On September 12, 2016 a
Motion-Secondary
was filed
involving a dispute between
Cheryl Kausner,
Thomas Kausner,
and
Andrew Cappuccino M.D.,
Buffalo Spine Surgery, Pllc,
Eastern Niagara Hospital, Inc.,
Eastern Niagara Radiology And Nuclear Medicine Associates Pc,
Eric Dean Rpa-C,
Harnath B. Clerk M.D.,
Harnath B. Clerk, M.D., P.C.,
Robert E. Lutnick M.D.,
for Torts - Medical, Dental, or Podiatrist Malpractice
in the District Court of Niagara County.
Preview
FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 05/07/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF NIAGARA
THOMAS and CHERYL KAUSNER, Hon. Richard C. Kloch, Sr., JSC
Individually and as Husband and Wife,
Plaintiffs,
-vs- AFFIDAVIT
BUFFALO SPINE SURGERY, PLLC Index No. El 59518/2016
ANDREW CAPPUCCINO, M.D.
ERIC DEAN, RPA-C
HARNATH B. CLERK, M.D., P.C.
HARNATH B. CLERK, M.D.
EASTERN NIAGARA HOSPITAL
ROBERT E. LUTNICK, M.D.
EASTERN NIAGARA RADIOLOGY AND
NUCLEAR MEDICINE ASSOCIATES, P.C.
Defendants.
STATE OF NEW YORK )
COUNTY OF ) SS:
Christina Delgado, R.N., being duly sworn, deposes and says:
1. That I am a Registered Professional Nurse licensed by the State of New York. I have
been shown an Operative Record, Pre-Transfusion Checklists and Eastern Niagara Hospital
Laboratory Unit Issue Cards, dated 9/1/2015 for a patient by the name of Thomas Kausner.
2. I have no recollection of a surgery for this patient on 9/1/2015. The records indicate
that I assisted by obtaining two units of blood from the Blood Bank and delivered them to the
Anesthesia provider. I was the second witness on the units of blood. The Anesthesia provider also
verifies that the units of blood are the correct ones for the patient.
3. I am not an employee of Eastern Niagara Hospital. I am a traveling nurse. I have done
hundreds of cases and have traveled to multiple operating rooms since 2015. In the current health
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FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 05/07/2021
crisis in this country there is a critical need for my services.
4. Because of the passage of time, five and one-half years, there is nothing that I can add
to the fact that my name appears in this record.
5. I have no knowledge of a surgery involving a patient by the name of Thomas
Kausner. I have no knowledge of what occurred during any such surgery or how much blood loss,
if any, occurred during any such surgery.
6. Because of the critical need for my services at other locations due to the health crisis
in this country and the necessity of travel to obtain and maintain that employment, I ask that I be
excused from having to appear and spend a day or more explaining that I have no knowledge of this
surgery.
Delgad6;'
Christina .N.
Sworn to before me this
day of . 2021.
ry Public
B'
JOP MAPK GRUBER
Cem.sson res March 30, 20
My p
2 of 2
Document Filed Date
May 07, 2021
Case Filing Date
September 12, 2016
Category
Torts - Medical, Dental, or Podiatrist Malpractice
Status
Disposed-Court Date/Application Pending
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FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 05/07/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF NIAGARA THOMAS and CHERYL KAUSNER, Hon. Richard C. Kloch, Sr., JSC Individually and as Husband and Wife, Plaintiffs, -vs- AFFIDAVIT BUFFALO SPINE SURGERY, PLLC Index No. El 59518/2016 ANDREW CAPPUCCINO, M.D. ERIC DEAN, RPA-C HARNATH B. CLERK, M.D., P.C. HARNATH B. CLERK, M.D. EASTERN NIAGARA HOSPITAL ROBERT E. LUTNICK, M.D. EASTERN NIAGARA RADIOLOGY AND NUCLEAR MEDICINE ASSOCIATES, P.C. Defendants. STATE OF NEW YORK ) COUNTY OF ) SS: Christina Delgado, R.N., being duly sworn, deposes and says: 1. That I am a Registered Professional Nurse licensed by the State of New York. I have been shown an Operative Record, Pre-Transfusion Checklists and Eastern Niagara Hospital Laboratory Unit Issue Cards, dated 9/1/2015 for a patient by the name of Thomas Kausner. 2. I have no recollection of a surgery for this patient on 9/1/2015. The records indicate that I assisted by obtaining two units of blood from the Blood Bank and delivered them to the Anesthesia provider. I was the second witness on the units of blood. The Anesthesia provider also verifies that the units of blood are the correct ones for the patient. 3. I am not an employee of Eastern Niagara Hospital. I am a traveling nurse. I have done hundreds of cases and have traveled to multiple operating rooms since 2015. In the current health 1 of 2 FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 199 RECEIVED NYSCEF: 05/07/2021 crisis in this country there is a critical need for my services. 4. Because of the passage of time, five and one-half years, there is nothing that I can add to the fact that my name appears in this record. 5. I have no knowledge of a surgery involving a patient by the name of Thomas Kausner. I have no knowledge of what occurred during any such surgery or how much blood loss, if any, occurred during any such surgery. 6. Because of the critical need for my services at other locations due to the health crisis in this country and the necessity of travel to obtain and maintain that employment, I ask that I be excused from having to appear and spend a day or more explaining that I have no knowledge of this surgery. Delgad6;' Christina .N. Sworn to before me this day of . 2021. ry Public B' JOP MAPK GRUBER Cem.sson res March 30, 20 My p 2 of 2