Preview
FILED: NASSAU COUNTY CLERK 11/05/2019 01:41 PM INDEX NO. 607047/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 11/05/2019
EXHIBIT B
FILED: NASSAU COUNTY CLERK 11/05/2019 01:41 PM INDEX NO. 607047/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 11/05/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NASSAU
--------------------------------------------------- -------------X
J.F., an infant by GINA FAMA, as Mother and Natural Index No. 607047/2015
Guardian, and GINA FAMA and JOSEPH FAMA,
Individually
Plaintiffs, AFFIRMATION IN
SUPPORT
-against-
IRWIN GOLDSTEIN, M.D., and LONG ISLAND
OB/GYN ASSOCIATES
Defendants.
Moshe Schlusselberg, M.D. affirms and says the following is true, under the penalties of perjury
and pursuant to CPLR 2016:
1. I am a physician licensed to practice medicine in the State of New York. I am Board
Certified in Pediatrics.
2. I am familiar with and have reviewed the qualifications of in the Medical
eligibility
Indenmity Fund, pursuant to N.Y. Public Health Law, Section 2999-h.
3. I have been the infant's pediatrician for several years. I have reviewed the medical
records regarding the infant, from my practice, and last examined him on
GA 4Â LG f fN Î/f. A #4d. ( A:9f
7
4. Based upon review of the records and my own exëui=tions and observations of the
infam, itis my iletermination that he isa "qualified plairitiffas defined by Public
Health Law Section 2999-h, because he suffered a birth related neurological injury as
a result of complications that were encountered during the labor and delivery process,
and he has settled his medical malpractice claims related to those events.
Dated: / / , 2019
ell re New York
oshe Schlussel er , M.D.
FILED: NASSAU COUNTY CLERK 11/05/2019 01:41 PM INDEX NO. 607047/2015
NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 11/05/2019
Public Health Law- Title 4
New York State Medical Indemnity Fund
§2999-h Definitions:
As used in this title,unless the context or subject matter required otherwise:
injury"
1. "Birth-related neurological means an injury to the brain or spinal cord of a live
infant caused by the deprivation of oxygen or mechanical injury occurring in the course
of labor, delivery or resuscitation, or by other medical services provided or not provided
during delivery admission, that rendered the infant with a permanent and substantial
motor iinpairment or with a developñicñtal disability as that term is defined by section
1.03 of the mental hygiene law, or both. This definition shall apply to live biïths only.
"Fund"
2. means the New York State Medical Indemnity Fund.
costs"
3. "Qualifying health care means the future medical, hospital, surgical, nursing,
dental, rehabilitation, habilitation, respite, custodial, durable medial equipment, home
modifications, assistive technology, vehicle modifications, transportation for purposes of
health care related appointments, prescription and non-prescription medications, and
other health care costs actually incurred for services rendered to and supplies utilized by
qualified2plaintiffs, which are necessary to meet their health care needs, as determined by
their treating physicians, physicians assistants, or nurse practitioners and as otherwise
defined by the commissioner in regulation.
plaintiff"
4. "Qualified means every plaintiff or claimant who (i)has been found by a jmy
or court tb have sustained a birth-related neurological injury as a result of the medical
malpractice, or (ii) has sustained a birth-related neurological injury as the result of
alleged niedical malpractice, and has settled his or her lawsuit or claim therefore.
services"
5. Any refe ence to the "department of financial and the "superintendent of
services"
financial in this titleshall mean, prior to October third, two thousand eleven,
insurance" insurance."
respectivély, the "department of and "superiliteñdent or
Preview
FILED: NASSAU COUNTY CLERK 11/05/2019 01:41 PM INDEX NO. 607047/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 11/05/2019 EXHIBIT B FILED: NASSAU COUNTY CLERK 11/05/2019 01:41 PM INDEX NO. 607047/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 11/05/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU --------------------------------------------------- -------------X J.F., an infant by GINA FAMA, as Mother and Natural Index No. 607047/2015 Guardian, and GINA FAMA and JOSEPH FAMA, Individually Plaintiffs, AFFIRMATION IN SUPPORT -against- IRWIN GOLDSTEIN, M.D., and LONG ISLAND OB/GYN ASSOCIATES Defendants. Moshe Schlusselberg, M.D. affirms and says the following is true, under the penalties of perjury and pursuant to CPLR 2016: 1. I am a physician licensed to practice medicine in the State of New York. I am Board Certified in Pediatrics. 2. I am familiar with and have reviewed the qualifications of in the Medical eligibility Indenmity Fund, pursuant to N.Y. Public Health Law, Section 2999-h. 3. I have been the infant's pediatrician for several years. I have reviewed the medical records regarding the infant, from my practice, and last examined him on GA 4Â LG f fN Î/f. A #4d. ( A:9f 7 4. Based upon review of the records and my own exëui=tions and observations of the infam, itis my iletermination that he isa "qualified plairitiffas defined by Public Health Law Section 2999-h, because he suffered a birth related neurological injury as a result of complications that were encountered during the labor and delivery process, and he has settled his medical malpractice claims related to those events. Dated: / / , 2019 ell re New York oshe Schlussel er , M.D. FILED: NASSAU COUNTY CLERK 11/05/2019 01:41 PM INDEX NO. 607047/2015 NYSCEF DOC. NO. 98 RECEIVED NYSCEF: 11/05/2019 Public Health Law- Title 4 New York State Medical Indemnity Fund §2999-h Definitions: As used in this title,unless the context or subject matter required otherwise: injury" 1. "Birth-related neurological means an injury to the brain or spinal cord of a live infant caused by the deprivation of oxygen or mechanical injury occurring in the course of labor, delivery or resuscitation, or by other medical services provided or not provided during delivery admission, that rendered the infant with a permanent and substantial motor iinpairment or with a developñicñtal disability as that term is defined by section 1.03 of the mental hygiene law, or both. This definition shall apply to live biïths only. "Fund" 2. means the New York State Medical Indemnity Fund. costs" 3. "Qualifying health care means the future medical, hospital, surgical, nursing, dental, rehabilitation, habilitation, respite, custodial, durable medial equipment, home modifications, assistive technology, vehicle modifications, transportation for purposes of health care related appointments, prescription and non-prescription medications, and other health care costs actually incurred for services rendered to and supplies utilized by qualified2plaintiffs, which are necessary to meet their health care needs, as determined by their treating physicians, physicians assistants, or nurse practitioners and as otherwise defined by the commissioner in regulation. plaintiff" 4. "Qualified means every plaintiff or claimant who (i)has been found by a jmy or court tb have sustained a birth-related neurological injury as a result of the medical malpractice, or (ii) has sustained a birth-related neurological injury as the result of alleged niedical malpractice, and has settled his or her lawsuit or claim therefore. services" 5. Any refe ence to the "department of financial and the "superintendent of services" financial in this titleshall mean, prior to October third, two thousand eleven, insurance" insurance." respectivély, the "department of and "superiliteñdent or