SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF NASSAU

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BENTLEY MAYS, as Administrator of the

Estate of REGINA RENEE MAYS, deceased, Index No.: 4982/05

BENTLEY MAYS, BENTLEY MAYS, as Proposed

Administrator of the Estate of CHRISTOPHER

MAYS, deceased, KYLE MAYS and BENTLEY 

MAYS, JR., individually,

Plaintiffs, 

- against -

AFFIDAVIT

NORTH SHORE UNIVERSITY HOSPITAL AT IN SUPPORT OF

MANHASSET, SHERON LATCHA, M.D., APPLICATION FOR 

DANA R. LUSTBADER, M.D., NORTH SHORE JUDICIAL APPROVAL OF

LONG ISLAND JEWISH HEALTH SYSTEM, SETTLEMENT AND 

NORTH SHORE HOME CARE, MARIE PRICE,R.N., RELATED RELIEF 

SETLIDZ SAINT-LOUIS, R.N., and 

GILDHARRY DINANATHSINGH, R.N.,

Defendants.

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STATE OF NEW YORK )

)SS:

COUNTY OF NEW YORK )

BENTLEY MAYS, being duly sworn, deposes and says:

1. I currently reside at 162 Laurel Street, Roslyn

Heights, New York 11577. I am the Administrator of the Estate of

REGINA RENEE MAYS (“Regina”). Limited Letters of Administration

were issued to me on August 14, 2003. Regina was my wife. Annexed

hereto as Exhibit “A” is a copy of the Limited Letters of

Administration. I make this Affidavit in support of the application

for an Order of Compromise of Wrongful Death Action.

2. Regina died on June 19, 2003. Prior to her death

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Regina resided at 162 Laurel Street, Roslyn Heights, New York

11577. Regina had three children: Bentley Mays, Jr., date of birth

September 27, 1982, Kyle Mays, date of birth December 18, 1991; and

( c) Christopher Mays, date of birth March 20, 1988 (date of death

June 1, 2007).

3. The injuries that resulted in the Regina’s death were

sustained during a continuous course of treatment beginning on or

about June 3, 2003 and continued through June 19, 2003. Our

contention was that: NSUH failed to place the Regina within an

appropriate scheme of care which should have included a timely,

appropriate and ongoing assessment of the 

Regina’s wound, abdomen, vital signs, temperature and overall

condition on each and every occasion NSUH failed to timely and

appropriately diagnose and treat Regina’s wound infection, dialysis

catheter infection, peritonitis, sepsis, septic shock, fluid and

electrolyte imbalance, cardiopulmonary arrest as well as provide

timely and appropriate treatment including culture and sensitivity,

directed antibiotic therapy as well as treatment with appropriate

fluid and electrolytes, performance of diagnostic studies including

culture and sensitivities of blood, peritoneal fluid, dialysate and

peritoneal catheter and urine. NSUH failed to timely and

appropriately perform diagnostic studies including plain X-ray, MRI

and/or sonogram. NSUH should have included monitoring the Regina in

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the hospital until such time as a determination was made that she

was medically stable such that her care could be appropriately

placed within the hands of a home care provider. Furthermore, the

standard of medical care required that peritonitis, sepsis and/or

septic shock be treated within an acute care setting in order to

prevent the progression to cardiopulmonary arrest and death. NSUH

should have, but failed to communicate on a timely and appropriate

basis with the Regina’s other health care providers. The standard

of care required that NSUH be cognizant of the signs and symptoms

of an acute abdomen, sepsis, septic shock, peritonitis and the need

for acute care in a hospital setting. Good and accepted medical

practices required that NSUH be cognizant of signs and symptoms

consistent with infection, sepsis, septic shock, acute abdomen,

peritonitis including, wound drainage, hypotension, pain and

weakness and to report same to those individuals that possessed the

requisite skill, knowledge, training, experience and expertise to

have managed Regina. 

As a result of the alleged negligence, Regina suffered

the following injuries: wound infection, sepsis, abdominal sepsis,

peritonitis, hypotension, metabolic acidosis, respiratory failure,

endotracheal intubation, thrombocytopenia requiring transfusion

with blood and blood products including all of the risks associated

with such therapies, multiorgseptic shock and all of the sequellae

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therefrom, severe and irreparable conscious pain and suffering and

her untimely demise. 

4. I am aware of, and participated in, settlement

negotiations with the attorney for defendant NSUH. A final offer

was made to settle the entire action, for the sum of THREE HUNDRED

FORTY THOUSAND ($340,000.00) DOLLARS. I believe that the offer of

$340,000.00 should be approved by this Court.

5. I have been advised that The Law Offices of David M.

Schreier has incurred the total sum of $25,180.05 for its costs and

disbursements in connection with the prosecution of this case. 

6. Accordingly, $340,000.00 less the attorney expenses

leaves a net balance of $314,819.95. Therefore, based on a sliding

scale of the net recovery, a legal fee of $91,204.99 to the Law

Offices of David M. Schreier should be approved.

7. I am aware that the balance of $223,614.96 should be

distributed to the decedent's distributees pursuant to the Kaiser

formula and EPTL §5-4.1., as follows:

BENTLEY MAYS - 66.42%

BENTLEY MAYS, JR. - 1.33%

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KYLE MAYS - 20.93%

THE ESTATE OF 

CHRISTOPHER MAYS - 11.32%

8. Decedent’s funeral bill in the sum of $9,847.00 has

been paid in full by me. No reimbursement is sought. There are no

medical bills or hospital bills outstanding. There are no liens,

claims assignments or encumbrances against decedent, decedent’s

estate or the proceeds of the settlement. 

9. No prior application has been made for the relief

requested herein.

 WHEREFORE, it is respectfully requested that this

Application for the relief requested herein be granted in all

respects and that this Court grants such other and further relief

as to the Court may seem just, proper and equitable. 

 

 Bentley Mays

Sworn to before me this

 day of January, 2008

 

Notary Public

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