information which the defendant should have
`provided the patient concerning the procedure and/or treatment.
`
`21. If it will be claimed that the defendant should have taken, or caused to be
`
`taken, any x-rays of the plaintiff, set forth:
`
`a.
`
`The nature of the X-rays which it will be claimed should have
`been taken.
`
`1440700.]
`
`5<>f49
`5 of 49
`
`
`
`b.
`
`0.
`
`The dates when the x-rays should have been taken.
`
`What condition or conditions would have been revealed by the
`taking of the aforesaid X-rays on each and every aforesaid date.
`
`22. State the ground upon which plaintiffs claim that this action exceeds the
`
`jurisdictional limits of the Civil Court of the City of New York and entitled plaintiff to bring this
`
`action in the Supreme Court of the State of New York.
`
`23. State each and every act of negligence, commission or omission, which
`
`plaintiffs will claim was the basis of the alleged malpractice and negligence of each and every
`
`co-defendant in this action.
`
`I 24. State the social security number of plaintiff.
`
`Dated: White Plains, New York
`
`March 14, 2016
`
`Yours, etc.
`
`HEIDELL, PITTONI U HY & BA H, LLP
`
`7/
` By:
`
`Brendan J. Alt, Esq.
`Attorneys for Defendants
`WESTCHESTER COUNTY HEALTH
`
`CARE CORPORATION s/h/a
`
`“WESTCHESTER COUNTY
`
`HEALTHCARE CORPORATION
`
`(MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL
`
`CENTER)
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`(914) 559-3100
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`(914) 559-3100
`
`14-40700.1
`
`6of49
`6 of 49
`
`
`
`TO:
`
`KRAMER, DILLOF, LIVINGSTON & MOORE
`Attorneys for Plaintiff
`217 Broadway
`New York, New York 10007
`(212) 267-4177
`
`FBLDMAN, KLEIDMAN, COFFEY, SAPPE
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`995 Main Street, P.0. Box A
`Fishkill, NY 12524
`
`O’CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON,
`WATSON & LOFTUS, LLP
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`
`One Barker Avenue, Suite 675
`
`White Plains, New York 10601
`
`14407001
`
`7of49
`7 of 49
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF WESTCHESTER
`___________________________________________________________________________X
`
`CHRISTINE COSTOSO-MILLER, As Administratrix
`Of the Estate of ROBERT MILLER, Deceased, and
`CHRISTINE COSTOSO-MILLER, Individually,
`
`Index No.: 69729/2015
`
`Plaintiff,
`
`DEMAND FOR
`BILL OF PARTICULARS
`
`- against-
`
`WESTCHESTER COUNTY HEALTHCARE
`
`CORPORATION (MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL CENTER),
`WILLIAM BARRICK, M.D., ORTHOPEDIC ASSOCIATES
`OF DUTCHESS COUNTY, P.C., FAIZAN ARSHAD, M.D.,
`
`And LORETTA OBI, M.D.,
`
`PLEASE TAKE NOTICE that, pursuant to Rule 3041 e_t §_e_q,, of the Civil Practice
`
`Law and Rules, Plaintiff is hereby required to serve upon HEIDELL, PITTONI, MURPHY &
`
`BACH, LLP, attorneys for the defendant LORETTA OBI, M.D., within twenty (20) days after
`
`service of a copy of this demand, a verified bill of particulars of the complaint, setting forth in
`
`detail the following:
`
`1. The manner and respect in which it is claimed that the defendant was
`
`negligent, careless and unskillful.
`
`2. a. The dates on which defendant rendered services.
`
`b. The dates and times of the day each alleged act of negligence
`of defendant occurred.
`
`c. The place or places where services were rendered by defendant.
`
`14916l8.1
`
`8of49
`8 of 49
`
`
`
`3. The nature, location, extent and duration of each injury which it will be
`
`claimed was caused by the negligence of the defendant. If any injuries are claimed to be
`
`permanent, so state.
`
`4. If it will be claimed the aforesaid injuries necessitated any hospitalizations or
`
`treatment at other institutions, set forth the following:
`
`a.
`
`The names and addresses of each hospital or institution with
`the dates of confinement or outpatient treatment.
`
`5. If it will be claimed that the aforesaid injuries necessitated treatment by any
`
`physicians, set forth the names and addresses of each physician and the dates of treatment or
`
`visits.
`
`6. 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.
`
`7. Set forth the following:
`
`a.
`
`b.
`
`c.
`
`d.
`
`The name and address of plaintiffs employer at the time of
`the alleged negligence.
`
`The capacity in which plaintiff was then employed.
`
`The name and address of plaintiffs present employer, if any.
`
`The capacity in which plaintiff is presently employed.
`
`8. If loss of earnings is claimed as a result of the alleged negligence, set forth the
`
`a.
`
`b.
`
`Plaintiffs earnings for the last full year prior to the alleged
`negligence.
`
`The last date plaintiff worked prior to the alleged negligence.
`
`9of49
`9 of 49
`
`following:
`
`149161 8.1
`
`
`
`c.
`
`d.
`
`e.
`
`The loss of earnings claimed to date.
`
`The total amount of lost earnings which will be claimed.
`
`The dates which plaintiff claims to have been absent from work.
`
`9. If plaintiff was a student at the time of the injury, set forth:
`
`a.
`
`b.
`
`c.
`
`The name and address of the school.
`
`The class or year at the time of the injury.
`
`The dates of absence due to the claimed injuries.
`
`10. If any special damages are claimed as a result of the alleged malpractice, set
`
`forth the following:
`
`a.
`
`b.
`
`c.
`
`(1.
`
`c.
`
`The charges for the above named hospitals, listing each
`hospital separately.
`
`Physicians‘ charges.
`
`Charges for medicine, itemizing the medicines charged for.
`
`Charges for nursing services.
`
`Other.
`
`11. Pursuant to CPLR 4545 identify all providers of any collateral source
`
`payment for medical care and/or for disability such as insurance, social security, worker‘s
`
`compensation or employee benefit programs. For each collateral source provider identify the
`
`limits of coverage available to the plaintiff. Provide the address and claim number for each
`
`collateral source provider.
`
`12. As to any claims that the defendant rendered treatment without the patient's
`
`informed consent, state:
`
`a.
`
`‘Whether the patient signed a Written consent authorizing
`the treatment rendered by defendant and, if so, the date
`
`l49]618J
`
`10 of 49
`10 of 49
`
`
`
`b.
`
`c.
`
`(1.
`
`e.
`
`f.
`
`g.
`
`h.
`
`and place of signing.
`
`What risks of the procedure or treatment were known
`to the patient before it was performed.
`
`What information concerning the risks was imparted to
`the patient by the defendant.
`
`What information concerning the risks was imparted to
`the patient by other physicians or through other sources.
`
`Whether any assurances were given by the patient that
`regardless of the risks, he/she would undergo the treatment
`or procedure.
`
`Whether the patient indicated he/she did not want to be
`informed of risks.
`
`The circumstances making it reasonably possible for the
`defendant to obtain consent by or on behalf of the patient.
`
`What additional information, if any, plaintiff claims the
`defendant should have provided the patient concerning
`the procedure and/or treatment.
`
`i.
`
`Whether defendant's treatment was rendered in the course
`
`of an emergency.
`
`13. If it is claimed that any negligence or malpractice occurred prior to treatment
`
`by the defendant, set forth the names of the persons responsible therefor and specify what acts or
`
`omissions constituted negligence.
`
`14. If it is claimed that any negligence or malpractice occurred subsequent to the
`
`treatment by the defendant, set forth the names of the persons responsible therefor and specify
`
`what acts or omissions constituted negligence.
`
`15. Set forth the patient's residence address at the time of the commencement of
`
`this action, and for five years prior thereto.
`
`16. Set forth the patient's date of birth and social security number.
`
`149l6l8J
`
`ll of 49
`11 of 49
`
`
`
`17. Set forth any other names by which the patient has been known and the dates
`
`of usage of any such other names.
`
`Dated: White Plains, New York
`March 14, 2016
`
`Yours, etc.
`
`HEIDELL, PITTONI, MURPHY & B CH, LLP
`
`
`
`Brenlelan J. Alt, Esq.
`Attorneys for Defendants
`WESTCHESTER COUNTY HEALTH CARE
`
`CORPORATION sfh/a “WESTCHESTER
`
`COUNTY HEALTHCARE CORPORATION
`
`(MIDHUDSON REGIONAL HOSPITAL OF
`WESTCHESTER COUNTY MEDICAL
`
`CENTER)
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`
`(914) 559-3100
`
`TO:
`
`KRAMER, DILLOF, LIVINGSTON & MOORE
`Attorneys for Plaintiff
`217 Broadway
`New York, New York 10007
`(212) 267-4177
`
`FELDMAN, KLEIDMAN, COFFEY, SAPPE
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`
`995 Main Street, P.O. Box A
`Fishkill, NY 12524
`
`O’_CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON,
`WATSON & LOFTUS, LLP
`
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`One Barker Avenue, Suite 675
`White Plains, New York 10601
`
`14916l8J
`
`12 of 49
`12 of 49
`
`
`
`FELDMAN, KLEIDMAN, COFFEY, SAPPE
`
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`
`995 Main Street, P.O. Box A
`
`Fishkill, NY 12524
`
`O’CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON,
`WATSON & LOFTUS, LLP
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`One Barker Avenue, Suite 675
`White Plains, New York 10601
`
`14407001
`
`13 of 49
`13 of 49
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF WESTCI-IESTER
`___________________________________________________________________________X
`
`CHRISTINE COSTOSO-MILLER, As Administratrix
`Of the Estate of ROBERT MILLER, Deceased, and
`CHRISTINE COSTOSO-MILLER, Individually,
`
`Plaintiff,
`
`- against -
`
`WESTCHESTER COUNTY HEALTHCARE
`
`CORPORATION (MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL CENTER),
`WILLIAM BARRICK, M.D., ORTHOPEDIC ASSOCIATES
`OF DUTCHESS COUNTY, P.C., FAIZAN ARSHAD, M.D.,
`
`And LORETTA OBI, M.D.,
`
`_________________________________________________________________________-_X
`
`COUNSELORS:
`
`Defendant.
`
`Index No.: 69729/2015
`
`DEMAND FOR
`DISCLOSURE OF
`
`MEDICARE
`BENEFITS/ELIGIBILITY
`
`PLEASE TAKE NOTICE that demand is hereby made that plaintiff(s) provide the
`
`following information pursuant to 42 U.S.C. Section l395y(b)(8)(A):
`
`1. Have plaintiffs been the recipients of Medicare benefits?
`
`2. Are plaintiffs currently the recipients of Medicare benefits‘?
`
`3.
`
`If plaintiffs have or are currently receiving Medicare benefits, please provide the following:
`
`a.
`
`b.
`
`c.
`
`(1.
`
`State the full names under which plaintiffs werefare receiving Medicare benefits.
`
`State plaintiffs’ full addresses, including city, state and zip code.
`
`Plaintiffs’ telephone numbers.
`
`Plaintiffs’ e-mail addresses.
`
`e.
`
`Plaintiffs date of birth.
`
`f.
`
`Plaintiffs’ social security numbers.
`
`g.
`
`Plaintiffs’ Medicare beneficiary numbers (I-HCNS).
`
`4.
`
`If plaintiffs have not received Medicare benefits in the past or are not receiving Medicare
`
`14407001
`
`14 of 49
`14 of 49
`
`
`
`benefits now, state whether plaintiffs are eligible to receive Medicare benefits.
`
`5.
`
`If plaintiffs have been receiving Medicare benefits and are now deceased, please provide the
`
`following:
`
`a.
`
`Relationship of the administrator of plaintiffs estate to plaintiffs decedent.
`
`b. Name and address of Plaintiffs administrator.
`
`c.
`
`d.
`
`Telephone number and/or e-mail address of plaintiffs administrator.
`
`Social Security Number of plaintiffs administrator
`
`PLEASE TAKE FURTHER NOTICE, that failure to comply with this Demand for
`
`Disclosure of Medicare Benefits/Eligibility may result in the necessity of a motion to compel
`
`discovery accompanied by a request for the appropriate costs.
`
`Dated: White Plains, New York
`March 14, 2016
`
`Yours, etc.
`
`
`I-IEIDELL, PI
`
`
`B endan J. Alt, Esq.
`Attorneys for Defendants
`WESTCHESTER COUNTY HEALTH
`
`ACH, LLP
`
`CARE CORPORATION s/h/a
`
`“WESTCHESTER COUNTY
`
`HEALTHCARE CORPORATION
`
`(MIDI-IUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL
`
`CENTER) and LORETTA OBI, MD.
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`(914) 559-3100
`
`TO:
`
`KRAMER, DILLOF, LIVINGSTON & MOORE
`Attorneys for Plaintiff
`217 Broadway
`New York, New York 10007
`(212) 267-4177
`
`14407001
`
`15 of 49
`15 of 49
`
`
`
`FELDMAN, KLEIDMAN, COFFEY, SAIPPE
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`995 Main Street, PO. Box A
`Fishkill, NY 12524
`
`O’CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON,
`
`WATSON & LOFTUS, LLP
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`One Barker Avenue, Suite 675
`White Plains, New York 10601
`
`14407001
`
`16 of 49
`16 of 49
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`
`COUNTY OF WESTCHESTER
`___________________________________________________________________________X
`
`CHRISTINE COSTOSO-MILLER, As Administratrix
`Of tl1e Estate of ROBERT MILLER, Deceased, and
`CHRISTINE COSTOSO-MILLER, Individually,
`
`Plaintiffi
`
`- against -
`
`WESTCHESTER COUNTY HEALTHCARE
`
`CORPORATION (MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL CENTER),
`WILLIAM BARRICK, M.D., ORTHOPEDIC ASSOCIATES
`OF DUTCHESS COUNTY, P.C., FAIZAN ARSHAD, M.D.,
`And LORETTA OBI, M.D.,
`
`Index No.: 69729/2015
`
`DEMAND FOR
`EXPERT WITNESS
`
`DISCLOSURE
`
`PLEASE TAKE NOTICE that, pursuant to CPLR §310l(d)(1)(i), Thomas V.
`
`Alleyne, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dep’t 2002), Muniz V. Our Lady 0fMercy
`
`Medical Center, 2003 NY Slip Op 509l0U; 2003 N.Y. Misc. LEXIS 617 (Sup. Ct. Bx. Cty. May
`
`7, 2003), and Scher V. St—Lukes-Roosevelt Hospital, N.Y.L.J. Jan. 28, 2003, at 18, col. 4 (Sup.
`
`Ct. New York Cty.), HEIDELL, PITTONI, MURPHY & BACH, LLP, as attorneys for defendant
`
`WESTCHESTER COUNTY HEALTH CARE CORPORATION s/h/a “WESTCHESTER
`
`COUNTY HEALTHCARE CORPORATION (MIDHUDSON REGIONAL HOSPITAL OF
`
`WESTCHESTER COUNTY MEDICAL CENTER), hereby demands that you disclose, within
`
`20 days of receipt of this demand, the following:
`
`1.
`
`2.
`
`The identity of each expert whom you expect to call as a witness at trial.
`
`The qualifications, in reasonable detail, of each expert, including
`
`a.
`
`educational background, including
`
`1440700J
`
`17 of 49
`17 of 49
`
`
`
`The undergraduate school(s) attended by such expert(s),
`with year of graduation;
`
`The medical school(s) attended by such expert with year of
`graduation;
`
`iii.
`
`iv.
`
`V.
`
`internship(s) with dates of attendance;
`
`residency(ies), with dates of attendance;
`
`fellowship(s), with years of attendance;
`
`publications, including
`
`i.
`
`The title of any text authored, contributed to, or edited by
`the expert(s), with appropriate citation, including
`
`(1)
`
`Name of publication;
`
`(2)
`
`(3)
`
`Volume number;
`
`Date or other appropriate identifying matter;
`
`memberships in professional organizations and societies;
`
`board certifications, including
`
`i.
`
`ii.
`
`The name of the certifying board, and
`
`The year of the certification;
`
`medical license(s)', all, state and foreign;
`
`areas of specialty and subspecialty practice;
`
`employers, past and present;
`
`hospital affiliations, past and present;
`
`academic appointments, past and present;
`
`total number and frequency each year expert treats the condition at
`issue and last occasion expert treated the medical condition or
`conditions at issue;
`
`1440700J
`
`18 of 49
`18 of 49
`
`
`
`k.
`
`1.
`
`total number and frequency each year expert is deemed qualified to
`offer opinion testimony during legal proceedings and last occasion
`expert was deemed so qualified;
`
`total number and frequency each year expert is deemed qualified to
`offer opinion testimony during legal proceedings, and last occasion
`expert was deemed so qualified, regarding the medical condition or
`conditions and theory or theories of causation at issue.
`
`3.
`
`The subject matter, in reasonable detail, upon which each expert is
`
`expected to testify.
`
`4.
`
`The substance, in reasonable detail, of the opinions and conclusions to
`
`which each expert is expected to testify.
`
`5.
`
`A summary, in reasonable detail, of the grounds for each expert's opinion,
`
`including:
`
`a.
`
`b.
`
`c.
`
`a summary of the facts upon which the expert will rely in
`formulating his/her opinions and conclusions;
`
`the source or sources of the expert's knowledge concerning such
`facts, including, but not limited to, records, reports, statistics,
`studies, surveys, test results, analyses, models, photographs; and
`
`all other documents, materials, or oral communications relied upon
`by the expert which provide the basis for his/her opinions.
`
`PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand,
`
`and objection will be taken and an order of preclusion sought regarding the expert opinion
`
`testimony of any Witness not identified as demanded herein.
`
`Dated: White Plains, New York
`
`March 14, 2016
`
`Yours, etc.
`
`
`
`l440700J
`
`19 of 49
`19 of 49
`
`
`
`Attorneys for Defendants
`WESTCHESTER COUNTY HEALTH
`
`CARE CORPORATION s/h/a
`
`“WESTCHESTER COUNTY
`HEALTHCARE CORPORATION
`
`(MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL
`
`CENTER) and LORETTA OBI, M.D.
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`(914) 559-3100
`
`TO:
`
`KRAMER, DILLOF, LIVINGSTON & MOORE
`Attorneys for Plaintiff
`217 Broadway
`New York, New York 10007
`
`(212) 267-4177
`
`FELDMAN, KLEIDMAN, COFFEY, SAPPE
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`995 Main Street, P.O. Box A
`
`Fishki11,NY 12524
`
`O’CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON,
`WATSON & LOFTUS, LLP
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`
`One Barker Avenue, Suite 675
`
`White Plains, New York 10601
`
`14407001
`
`20 of 49
`20 of 49
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`
`___________________________________________________________________________X
`
`CHRISTINE COSTOSO-MILLER, As Adrninistratrix
`Of the Estate of ROBERT MILLER, Deceased, and
`CHRISTINE COSTOSO-MILLER, Individually,
`
`Plaintiff,
`
`- against -
`
`Index No.: 69729/2015
`
`DEMAND FOR
`EXPERT WITNESS
`
`I
`
`DISCLOSURE
`
`WESTCHESTER COUNTY HEALTHCARE
`
`CORPORATION (MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL CENTER),
`WILLIAM BARRICK, M.D., ORTHOPEDIC ASSOCIATES
`OF DUTCHESS COUNTY, P.C., FAIZAN ARSI-IAD, M.D.,
`And LORETTA OBI, M.D.,
`
`PLEASE TAKE NOTICE that, pursuant to CPLR §3101(d)(1)(i), Thomas v.
`
`M, 302 A.D.2d 36, 752 N.Y.S.2d 362 (2d Dep’t 2002), Muniz V. Our Lady ofMercy
`
`Medical Center, 2003 NY Slip Op 50910U; 2003 N.Y. Misc. LEXIS 617 (Sup. Ct. Bx. Cty. May
`
`7, 2003), and Scher V. St-Lukes-Roosevelt Hospital, N.Y.L.J. Jan. 28, 2003, at 18, col. 4 (Sup.
`
`Ct. New York Cty.), HEIDELL, PITTONI, MURPHY & BACH, LLP, as attorneys for defendant
`
`LORETTA OBI, M.D., hereby demands that you disclose, within 20 days of receipt of this
`
`demand, the following:
`
`1.
`
`2.
`
`The identity of each expert whom you expect to call as a witness at trial.
`
`The qualifications, in reasonable detail, of each expert, including
`
`a.
`
`educational background, including
`
`i.
`
`ii.
`
`The undergraduate schoo1(s) attended by such expert(s),
`with year of graduation;
`
`The medical schoo1(s) attended by such expert with year of
`graduation;
`
`1440700J
`
`21 of 49
`21 of 49
`
`
`
`iii.
`
`iv.
`
`internship(s) with dates of attendance;
`
`residency(ies), with dates of attendance;
`
`V.
`
`fellowship(s), with years of attendance;
`
`publications, including
`
`i.
`
`The title of any text authored, contributed to, or edited by
`the eXpert(s), with appropriate citation, including
`
`(1)
`
`Name of publication;
`
`(2)
`
`Volume number;
`
`(3)
`
`Date or other appropriate identifying matter;
`
`memberships in professional organizations and societies;
`
`board certifications, including
`
`i.
`
`ii.
`
`The name of the certifying board, and
`
`The year of the certification;
`
`medical 1icense(s), all, state and foreign;
`
`areas of specialty and subspecialty practice;
`
`employers, past and present;
`
`hospital affiliations, past and present;
`
`academic appointments, past and present;
`
`total number and frequency each year expert treats the condition at
`issue and last occasion expert treated the medical condition or
`conditions at issue;
`
`total number and frequency each year expert is deemed qualified to
`offer opinion testimony during legal proceedings and last occasion
`expert was deemed so qualified;
`
`total number and frequency each year expert is deemed qualified to
`offer opinion testimony during legal proceedings, and last occasion
`
`14407001
`
`22 of 49
`22 of 49
`
`
`
`expert was deemed so qualified, regarding the medical condition or
`conditions and theory or theories of causation at issue.
`
`3.
`
`The subject matter, in reasonable detail, upon which each expert is
`
`expected to testify.
`
`4.
`
`The substance, in reasonable detail, of the opinions and conclusions to
`
`which each expert is expected to testify.
`
`5.
`
`A summary, in reasonable detail, of the grounds for each expert's opinion,
`
`including:
`
`a.
`
`b.
`
`c.
`
`a summary of the facts upon which the expert will rely in
`formulating his/her opinions and conclusions;
`
`the source or sources of the expert's knowledge concerning such
`facts, including, but not limited to, records, reports, statistics,
`studies, surveys, test results, analyses, models, photographs; and
`
`all other documents, materials, or oral communications relied upon
`by the expert which provide the basis for his/her opinions.
`
`PLEASE TAKE FURTHER NOTICE that this demand is a continuing demand,
`
`and objection will be taken and an order of preclusion sought regarding the expert opinion
`
`testimony of any witness not identified as demanded herein.
`
`Dated: White Plains, New York
`
`March 14, 2016
`
`
`
`HEIDELL, PIT
`
`HY BACH, LLP
`
`Brendan J. Alt, Esq.
`Attorneys for Defendants
`WESTCHESTER COUNTY HEALTH
`
`CARE CORPORATION s/l1/a
`
`“WESTCHESTER COUNTY
`
`HEALTHCARE CORPORATION
`
`(MIDHUD SON REGIONAL HOSPITAL
`
`l440700J
`
`23 of 49
`23 of 49
`
`
`
`OF WESTCHESTER COUNTY MEDICAL
`
`CENTER) and LORETTA OBI, M.D.
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`(914) 559-3100
`
`TO:
`
`KRAMER, DILLOF, LIVINGSTON & MOORE
`Attorneys for Plaintiff
`217 Broadway
`New York, New York 10007
`(212) 267-4177
`
`FELDMAN, KLEIDMAN, COFFEY, SAPPE
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`995 Main Street, P.O. Box A
`Fishkill, NY 12524
`
`O’CONNOR, McGUINNESS, CONTE, DOYLE, OLESON,
`
`WATSON & LOFTUS, LLP
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`
`One Barker Avenue, Suite 675
`
`White Plains, New York 10601
`
`14407001
`
`24 of 49
`24 of 49
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`___________________________________________________________________________X
`
`CHRISTINE COSTOSO—MILLER, As Administratrix
`
`Of the Estate of ROBERT MILLER, Deceased, and
`CHRISTINE COSTOSO-MILLER, Individually,
`
`Plaintiff,
`
`- against -
`
`WESTCHESTER COUNTY HBALTHCARE
`
`CORPORATION (MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL CENTER),
`WILLIAM BARRICK, M.D., ORTHOPEDIC ASSOCIATES
`OF DUTCHESS COUNTY, P.C., FAIZAN ARSI-IAD, M.D.,
`And LORETTA OBI, M.D.,
`
`Index No.: 69729/2015
`
`NOTICE TO PRODUCE
`AUTHORIZATIONS
`
`PLEASE TAKE NOTICE, that we request that on April 14, 2016, at 10:00 a.m.,
`
`you produce at our office:
`
`.
`
`(1)
`
`(2)
`
`(3)
`
`Pursuant to CPLR 3121, duly executed authorizations to enable the
`undersigned to obtain copies of relevant records, including X—rays,
`of hospitals and physicians from whom plaintiff received care and
`treatment at the time of the alleged malpractice and prior and subsequent
`thereto.
`
`Pursuant to CPLR Section 4546, a duly executed written original
`authorization on IRS Form 4506, to enable the undersigned to
`obtain copies of income tax records of the plaintiffs for five years prior to
`the date of the alleged malpractice and for all years in which income tax
`returns have been filed subsequent to the date of the alleged malpractice.
`
`Pursuant to CPLR 3121, duly executed authorizations to enable the
`undersigned to obtain copies of any and all records referable to the
`plaintiff maintained by any and all collateral source payors and
`other health care cost payors and reimbursers.
`
`PLEASE TAKE FURTHER NOTICE, that the foregoing demand is a
`
`continuing demand, and that any failure to comply fully and completely with this demand at
`
`present, or in a timely fashion throughout the duration of this litigation as responsive information
`
`14407001
`
`25 of 49
`25 of 49
`
`
`
`subsequently becomes known or available to plaintiff and/or plaintiffs counsel, will be deemed
`
`the basis for a motion to preclude plaintiff from adducing evidence at trial in support of
`
`plaintiff’ s claims herein.
`
`In lieu of a personal appearance to produce the requested authorizations, it will be
`
`accepted that they be mailed to us provided that they are received not later than April 14, 2016.
`
`Dated: White Plains, New York
`
`March 14, 2016
`
`Yours, etc.
`
`HEIDELL, PITTO , M RPHY & BACH, LLP
`
`
`
`Brenli/an J. Alt, Esq.
`Attorneys for Defendants
`WESTCHESTER COUNTY HEALTH
`
`CARE CORPORATION s/h/a
`“WESTCHESTER COUNTY
`
`HEALTHCARE CORPORATION
`
`(MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL
`
`CENTER) and LORETTA OBI, M.D.
`Office & P.O. Address
`
`81 Main Street, Ste. 112
`White Plains, New York 10601
`(914) 559-3100
`
`TO:
`
`KRAMER, DILLOF, LIVINGSTON & MOORE
`Attorneys for Plaintiff
`217 Broadway
`New York, New York 10007
`
`(212) 267-4177
`
`FELDMAN, KLEIDMAN, COFFEY, SAPPE
`& REGINBAUM, L.L.P.
`Attorneys for Defendant
`WILLIAM BARRICK, M.D.
`995 Main Street, P.O. Box A
`
`Fishkill, NY 12524
`
`l440700J
`
`26 of 49
`26 of 49
`
`
`
`O’CONNOR, MCGUINNESS, CONTE, DOYLE, OLESON,
`WATSON & LOFTUS, LLP
`
`Attorneys for Defendant
`FAIZAN ARSHAD, M.D.
`One Barker Avenue, Suite 675
`White Plains, New York 10601
`
`1440700J
`
`27 of 49
`27 of 49
`
`
`
`SUPREME COURT OF THE STATE OF NEW YORK
`COUNTY OF WESTCHESTER
`___________________________________________________________________________X
`
`CHRISTINE COSTOSO-MILLER, As Administratrix
`
`Of the Estate of ROBERT MILLER, Deceased, and
`CHRISTINE COSTOSO-MILLER, Individually,
`
`Index No.: 69729/2015
`
`- against-
`
`Plaintiff,
`
`CPLR 4545 DEMAND
`
`WESTCHESTER COUNTY HEALTHCARE
`
`CORPORATION (MIDHUDSON REGIONAL HOSPITAL
`OF WESTCHESTER COUNTY MEDICAL CENTER),
`WILLIAM BARRICK, M.D., ORTHOPEDIC ASSOCIATES
`OF DUTCHESS COUNTY, P.C., FAIZAN ARSI-IAD, M.D.,
`And LORETTA OBI, M.D.,
`
`Defendant.
`___________________________________________________________________________X
`
`PLEASE TAKE NOTICE, that pursuant to Section 4545 of the CPLR,
`
`defendants WESTCHESTER COUNTY HEALTH CARE CORPORATION s/h/a
`
`“WESTCHESTER COUNTY HEALTI-ICARE CORPORATION (MIDHUDSON REGIONAL
`
`HOSPITAL OF WESTCHESTER COUNTY MEDICAL CENTER) and LORETTA OBI, M.D.,
`
`demand that on or about April 14, 2016, plaintiff serve a verified statement, setting forth:
`
`1.
`
`Whether plaintiff has been reimbursed or indemnified for economic loss
`
`claimed in this action from any collateral source:
`
`a.
`
`b.
`
`If the answer to the foregoing is in the affirmative, state for which
`such claims plaintiff has received payment, the amount th
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
