injuries contributed in some degree to those injuries. Here, the

defendant's "First, Separate and Distinct Affirmative Defense"

addresses itself to the actions of the representative plaintiffs.

Through this affirmative defense, it is claimed that the actions

of those representative plaintiffs contributed to the personal

injuries and ultimately the death of the plaintiffs' decedent.

     A Verified Bill of Particulars was served on or about

January 16, 1995 (Exhibit C) and a preliminary conference was

held on January 20, 1995 (see Preliminary Conference Order,

attached as Exhibit D)

     Plaintiffs claim that the decedent's death resulted from the

improper use of restraints on the decedent during an admission to

Presbyterian Hospital. Restraints were necessary because the

decedent began to suffer the effects of withdrawal from a class

of psychiatric medications called benzodiazepines. It is

defendant's claim' that decedent became dependent upon

benzodiazepines as a consequence of Dr. Ralph Speken's medical

and psychiatric malpractice, and therefore the use of restraints

would not have been necessary but for Dr. Speken's acts. For a

period of 17 months prior to the decedent's admission to

Presbyterian Hospital, Dr. Ralph H. Speken (a licensed

psychiatrist), regularly provided to, or prescribed for, the

decedent various medications, including benzodiazepines, such

that the decedent became dependent upon benzodiazepines. The

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