BLUME, GOLDFADEN, BERKOWITZ,

DONNELLY, FRIED & FORTE, P.C.

One Main Street

Chatham, New Jersey 07928

(973) 635-5400

Attorneys for Plaintiff

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY - NEWARK

PAUL GURDAK,

Plaintiff,

vs.

UNITED STATES OF AMERICA,

Defendants.

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CIVIL ACTION NO.: 

Civil Action

MEDICAL MALPRACTICE COMPLAINT,

DESIGNATION OF TRIAL COUNSEL,

AND CERTIFICATION

Plaintiff, PAUL GURDAK residing at 72 Halstead Avenue,

Wallington, New Jersey, by way of complaint says:

JURISDICTION AND VENUE

1. The plaintiff, PAUL GURDAK is a citizen of the State of

New Jersey.

2. Upon information and belief, JAKEMIA COLEMAN, D.O. at

all relevant times was an employee of the defendant UNITED STATES

OF AMERICA at the EAST ORANGE VETERANS ADMINISTRATION HOSPITAL.

3. This Court has exclusive subject matter jurisdiction

over civil actions on claims against the United States of America

for, inter alia, money damages for injury or loss of property, or

personal injury or death caused by the negligent or wrongful act

or omission of any employee of the Government while acting within

the scope of his/her office or employment, under circumstances

where the United States, if a private person, would be liable to

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the claimant in accordance with the law of the place where the

act or omissions occurred pursuant to 28 U.S.C. § 1346(b)(1).

4. Venue is proper in the United States District Court of

New Jersey pursuant to 28 U.S.C. § 1391.

FIRST COUNT

1. Prior to and including May 25, 2008, plaintiff, PAUL

GURDAK was a citizen of the State of New Jersey, and a patient at

the EAST ORANGE VETERANS HOSPITAL, VETERANS ADMINISTRATION

HOSPITAL.

2. Upon information and belief, DR. JAKEMIA COLEMAN, D.O.,

was at all relevant times an employee of the defendant, UNITED

STATES OF AMERICA at the EAST ORANGE VETERANS ADMINISTRATION

HOSPITAL. In that regard, DR. JAKEMIA COLEMAN, D.O. was negligent

and careless in the evaluation, diagnosis and/or treatment of

plaintiff's condition and in the medical treatment that was

rendered to plaintiff, and did deviate from accepted standards in

rendering said medical care, as a result of which plaintiff, PAUL

GURDAK, sustained serious, painful, permanent and disabling

injuries, will in the future experience great pain, suffering,

and endure severe medical, physical and emotional disabilities. 

WHEREFORE, plaintiff demands judgment against the defendant,

together with interest and costs of suit.

SECOND COUNT

1. Plaintiff repeats the allegations contained in the prior

count and makes the same a part hereof by reference and

incorporation.

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2. At the time plaintiff was a patient at the EAST ORANGE

VETERANS ADMINISTRATION HOSPITAL, the defendant UNITED STATES OF

AMERICA, through the conduct of its agents, servants and/or

employees, was negligent and careless in the evaluation of

plaintiff and of plaintiff’s diagnostic testing, in the diagnosis

of plaintiff's condition, in the treatment rendered and/or in the

recommendations for further treatment and/or evaluation, and the

failure to establish policies, procedures and protocols

consistent with standards of care for the proper evaluation,

treatment and care of patients such as plaintiff, PAUL GURDAK.

The defendant aforementioned failed to comply with, or supervise

physicians so as to comply with, the policies, procedures and

protocols necessary under the standards of care relating to the

evaluation, care and treatment of patients such as plaintiff,

PAUL GURDAK, and did otherwise deviate from accepted medical

standards, as a result of which plaintiff, PAUL GURDAK sustained

the injuries and damages referred to above.

WHEREFORE, plaintiff demands judgment against the defendant,

together with interest and costs of suit.

THIRD COUNT

1. Plaintiff repeats each and every allegation of the

prior Counts as though set forth herein at length.

2. The defendant failed to disclose and/or advise the

plaintiff of all the risks, benefits, treatment, options,

alternatives and necessary information that a reasonably prudent

person would want to have under the circumstances then existing

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to consider, weigh and choose knowledgeably the options

available, and thus failed to give the plaintiff the information

required to make informed choices concerning medical care.

3. As a result of those failures, the defendant UNITED

STATES OF AMERICA, through the conduct of its agents, servants

and/or employees was negligent and careless in the treatment that

was rendered to plaintiff, PAUL GURDAK and did deviate from

accepted standards in rendering said care, as a result of which

plaintiff PAUL GURDAK sustained serious, painful and permanent

injuries, was caused to endure great pain and suffering, will in

the future lose large sums of money for wages, and will in the

future be obliged to expend large sums of money for medical care

and attention.

WHEREFORE, plaintiff demands judgment against the defendant,

together with interest and costs of suit.

CERTIFICATION

I hereby certify that this matter is not the subject of any

other action pending in any Court or a pending Arbitration

proceeding, nor is any other action or Arbitration proceeding

contemplated. All parties known to plaintiff at this time who

should have been joined in this action, have been joined.

BLUME, GOLDFADEN, BERKOWITZ,

DONNELLY, FRIED & FORTE, P.C.

By: /S/ Mitchell J. Makowicz, Jr.

MITCHELL J. MAKOWICZ, JR.

DATED: December 16, 2010 

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