THE JURY  AWARDED LAURA  DE ROSA $980,000 NOVEMBER 3, 1995

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER _________________________________________X

LAURA DE ROSA,

Plaintiff, Index No. 01546/92

-against

STEVEN KAALI and WOMEN•8 MEDICAL VERIFIED BILL OF

PAVILION, PARTICULARS

Defendants.

Plaintiff, by her attorneys, IROM, WITTELS & FREUND, P.C., as and for her bill of particulars, alleges and shows as follows:

1. The plaintiff, LAURA DE ROSA, was born on the 5th day of April, 1948.

2. The plaintiff's social security number is 119 42 6982. 3. That plaintiff's residence, both at the time of the occurrence herein and at the present time, is No. 2 Sadore Lane, Yonkers, New York 10710.

4(a) LAURA CASTILLO; (b) LAURA DE ROSA;

(c,) LAURA CASTILLO from April 5, 1948 until March 7, 1971; and LAURA DE ROSA from March 7, 1971 to date.

5(a) The defendant, STEVEN KAALI, both on his behalf and on behalf of the defendant, WOMEN•8 MEDICAL PAVILION, rendered medical care and treatment to the plaintiff, LAURA DE ROSA, on the 9th day of March, 1991; on the 11th day of March, 1991 - on which date although no examination was conducted of the plaintiff, the defendant, STEVEN KAALI, observed the plaintiff while she was in a

motor vehicle; thereafter commencing with the 11th day of March, 1991 until and including the 25th day of March, 1991 - although not examined by the defendant, STEVEN KAALI she was observed by the defendant, STEVEN KAALI daily during that period; and in addition thereto, on the 11th day of March, 1991, on which date the defendant, STEVEN KAALI rendered medical care and treatment to the plaintiff;

(b) March 9, 1991 at 88 Ashford Avenue, Dobbs Ferry, New York 10522; and thereafter on the 11th day of March, 1991 in the parking lot at 88 Ashford Avenue, Dobbs Ferry, New York 10522; and thereafter from the 11th day of March, 1991 until the 25th day of March, 1991 at the Community Hospital at Dobbs Ferry, 128 Ashford Avenue, Dobbs Ferry, New York 10522.

6. The defendant, STEVEN KAALI both on his behalf and on behalf of the defendant, WOMEN'S MEDICAL PAVILION, consented to perform a laparoscopic tubal ligation upon the plaintiff, LAURA DE ROSA.

7(a) That the aforementioned medical services, care and treatment rendered by the defendant, STEVEN KAALI individually, and/or on behalf of defendant, Women's MEDICAL PAVILION, were rendered in such a careless, reckless and negligent manner so as to constitute medical malpractice, in that said medical services, care and treatment (i.e., the performing of laparoscopic tubal sterilization) upon the person of the plaintiff, were rendered in such a careless, reckless, negligent and improper manner so as to constitute a departure from the usual accepted practice and skill ordinarily practiced by physicians in the community at that time; in that the defendant, STEVEN KAALI, individually, and/or on behalf of

defendant, Women's MEDICAL PAVILION, were further careless, reckless and negligent in failing to act in a prudent fashion under all of

the circumstances as presented herein, in that said defendants were further careless, reckless and negligent in completely disregarding

the health and welfare of the plaintiff, then under their control, as a consequence, in that said defendants were further careless,

reckless and negligent while performing the aforementioned laparoscopic tuba' sterilization in perforating of the intestine with the trochar of the laparoscope (into the lumen of the small intestine while performing the aforementioned laparotomy) and which was a violation (i.e., departure) from the usual applicable standard of care and accepted practice and skill ordinarily practiced by physicians in the community at that time; in that said defendant, STEVEN KAALI, and/or defendant, WOMEN's MEDICAL PAVILION, were further careless, reckless and negligent in failing, omitting and neglecting^' to recognize the aforementioned perforation of the intestine (with the trochar of the laparoscope) and which constituted a departure (i.e., violation) from the usual applicable standard of care and accepted practice and skill ordinarily practiced by physicians in the community at that time, and that as a direct result of the aforementioned departures (i.e., violations) of the applicable standard of care and accepted practice and skill ordinarily practiced by physicians in the community at that time, the plaintiff became ill and required a major surgical procedure to

be performed upon the person of the plaintiff,

defendants were further careless, reckless and negligent in failing, omitting and neglecting to advise the plaintiff of the lack of qualifications, specialized skills, capabilities, experience, techniques and knowledge (i.e., of the defendant, STEVEN KAALI), to render such medical services, care and treatment (i.e., the performing of laparoscopic tubal sterilization upon the person of the plaintiff), and as a result thereof, said plaintiff accepted defendant, STEVEN KAALI, as established, capable, experienced, qualified, skillful and having sufficient knowledge to render such medical services, care and treatment to the plaintiff; in that said defendants were further careless, reckless and negligent in failing,

omitting and neglecting to properly consult with physicians having the ability and experience to perform laparoscopic tubal sterilization, and in rendering proper care and treatment to the plaintiff; and that all of the aforementioned acts and/or omissions, as described hereinabove, of the defendants, BTEVEN KAALI and WOMEN's MEDICAL PAVILION, relating to the medical care and treatment and services rendered to the plaintiff herein, were rendered in such a careless, reckless and negligent manner so as to constitute medical malpractice, in that said medical services, care and treatment were rendered in such a manner so as to constitute a departure from the usual accepted practice and skill ordinarily practiced by physicians in the community at that time and under the

facts and circumstances herein; (b) March 9, 1991.

9. This information was previously supplied in paragraph numbered "7(a)" of this bill of particulars.

l0. This information was previously supplied in paragraph numbered "7(a)" of this bill of particulars.

11. As no claim is being made herein regarding the contents of this "demand", "a" through "q" are all "inapplicable".

12 (a) Laparoscopic tubal ligation;

(b) This information was previously supplied in paragraph numbered "7(a)" of this bill of particulars;

(c) Inapplicable.

13. As no claim is being made herein regarding the contents of this "demand", "a" through "e" are all "inapplicable".

14. As no claim is being made herein regarding the contents of

this "demand", "a" through "a" are all "inapplicable". "

15. No claim is being made herein regarding the contents of this "demand".

16(a) The plaintiff, LAURA DE ROSA, sustained the following personal injuries:

2 cm. laceration of the jejunum; Septic shock;

Peritonitis;

Bilateral pleural effusions.

That the aforementioned jejunal laceration necessitated the plaintiff undergoing surgery (i.e., exploratory 5

aforementioned 2 cm. laceration of the jejunum w c

That it is significant that a CT Scan of the abdomen revealed dilatation of both the small and large bowel consistent with ileus; and that an upper GI revealed esophagitis and probable hemorrhagic nonerosive gastritis.

That at the present time, the plaintiff complains of abdominal pain particularly in the morning and the latter part of the day, abdominal pain following sexual activity, protrusion of veins on the right upper chest and into the right armpit, that the right arm feels heavier than the left arm, that she is unable to eat any food that would give her gas, urinary problems, irregular periods, a 6" scar on the abdomen which is tender, and although she was losing her hair it has to a large extent abated.

That it is claimed that the plaintiff will require medical care and treatment and/or surgery in the future to alleviate the aforementioned conditions involving the abdomen; and further will develop additional sequelae and symptoms as a result of the aforementioned injuries as a direct or indirect result of the injuries sustained herein;

(b) That all of the aforementioned residuals (including the aforementioned scarring) are all believed to be permanent in nature.

17(a) The plaintiff, LAURA DE ROSA, was confined to her bed, except for medical treatment, for approximately seven (7) weeks;

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home, except or urgency, for approximately four (4) weeks;

(c) The plaintiff, LAURA DE ROSA was confined to the Community Hospital at Dobbs Ferry, located at 128 Ashford Avenue, Dobbs Ferry, New York 10522, from the 11th day of March, 1991 until the 25th day of March, 1991, on which day she was transferred, by ambulance, to the Westchester County Medical Center, located in Valhalla, New York 10595, and confined thereto from the 25th day of March, 1991 until the 7th day of April, 1991;

(d) None.

18(a) Dr. Louis R. DelGuercio, New York Medical College, Munger Pavilion, Westchester County Medical Center, Valhalla, New York 10595: and 1 Skyline Drive, Hawthorne, New York 10532 - March 25, 1991 through April 6, 1991; April 16, 1991 - $1,100.00:

Dr. Bernard Dolin, 132 South Central Avenue, Elmsford, New York 10523 - March 11, 1991 through March 25, 1991: April 18, 1991; May 2, 1991; June 6, 1991: July 8, 1991 and July 29, 1991 - $6,980.00;

Dr. Stephen R. Heier, New York Medical College, Munger Pavilion, Westchester County Medical Center, Valhalla, New York 10595 - March 25, 1991: March 26, 1991: March 30, 1991; April 3, 1991; April 4, 1991 and May 17, 1991 - $605.00:

MRA Physicians, P.O. Box 6072, Mt. Vernon, New York 10588 - April 3, 1991 through April 5, 1991 and May 6, 1991 - $1,365.00;

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New York 10500²

Dr. Anthony MaglionE, 18 Ashford Avenue, Dobbs Ferry, New York 10522 - March 11, 1991 through March 25, 1991 (except for March 23, 1991 and March 24, 1991) and April 3, 1991 - $1,625.00;

Anesthesia Services, P.C., P.O. Box 596, Chappaqua, New York 10514 - March 11, 1991 - $1,080.00:

Dr. Peter Berkey, 385 Palisade Avenue, Yonkers, New York 10703 - March 13, 1991 and March 22, 1991 - $310.00; Surgical Intensivists, P.C., Munger Pavilion, Westchester County Medical Center, Valhalla, New York 10595 - March 25, 1991 and March 26, 1991 - $1,300.00;

(b) Nurses - None:

(c) Medical Supplies - None;

(d) Community Hospital at Dobbs Ferry, 128 'Ashford Avenue, Dobbs Ferry, New York 10522 - March 11, 1991 through March 25, 1991 - $21,462.65:

Westchester County Medical Center, Valhalla, New York 10595 - March 25, 1991 through April 7, 1991 - $14,300.00;

(e) Nursing home, etc. - None;

(f) Clothing - $260.00;

Laboratory fees - May 6, 1991 - $195.00; Pathology services - April 4, 1991 - $156.00: Empress Ambulance, 722 Nepperhan Avenue, Yonkers, New York 10703 - March 25, 1991 - $363.00;

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19(a) Travel and Traffic Clerk, Steinbac , Tarrytown Road, White Plains, New York 10607;

(b) Travel and Traffic Clerk, Steinbach, Inc., 535 Old Terrytewn Rend, White Plains New York 1060'71

(c) Inapplicable;

(d) Following the occurrence herein (on the 9th day of March, 1991), the plaintiff, LAURA DE ROSA, was incapacitated from attending to her aforementioned employment, until she first returned to work on the 24th day of June, 1991;

(e) $14,000.00 (from March, 1990 to March, 1991);

(f) The plaintiff, LAURA DE ROSA, lost $5,562.00 in earnings as a result of the incident herein.

20. As the plaintiff, LAURA DE ROSA, was not a student at the time of the time of the incident herein, "a" through "c" are all "inapplicable".

21. That the defendant, STEVEN KAALI, failed to disclose to the plaintiff, LAURA DE ROSA, the reasonable foreseeable risks and benefits involved in the performing, upon her person, of a laparoscopic tubal sterilization as a reasonable medical practitioner under similar circumstances would have disclosed, in a manner permitting the plaintiff to make a knowledgeable evaluation in permitting to be performed, upon her person, of a laparoscopic tubal sterilization, so as to make a knowledgeable evaluation, in that the defendant, STEVEN KAALI, failed to disclose to (i.e., 9

the intestine with the trochar of the laparoscope

consequence of this procedure; and failed to properly apprise the plaintiff of same so that an informed consent and proper judgment could be made by the plaintiff as to whether she wished to be subjected to the possibility of such a risk (i.e., perforation o! the intestine with the trochar of the laparoscope) , and all of which were a substantial deviation from good and accepted medical practice; that the defendant, WOMEN's MEDICAL PAVILION, knew or should have known that the defendant, STEVEN KAALI, failed to disclose to the plaintiff, LAURA DE ROSA, the reasonable foreseeable risks and benefits involved in the performing, upon her person, of a laparoscopic tubal sterilization as a reasonable medical practitioner under similar circumstances would have disclosed, in a manner permitting the plaintiff to make a knowledgeable evaluation in permitting to be performed, upon her person, of a laparoscopic tubal sterilization, so as to make a knowledgeable evaluation, in that the defendant, STEVEN KAALI, failed to disclose to (i.e.,l inform) the plaintiff, LAURA DE ROSA, of all of the standard complications and risks, including the possibility of perforation of the intestine with the trochar of the laparoscope existed as a consequence of this procedure: and failed to properly apprise the plaintiff of same so that an informed consent and proper judgment could be made by the plaintiff as to whether she wished to be subjected to the possibility of such ar risk (i.e., perforation of 10

practice.

22. This information was previously supplied in paragraph numbered "21" of this bill of particulars.

23. The plaintiff, LAURA DE ROSA, has not received any reimbursement for any of the medical expenses personally paid by her or loss of earnings; however, she did receive disability benefits ($120.00 per week) while out of work from the Massachusetts Mutual Life Insurance Company, Springfield, Mass. 01111 - Plan No. 112445; Claim ID No. 01-01; having received in all $2,088.13 in disability benefits:

(a)(i) Inapplicable; (ii) Inapplicable. 24. Inapplicable. 25. Inapplicable.

26. The plaintiff, LAURA DE ROSA, was married on the 7th day, of March, 1991 at the Astoria Manor, Queens, New York.

27. None.

28. As there is no claim being made herein regarding the contents of this "demand", "a" through "c" are all "inapplicable". 29. No.

30. Although the action herein does not fall within any of the exceptions of CPLR 1602 regarding non-economic loss (i.e., "pain and suffering"), the defendants remain fully liable for economic loss. Dated: Bronx, New York

January 9 , 1993

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Attorneys for Plaintiff:

Office and P.O. Address: 349 East 149th Street Bronx, New York 10451 (718) 665-0220

TO:

PULVERS, PULVERS and THOMPSON, P.C. Attorneys for Defendants

Office and P.O. Address: 790 Madison Avenue

New York, New York 10021 File No. Unknown

STATE OF NEW YORK )

ss:

COUNTY OF WESTCHESTER )

LAURA DE ROSA being duly sworn, deposes and says:

That deponent is the plaintiff herein: that deponent has read the foregoing BILL OF Particulars and knows the contents thereof; that the same is true to deponent's 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.

Sworn to before me this 1

-day of January, 1993 LAURA DE ROSA 

MILTON WITTELS

Notary Public, State of New York No. 30-4317676 Qualified in Nassau county

Commission Expires 10-31-93