I.M. et, al v. Dicostanzo et, al
| I. M. and Danielle Hartmann |
| Lynne Dicostanzo, United States Of America, Orange Regional Medical Center, Nila Singaravelu, Raja Senguttuvan, Amanda Hines, Kirankumar Kantal Kothari, M.D., North American Partners in Anesthesia, L.L.P., Alice Bach Bast, Natalie Jouve, Nicole Blair and Belinda Rubino |
| 7:2016cv07608 |
| September 28, 2016 |
| US District Court for the Southern District of New York |
| White Plains Office |
| XX Out of State |
| Kenneth M. Karas |
| Personal Injury- Medical Malpractice |
| 28 U.S.C. ยง 1346 |
| Both |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
230
STIPULATION OF DISCONTINUANCE: IT IS HEREBY STIPULATED by and between counsel that this action is discontinued as to defendants, KIRANKUMAR KOTHARI, M.D. and NORTH AMERICAN PARTNERS IN ANESTHESIA, LLP. Therefore, it is ordered by the Court that this action is discontinued with prejudice and without costs. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge Lewis J. Liman on 5/18/2020) (va)
|
|
Filing
211
ORDER: The pretrial conference scheduled for today, April 10, 2020, at 3:00 p.m. is hereby ADJOURNED sine die. The trial, scheduled to begin on Monday April 13, 2020 has been continued pursuant to Standing Order 20-MISC-154a. At a telepho ne conference held on March 17, 2020, Plaintiff's Counsel indicated that Plaintiff was prepared to dismiss the claims against all parties, pending approval of the settlement Plaintiff was then seeking. It is hereby ORDERED that no later than April 17, 2020, the parties shall file a joint letter informing the Court of the status of claims against any remaining defendants. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/10/2020) (va)
|
|
Filing
210
INFANT COMPROMISE ORDER CONCERNING SETTLEMENT WITH DEFENDANT ORANGE REGIONAL MEDICAL CENTER ONLY: Upon reading and filing the affidavit of Danielle McElnea, as mother and natural guardian of the infant herein, sworn to the 27th day of February, 202 0, the affirmation of Jordan K. Merson, Esq. dated the 2nd day of March, 2020; the report of Joseph Carfi, M.D. dated January 31, 2018 and the report of Michael Katz, M.D. dated January 16, 2018; and I.M. having been born on March 6, 2015; and is now 4 years of age; and it appearing that I.M. is not competent to settle this action on her own behalf; and upon all of the pleadings and proceedings has herein; and it appearing there from that it is to the best interests of I.M. to settle and compromise the cause of action herein, (As further set forth herein this Order.) SO ORDERED. (Signed by Judge Lewis J. Liman on 3/31/2020) (va)
|
|
Filing
208
INFANT COMPROMISE ORDER CONCERNING SETTLEMENT WITH DEFENDANT ORANGE REGIONAL MEDICAL CENTER ONLY: ORDERED, that based upon the financial requirements to have the infant's full name appear on the settlement checks provisions of 22 NYCRR § 202.S(e) are hereby waived for good cause, and it is further; ORDERED, that the actions on behalf of I.M., an infant by her mother and natural guardian, Danielle McElnea, and Danielle McElnea, Individually, Plaintiffs, against Orange Regional Medic al Center, for the total settlement value of $391,354.17 consisting of cash payments totaling no more than $250,000.00 in full satisfaction of all New York State Medical Indemnity Fund and Non-New York State Medical Indemnity Fund damages and is in accordance with CPLR Article 12, and is hereby compromised and settled in accordance with and pursuant to the provisions of the New York State Medical Indemnity Fund, Article 2999-D of the Public Health Law ("PHL") of the Stat e of New York, and it is further, ORDERED, that the infant I.M. qualifies as an infant who sustained a birth related neurological injury as defined under PHL §2999(h) (1), and it is further,, Orange Regional Medical Center terminated. ORDERE D, that the action of l.M, an infant by her mother and natural guardian, Danielle McElnea, and Danielle McElnea, Individually, Plaintiffs, against Orange Regional Medical Center, Defendant, is hereby settled and compromised by Orange Regional Medi cal Center for a total settlement value $391,354.17 which is allocated in the amount of $195,677.08 for non-fund damages as per the New York Medical Indemnity Fund, and $195,677.08 for fund damages as per the New York State Medical Indemnity Fund, and it is further, ORDERED, in accordance with the New York State Medical Indemnity Fund, defendant Orange Regional Medical Center, and their representatives are required to pay proportionate attorneys' fees (50%) with a reduced sliding scale retainer related to proportionate share as to non-fund damages in accordance with PHL §2999 j(14) in the amount of $38,783.39 on behalf of I.M., an infant; and it is further, ORDERED, in accordance with the New York State Medical Indemnity Fund, defendant Orange Regional Medical Center, and their representatives are required to pay proportionate attorneys' fees (50%) with a reduced sliding scale retainer related to proportionate share as to fund dam ages in accordance with PHL §2999-j (14) in the amount of $38,783.38 on behalf of I.M., an infant; and it is further, ORDERED, that $154,829.21 shall be made payable to the THE I.M. SETTLEMENT TRUST and it is further, ORDERED, that $17,243.32 shall be made payable to I.M's mother and natural guardian, Danielle McElnea, as mother and natural guardian of I.M. for her loss of services and it is further, ORDERED, that the lien amount of $360.70 held by DHS on beha lf of Medicaid which will be satisfied with the proceeds of this settlement, there are no other liens or creditors that attach to this action, nor any outstanding medical bills. Further, I.M. was never a Medicare beneficiary. No other action or p roceeding has been commenced on behalf of I.M. as a result of the action in which she suffered injury. No application for the relief sought herein has been made to any court or judge, and it is further ORDERED, that all payments for future medical expenses shall be paid in accordance with Title-4 of Article 29(D) of the Public Health Law, in lieu of that portion of the settlement agreement that provides for payment of such expenses. I.M.'s future medical expenses shall be paid in accord ance with Title-4 of Article 29(D) of the Public Health Law; and it is further; ORDERED, that defendant Orange Regional Medical Center, through their representatives shall pay within 21 days and upon presentation of a copy of this Compromise Order , a duly executed General Release, Stipulation of Discontinuance with prejudice and a hold harmless agreement shall pay $250,000.00 to Danielle McElnea, as mother and natural guardian of I.M., an infant, and Danielle McElnea, Individually and Me rson Law PLLC as attorneys. ORDERED, that upon defendant Orange Regional Medical Center, and their representatives and the law office of Martin Clearwater & Bell LLP shall be held harmless and indemnified from any claim and/or lien that may be claime d against this lawsuit, now and in the future, and it is further ORDERED, that Danielle McElnea is hereby granted leave to execute a General Release, Settlement Agreement, Hold Harmless Agreement and Stipulation of Discontinuance and other papers or documents necessary to effectuate the settlement embodied herein. (Signed by Judge Lewis J. Liman on 3/23/2020) (rj)
|
|
Filing
200
ORDER terminating 199 Letter Motion to Compel: The Court is in receipt of Defendants' letter filed on ECF this afternoon (Dkt. No. 199). After consideration of that letter, it is ORDERED that defendant is relieved of the joint-pretrial filing s detailed in the March, 4, 2020 Court order at Dkt. No. 195. Plaintiff shall still comply with the requirements of that order. The Court is prepared to hold a hearing addressing Plaintiffs' claim (see Dkt. Nos. 192, 194) to have complied with t he March 2, 2020 order (Dkt. No. 188) requiring the provision of required authorizations and releases to Defendants by 12:00 on March 3, 2020. Plaintiff should be prepared to present at the conference scheduled for March 5, 2020 at 2:00 p.m. any evidence or testimony that it contends to support the contention that it provided the required authorizations and releases by the 12:00 deadline. (Signed by Judge Lewis J. Liman on 3/4/2020) (jwh)
|
|
Filing
195
ORDER. It is hereby ORDERED that the parties make the following filings on ECF: 1) By 5:00 p.m. on March 4, 2020, Plaintiff is ordered to file on ECF a) any objections to the proposed Jury Charge and Jury Interrogatories submitted to Judge Walter s chambers by Defendant on February 28, 2020, and b) any proposed revisions or additions to those instructions in light of subsequent developments. Defendant may respond to Plaintiff's objections, revisions, or additions by 12:00 p.m. on Marc h 5, 2020. 2) By 12:00 p.m. on March 5, 2020, the parties shall jointly submit the short description of the case to be read to the Jury required by my Individual Practices. The parties submitted a statement of the case in their proposed JPTO. (Dkt. No. 179.) If they jointly elect to have that statement read to the Jury, they may so indicate on the letter to be submitted by March 5, 2020 at 12:00 p.m. 3) By 12:00 p.m. on March 5, 2020, the parties shall jointly submit a final list, drawn fro m the lists included with the JPTO (Dkt. No. 179) of the witness each side intends to present at trial beginning next week and the exhibits each side intends to offer, noting objections by the other side. The Court will discuss the motion for sanctions as well as the trial procedure at the conference on March 5, 2020. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/3/20) (yv)
|
|
Filing
189
ORDER, It is hereby: ORDERED that the parties shall appear for a pretrial conference on Thursday, March 5, 2020 at 2:00 p.m. in Courtroom 15C of the U.S. District Court for the Southern District of New York, 500 Pearl Street, New York, New York. SO ORDERED. (Pretrial Conference set for 3/5/2020 at 02:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 3/2/20) (yv)
|
|
Filing
180
ORDER: A pretrial conference in the above captioned matter is hereby set for Wednesday, February 5, 2020, at 3:00 p.m. in Manhattan, Courtroom 15A. ( Pretrial Conference set for 2/5/2020 at 03:00 PM in Courtroom 15A, 500 Pearl Street, New York, NY 10007 before Judge Donald E. Walter.) (Signed by Judge Donald E. Walter on 1/29/2020) (mro)
|
|
Filing
178
ORDER: The parties have made a joint request for an extension of time to file the joint pretrial order, which was due on Monday, January 6, 2020. Their request is hereby GRANTED and the joint pretrial order is now due Wednesday, January 22, 2020., ( Joint Pretrial Order due by 1/22/2020.) (Signed by Judge Donald E. Walter on 1/06/2020) (ama)
|
|
Filing
177
ORDER OF DISMISSAL WITH PREJUDICE: IT IS THEREFORE ORDERED that each of the Parties bear its own costs, expenses, and fees; and it is further ORDERED that following its entry of this Order, the Court will not retain jurisdiction over the settlement between the United States and Plaintiffs or over the United States; and it is further ORDERED, that the above-captioned cause of action against the United States is dismissed in its entirety with prejudice, with causes of action against the other Defendants remaining. United States Of America terminated. (Signed by Judge Donald E. Walter on 12/6/2019) (jca)
|
|
Filing
158
OPINION AND ORDER: For the foregoing reasons, the Court denies Dr. Senguttuvan, Nurse Hines, and ORMC and Nurse Basts Motions for Summary Judgment with respect to the medical malpractice claim; denies ORMC and Nurse Basts Motion for Summary Judgment on the question of vicarious liability with respect to non-employees and employees; denies Dr. Senguttuvan, Nurse Hines, and ORMC and Nurse Basts Motions for Summary Judgment with respect to the loss of services claim, but only insofar as that surviv ing claim relates to the medical expenses Ms. Hartmann testified she incurred for the treatment of I.M. so far; grants Dr. Senguttuvan, Nurse Hines, and ORMC and Nurse Basts Motions for Summary Judgment with respect to the lack of informed consent cl aim; and grants ORMC and Nurse Bast's Motion for Summary Judgment as to Plaintiffs' claim for negligent hiring, training, retention or supervision. The Clerk of Court is respectfully directed to terminate the pending Motions. (Dkt. Nos. 111, 115, 124.) The Court will hold a Status Conference on February 14, 2019 at 11:00am. SO ORDERED. (Signed by Judge Kenneth M. Karas on 1/24/2019) (jca)
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the New York Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
