Interrogatories 5 - plaintiffs answers to 213f3 interrogatories in med mal suit

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Plaintiff's Answers to Illinois Supreme Court Rule 213(f)(3) Interrogatories

Respectfully submitted, Winters Enrigh Salzetta & O'Brien, L.L.C., John F. Winters, Jr., One of the attorneys for the Plaintiff, Winters Enright Salzetta & O'Brien, LLC, 111 West Washington Street, Suite 1200, Chicago, Illinois 60602, 312/236-6324, #37483.

NOW COMES, the Plaintiff, NICOLE CIOLINO CONTRERAS, by and through her attorneys, WINTERS ENRIGHT SALZETTA & O'BRIEN, L.L.C., and for her answers to Illinois Supreme Court Rule 213(f)(3) Interrogatories, states as follows:

3. Pursuant to Supreme Court Rule 213(f)(3), identify “controlled expert witnesses” who may testify at trial on behalf of the plaintiff. After each person, state the following:

1) The subject matter on which the witness will testify;

2) The conclusions and opinions of the witness and the bases therefore;

3) The qualifications of the witness; and

4) Any reports prepared by the witness about the case.

ANSWER:

1. Dr. Curtis Cetrulo

Obstetrics Gynecology/Maternal-Fetal

Medicine

P.O. Box 755

Hingham, MA 02043

Dr. Cetrulo is a medical physician licensed to practice medicine, board certified in obstetrics and gynecology. His practice in obstetrics and gynecology encompasses evaluation and management of patients with a wide range of related medical conditions, but, include patients who have sustained miscarriages, as well as have had dilation and curettage and hysteroscopy procedures performed. Dr. Cetrulo teaches obstetrics and gynecology at Tufts University School of Medicine, Division of Maternal-Fetal Medicine.

In preparation of his opinions Dr. Cetrulo relied on his education, training, experience, background and expertise in the area of obstetrics and gynecology. Dr. Cetrulo reviewed Nicole Contreras' medical records and chart from St. Mary of Nazareth Hospital, as well as other discovery materials that were generated in this litigation, including those materials listed below:

1. Deposition of Rafal Chojnacki, M.D.

2. Deposition of Vijay Arekapudi, M.D.

3. Deposition of Amalendu Majumdar, M.D.

4. Deposition of Sagul Tonsiengsom, M.D.

5. Deposition of Ellen Polisky, M.D.

6. Deposition of Ofelia Sanchez-Ruiz, M.D.

7. Deposition of Nicole Contreras

8. Deposition of Kevin J. Lederer, M.D.

9. Medical Records of St. Mary of Nazareth Hospital/Dr. Vijay Arekapudi

10. Medical Records of St. Mary of Nazareth Hospital/Dr. Rafal J. Chojnacki

11. Medical Records from St. Mary of Nazareth Hospital/Dr. Amalendu Majumdar

12. Medical Records of Dr. Milad

13. Medical Record of Northwestern University School of Medicine

14. Medical Records of Dr. Bruno

15. Medical Records of Dr. Mahmoud Abed Halloway

16. Medical Records of Dr. Mary Wood-Molo

17. Women's Health Consultants, S.C.

18. Medical Records of Dr. Kimberly Mullin

19. Plaintiffs Answers to Interrogatories of Saints Mary and Elizabeth Medical Center

20. Plaintiffs Responses to Request to Produce of Defendant, Amalendu Majumdar, M.D.

21. Notice Pursuant to Illinois Supreme Court Rule 237 Directed to Plaintiff

22. Rule 214 Request for Production to Plaintiff from Amalendu Majumdar, M.D.

23. Plaintiffs Answers to Medical Malpractice Interrogatories of Defendant, Vijay Arkapudi, M.D.

24. Plaintiffs Answers to Medical Malpractice Interrogatories of Defendant, Amalendu Majumdar, M.D.

25. Interrogatories to Plaintiff from Amalendue Majumdar, M.D.

26. Plaintiffs Responses to Request to Produce of Defendant, Vijay Aredapudi, M.D.

27. Plaintiffs Answers to Interrogatories Propounded by the Defendant, Rafal Chojancki, M.D.

28. Plaintiffs Response to the Request for Production of Defendant, Rafal Chojnacki, M.D.

29. Plaintiff's Illinois Supreme Court Rule 213(f)(1)(2)(3) Interrogatories to Defendant, Amalendu Majumdar, M.D.

30. Supplemental Interrogatories to Plaintiff from Saints Mary and Elizabeth Medical Center

31. Illinois Supreme Court Approved Medical Malpractice Interrogatories to Plaintiff from Defendant Saints Mary and Elizabeth Medical Center

32. 213(f) Interrogatories to Plaintiff from Amalendu Majumdar, M.D.

33. Defendant, Amalendu Majumdar, M.D.'s Answers to Plaintiffs Interrogatories

34. Medical Malpractice Interrogatories to Defendant, Amalendu Majumdar, M.D.

35. Defendant, Amalendu Mujumdar, M.D.'s Response to Request to Produce

36. Plaintiffs Request to Produce to Defendant, Amalendu Majumdar, M.D.

37. Request to Produce Pursuant to Supreme Court Rule 237 to Defendant Amalendu Majumdar, M.D.

38. Interrogatories to Plaintiff from Rafal Chojnacki, M.D.

39. Request to Produce to Plaintiff from Rafal Chojnacki, M.D.

40. Supplemental Interrogatories Pursuant to Illinois Supreme Court Rule 213

41. Answer to Plaintiff's Amended Medical Malpractice Interrogatories from Rafal Chojnacki, M.D.

42. Amended Medical Malpractice Interrogatories to Defendant, Rafal J. Chojnacki, M.D.

43. Medical Malpractice Interrogatories to Defendant, Rafal J. Chojnacki, M.D.

44. Response to Plaintiffs Request to Produce from Rafal Chojnacki, M.D.

45. Plaintiffs Request to Produce to Defendant, Rafal Chojnacki, M.D.

46. Plaintiffs Illinois Supreme Court Rule 213(f)(1)(2)(3) to Defendant, Rafal Chojnacki, M.D.

47. Answer to Plaintiffs Supreme Court Rule 213(f)(1)(2)(3) Interrogatories from Rafal Chojnacki, M.D.

48. Request to Produce Pursuant to Supreme Court Rule 237 to Defendant Rafal J. Chojnacki, M.D.

49. Saint Francis Hospital's Response to Plaintiffs Supplemental Request to Produce

50. Saint Francis Hospital's Response to Plaintiffs Second Supplemental Request to Produce

51. Notice Pursuant to Supreme Curt Rule 214 from Saints Mary and Elizabeth Medical Center

52. St. Mary of Nazareth Hospital Centers' Answers to Plaintiffs Medical Malpractice Interrogatories

53. St. Mary of Nazareth Hospital Centers' Request to Produce

54. Amended Medical Malpractice Interrogatories to Defendant, St. Mary of Nazareth Hospital Center

55. Medical Malpractice Interrogatories to Defendant, St. Mary of Nazareth Hospital Center

56. Plaintiffs Request to Produce to Defendant, Saint Mary of Nazareth Hospital Center

57. Plaintiff's Illinois Supreme Court Rule 213(f)(1)(2)(3) Interrogatories to Defendant, Saint Mary of Nazareth Hospital Center

58. Request to Produce Pursuant to Supreme Court Rule 237 to Defendant Saint Mary of Nazareth Hospital Center

59. Answer to 213(f)(1)(2)(3) Interrogatories from Vijay Arekapudi, M.D.

60. Answers to Interrogatories from Vijay Arekapudi, M.D.

61. Defendant Dr. Arekapudi's Answers to Amended Interrogatories

62. Medical Malpractice Interrogatories to Defendant, Vijay Arekapudi, M.D.

63. Amended Medical Malpractice Interrogatories to Defendant, Vijay Arekapudi, M.D.

64. Plaintiffs Request to Produce to Defendant, Vijay Arekapudi, M.D.

65. Plaintiffs Illinois Supreme Court Rule 213(f)(1)(2)(3) Interrogatories to Defendant, Vijay Arekapudi, M.D.

66. Request to Produce Pursuant to Supreme Court Rule 237 to Defendant Vijay Arekapudi, M.D.

67. Deposition of Dr. Mary Wood-Molo

68. Deposition of Dr. Theodore Jefferson

69. Deposition of Dr. Sharyn L. Ingrum, Psy.D.

70. Deposition of Dr. Lisa Rouff

71. Deposition of Dr. Joanna Tonaci

72. Deposition of Dr. Magdy Milad

73. Deposition of Kimberly Nugent, R.N.

74. Deposition of Dr. Maryann Cortez, R.N.

75. Deposition of Dr. Rose Krogh, R.N.

It is expected that Dr. Cetrulo will testify as to his opinions rendered within a reasonable degree of medical certainty regarding the subject matter of negligence and proximate cause of damages sustained by Nicole Contreras arising out of the care and treatment rendered her by St. Mary of Nazareth Hospital, Dr. Vijayalakshmi Arekapudi, Dr. Amalendu Majumdar and Dr. Rafal J. Chojnacki.

The opinions of Dr Cetrulo include but are not limited to the following matters and are based on a reasonable degree of medical certainty:

A. Dr. Arekapudi deviated from the standard of care when she performed an incomplete dilation and suction curettage, with hysteroscopy, wherein Dr. Arekapudi failed to remove the products of conception and left a non-viable embryo in the body of Nicole Contreras which resulted in the necessity of more invasive subsequent treatments that were causes in Nicole's resulting infertility and her inability to conceive through in vitro fertilization damages;

B. Dr. Arekapudi deviated from the standard of care when she failed to review the actual ultrasound of August 13, 2005 so as to determine the location of the pregnancy, prior to performing the dilation and suction. curettage, with hysteroscopy procedure on Nicole Contreras;

C. Dr. Arekapudi deviated from the standard of care when she failed to provide Nicole Contreras with follow-up care and treatment so as to determine if the operative procedure that she performed on August 14, 2002 was successful and complete;

D. Dr. Arekapudi deviated from the standard of care when she failed to review the pathology report of the surgery procedure that she performed on August 14, 2002, so as to determine if the products of conception were removed from the body of Nicole Contreras;

E. Dr. Arekapudi deviated from the standard of care when she failed to review the actual ultrasound study of August 13, 2005 prior to performing the dilation and suction curettage, with hysteroscopy, so as to diagnose the interstitial pregnancy of Nicole Contreras;

F. Dr. Arekapudi deviated from the standard of care when she failed to diagnose an interstitial (comeal) pregnancy despite the fact that Dr. Arekapudi had an August 10, 2002 ultrasound report suggesting bicornuate pregnancy, and the fact that Dr. Arekapudi did not visualize the pregnancy during the dilation and suction curettage procedure, with hysteroscopy;

G. Dr. Arekapudi and Dr. Chojnacki deviated from the standard of care when they failed to provide appropriate follow-up care to the dilation and suction curettage, with hysteroscopy, pathology in an appropriate amount of time, which led to a much later point in time for the discovery of the interstitial pregnancy, which resulted in the necessity of a laparotomy and other extensive surgical procedures, all causing damage that resulted in the infertility issues of Nicole Ciolino Contreras;

H. Dr. Chojnacki deviated from the standard of care when he did not provide appropriate follow-up care for Nicole Contreras so as to determine if the operative procedure of August 14, 2002 was successful and complete;

I. Dr. Chojnacki deviated from the standard of care when he did not review the pathology report of August 14, 2002 to determine if the products of conception were removed from the body of Nicole Contreras, which was a cause of the infertility issues sustained by Ms. Contreras;

J. Dr. Majumdar deviated from the standard of care when he performed an incomplete dilation and suction curettage, with hysteroscopy in October, 2002 wherein products of conception remained in Nicole Ciolino Contreras and necessitated more invasive surgical procedure which led to the fertility issues suffered by Ms. Contreras;

K. Dr. Majumdar deviated from the standard of care when he performed a corneal resection surgical procedure in October, 2002 that affected Nicole's ability to have in vitro fertilization through implantation into the lining of her uterus;

L. Dr. Majumdar deviated from the standard of care when he performed a fimbroplasty of the left fallopian tube of Nicole Ciolino Contreras at the same time of the laparotomy procedure for her comeal pregnancy, which was a cause for the left tubal damage;

M. Dr. Majumdar deviated from the standard of care when he performed the corneal resection surgical procedure on Ms. Contreras in October, 2002 as that surgical procedure caused the proximal portion of the right fallopian tube to be absent and became a cause of Ms. Contreras' fertility problems and inability to conceive;

N. Dr. Majumdar deviated from the standard of care when he performed a fimbroplasty at the time of the corneal resection which left Ms. Contreras' left fallopian tube in a very shortened and blunted condition;

O. Dr. Majumdar deviated from the standard of care when he performed the corneal resection in October 2002 that left adhesions as a result of that surgical procedure on the right side of Nicole Contreras' uterus, all which resulted in Ms. Contreras' inability to conceive naturally or through in vitro fertilization due to her uterus lining having an inability for successful implantation;

P. Dr. Majumdar deviated from the standard of care during the corneal resection surgical procedure performed on Nicole Contreras in October 2002 which compromised Ms. Contreras' blood supply and led to the thinning of Ms. Contreras endometrial lining which is a cause of Ms. Contreras fertility issues;

Q. Dr. Majumdar deviated from the standard of care when he chose to perform a corneal resection as that procedure eliminated the use of Nicole's right fallopian tube for future reproduction and therefore is a cause of Ms. Contreras inability to conceive and/or be candidate for successful in vitro fertilization;

R. Dr. Arekapudi and Dr. Chojnacki deviated from the standard of care as the failure to remove the products of conception during the dilation and suction curettage, with hysteroscopy procedure of August, 2002 allowed the interstitial (corneal) pregnancy to exist in Nicole Contreras wherein the corneal pregnancy became larger requiring the larger area to be resected and compromising the quality of the uterine lining of Nicole Contreras for purposes of implantation;

S. Dr. Majumdar deviated from the standard of care when her performed a biopsy surgical procedure in October, 2002, removing tissue from the uterine wall of Nicole Contreras which resulted in damage to Ms. Contreras' uterine wall and made implantation for in vitro fertilization impossible;

T. Dr. Majumdar deviated from the standard of care when he did not confer with Dr. Arekapudi in regard to the first dilation and suction curettage, with hysteroscopy procedure which was performed in August, 2002 and he did not review the ultrasound of August, 2002 and instead decided to perform a second dilation and suction curettage, with hysteroscopy, knowing all the while that the first procedure was ineffective and left products of conception;

U. Dr. Majumdar deviated from the standard of care when he failed to perform an MRI to determine the area of the pregnancy within Nicole Contreras instead of proceeding with a second dilation and suction curettage, with hysteroscopy procedure that resulted in a biopsy with corneal resection that compromised the uterine wall of Nicole Contreras;

V. Dr. Majumdar deviated from the standard of care when he performed the invasive procedures in October, 2002, the corneal resection and the left side fimbroplasty, with biopsy, knowing that the procedures performed could cause fertility issues for Ms. Contreras, and he never consulted with Ms. Contreras to determine if she was consenting to these procedures with the understanding that her ability to conceive, either naturally or through in vitro fertilization, would be compromised;

W. The physicians and other personnel in the pathology department of St. Mary of Nazareth Hospital failed to provide pathological reports of the August, 2002 surgical procedure to the physicians who were in attendance at the procedure in a timely fashion that would have disclosed that products of conception remained and would have led to an earlier intervention, wherein more options would have been available for addressing physical problems experienced by Ms. Contreras.

No report has been prepared by Dr. Cetrulo in this matter.

FURTHER ANSWERING, the plaintiff reserves the right to call any witnesses disclosed through discovery by the defendants, including fact and opinion witnesses, and to call any fact witness whose names appear in the medical records or any other documents produced during the course of discovery. Such witnesses are expected to testify consistently with the deposition testimony, if given, or to the knowledge or opinions attributed to them in the documents produced during discovery.

The plaintiff further reserves the right to amend her answers to Illinois Supreme Court Rule 213(f)(3) disclosures to include witnesses and testimony that is consistent with any evidence elicited to prior to trial in this matter.

Respectfully submitted,

WINTERS ENRIGH SALZETTA & O'BRIEN, L.L.C.

By<<signature>>

John F. Winters, Jr.

One of the attorneys for the Plaintiff

Winters Enright Salzetta & O'Brien, LLC

111 West Washington Street, Suite 1200

Chicago, Illinois 60602

312/236-6324

#37483

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