Plaintiff appeals from the court's six orders. Supreme Court addressed defendants' motions in six orders, finding, with respect to each moving defendant, that certain of plaintiff's responses were insufficient and that evidence of matters related to those responses would be precluded unless plaintiff served amended bills of particulars within 30 days. Following an inability to resolve defendants' objections to the bills of particulars, most of the defendants moved for conditional orders striking certain portions of the bills of particulars and precluding plaintiff from introducing evidence related to those matters unless plaintiff served sufficiently detailed amended bills of particulars.

After receiving demands, plaintiff served each defendant with a verified bill of particulars. Plaintiff, as administrator of decedent's estate, commenced this action alleging, as amended and as relevant here, medical malpractice and wrongful death against a hospital, two medical practices and 12 physicians. After the treatment began, decedent experienced side effects, went to the emergency department of defendant Memorial Hospital, and was admitted and received treatment there for 13 days before being transferred to another hospital, where she later died. Decedent was not aware of whether she had a DPD deficiency and apparently was not informed that there was a laboratory test available to detect it. Prior to beginning the treatment, decedent was informed that if she had a gene mutation known as dihydropyridimine dehydrogenase (hereinafter DPD) deficiency, she should not have the FOLFOX 6 treatment because that mutation can cause a toxic buildup ofĥ-FU.

They prescribed continuous intravenous chemotherapy treatment known as FOLFOX 6, which included a dose of the drug fluorouracil (hereinafter 5-FU). (hereinafter NYOH) and defendant Lawrence Garbo. Stoddard (hereinafter decedent), who had been diagnosed with colon cancer, became a patient of defendant New York Oncology Hematology, P.C. Herczeg of counsel), for James Puleo Jr., respondent.Īppeals from six orders of the Supreme Court (McNally Jr., J.), entered Augin Rensselaer County, which, among other things, partially granted certain defendants' motions for a conditional order of preclusion. Thorn, Gershon, Tymann and Bonanni, LLP, Albany (Kelly A. Napierski, VanDenburgh, Napierski & O'Connor, LLP, Albany (Diane Lufkin Schilling of counsel), for Joel E. Thuillez, Ford, Gold, Butler & Monroe, LLP, Albany (Daisy F. Darrow of counsel), for Vanessa Denning and another, respondents. Marinello of counsel), for Mikhail Chilingaryan, respondent.īurke, Scolamiero & Hurd, LLP, Albany (Jessica L.

O'Connor, O'Connor, Bresee & First, PC, Albany (Hilda R. Rausch of counsel), for New York Oncology Hematology, P.C. Maynard, O'Connor, Smith & Catalinotto, LLP, Albany (Robert A. NEW YORK ONCOLOGY HEMATOLOGY, P.C., et al., Respondents, et al., Defendants.īefore: Clark, J.P., Mulvey, Aarons and Rumsey, JJ. JUDY STODDARD, as Administrator of the Estate of CHERRI A. This opinion is uncorrected and subject to revision before publication in the Official Reports. Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

Stoddard v New York Oncology Hematology, P.C.

New york bill of particulars pleading