FILED: DUTCHESS COUNTY CLERK 07/21/2022 11:17 AM INDEX NO.

2021-52388
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/21/2022

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF DUTCHESS
..__________----------__________________-----____------________

VINCENT COLLINS and CATHLEEN COLLINS, VERIFIED

SECOND
Plaintiffs, AMENDED
COMPLAINT

-against- Index No.: 2021-52388

JOSHUA R. RINALDI, D.C., and INTEGRATIVE HEALTH,

LLC d /a AMPLIFY CHIROPRACTIC & WELLNESS,

Defendants.

Plaintiffs by their attorneys, WISELL & McGEE, L.L.P., complaining of the

above-named defendants, sets forth and alleges as follows upon information and belief:

AS AND FOR A FIRST CAUSE OF ACTION AGAINST

JOSHUA R. RINALDI, D.C. and INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY
CHIROPRACTIC & WELLNESS FOR NEGLIGENCE AND MALPRACTICE

FIRST: That at all times herein mentioned, plaintiff, VINCENT COLLINS, was

a resident of the County of Dutchess, State of New York.

SECOND: That at all times hereinafter mentioned, defendant, JOSHUA R.

RINALDI, D.C., was and is a chiropractor duly licensed to practice chiropractic medicine in the

State of New York.

THIRD: Upon information and belief, that at all times hereinafter mentioned, the

defendant, JOSHUA R. R1NALDI, D.C., did operate a chiropractic and wellness practice located

at 695 Dutchess Turnpike, Suite 202, Poughkeepsie, NY 12603.

FOURTH: That at all times hereinafter mentioned, the defendant, JOSHUA R.

RINALDI, D.C., held himself out to the general public as a provider of chiropractic care,

Class IV Laser Therapy, Graston Manual Therapy, Active Release Therapy, Rapid Release

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Therapy, cupping, rock tape, fitness, nutrition, spinal manipulation, treatment of scar tissue and

fibrosis and injury rehabilitation to patients in accordance with good and accepted standards and

practice of chiropractic medicine and public health.

FIFTH: That at all times hereinafter mentioned, defendant INTEGRATIVE

HEALTH, LLC was and is a limited liability company, licensed to conduct business in the State

of New York.

SIXTH: Upon information and belief, that at all times hereinafter mentioned,

defendant INTEGRATIVE HEALTH, LLC, owned, operated, maintained, controlled and did

business as AMPLIFY CHIROPRACTIC & WELLNESS.

SEVENTH: Upon information and belief, that at all times hereinafter mentioned,

the defendant, JOSHUA R. RINALDI, D.C., possessed privileges to practice chiropractic

medicine at the office of INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC &

WELLNESS.

EIGHTH: Upon information and belief, that at all times hereinafter mentioned,

the defendant, INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC &

WELLNESS, did operate a medical and chiropractic practice located at 695 Dutchess Turnpike,

Suite 202, Poughkeepsie, NY 12603.

NINTH: That at all times hereinafter mentioned, the defendant, INTEGRATIVE

HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, held itself out to the general

public as providing chiropractic care, Class IV Laser Therapy, Graston Manual Therapy, Active

Release Therapy, Rapid Release Therapy, cupping, rock tape, fitness, nutrition, spinal

manipulation, treatment of scar tissue and fibrosis and injury rehabilitation to patients in

accordance with the good and accepted standards and practices of medicine and public health,

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and in providing a medical staff that was skillful, careful and competent to perform medical

services thereat.

TENTH: That at all times hereinafter mentioned, the defendant, INTEGRATIVE

HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, was privately owned and

maintained.

ELEVENTH: That at all times hereinafter mentioned, defendant JOSHUA R.

RINALDI, D.C., was a chiropractor in the employ of INTEGRATIVE HEALTH, LLC d/b/a

AMPLIFY CHIROPRACTIC & WELLNESS.

TWELFTH: That at all times hereinafter mentioned, the defendant, JOSHUA R.

RINALDI, D.C., was a chiropractor practicing medicine and chiropractic care at INTEGRATIVE

HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS.

THIRTEENTH: That at all times hereinafter mentioned, the defendant,

INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, by its

agents, servants and/ or employees, owned, operated, maintained, supervised and controlled the

aforesaid medical and chiropractic facility.

FOURTEENTH: That at all times hereinafter mentioned, and specifically on

March 3, 2021, plaintiff became a patient of defendants, JOSHUA R. RINALDI, D.C. and

INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, at their

office located at 695 Dutchess Turnpike, Suite 202, Poughkeepsie, NY 12603.

FIFTEENTH: That at all times hereinafter mentioned and specifically on March

3, 2021, this plaintiff was accepted by the defendants, JOSHUA R. RINALDI, D.C. and

INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, as a

patient.

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SIXTEENTH: That at all times hereinafter mentioned, and specifically on March

3, 2021, plaintiff presented to defendants, JOSHUA R. RINALDI, D.C. and INTEGRATIVE

HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, with complaints of right

shoulder pain.

SEVENTEENTH: That at all times hereinafter mentioned, and specifically on

March 3, 2021, plaintiff was treated by defendants, JOSHUA R. RINALDI, D.C. and

INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS, as a

patient.

EIGHTEENTH: That at all times hereinafter mentioned, and specifically on

March 3, 2021, defendant, JOSHUA R. RINALDI, D.C., performed a chiropractic adjustment of

"y-strap"
the plaintiff s lower back and a chiropractic maneuver on the plaintiff s neck.

NINETEENTH: That while this plaintiff was a patient of the defendants, the

defendant, JOSHUA R. RINALDI, D.C. rendered improper medical and chiropractic care and

treatment to the plaintiff, VINCENT COLLINS.

TWENTIETH: That the defendant, JOSHUA R. RINALDI, D.C., failed to render

proper medical and chiropractic care and treatment to plaintiff, VINCENT COLLINS, in that he

was negligent, careless, reckless and departed from proper medical and chiropractic practices in

that his actions constituted malpractice: by causing a traumatic brain injury and subdural

"y-strap"
hematoma; in improperly performing a adjustment on plaintiff; by failing to properly

heed the patient's signs, symptoms, and complaints; by failing to recognize the plaintiff s clinical

presentation and complaints; by manipulating plaintiff in a manner that caused injury to him; in

failing to provide proper medical and chiropractic care as indicated by the plaintiff s history; in

failing to provide proper medical and chiropractic treatment to the plaintiff; in failing to properly

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examine, diagnose, and appropriately treat the plaintiff in accordance with accepted policies and

protocols; in failing to timely and fully examine the plaintiff; in failing to have and document a

"y-strap"
clinical basis for treating plaintiff's cervical spine with a adjustment; in failing to

perform a physical examination prior to administering treatment; in failing, neglecting and

omitting to exercise use and employ that degree of knowledge, skill, care and diligence

commonly and ordinarily possessed by and required of chiropractors in the locality where the

defendant practiced and was located as aforesaid; and that in addition to or in the alternative to

all of the aforesaid and hereinafter mentioned acts of specific negligence and malpractice,

negligence and malpractice existed hereinunder and by virtue of the Doctrine of Res Ipsa

Loquitur and that in general the defendant failed to use that degree of care and caution warranted

under all of the surrounding circumstances.

TWENTY-FIRST: That the defendant, INTEGRATIVE HEALTH, LLC d/b/a

AMPLIFY CHIROPRACTIC & WELLNESS, failed to render proper medical and chiropractic

care and treatment to plaintiff, VINCENT COLLINS, in that they were negligent and departed

from proper medical and chiropractic practices in that their actions constituted malpractice: by

failing to supervise JOSHUA R. RINALDI, D.C.; by failing to properly train JOSHUA R.

RINALDI, D.C.; by failing to monitor JOSHUA R. RINALDI, D.C.; by failing to oversee the

treatment performed by JOSHUA R. RINALDI, D.C.; by causing a traumatic brain injury and

subdural hematoma; by failing to provide proper medical and chiropractic care as indicated by

the plaintiff's history; in failing to provide proper medical and chiropractic treatment to the

plaintiff; in failing to properly examine, diagnose, and appropriately treat the plaintiff in

accordance with accepted policies and protocols; by failing to timely render proper medical and

chiropractic care; in failing, neglecting and omitting to exercise use and employ that degree of

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knowledge, skill, care and diligence commonly and ordinarily possessed by and required of

medical offices in the locality where the defendant practiced and was located as aforesaid; in

performing various services in connection with the care and treatment of this plaintiff without

proper and/or adequate personnel, supervision and assistance; and that the defendant failed to use

that degree of care and caution warranted under all of the surrounding circumstances, among

other acts and/or omissions.

TWENTY-SECOND: That all of the aforesaid medical and chiropractic

negligence of the defendants occurred without any negligence on the part of the plaintiff

contributing thereto.

TWENTY-THIRD: That solely by reason of the negligence, and malpractice and

departures from good and accepted medical and chiropractic practice, plaintiff, VINCENT

COLLINS was caused to suffer a traumatic brain injury with right subdural hemorrhage and a

right subdural hematoma, requiring an emergency craniotomy.

TWENTY-FOURTH: That solely by reason of the aforesaid negligence and

malpractice of the defendants, the plaintiff became sick, sore, lame and disabled, suffered

serious, severe and permanent personal injuries, still suffers and will continue to suffer for some

time, great mental and physical pain, mental anguish, bodily injuries, emotional distress, loss of

enjoyment of life, and that plaintiff has been informed and verily believes that future suffering

will exist and will be permanent with permanent pain, discomfort, inconvenience and other

symptoms, signs and effects.

TWENTY-FIFTH: That solely by reason of the aforesaid, this plaintiff was unable

to attend to said plaintiff's usual duties for sometime; upon information and belief said plaintiff

will be unable to do so or limited from doing so permanently or for sometime in the future.

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TWENTY-SIXTH: That as a result of the foregoing, plaintiff demands judgment

against the defendants in an amount that exceeds the jurisdictional sum of all lower courts.

AS AND FOR A SECOND CAUSE OF ACTION AGAINST

JOSHUA R. RINALDI, D.C. and INTEGRATIVE HEALTH, LLC d/b/a AMPLIFY
CHIROPRACTIC & WELLNESS
FOR LACK OF INFORMED CONSENT

TWENTY-SEVENTH: Plaintiff repeats, realleges and reiterates each and every

allegation contained in all previous paragraphs with the same force and effect as if fully set forth

at length herein.

TWENTY-EIGHTH: Upon information and belief, that at all times herein

mentioned, defendants, JOSHUA R. RINALDI, D.C. and INTEGRATIVE HEALTH, LLC d/b/a

AMPLIFY CHIROPRACTIC & WELLNESS, their agents, servants, and/or employees, failed to

disclose to plaintiff, VINCENT COLLINS, the alternatives to and the reasonably foreseeable

risks and benefits of the medical and chiropractic treatment hereinbefore mentioned as

reasonable medical practitioners under similar circumstances would have disclosed, in a manner

permitting him to make a knowledgeable evaluation; failed to disclose the risks and hazards of

the medical and chiropractic treatment hereinbefore set forth in a manner that would have

permitted the plaintiff to make a knowledgeable decision regarding the treatment, and had the

defendant disclosed the alternatives to and the risks and benefits of said treatment, plaintiff, as a

reasonable person, would not have undergone said treatment; and the failure of the defendant, it's

agents, servants, and/or employees, to obtain written and/or verbal informed consent from the

plaintiff was a proximate cause of the injuries sustained by plaintiff, VINCENT COLLINS, and

that in failing to obtain plaintiff's informed consent in the manner set forth above, defendant and

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it's agents, servants, and/or employees, violated the provisions of Public Health Law, Section

2805-d (1) and (3).

TWENTY-NINTH: That solely by reason of the negligence, malpractice and

departures from good and accepted medical and chiropractic practice, plaintiff, VINCENT

COLLINS was caused to suffer a traumatic brain injury with right subdural hemorrhage and a

right subdural hematoma, requiring an emergency craniotomy.

THIRTIETH: That solely by reason of the aforesaid negligence and malpractice of

the defendants, the plaintiff became sick, sore, lame and disabled, suffered serious, severe and

permanent personal injuries, still suffers and will continue to suffer for some time, great mental

and physical pain, mental anguish, bodily injuries, emotional distress, loss of enjoyment of life,

and that plaintiff has been informed and verily believes that future suffering will exist and will be

permanent with permanent pain, discomfort, inconvenience and other symptoms, signs and

effects.

THIRTY-FIRST: That solely by reason of the aforesaid, this plaintiff was unable

to attend to said plaintiff's usual duties for sometime; upon information and belief said plaintiff

will be unable to do so or limited from doing so permanently or for sometime in the future.

THIRTY-SECOND: That as a result of the foregoing, plaintiff demands

judgment against the defendants in an amount that exceeds the jurisdictional sum of all lower

courts.

THIRTY-THIRD: That one or more of the exceptions enumerated in CPLR

Article 16 applies to this case.

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AS AND FOR A THIRD CAUSE OF ACTION AGAINST

JOSHVA R. RINALDI, D.C. and INTEGRATIVE HEALTH, LLC
4/b/a AMPLIFY CHIROPRACTIC & WELLNESS
ON BEHALF OF CATHLEEN COLLINS

THIRTY-FOURTH: Plaintiffs repeat, reallege and reiterate each and every

allegation contained in all previous paragraphs with the same force and effect as if fully set forth

at length herein.

THIRTY-FIFTH: That at all times hereinafter mentioned, plaintiff, CATHLEEN

COLLINS was and still is the lawful wife of plaintiff, VINCENT COLLINS and as such

cohabited together with him and she was entitled to the services, society, enjoyment,

companionship, comfort, support and consortium of her husband.

THIRTY-SIXTH: That solely by reason of the negligence, carelessness and

malpractice of the defendants, plaintiff, CATHLEEN COLLINS has been deprived of the

services, society, enjoyment, companionship, comfort, support and consortium of her husband

and such loss is continuing into the future, and she has been compelled to incur hospital and

medical expenses on her husband's behalf and such expenses are continuing into the future, all to

her damage.

THIRTY-SEVENTH: By reason of the foregoing, plaintiff, CATHLEEN

COLLINS has been damages in a sum which exceeds the jurisdictional limits of all lower courts

which would otherwise have jurisdiction.

THIRTY-EIGHTH: This action falls within one or more exceptions to Article 16

of the C.P.L.R.

WHEREFORE, plaintiff demands that all claims be tried before a jury; that

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Judgment be entered in plaintiff's favor and against the defendants in order to deter wrongful

behavior, ensure and encourage socially responsible behavior, establish safe community

standards, and compensate the plaintiff in an amount deemed just and fair; that Judgment for

punitive damages be awarded; and that all costs be taxed to the defendant.

Dated: Kew Gardens, New York

July 21, 2022

V ry ly ours,

IS L & McGEE, L.L.P.

A rne s or Plaintiff

8 -02 K Gardens Road, Suite 307

ew Gardens, New York 11415

(718) 544-0041

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF DUTCHESS
.--------------------------------------------------------------

VINCENT COLLINS and CATHLEEN COLLINS,

Plaintiffs, ATTORNEY'S
VERIFICATION

-against-

Index No.: 2021-52388

JOSHUA R. RINALDI, D.C. and INTEGRATIVE HEALTH,

LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS,

Defendants.

STATE OF NEW YORK )

) ss.:
COUNTY OF QUEENS )

I, the undersigned, an attorney admitted to practice law in the courts of New York

State, state that I am, the attorney of record for the plaintiffs in the within action; I have read the

foregoing Second Amended Complaint and know the contents thereof; the same is true to my own

knowledge, except as to those matters therein stated to be alleged on information and belief, and as

to those matters I believe them to be true. The reason this verification is made by me and not by

plaintiffs is that plaintiffs are not in the county in which your affirmant maintains her office.

The grounds of my belief as to all matters not stated upon my own knowledge are as

follows: Information contained in file.

I affirm that the foregoing statements are true under the penalties of perjury.

Dated: Kew Gardens, New York

July 21, 2022

Y M. McGEE

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SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF DUTCHESS

VINCENT COLLINS and CATHLEEN COLLINS,

Plaintiffs, CERTIFICATE OF
MERIT

-against-

Index No.: 2021-52388

JOSHUA R. RINALDI, D.C. and INTEGRATIVE HEALTH,

LLC d/b/a AMPLIFY CHIROPRACTIC & WELLNESS,

Defendants.

I, NANCY M. McGEE, an attorney duly licensed to practice law in the State of

New York, certify the following to be true, pursuant to Section 3012-a of New York Civil

Practice Law and Rules:

1. That I am the attorney for the plaintiffs herein, and am fully familiar with all the facts and

circumstances giving rise to the above entitled action.

2. That I have reviewed the facts and circumstances of this case with a physician duly licensed

to practice medicine in the State of New York. That I verily believe that the aforesaid physician is

knowledgeable in the relevant issues involved in this particular action.

3. That I have concluded on the basis of the aforesaid review and consultation, there is a

reasonable basis for the commencement of this action.

Dated: Kew Gardens, New York

July 21, 2022

M. Mc EE

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