On September 12, 2016 a
Exhibit,Appendix
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. 202 RECEIVED NYSCEF: 05/07/2021
1 (STIPULATIONS: Waive filing of the
2 transcript, waive Oath of the Referee,
3 reserve all objections until. trial, with
4 exception of objections as to form.)
. 5
:os 6 THE C'OURT REPORTER: Usual stipulations,
:09 7 Counsel?
lo 8 MR. McCARTHY: We'll read and sign.
is 9 MR. FITZGERALD: If the witness doesn't do
:17 10 that within 60 days, it's waived?
:20 11 MR. McCARTHY: Yes.
:23 12 THE COURT REPORTER: Counsel?
:23 13 MR. LARRABEE: Yes.
:25 14 MS. GASIEWICZ: Yes.
:2s 15 THE COURT REPORTER: And usual-split and
:27 16 Supply ?
:29 17 MR. FITZGERALD: Yes.
:30 18 t MS. GASIEWICZ: Yes.
:30 19 MR. LARRABEE: Yes.
:z 20 . .
2:4s 21 K I M R. C A R E R I, R.N. , 5014 Lower Mountain
2:54 22 Road, Lockport, New York 14094, after being duly
2:s4 23 called and sworn, testified as follows:
JACK N . HUNT & ASSOCIATES, INC.
1120 Liberty Building
Buffalo, Mew York 14202 - ( 716) 853 -5600
FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021
Careri, R.N. - Fi t zgeral d - 8/15/18
12
57 1 September 2015?
2 A. nurse is -- we just
se Circulating
3 document our -- what goes -- what we.use
basically
o8 4 in the OR, times we're going to the OR, procedure,
13 5 people present in the OR at the time, counts,
18 6 surgical counts before, during, and after. And
25 7 basically getting supplies as needed during the
2s 8 surgery.
. :31 9 Q. All right. In terms of documenting
:36 10 what's used in the surgery, .what does that involve?
:39 11 A. Equipment used, medications given in
as 12 the field to the surgical tech, which then gives to
as 13 the doctor. Positioning. Who is doing what.
57 14 That's basically that.
:03 15 . Q. In terms of meds given to
documenting
10 16 the surgical tech, how does that work?
:13 17 A. I guess I don't understand the
:18 18 question.
18 19 Q. Well, how do you know what to give to
22 20 the surgical tech and --
226 21 A. The doctor will - -
2:26 22 Q. -- then how do you --
2:30 23 A. -- ask I need this and I need that.
JACK W. HUNT & ASSOCIATES, INC .
1120 Liberty Buil.ding
uffalo, new York 14202 - (716) 853-5600
FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021
Careri , R.N. - Fitzgerald - 8/15/18
100
1 indicates five surgeries for Dr. Cappuccino. Okay.
2 The first three in operating room number 2, the
3 fourth in number 1, the fifth in number 2.
4 Now, we know that you're the circulating
5 nurse in Mr. Kausner's. Do you know if you were
6 the circulating nurse for any of these others?
7 A. I don't know.
8 Q. Okay. What was your shift? Did you
9 have a particular time or a shift on September 1,
10 2015?
11 A. What time was that surgery?
12 Q. This one would be at 10:25 a.m.
13 A. I was probably 7:00 to 3:00.
14 Q. Okay. And so if it was a typical day
15 and you were working a typical shift 7:00 a.m. to
16 3:00 p.m. --
17 A. Correct.
18 Q. -- and at that would
looking schedule,
19 you have been involved in the first two that are
q 20 shown on the s-chedule?
21 MR. McCARTHY: Form.
22 THE WITNESS: Not usually. Usually they
23 have two other teams.
JACK W. HUNT & ASSOCIATES, INC.
1120 LLberty Building
Buffalo, Ne w York 14202 - (216) 853-5600
FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021
Careri, R.R. - Fitzgerald - 8/15/18
116
A. We're in room 1. She would be -- in
room 1, she would be at the foot of the bed off to
the side of the room.
Q. Foot and towards the left side of the
patient or right side?
A. Left side of the patient.
Q. And where are you as a circulating
nurse?
A. I'm in the back of the room --
Q. Are you --
A. -- towards the foot of the patient.
Q. You are within earshot of Dr. Cappuccino?
A. Yes.
..
Q. Where is the anesthesiologist?
5 A. Right of the head.
Q. And did -- both you and Christine
7 Delgado were there?
8 A. Yes.
Q. Where is Christine Delgado?
were-
0 . A. We both in the back of the rooin.
1 That's where our supplies are.
2 Q. These things that you get, like the
3 different clotting products that you got in the
JACK W. HUNT & ASSOCIATES, 1NC.
1120 Liberty Building
Buffalo, New York 142O2 - (716) 853-5600
FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021
Careri, R.N. - Fitzgerald - 8/15/18
140
Q. .This record, page 192, indicates that
he was transfused what?
A. He was given a unit of blood, yes.
Q. One unit of packed red blood cells?
A. Correct.
Q. And on page 192, we see that it's
7 Christine Delgado who goes and gets that blood
8 correct?
9 A. On 192?
0 Q. Yes. Page -- I'm page 191 we
sorry,
11 see Delgado, the circulating nurse Delgado, she's
12 to the blood place --
going up
13 A. Right.
14 Q. -- to get the blood? And that
5 transfusion began at 1345, correct?
16 A. Correct.
17 Q. All right. So while she's going to the
18 lab or blood place to get the blood, you're back .in
19 the room, correct?
-
20 A-. Right.
21 Q. Let me show you what's been previously
22 marked as Exhibit 42-A, which is the Buffalo
4 23 Synapse report of neuromonitoring. Have you ever
JACK W. HDNT & ASSOCIATES, INC.
1120 Liberty Building
Buffalo, New York 14202 - (716) 853-5600
Preview
FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021 1 (STIPULATIONS: Waive filing of the 2 transcript, waive Oath of the Referee, 3 reserve all objections until. trial, with 4 exception of objections as to form.) . 5 :os 6 THE C'OURT REPORTER: Usual stipulations, :09 7 Counsel? lo 8 MR. McCARTHY: We'll read and sign. is 9 MR. FITZGERALD: If the witness doesn't do :17 10 that within 60 days, it's waived? :20 11 MR. McCARTHY: Yes. :23 12 THE COURT REPORTER: Counsel? :23 13 MR. LARRABEE: Yes. :25 14 MS. GASIEWICZ: Yes. :2s 15 THE COURT REPORTER: And usual-split and :27 16 Supply ? :29 17 MR. FITZGERALD: Yes. :30 18 t MS. GASIEWICZ: Yes. :30 19 MR. LARRABEE: Yes. :z 20 . . 2:4s 21 K I M R. C A R E R I, R.N. , 5014 Lower Mountain 2:54 22 Road, Lockport, New York 14094, after being duly 2:s4 23 called and sworn, testified as follows: JACK N . HUNT & ASSOCIATES, INC. 1120 Liberty Building Buffalo, Mew York 14202 - ( 716) 853 -5600 FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021 Careri, R.N. - Fi t zgeral d - 8/15/18 12 57 1 September 2015? 2 A. nurse is -- we just se Circulating 3 document our -- what goes -- what we.use basically o8 4 in the OR, times we're going to the OR, procedure, 13 5 people present in the OR at the time, counts, 18 6 surgical counts before, during, and after. And 25 7 basically getting supplies as needed during the 2s 8 surgery. . :31 9 Q. All right. In terms of documenting :36 10 what's used in the surgery, .what does that involve? :39 11 A. Equipment used, medications given in as 12 the field to the surgical tech, which then gives to as 13 the doctor. Positioning. Who is doing what. 57 14 That's basically that. :03 15 . Q. In terms of meds given to documenting 10 16 the surgical tech, how does that work? :13 17 A. I guess I don't understand the :18 18 question. 18 19 Q. Well, how do you know what to give to 22 20 the surgical tech and -- 226 21 A. The doctor will - - 2:26 22 Q. -- then how do you -- 2:30 23 A. -- ask I need this and I need that. JACK W. HUNT & ASSOCIATES, INC . 1120 Liberty Buil.ding uffalo, new York 14202 - (716) 853-5600 FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021 Careri , R.N. - Fitzgerald - 8/15/18 100 1 indicates five surgeries for Dr. Cappuccino. Okay. 2 The first three in operating room number 2, the 3 fourth in number 1, the fifth in number 2. 4 Now, we know that you're the circulating 5 nurse in Mr. Kausner's. Do you know if you were 6 the circulating nurse for any of these others? 7 A. I don't know. 8 Q. Okay. What was your shift? Did you 9 have a particular time or a shift on September 1, 10 2015? 11 A. What time was that surgery? 12 Q. This one would be at 10:25 a.m. 13 A. I was probably 7:00 to 3:00. 14 Q. Okay. And so if it was a typical day 15 and you were working a typical shift 7:00 a.m. to 16 3:00 p.m. -- 17 A. Correct. 18 Q. -- and at that would looking schedule, 19 you have been involved in the first two that are q 20 shown on the s-chedule? 21 MR. McCARTHY: Form. 22 THE WITNESS: Not usually. Usually they 23 have two other teams. JACK W. HUNT & ASSOCIATES, INC. 1120 LLberty Building Buffalo, Ne w York 14202 - (216) 853-5600 FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021 Careri, R.R. - Fitzgerald - 8/15/18 116 A. We're in room 1. She would be -- in room 1, she would be at the foot of the bed off to the side of the room. Q. Foot and towards the left side of the patient or right side? A. Left side of the patient. Q. And where are you as a circulating nurse? A. I'm in the back of the room -- Q. Are you -- A. -- towards the foot of the patient. Q. You are within earshot of Dr. Cappuccino? A. Yes. .. Q. Where is the anesthesiologist? 5 A. Right of the head. Q. And did -- both you and Christine 7 Delgado were there? 8 A. Yes. Q. Where is Christine Delgado? were- 0 . A. We both in the back of the rooin. 1 That's where our supplies are. 2 Q. These things that you get, like the 3 different clotting products that you got in the JACK W. HUNT & ASSOCIATES, 1NC. 1120 Liberty Building Buffalo, New York 142O2 - (716) 853-5600 FILED: NIAGARA COUNTY CLERK 05/07/2021 01:56 PM INDEX NO. E159518/2016 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 05/07/2021 Careri, R.N. - Fitzgerald - 8/15/18 140 Q. .This record, page 192, indicates that he was transfused what? A. He was given a unit of blood, yes. Q. One unit of packed red blood cells? A. Correct. Q. And on page 192, we see that it's 7 Christine Delgado who goes and gets that blood 8 correct? 9 A. On 192? 0 Q. Yes. Page -- I'm page 191 we sorry, 11 see Delgado, the circulating nurse Delgado, she's 12 to the blood place -- going up 13 A. Right. 14 Q. -- to get the blood? And that 5 transfusion began at 1345, correct? 16 A. Correct. 17 Q. All right. So while she's going to the 18 lab or blood place to get the blood, you're back .in 19 the room, correct? - 20 A-. Right. 21 Q. Let me show you what's been previously 22 marked as Exhibit 42-A, which is the Buffalo 4 23 Synapse report of neuromonitoring. Have you ever JACK W. HDNT & ASSOCIATES, INC. 1120 Liberty Building Buffalo, New York 14202 - (716) 853-5600