Young Randy Myers also was born with a congenital heart problem - a leaky aortic

valve (why do all the characters in my exams have to suffer so much?). At 10 years old,

Randy was finally old enough for doctors to consider a valve replacement. So, on October

31, 2013, Randy's 10

th

birthday, Randy was scheduled for a CTScan to determine the size of

the valve to be replaced, and to ensure that there were no other blockages that needed to be

repaired. Dr. Robert Ojeda, a renowned cardiology radiologist was to perform the scan in his

office at Carter Memorial Hospital, located in Brooklyn, where Dr. Ojeda was employed.

But, of course, all did not go well. The table that Randy was lying on, that was

supposed to slide into the scanner, was not properly attached, and collapsed. Randy was

thrown to the floor, with the table landing on top, crushing Randy.

Dr. Ojeda immediately reached out to his friend, and former classmate, Dr. Edward

Lynch, who worked in the pediatric department of Carter Memorial. He explained to Dr.

Lynch everything that had happened, and saw to it that Randy was rushed to Dr. Lynch.

Randy had suffered severe internal injuries, that would require both emergency

treatment and long term care by Dr. Lynch. Dr. Ojeda continued to treat Randy's valve

issues, and was eventually able to do the valve replacement. Dr. Ojeda also periodically

checked in with Dr. Lynch as to Randy's progress.

Randy's follow-up care with Dr. Ojeda finally ended on May 24, 2021. And, on June 22,

2021, Dr. Lynch ended his treatment, since Randy was becoming too old for pediatric care.

Still suffering from the injuries incurred when the table collapsed, Randy finally decided

to sue Dr. Ojeda and Carter Memorial Hospital. Randy consulted with us, and an associate in

our office drafted a summons and complaint, and, on December 5, 2023, sent a paralegal to

Supreme Court, Kings County, in Brooklyn, to file it. The paralegal wandered around the

building for a while, looking for a place to file the papers, without finding anyone. Eventually,

becoming impatient, the paralegal walked into an empty courtroom, where a Part Clerk was

working on papers. "I want to file this summons and complaint, and I have this check for the

fee, where do I go?" The Clerk gave directions to the basement of the building. "But that's

far, and it is getting late, can I leave them with you?" The Clerk reluctantly agreed, saying

"OK, OK. I'm not the right person, but I'll take them, and later I'll go downstairs for you." The

paralegal happily left. The Clerk soon forgot about the papers and they remained on her

desk.

On February 18, 2024, a process server hired by our firm went to the hospital to serve

process. She went to the hospital's legal office and gave a copy to a lawyer there. "This is

for the hospital, and for your employee, Dr. Ojeda." On March 21, the process server mailed

a copy to the hospital, and mailed another to Dr. Ojeda at his office in the hospital.

Looking at the process server's affidavit of service, our associate wasn't certain service

was good, so she sent the process server back, with instructions to serve Dr. Ojeda.

On April 7, the process server went to Dr. Ojeda's office, and was confronted by a

receptionist. "The doctor is not in." "That's OK, you are here. I'll leave it with you." "Oh, no

you won't. I am not authorized to take anything for the doctor. You will have to come back."

"No, I'm going to leave it with you." "I'm not touching it." With that, the receptionist began to

retreat to the inner office. The process server shouted to his retreating back, "I'm putting it on

your desk." And so she did.

I'm concerned that there are problems in this lawsuit, and that our adversaries

representing Dr. Ojeda and Carter Memorial will seek to dismiss it on various grounds.

draft an office Memorandum, laying out the potential issues, analyzing them, and giving me your thoughts as to the outcome.