In Motion No. 009, Claire Pare, Esq. (hereinafter "Pare"), the
former attorney for Dr. Speken in connection with the defense of a
counterclaim asserted against him, also moves, by order to show
cause, for an order apportioning the attorneys’ fee awards in this
In Motion No. 010, plaintiffs move for an order: (1) vacating
and setting aside the General Release on the ground of fraud; (2)
vacating the attorneys’ liens which are associated with the General
Release; and (3) withdrawing the Note of Issue.
On August 21, 1993, Seth Speken was admitted to the Hospital
as a psychiatric patient following a seizure episode. The
emergency services triage report reflects that Seth Speken suffered
from Crohn’s disease, panic attacks and depression. In addition,
the report states that he was recently placed on Elavil by an
outside psychiatrist, that his father was treating him, and that
Dr. Speken had given his son a dose of Bethanachol. Prior to Seth
Speken’s admission, Dr. Speken had treated his son’s panic
disorder. As part of this treatment, he prescribed the drug Xanax
(a benzodiazepine) for Seth Speken. During his stay at the
hospital, Seth Speken allegedly became delusional and delirious.
He was then placed in wrist and ankle restraints. Consequently,
Seth Speken developed an embolism that caused his death.
Subsequently, plaintiffs engaged Thomas R. Moore, Esq.
(hereinafter "Moore") to bring a civil wrongful death action
against the Hospital. Plaintiffs signed the standard statutory
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