SBP: 20106/awk Scott B. Piekarsky, Esq. (026161986) Piekarsky Associates, LLC 191 Godwin Avenue Suite 9 Wyckoff, NJ 07481 Attorneys for Plaintiffs: Short Hills Associates In Clinical Barry Helfmann, Psy.D., Elissa Savrin, Aynn Hartman, and Terence Kearse, Short Hills Associates In Clinical Barry Hel?nann, Psy.D., Elissa Savrin, Aynn Hartman, and Terence Kearse, Plaintiffs, V. Rothbard Rothbard Kohn Kellar, Jeffrey M. Rothbard, Esq., Christopher J. Kellar, Esq. and James F. Vislosky, Esq. Defendants, f' L: SUPERIOR COURT OF NEW JERSEY LAW DIVISION: UNION COUNTY 30 5 6 - 6 CIVIL ACTION LEGAL MALPRACTICE COMPLAINT AND JURY DEMAND Plaintiffs Short Hills Associates in Clinical Barry Helfmann, Psy.D., Elissa Savrin, Aynn Hartman, and Terence Kearse, with of?ces in the Township of Spring?eld, County of Union and State of New Jersey by way of complaint against Defendants Rothbard Rothbard Kohn Kellar, Jeffrey M. Rothbard, Esq., Christopher J. Kellar, Esq. and James F. Vislosky, Esq. with of?ces in the City of Newark, County of Essex and State of New Jersey allege and say: BACKGROUND 1. Plaintiff Short Hills Associates in Clinical (hereinafter Short Hills Associates) is a private practice located in Spring?eld, New Jersey. 2. Plaintiffs Barry Helfmann, Elissa Savrin, Aynn Hartman, and Terence Kearse, are New Jersey licensed clinical and principals in the subject practice. 10. 11. 12. Defendant Rothbard Rothbard Kohn Kellar (hereinafter Rothbard) is a law ?rm located in Newark, New Jersey that specializes in debt collection with a substantial practice in healthcare collection work. FIRST COUNT Defendants Jeffrey M. Rothbard, Esq, Christopher J. Kellar, Esq. and James F. Vislosky, Esq. are attorneys at law licensed in the State of New Jersey, who are principals in the Rothbard ?rm and whom handled, oversaw and were responsible for the collection work at issue in this case. Plaintiff Short Hills has been utilizing the services of Rothbard for many years to pursue collection of monies due and owing to the practice from patients who received counselling and who failed to pay outstanding charges and invoices. Short Hills would send Rothbard information as to which patients had balances for services provided and would rely upon Rothbard to properly and lawfully pursue and collect the outstanding debt. Unbeknownst to the Plaintiffs, Rothbard?had ?led collection lawsuits with appended invoicing but had failed to redact the former patient?s mental health diagnosis and treatment codes. Short Hills had treated one patient beginning in 2012 through 2014. When the patient?s balance become delinquent, the account was sent over to the Rothbard ?rm for collection. In September of 2014, suit was ?led and served. When the subject patient received the suit papers, it was determined that in addition to bearing the patient?s name, the papers also re?ected the mental health diagnosis and treatment codes. As a result of this discovery, the patient engaged counsel and ?led suit a counterclaim) for invasion of privacy, breach of the privilege, fraud, misrepresentation, etc. The patient had the case transferred from the Special Civil Part to the Law Division and also sought to have the matter certi?ed as a class action. In addition to the Open, public, Superior Court litigation, the patient publicized the matter causing an article to be written and published in the widely distributed and read 13. 14. 15. 16. 17. 18. 19. 20. New York Times, which story was also picked up and published by local neWSpapers, NPR radio, websites, etc. This negative publicity caused substantial economic loss for the practice and principals and damage to the reputation and good standing of the practice and principals. In addition, Plaintiff Helfmann is now the subject of a complaint and investigation by the New Jersey State Board of Examiners. Plaintiff Helfmann is a highly respected clinical and leader with a local and national reputation. He is a past President of the New Jersey Association and is on the Board of the American Group Association. The litigation and negative publicity has damaged Dr. Helfmann?s reputation, practice and income. Ultimately, the underlying litigation was recently settled. However, the Plaintiffs have had to expend inordinate professional time and sums of money to defend themselves in these matters, some of which are still ongoing. The acts/omissions of the Defendants in ?ling the said collection suit without redacting the mental health diagnosis and treatment codes was a deviation from accepted standards of practice which was a substantial factor in the losses incurred by the Plaintiffs. In addition, the acts/omissions of the Defendants is a breach of ?duciary duty to the Plaintiffs which is also a substantial factor in the losses incurred by the Plaintiffs. Finally, the stated acts/omissions of the Defendants is a breach of contract which is a substantial factor in the losses incurred by Plaintiffs. WHEREFORE, Plaintiffs demands judgment against Defendants for: I) Compensatory damages; 2) Attorney?s fees pursuant to Saffer v. 3) Interest; 4) Costs; and 5) Such other relief the court deems proper. PIEKARSKY ASSOCIATES, L.L.C. Attorneys for Plaintiffs: Short Hills Associates In Clinical Barry Helfmann, Psy.D., Elissa Savrin, Ayn: tman, and Terence Kearse, DATED: September ?1 2016 TRIAL DESIGNATION Pursuant to 3; 4225-4, SCOTT B. is hereby designated as trial counsel. JURY DEMAND Plaintiffs hereby demand a trial by jury as to all issues so triable. CERTIFICATIONS In accordance with Rule 4:5?1, we hereby certify that the matter in controversy is notrthe subject of any other action pending in any Court or of a pending arbitration proceeding. We also hereby certify that at this time, there are no other parties who should be joined to the action. I certify that con?dential personal identifiers have been redacted from documents now submitted to the court, and will be redacted from all documents submitted in the ?lture in accordance with Rule PIEKARSKY ASSOCIATES, L.L.C. Attorneys for Plaintiffs: Short Hills Associates In Clinical Barry Helfmann, Psy.D., Elissa Savrin, Ayn artman, a "fare cc Kearse, DATED: September 7 2016 Appendix XII-B1 FOR USE BY OFFICE ONLY CIVIL CASE INFORMATION STATEMENT gm. (CIS) NO. Use for initial Law Division Avoum: Civil Part pleadings (not motions) under Rule 4:5-1 Pleading will be rejected for filing, under Rule OVERPAYMENTZ if information above the black bar is not completed or attorney?s signature is not affixed BATCH NUMBER: SE NAME TELEPHONE NUMBER COUNTY OF VENUE Scott B. Piekarsky. Esq. (201) 560-5000 Union FIRM NAME (if applicable) KE ble .1 Piekarsky Associates, LLC ijN .1. 5 OFFICE ADDRESS DOCUMENT TYPE 191 Godwin Avenue, Suite 9 Complaint Wyckoff, NJ 07481 JURY DEMAND I YES El No NAME OF PARTY John Doe, Plaintiff) CAPTION Short Hills Associates in Clinical Short Hills Associates in Clinical Helfmann, Psy.D.. Elissa Berry Helfmann. Psy.D.. Savrin, Aynn Hartman, Ph. D. and Terence Kearse, V. Ellssa Savrin, etc. als Rothbard, Rothbard, Kohn KeIIar, Jeffrey M. Rothbard. Esq.. etc. CASE TYPE NUMBER HURRICANE SANDY (See reverse side for listing) IS THIS A PROFESSIONAL MALPRACTICE YOU HAVE CHECKED SEE N.J.S.A. A -27 AND APPLICABLE CASE LAW REGARDING YOUR OBLIGATION TO FILE AN AFFIDAVIT OF MERIT. RELATED CASES IF YES. LIST DOCKET NUMBERS El YES I No Do YOU ANTICIPATE ADDING ANY PARTIES NAME OF PRIMARY INSURANCE COMPANY (if known) (arising out of same transaction or occurrence)? NONE El YES I NO I UNKNOWN THE INFORMATION PROVIDED ON THIS FORM CANNOT BE INTRODUCED INTO EVIDENCE. CASE CHARACTERISTICS FOR PURPOSES OF DETERMINING IF CASE IS APPROPRIATE FOR MEDIATION DO PARTIES HAVE A CURRENT, PAST OR IF YES. IS THAT RELATIONSHIP: RECURRENT EMPLOYERIEMPLOYEE El FRIENDINEIGHBOR El OTHER (explain) I YES No FAMILIAL I BUSINESS DOES THE STATUTE GOVERNING THIS CASE PROVIDE FOR PAYMENT OF FEES BY THE LOSING I YES No USE THIS SPACE TO ALERT THE COURT TO ANY SPECIAL CASE CHARACTERISTICS THAT MAY WARRANT INDIVIDUAL MANAGEMENT OR ACCELERATED DISPOSITION Do You OR YOUR CLIENT NEED ANY DISABILITY IF YES, PLEASE IDENTIFY THE REQUESTED ACCOMMODATION I YES I No WILL AN INTERPRETER BE IF YES. FOR WHAT El YES I No I certify that confidential are 13! identifiers have as edacted from documents now submitted to the court. and will be redacted from all docum ts. . -bmi ted i ?ne futr iI Hit}; Rule 1 Iiif?vl II Effective12?07?2015, CN 10517-English page 1 of 2 CIVIL CASE INFORMATION STATEMENT (CIS) Use for initial pleadings (not motions) under Rule 425-1 CASE TYPES (Choose one and enter number of case type in appropriate space on the reverse side.) Track I - 150 days' discovery 151 NAME CHANGE 175 FORFEITURE 302 TENANCY 399 REAL PROPERTY (other than Tenancy, Contract. Condemnation, Complex Commercial or Construction) 502 BOOK ACCOUNT (debt collection matters only) 505 OTHER INSURANCE CLAIM (including declaratoryjudgment actions) 506 PIP COVERAGE 510 UM or UIM CLAIM (coverage issues only) 511 ACTION ON NEGOTIABLE INSTRUMENT 512 LEMON LAW 801 SUMMARY ACTION 802 OPEN PUBLIC RECORDS ACT (summary action) 999 OTHER (brie?y describe nature of action) Track II - 300 days' discovery 305 CONSTRUCTION 509 EMPLOYMENT (other than CEPA or LAD) 599 TRANSACTION 603N AUTO NEGLIGENCE - PERSONAL INJURY (non-verbal threshold) 603Y AUTO NEGLIGENCE - PERSONAL INJURY (verbal threshold) 605 PERSONAL INJURY 610 AUTO NEGLIGENCE - PROPERTY DAMAGE 621 UM or UIM CLAIM (includes bodily injury) 699 TORT OTHER Track - 450 days' discovery 005 CIVIL RIGHTS 301 CONDEMNATION 602 ASSAULT AND BATTERY 604 MEDICAL MALPRACTICE 606 PRODUCT LIABILITY 607 PROFESSIONAL MALPRACTICE 608 TOXIC TORT 609 DEFAMATION 616 WHISTLEBLOWER I CONSCIENTIOUS EMPLOYEE PROTECTION ACT (CEPA) CASES 617 INVERSE CONDEMNATION 618 LAW AGAINST DISCRIMINATION (LAD) CASES Track IV - Active Case Management by Individual Judge I 450 days' discovery 156 ENVIRONMENTAUENVIRONMENTAL COVERAGE LITIGATION 303 MT. LAUREL 508 COMPLEX COMMERCIAL 513 COMPLEX CONSTRUCTION 514 INSURANCE FRAUD 620 FALSE CLAIMS ACT 701 ACTIONS IN LIEU OF PREROGATIVE WRITS Multicounty Litigation (Track IV) 271 ACCUTANEIISOTRETINOIN 290 POMPTON LAKES ENVIRONMENTAL LITIGATION 274 RISPERDAUSEROQUELIZYPREXA 291 PELVIC MESHIGYNECARE 278 ZOMETAIAREDIA 292 PELVIC 279 GADOLINIUM 293 DEPUY ASR HIP IMPLANT LITIGATION 281 BRISTOL-MYERS SQUIBB ENVIRONMENTAL 295 ALLODERM REGENERATIVE TISSUE MATRIX 282 FOSAMAX 296 REJUVENATEIABG ll MODULAR HIP STEM COMPONENTS 285 TRIDENT HIP IMPLANTS 297 MIRENA CONTRACEPTIVE DEVICE 286 LEVAQUIN 299 OLMESARTAN MEDOXOMIL MEDICATIONSIBENICAR 287 300 TALC-BASED BODY POWDERS 288 PRUDENTIAL TORT LITIGATION 601 ASBESTOS 289 REGLAN 623 PROPECIA If you believe this case requires a track other than that provided above. please Indicate the reason on Side 1. in the space under "Case Characteristics. Please check off .each applicable category Putative Class Action El Title 59 Effective12-07-2015, CN 10517-English page 2 of 2