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FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016
NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023
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1
2 SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
3 ------------------------------------------X
MINEL JOHNSON and ANSEL JOHNSON,
4
PLAINTIFFS,
5
-against- Index No.:
6 523101/2016
7 BERNARD RIMPEL, UMESH MISHRA, JOSEPH
DERGAN, SARINA CRANAGE, STACEY MARTINDALE,
8 AMER HOMSI, DAVID SCHANER and THE BROOKLYN
HOSPITAL CENTER,
9
DEFENDANTS.
10 ------------------------------------------X
11
12 DATE: February 17, 2021
13 TIME: 1:00 P.M.
14
15 VIRTUAL VIDEOTAPED EXAMINATION
16 BEFORE TRIAL VIA of the Defendant, AMER
17 HOMSI, taken by the respective parties,
18 pursuant to a Court Order, held at the
19 above date and time, before Jamie Willis, a
20 Notary Public of the State of New York.
21
22
23
24
25
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1
2 A P P E A R A N C E S:
3
4 GURFEIN DOUGLAS, LLP
Attorneys for the Plaintiffs
5 MINEL JOHNSON and ANSEL JOHNSON
11 Park Place, Suite 1100
6 New York, New York 10007
BY: PRESTON J. DOUGLAS, ESQ.
7 e-mail: pdouglas@gurfeindouglas.com
8
ELLENBERG GANNON HENNINGER &
9 FITZMAURICE, LLP
Attorneys for the Defendant
10 BERNARD RIMPEL
494 Eighth Avenue, 7th Floor
11 New York, New York 10001
BY: NIKKI ALIEVA, ESQ.
12 File #: MLM30856225
e-mail: nalieva@eghflaw.com
13
14 DOPF, PC
Attorneys for the Defendants
15 UMESH MISHRA, JOSEPH DERGAN, STACEY
MARTINDALE, AMER HOMSI and THE BROOKLYN
16 HOSPITAL CENTER
440 Ninth Avenue, 16th Floor
17 New York, New York 10001
BY: DENISE SAPANARA, ESQ.
18 e-mail: dsapanara@dopfnyc.com
19
KERLEY WALSH MATERA & CINQUEMANI, PC
20 Attorneys for the Defendants
SARINA CRANAGE and DAVID SCHANER
21 2174 Jackson Avenue
Seaford, New York 11783
22 BY: JOY SCHNEIDER, ESQ.
e-mail: jschneider@kerleywalsh.com
23
24 ALSO PRESENT:
KENENTH LO, Videographer
25
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3 221.1 Objections at Depositions
(a) Objections in general. No objections
4 shall be made at a deposition except those
which, pursuant to subdivision (b), (c) or
5 (d) of Rule 3115 of the Civil Practice Law
and Rules, would be waived if not
6 interposed, and except in compliance with
subdivision (e) of such rule. All
7 objections made at a deposition shall be
noted by the officer before whom the
8 deposition is taken, and the answer shall
be given and the deposition shall proceed
9 subject to the objections and to the right
of a person to apply for appropriate relief
10 pursuant to Article 31 of the CPLR.
(b) Speaking objections restricted. Every
11 objection raised during a deposition shall
be stated succinctly and framed so as not
12 to suggest an answer to the deponent and,
at the request of the questioning attorney,
13 shall include a clear statement as to any
defect in form or other basis of error or
14 irregularity. Except to the extent
permitted by CPLR Rule 3115 or by this
15 rule, during the course of the examination
persons in attendance shall not make
16 statements or comments that interfere with
the questioning.
17 221.2 Refusal to answer when objection is
made. A deponent shall answer all questions
18 at a deposition, except (i) to preserve a
privilege or right of confidentiality, (ii)
19 to enforce a limitation set forth in an
order of the court, or (iii) when the
20 question is plainly improper and would, if
answered, cause significant prejudice to
21 any person. An attorney shall not direct
a deponent not to answer except as provided
22 in CPLR Rule 3115 or this subdivision.
Any refusal to answer or direction not to
23 answer shall be accompanied by a succinct
and clear statement of the basis therefor.
24 If the deponent does not answer a question,
the examining party shall have the right to
25 complete the remainder of the deposition.
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2 221. UNIFORM RULES FOR THE
CONDUCT OF DEPOSITIONS
3
221.3 Communication with the deponent
4 An attorney shall not interrupt the
deposition for the purpose of communicating
5 with the deponent unless all parties
consent or the communication is made for
6 the purpose of determining whether the
question should not be answered on the
7 grounds set forth in section 221.2 of these
rules and, in such event, the reason for
8 the communication shall be stated for the
record succinctly and clearly.
9
10 IT IS FURTHER STIPULATED AND AGREED
that the transcript may be signed before
11 any Notary Public with the same force and
effect as if signed before a clerk or a
12 Judge of the court.
13
IT IS FURTHER STIPULATED AND AGREED
14 that the examination before trial may be
utilized for all purposes as provided by
15 the CPLR.
16
IT IS FURTHER STIPULATED AND AGREED
17 that all rights provided to all parties by
the CPLR cannot be deemed waived and the
18 appropriate sections of the CPLR shall be
controlling with respect hereto.
19
20 IT IS FURTHER STIPULATED AND AGREED
by and between the attorneys for the
21 respective parties hereto that a copy of
this examination shall be furnished,
22 without charge, to the attorneys
representing the witness testifying herein.
23
24
25
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1 A. HOMSI
2 THE VIDEOGRAPHER: Good
3 afternoon. In the matter of Minel
4 and Ansel Johnson v. Rimpel, et al.
5 My name is Kenneth Lo. My address is
6 61-32 232nd Street, Springfield
7 Gardens, New York. I hereby certify
8 that I am the operator of this video
9 recorded deposition. This virtual
10 recording is being made on
11 February 17th, 2021 via Zoom. I am
12 employed by Gurfein Douglas, LLP with
13 office at 11 Park Place in New York
14 City. The time is 1:00:53 Eastern
15 Standard Time. And the witness is
16 Dr. Amer Homsi. It is called by the
17 plaintiff pursuant to a court order.
18 The Court Reporter's name is Jamie
19 Willis and she's a certified court
20 stenographer, working for Veritext
21 Legal Solutions located at 16 Court
22 Street, Brooklyn, New York. She is a
23 Notary Public of the State of New
24 York.
25 Will the attorneys, please,
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1 A. HOMSI
2 identify your voices. And
3 Ms. Willis, please swear in the
4 witness.
5 MR. DOUGLAS: Before she swears
6 in the witness, I'm going to read a
7 statement and make sure we have a
8 stipulation. I'm the plaintiff's
9 lawyer, Preston Douglas. Everybody
10 please, identify themselves.
11 MS. SAPANARA: I'm Denise
12 Sapanara with the law firm of Glen
13 Dopf. I represent Dr. Homsi, the
14 Brooklyn Hospital, Dr. Martindale,
15 and Dr. Mishra.
16 MS. SCHNEIDER: I'm Joy
17 Schneider from Kerley Walsh Matera &
18 Cinquemani. I represent Sarina
19 Cranage and David Schaner, MD.
20 MS. ALIEVA: Nikki Alieva of
21 Ellenberg Gannon Henninger
22 Fitzmaurice. And we represent
23 Dr. Bernard Rimpel.
24 THE WITNESS: Dr. Amer Homsi.
25 MR. DOUGLAS: I'm just going to
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1 A. HOMSI
2 read a stipulation, which I think
3 everyone will have no problem with.
4 The parties agree that these
5 video recorded remote depositions may
6 be used at a trial or a hearing to
7 the same extent that an in person
8 deposition may be used at trial or
9 hearing. And the parties agree not
10 to object to the use of these video
11 records, on the basis that the
12 depositions were taken remotely. The
13 parties reserve all our other
14 objections to the use of any
15 deposition at trial. Okay,
16 everybody?
17 MS. SAPANARA: Okay.
18 MS. SCHNEIDER: That's fine.
19 MR. DOUGLAS: And then this
20 remote shall be recorded by
21 stenographic and videographic means,
22 but the Court Reporter might not be
23 physically present with the witness
24 whose deposition is taken. The
25 parties agree not to challenge the
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NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023
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1 A. HOMSI
2 validity of any oath administered by
3 the Court Reporter, even if the
4 Reporter is not a Notary Public in
5 the state where the deponent resides.
6 Now if everyone agrees, let's
7 have the Reporter swear the witness.
8 MS. SAPANARA: We agree.
9 MS. SCHNEIDER: I agree.
10 MS. ALIEVA: I agree.
11 A M E R H O M S I, called as a witness,
12 having been first duly sworn by a Notary
13 Public of the State of New York via Zoom,
14 was examined and testified as follows:
15 EXAMINATION BY.
16 MR. DOUGLAS:
17 Q. Please state your name for the
18 record.
19 A. Amer Homsi.
20 Q. What is your address?
21 A. 1551 West Riverdale Road,
22 Riverdale, Utah 84405, Apartment H17.
23 MR. DOUGLAS: If it's okay with
24 everybody, although we can be very
25 flexible with this, what I'm going to
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1 A. HOMSI
2 do is have the host move the
3 participants to a gallery on the side
4 and put Dr. Homsi pinned to the
5 center of the screen, where we will
6 be recording from.
7 MS. SAPANARA: That's fine.
8 MR. DOUGLAS: Can we do that,
9 Ken?
10 MR. LO: I've already done
11 that. Everything is going as
12 planned.
13 MR. DOUGLAS: Okay.
14 Q. Good morning, Dr. Homsi. I
15 guess it's afternoon there.
16 A. It's getting there.
17 Q. What time is it where you are?
18 A. 11:04 A.M.
19 Q. Okay. And what city are you
20 near?
21 A. Ogden.
22 Q. Do you work in a hospital there
23 in Ogden?
24 A. I'm contracted to begin in
25 April.
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1 A. HOMSI
2 Q. In what capacity?
3 A. As a vascular surgeon.
4 Q. In May of 2014, where were you
5 working?
6 A. I was a general surgery
7 resident at the Brooklyn Hospital Center in
8 Brooklyn, New York.
9 Q. And what year were you at that
10 time?
11 A. I was a PGY 2.
12 Q. When had you started that
13 PGY 2?
14 A. It would have began in July the
15 year before.
16 Q. So you were almost getting to
17 your PGY 3?
18 A. That is correct.
19 Q. And at that time, you were a
20 resident at the hospital?
21 A. Yes.
22 Q. Is that the Brooklyn Hospital
23 Center we're talking about?
24 A. Yes, it is.
25 Q. And as a resident, you were
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1 A. HOMSI
2 employed by the hospital; is that correct?
3 A. That is correct.
4 Q. Did you give certain medical
5 services to a patient named Minel Johnson
6 in May of 2014?
7 A. Yes.
8 Q. At that time, did you
9 participate as an assistant in a surgery in
10 the beginning of May 14th, 2014?
11 A. Yes, I was second assist.
12 Q. Who was the surgeon?
13 A. Dr. Bernard Rimpel.
14 Q. And who was the first
15 assistant?
16 A. Dr. Stacey Martindale.
17 Q. As second assistant, did you
18 have the responsibility or privilege of
19 writing a description of the surgical
20 events into the record?
21 A. I would have written a note
22 post-op at some point, yes.
23 Q. Did you receive from us, a
24 selection of documents from the hospital
25 record, so that we could refer to them
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1 A. HOMSI
2 together?
3 A. Yes, sir. I have them in front
4 of me.
5 Q. Excellent. Do you also have a
6 complete copy of the hospital record from
7 your attorney?
8 A. Yes.
9 Q. Good.
10 MR. DOUGLAS: I don't plan on
11 asking what he got form you Denise,
12 but I have to know if he has a
13 complete record.
14 MS. SAPANARA: No, no. Let me
15 correct that. He has the complete
16 record of his notes. He does not
17 have a complete copy of the entire
18 3,000 page chart.
19 MR. DOUGLAS: Okay. Thank you.
20 MS. SAPANARA: He has copies of
21 all his notes, plus what you sent me.
22 That's it.
23 MR. DOUGLAS: Okay. I hear
24 you.
25 Q. So would you look at Exhibit 1A
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1 A. HOMSI
2 that I sent you?
3 A. It's in front of me.
4 Q. What is this document?
5 A. It's titled an admission H & P,
6 history and physical.
7 Q. Okay. And did you author this
8 document?
9 A. My signature appears at the end
10 of it, yes.
11 Q. It says toward the top there,
12 authored by you, right?
13 A. Yes, sir.
14 MR. DOUGLAS: It's up on the
15 screen for everyone. Although,
16 Kenny, I'd rather see the witness.
17 We can both look at the document for
18 now.
19 Q. What was the nature of this
20 surgery?
21 A. The patient underwent a ventral
22 hernia repair mesh, components separation,
23 a complex abdominal wall reconstruction, a
24 panniculectomy.
25 Q. What's a panniculectomy?
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1 A. HOMSI
2 A. It's the removal of excessive
3 fat from the abdominal area.
4 Q. I'm going to ask you some
5 general questions, please. And then we'll
6 get to more specifics. First of all, let
7 me ask you this: During the course of this
8 hospitalization, are you aware that the
9 patient had an arrest?
10 A. Yes.
11 Q. In this arrest, did the patient
12 lose circulation to the body and brain?
13 MS. SAPANARA: I have no
14 problem with that question other
15 than, I would prefer if perhaps you
16 can lay some foundation as to what
17 his involvement, if any, was with the
18 arrest.
19 MR. DOUGLAS: No, I'm not going
20 to ask him it that way. He has
21 written notes all over the record
22 about this arrest.
23 MS. SAPANARA: All right. Just
24 note my objection to the form of that
25 question then.
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1 A. HOMSI
2 Q. When a patient has an arrest,
3 do they generally lose circulation of blood
4 to the brain and the body?
5 A. When the heart stops, blood
6 circulation stops.
7 Q. When blood circulation stops,
8 does that mean that the circulation to the
9 brain stops?
10 A. Yes.
11 Q. When that happens, does that
12 mean that the oxygenation of the brain,
13 which is carried by the blood, also stops?
14 A. Yes.
15 Q. From the time that the brain is
16 without oxygen, can we call that the brain
17 is hypoxic?
18 A. Yes.
19 Q. And when the brain is hypoxic
20 for long enough, does it sustain damage?
21 A. Yes.
22 Q. And when there is an arrest
23 where the heart stops, do minutes count?
24 A. Yes.
25 Q. Do seconds count?
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1 A. HOMSI
2 A. Yes.
3 Q. Is that because the longer
4 there's an arrest, the more damage is done?
5 A. That is considered to be
6 accepted by most medical professionals,
7 yes.
8 Q. Do you accept that?
9 A. Yes.
10 Q. Now in this case, after the
11 surgery -- turning to page 1B -- did the
12 patient have vital signs taken at various
13 times?
14 A. The computer or the automatic
15 machine registers vitals at a predetermined
16 interval.
17 Q. Looking at 1B. There's a
18 systolic pressure of 145 at the bottom of
19 the page and there's a little red arrow
20 next to it. What does that mean?
21 A. It means that that value
22 exceeds the preprogrammed value into the
23 computer as a normal value. So it's above
24 whatever the computer is set to recognize
25 as a normal value.
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1 A. HOMSI
2 Q. So the computer considers this
3 an elevated blood pressure?
4 A. Based on the way it was
5 programmed, yes.
6 Q. And there's also a diastolic
7 pressure of 97. Does the computer consider
8 that elevated?
9 A. There's an arrow next to it
10 pointing up, so yes.
11 Q. Do you consider those values
12 elevated?
13 A. Very slightly.
14 Q. Do they need treatment?
15 MS. SAPANARA: Objection.
16 Q. In this patient, did they need
17 treatment?
18 A. I did not evaluate the patient
19 at the time these readings were taken and I
20 can't speak to them.
21 Q. You authored the note at the
22 top of the page, right?
23 A. Yes.
24 Q. And you signed this system of
25 documents at the end, right?
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1 A. HOMSI
2 A. Yes.
3 Q. Okay. And when you authored
4 this note and when you signed the document,
5 did you consider that these values needed
6 treatment?
7 MS. SAPANARA: Objection.
8 Objection. We haven't established
9 that he was there at the time that
10 these values correspond. And he's
11 not going to comment on what anybody
12 else should have done. So since you
13 haven't established if he was even
14 there at 13:45 when this value was
15 recorded, you're not going to have
16 him comment on whether those values
17 required treatment. He's not going
18 to comment on what somebody else
19 should have done.
20 MR. DOUGLAS: He writes
21 something in the record and signs it,
22 but I don't get a chance to question
23 him about it.
24 MS. SAPANARA: No, because you
25 haven't even established -- he didn't
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1 A. HOMSI
2 write this. You didn't even
3 establish how this record came to be.
4 Q. Turn the page.
5 A. To?
6 Q. To 1C. Did you author this
7 page?
8 A. No, this was automatically
9 imported at the end of the note.
10 Q. So it says your name at the
11 top, authored by Homsi; is that incorrect?
12 A. No, the note was authored by
13 me. But much of what you see in the chart
14 is imported automatically without me
15 putting it in or seeing it.
16 Q. Which ones were put in by you
17 and which ones were automatic?
18 A. None of the vital signs that
19 show up were entered manually by me. These
20 were all automatically imported from the
21 computer.
22 Q. Were there any on this page
23 that you wrote?
24 A. In terms of vital signs?
25 Q. No. Any entry on this page.
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1 A. HOMSI
2 MS. SAPANARA: We're talking
3 about 1C?
4 MR. DOUGLAS: 1C.
5 A. No, nothing on there was
6 entered by me. This was generated by a
7 computer.
8 Q. Were you there when this was
9 generated?
10 A. I don't understand the
11 question.
12 Q. After the surgery, where did
13 the patient go?
14 A. The patient would have
15 traditionally been taken to the
16 postanesthesia care unit.
17 Q. That's called the PACU for
18 short?
19 A. Yes.
20 Q. Did you go with the patient?
21 A. Yes, I would have. Although, I
22 don't have recollection. That would have
23 been my standard of operating procedure.
24 Q. It would be your job as the
25 second assistant, to accompany the patient
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1 A. HOMSI
2 to the PACU?
3 A. It was not uncommon for the
4 first assistant to accompany the patient to
5 the PACU, if there was something else that
6 I had to take care of in the OR. I don't
7 remember which one of us took the patient.
8 Q. In general, this would be your
9 job?
10 MS. SAPANARA: Objection. You
11 just asked and answered. He said
12 sometimes he would take it --
13 MR. DOUGLAS: Don't do that,
14 Denise.
15 MR. SAPANARA: I'm going to do
16 it, because he just answered the
17 question. You're mischaracterizing
18 his testimony. He just told you
19 sometimes he does it. But if he has
20 something else to do, the first
21 assistant might. So I don't know why
22 you need a follow-up question.
23 Q. Under ordinary circumstances,
24 it would be your job as second assistant,
25 to accompany a patient from surgery?
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1 A. HOMSI
2 MS. SAPANARA: Note my
3 objection. It's been asked and
4 answered. Over objection, he can
5 answer. Doctor?
6 A. Yes.
7 Q. Thank you. By the way, I'm
8 noticing on 1C and on 1D, the patient is on
9 supplemental o2, right?
10 A. That's what the record
11 indicates.
12 Q. Is that a vital sign?
13 A. No.
14 Q. What is that?
15 A. Statement of fact.
16 Q. Is it a treatment?
17 A. I can't speak as to why she was
18 placed on supplemental oxygen in the PACU,
19 because I'm not -- I don't control the
20 patient's care in the postanesthesia care
21 unit. But it's not unusual to place a
22 patient on supplemental oxygen after
23 surgery, because their breathing can be a
24 little slower. They have a lot of pain.
25 But I did not make the decision to start
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1 A. HOMSI
2 it. But it's not unusual to be on
3 supplemental oxygen following a major
4 abdominal surgery and administration of
5 general endotracheal anesthesia.
6 Q. Well, in general, who would
7 make the decision to put the patient on
8 oxygen?
9 A. Whoever was in charge of her
10 care in the postanesthesia care unit.
11 Q. Did you continue with the
12 patient in the PACU for any period of time?
13 A. No, I moved onto multiple other
14 surgeries that day.
15 Q. Just to be clear about one
16 thing: Did you ever order any blood
17 pressure medications for this patient?
18 A. Not to my recollection, no.
19 Not while she was in the PACU.
20 Q. Did you order them at any other
21 time?
22 A. I did take care of her in the
23 ICU at later times. I don't remember
24 everything I ordered for her while I was
25 the ICU resident. But in the PACU, I would
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1 A. HOMSI
2 not have traditionally ordered anything.
3 Q. Did you ever order any blood
4 pressure medications prior to her arrest?
5 A. Not to my recollection, no.
6 Q. Were you there when she
7 arrested?
8 A. I was not.
9 Q. Were you on the service when
10 she arrested?
11 A. I was covering my evening shift
12 in the surgical intensive care unit.
13 Q. And where did she arrest?
14 A. In the recovery area or the
15 PACU.
16 Q. Where is the PACU with respect
17 to the ICU?
18 A. They're connected by a door.
19 Q. Did you hear the arrest call
20 when it went out?
21 A. Yes.
22 Q. What were you doing, when the
23 arrest call went out?
24 A. I was dealing with a patient
25 pending arrest in the surgical ICU.
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1 A. HOMSI
2 Q. At any time, did you answer the
3 arrest call for Minel Johnson?
4 A. I would have responded once
5 they announced it. But I don't recall
6 exactly when or what that would have
7 happened. Like I said, I was busy with a
8 patient that was about to die in the ICU.
9 Q. Did you participate in any way
10 in the resuscitation of Minel Johnson?
11 A. Not to my recollection.
12 Q. Let's turn to the last page of
13 the series that I called 1, to 1H. It says
14 electronic signatures halfway down or so.
15 A. Yes.
16 Q. And your name appears first,
17 right?
18 A. That is correct.
19 Q. And it was signed
20 electronically by you on May 3rd?
21 A. That's what the record says.
22 Q. Well, it can't say anything
23 else -- withdrawn.
24 Is that when you signed it?
25 A. I don't have concrete
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1 A. HOMSI
2 recollection. But that's what the paper
3 says, so it must have been.
4 Q. You can't sign it without your
5 name and password, right?
6 A. That's right.
7 Q. Nobody else has your password,
8 right?
9 A. No.
10 Q. Right? Yes, I'm right?
11 A. Yes, you're right.
12 Q. So we know you signed it on
13 May 3rd at 5:15 in the morning?
14 A. Yes.
15 Q. Now, it says entered, right?
16 A. Yes.
17 Q. What does that mean?
18 A. It means these were the
19 sections that either I populated or the
20 computer populated when I ended up signing
21 the note. There's different sections to
22 the electronic medical record. Some are
23 authored by the physician and some are
24 auto-imported. This includes a list of the
25 things that you would find in the note
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Preview
FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 1 1 2 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS 3 ------------------------------------------X MINEL JOHNSON and ANSEL JOHNSON, 4 PLAINTIFFS, 5 -against- Index No.: 6 523101/2016 7 BERNARD RIMPEL, UMESH MISHRA, JOSEPH DERGAN, SARINA CRANAGE, STACEY MARTINDALE, 8 AMER HOMSI, DAVID SCHANER and THE BROOKLYN HOSPITAL CENTER, 9 DEFENDANTS. 10 ------------------------------------------X 11 12 DATE: February 17, 2021 13 TIME: 1:00 P.M. 14 15 VIRTUAL VIDEOTAPED EXAMINATION 16 BEFORE TRIAL VIA of the Defendant, AMER 17 HOMSI, taken by the respective parties, 18 pursuant to a Court Order, held at the 19 above date and time, before Jamie Willis, a 20 Notary Public of the State of New York. 21 22 23 24 25 Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 2 1 2 A P P E A R A N C E S: 3 4 GURFEIN DOUGLAS, LLP Attorneys for the Plaintiffs 5 MINEL JOHNSON and ANSEL JOHNSON 11 Park Place, Suite 1100 6 New York, New York 10007 BY: PRESTON J. DOUGLAS, ESQ. 7 e-mail: pdouglas@gurfeindouglas.com 8 ELLENBERG GANNON HENNINGER & 9 FITZMAURICE, LLP Attorneys for the Defendant 10 BERNARD RIMPEL 494 Eighth Avenue, 7th Floor 11 New York, New York 10001 BY: NIKKI ALIEVA, ESQ. 12 File #: MLM30856225 e-mail: nalieva@eghflaw.com 13 14 DOPF, PC Attorneys for the Defendants 15 UMESH MISHRA, JOSEPH DERGAN, STACEY MARTINDALE, AMER HOMSI and THE BROOKLYN 16 HOSPITAL CENTER 440 Ninth Avenue, 16th Floor 17 New York, New York 10001 BY: DENISE SAPANARA, ESQ. 18 e-mail: dsapanara@dopfnyc.com 19 KERLEY WALSH MATERA & CINQUEMANI, PC 20 Attorneys for the Defendants SARINA CRANAGE and DAVID SCHANER 21 2174 Jackson Avenue Seaford, New York 11783 22 BY: JOY SCHNEIDER, ESQ. e-mail: jschneider@kerleywalsh.com 23 24 ALSO PRESENT: KENENTH LO, Videographer 25 Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 3 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.1 Objections at Depositions (a) Objections in general. No objections 4 shall be made at a deposition except those which, pursuant to subdivision (b), (c) or 5 (d) of Rule 3115 of the Civil Practice Law and Rules, would be waived if not 6 interposed, and except in compliance with subdivision (e) of such rule. All 7 objections made at a deposition shall be noted by the officer before whom the 8 deposition is taken, and the answer shall be given and the deposition shall proceed 9 subject to the objections and to the right of a person to apply for appropriate relief 10 pursuant to Article 31 of the CPLR. (b) Speaking objections restricted. Every 11 objection raised during a deposition shall be stated succinctly and framed so as not 12 to suggest an answer to the deponent and, at the request of the questioning attorney, 13 shall include a clear statement as to any defect in form or other basis of error or 14 irregularity. Except to the extent permitted by CPLR Rule 3115 or by this 15 rule, during the course of the examination persons in attendance shall not make 16 statements or comments that interfere with the questioning. 17 221.2 Refusal to answer when objection is made. A deponent shall answer all questions 18 at a deposition, except (i) to preserve a privilege or right of confidentiality, (ii) 19 to enforce a limitation set forth in an order of the court, or (iii) when the 20 question is plainly improper and would, if answered, cause significant prejudice to 21 any person. An attorney shall not direct a deponent not to answer except as provided 22 in CPLR Rule 3115 or this subdivision. Any refusal to answer or direction not to 23 answer shall be accompanied by a succinct and clear statement of the basis therefor. 24 If the deponent does not answer a question, the examining party shall have the right to 25 complete the remainder of the deposition. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 4 1 2 221. UNIFORM RULES FOR THE CONDUCT OF DEPOSITIONS 3 221.3 Communication with the deponent 4 An attorney shall not interrupt the deposition for the purpose of communicating 5 with the deponent unless all parties consent or the communication is made for 6 the purpose of determining whether the question should not be answered on the 7 grounds set forth in section 221.2 of these rules and, in such event, the reason for 8 the communication shall be stated for the record succinctly and clearly. 9 10 IT IS FURTHER STIPULATED AND AGREED that the transcript may be signed before 11 any Notary Public with the same force and effect as if signed before a clerk or a 12 Judge of the court. 13 IT IS FURTHER STIPULATED AND AGREED 14 that the examination before trial may be utilized for all purposes as provided by 15 the CPLR. 16 IT IS FURTHER STIPULATED AND AGREED 17 that all rights provided to all parties by the CPLR cannot be deemed waived and the 18 appropriate sections of the CPLR shall be controlling with respect hereto. 19 20 IT IS FURTHER STIPULATED AND AGREED by and between the attorneys for the 21 respective parties hereto that a copy of this examination shall be furnished, 22 without charge, to the attorneys representing the witness testifying herein. 23 24 25 Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 5 1 A. HOMSI 2 THE VIDEOGRAPHER: Good 3 afternoon. In the matter of Minel 4 and Ansel Johnson v. Rimpel, et al. 5 My name is Kenneth Lo. My address is 6 61-32 232nd Street, Springfield 7 Gardens, New York. I hereby certify 8 that I am the operator of this video 9 recorded deposition. This virtual 10 recording is being made on 11 February 17th, 2021 via Zoom. I am 12 employed by Gurfein Douglas, LLP with 13 office at 11 Park Place in New York 14 City. The time is 1:00:53 Eastern 15 Standard Time. And the witness is 16 Dr. Amer Homsi. It is called by the 17 plaintiff pursuant to a court order. 18 The Court Reporter's name is Jamie 19 Willis and she's a certified court 20 stenographer, working for Veritext 21 Legal Solutions located at 16 Court 22 Street, Brooklyn, New York. She is a 23 Notary Public of the State of New 24 York. 25 Will the attorneys, please, Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 6 1 A. HOMSI 2 identify your voices. And 3 Ms. Willis, please swear in the 4 witness. 5 MR. DOUGLAS: Before she swears 6 in the witness, I'm going to read a 7 statement and make sure we have a 8 stipulation. I'm the plaintiff's 9 lawyer, Preston Douglas. Everybody 10 please, identify themselves. 11 MS. SAPANARA: I'm Denise 12 Sapanara with the law firm of Glen 13 Dopf. I represent Dr. Homsi, the 14 Brooklyn Hospital, Dr. Martindale, 15 and Dr. Mishra. 16 MS. SCHNEIDER: I'm Joy 17 Schneider from Kerley Walsh Matera & 18 Cinquemani. I represent Sarina 19 Cranage and David Schaner, MD. 20 MS. ALIEVA: Nikki Alieva of 21 Ellenberg Gannon Henninger 22 Fitzmaurice. And we represent 23 Dr. Bernard Rimpel. 24 THE WITNESS: Dr. Amer Homsi. 25 MR. DOUGLAS: I'm just going to Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 7 1 A. HOMSI 2 read a stipulation, which I think 3 everyone will have no problem with. 4 The parties agree that these 5 video recorded remote depositions may 6 be used at a trial or a hearing to 7 the same extent that an in person 8 deposition may be used at trial or 9 hearing. And the parties agree not 10 to object to the use of these video 11 records, on the basis that the 12 depositions were taken remotely. The 13 parties reserve all our other 14 objections to the use of any 15 deposition at trial. Okay, 16 everybody? 17 MS. SAPANARA: Okay. 18 MS. SCHNEIDER: That's fine. 19 MR. DOUGLAS: And then this 20 remote shall be recorded by 21 stenographic and videographic means, 22 but the Court Reporter might not be 23 physically present with the witness 24 whose deposition is taken. The 25 parties agree not to challenge the Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 8 1 A. HOMSI 2 validity of any oath administered by 3 the Court Reporter, even if the 4 Reporter is not a Notary Public in 5 the state where the deponent resides. 6 Now if everyone agrees, let's 7 have the Reporter swear the witness. 8 MS. SAPANARA: We agree. 9 MS. SCHNEIDER: I agree. 10 MS. ALIEVA: I agree. 11 A M E R H O M S I, called as a witness, 12 having been first duly sworn by a Notary 13 Public of the State of New York via Zoom, 14 was examined and testified as follows: 15 EXAMINATION BY. 16 MR. DOUGLAS: 17 Q. Please state your name for the 18 record. 19 A. Amer Homsi. 20 Q. What is your address? 21 A. 1551 West Riverdale Road, 22 Riverdale, Utah 84405, Apartment H17. 23 MR. DOUGLAS: If it's okay with 24 everybody, although we can be very 25 flexible with this, what I'm going to Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 9 1 A. HOMSI 2 do is have the host move the 3 participants to a gallery on the side 4 and put Dr. Homsi pinned to the 5 center of the screen, where we will 6 be recording from. 7 MS. SAPANARA: That's fine. 8 MR. DOUGLAS: Can we do that, 9 Ken? 10 MR. LO: I've already done 11 that. Everything is going as 12 planned. 13 MR. DOUGLAS: Okay. 14 Q. Good morning, Dr. Homsi. I 15 guess it's afternoon there. 16 A. It's getting there. 17 Q. What time is it where you are? 18 A. 11:04 A.M. 19 Q. Okay. And what city are you 20 near? 21 A. Ogden. 22 Q. Do you work in a hospital there 23 in Ogden? 24 A. I'm contracted to begin in 25 April. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 10 1 A. HOMSI 2 Q. In what capacity? 3 A. As a vascular surgeon. 4 Q. In May of 2014, where were you 5 working? 6 A. I was a general surgery 7 resident at the Brooklyn Hospital Center in 8 Brooklyn, New York. 9 Q. And what year were you at that 10 time? 11 A. I was a PGY 2. 12 Q. When had you started that 13 PGY 2? 14 A. It would have began in July the 15 year before. 16 Q. So you were almost getting to 17 your PGY 3? 18 A. That is correct. 19 Q. And at that time, you were a 20 resident at the hospital? 21 A. Yes. 22 Q. Is that the Brooklyn Hospital 23 Center we're talking about? 24 A. Yes, it is. 25 Q. And as a resident, you were Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 11 1 A. HOMSI 2 employed by the hospital; is that correct? 3 A. That is correct. 4 Q. Did you give certain medical 5 services to a patient named Minel Johnson 6 in May of 2014? 7 A. Yes. 8 Q. At that time, did you 9 participate as an assistant in a surgery in 10 the beginning of May 14th, 2014? 11 A. Yes, I was second assist. 12 Q. Who was the surgeon? 13 A. Dr. Bernard Rimpel. 14 Q. And who was the first 15 assistant? 16 A. Dr. Stacey Martindale. 17 Q. As second assistant, did you 18 have the responsibility or privilege of 19 writing a description of the surgical 20 events into the record? 21 A. I would have written a note 22 post-op at some point, yes. 23 Q. Did you receive from us, a 24 selection of documents from the hospital 25 record, so that we could refer to them Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 12 1 A. HOMSI 2 together? 3 A. Yes, sir. I have them in front 4 of me. 5 Q. Excellent. Do you also have a 6 complete copy of the hospital record from 7 your attorney? 8 A. Yes. 9 Q. Good. 10 MR. DOUGLAS: I don't plan on 11 asking what he got form you Denise, 12 but I have to know if he has a 13 complete record. 14 MS. SAPANARA: No, no. Let me 15 correct that. He has the complete 16 record of his notes. He does not 17 have a complete copy of the entire 18 3,000 page chart. 19 MR. DOUGLAS: Okay. Thank you. 20 MS. SAPANARA: He has copies of 21 all his notes, plus what you sent me. 22 That's it. 23 MR. DOUGLAS: Okay. I hear 24 you. 25 Q. So would you look at Exhibit 1A Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 13 1 A. HOMSI 2 that I sent you? 3 A. It's in front of me. 4 Q. What is this document? 5 A. It's titled an admission H & P, 6 history and physical. 7 Q. Okay. And did you author this 8 document? 9 A. My signature appears at the end 10 of it, yes. 11 Q. It says toward the top there, 12 authored by you, right? 13 A. Yes, sir. 14 MR. DOUGLAS: It's up on the 15 screen for everyone. Although, 16 Kenny, I'd rather see the witness. 17 We can both look at the document for 18 now. 19 Q. What was the nature of this 20 surgery? 21 A. The patient underwent a ventral 22 hernia repair mesh, components separation, 23 a complex abdominal wall reconstruction, a 24 panniculectomy. 25 Q. What's a panniculectomy? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 14 1 A. HOMSI 2 A. It's the removal of excessive 3 fat from the abdominal area. 4 Q. I'm going to ask you some 5 general questions, please. And then we'll 6 get to more specifics. First of all, let 7 me ask you this: During the course of this 8 hospitalization, are you aware that the 9 patient had an arrest? 10 A. Yes. 11 Q. In this arrest, did the patient 12 lose circulation to the body and brain? 13 MS. SAPANARA: I have no 14 problem with that question other 15 than, I would prefer if perhaps you 16 can lay some foundation as to what 17 his involvement, if any, was with the 18 arrest. 19 MR. DOUGLAS: No, I'm not going 20 to ask him it that way. He has 21 written notes all over the record 22 about this arrest. 23 MS. SAPANARA: All right. Just 24 note my objection to the form of that 25 question then. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 15 1 A. HOMSI 2 Q. When a patient has an arrest, 3 do they generally lose circulation of blood 4 to the brain and the body? 5 A. When the heart stops, blood 6 circulation stops. 7 Q. When blood circulation stops, 8 does that mean that the circulation to the 9 brain stops? 10 A. Yes. 11 Q. When that happens, does that 12 mean that the oxygenation of the brain, 13 which is carried by the blood, also stops? 14 A. Yes. 15 Q. From the time that the brain is 16 without oxygen, can we call that the brain 17 is hypoxic? 18 A. Yes. 19 Q. And when the brain is hypoxic 20 for long enough, does it sustain damage? 21 A. Yes. 22 Q. And when there is an arrest 23 where the heart stops, do minutes count? 24 A. Yes. 25 Q. Do seconds count? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 16 1 A. HOMSI 2 A. Yes. 3 Q. Is that because the longer 4 there's an arrest, the more damage is done? 5 A. That is considered to be 6 accepted by most medical professionals, 7 yes. 8 Q. Do you accept that? 9 A. Yes. 10 Q. Now in this case, after the 11 surgery -- turning to page 1B -- did the 12 patient have vital signs taken at various 13 times? 14 A. The computer or the automatic 15 machine registers vitals at a predetermined 16 interval. 17 Q. Looking at 1B. There's a 18 systolic pressure of 145 at the bottom of 19 the page and there's a little red arrow 20 next to it. What does that mean? 21 A. It means that that value 22 exceeds the preprogrammed value into the 23 computer as a normal value. So it's above 24 whatever the computer is set to recognize 25 as a normal value. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 17 1 A. HOMSI 2 Q. So the computer considers this 3 an elevated blood pressure? 4 A. Based on the way it was 5 programmed, yes. 6 Q. And there's also a diastolic 7 pressure of 97. Does the computer consider 8 that elevated? 9 A. There's an arrow next to it 10 pointing up, so yes. 11 Q. Do you consider those values 12 elevated? 13 A. Very slightly. 14 Q. Do they need treatment? 15 MS. SAPANARA: Objection. 16 Q. In this patient, did they need 17 treatment? 18 A. I did not evaluate the patient 19 at the time these readings were taken and I 20 can't speak to them. 21 Q. You authored the note at the 22 top of the page, right? 23 A. Yes. 24 Q. And you signed this system of 25 documents at the end, right? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 18 1 A. HOMSI 2 A. Yes. 3 Q. Okay. And when you authored 4 this note and when you signed the document, 5 did you consider that these values needed 6 treatment? 7 MS. SAPANARA: Objection. 8 Objection. We haven't established 9 that he was there at the time that 10 these values correspond. And he's 11 not going to comment on what anybody 12 else should have done. So since you 13 haven't established if he was even 14 there at 13:45 when this value was 15 recorded, you're not going to have 16 him comment on whether those values 17 required treatment. He's not going 18 to comment on what somebody else 19 should have done. 20 MR. DOUGLAS: He writes 21 something in the record and signs it, 22 but I don't get a chance to question 23 him about it. 24 MS. SAPANARA: No, because you 25 haven't even established -- he didn't Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 19 1 A. HOMSI 2 write this. You didn't even 3 establish how this record came to be. 4 Q. Turn the page. 5 A. To? 6 Q. To 1C. Did you author this 7 page? 8 A. No, this was automatically 9 imported at the end of the note. 10 Q. So it says your name at the 11 top, authored by Homsi; is that incorrect? 12 A. No, the note was authored by 13 me. But much of what you see in the chart 14 is imported automatically without me 15 putting it in or seeing it. 16 Q. Which ones were put in by you 17 and which ones were automatic? 18 A. None of the vital signs that 19 show up were entered manually by me. These 20 were all automatically imported from the 21 computer. 22 Q. Were there any on this page 23 that you wrote? 24 A. In terms of vital signs? 25 Q. No. Any entry on this page. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 20 1 A. HOMSI 2 MS. SAPANARA: We're talking 3 about 1C? 4 MR. DOUGLAS: 1C. 5 A. No, nothing on there was 6 entered by me. This was generated by a 7 computer. 8 Q. Were you there when this was 9 generated? 10 A. I don't understand the 11 question. 12 Q. After the surgery, where did 13 the patient go? 14 A. The patient would have 15 traditionally been taken to the 16 postanesthesia care unit. 17 Q. That's called the PACU for 18 short? 19 A. Yes. 20 Q. Did you go with the patient? 21 A. Yes, I would have. Although, I 22 don't have recollection. That would have 23 been my standard of operating procedure. 24 Q. It would be your job as the 25 second assistant, to accompany the patient Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 21 1 A. HOMSI 2 to the PACU? 3 A. It was not uncommon for the 4 first assistant to accompany the patient to 5 the PACU, if there was something else that 6 I had to take care of in the OR. I don't 7 remember which one of us took the patient. 8 Q. In general, this would be your 9 job? 10 MS. SAPANARA: Objection. You 11 just asked and answered. He said 12 sometimes he would take it -- 13 MR. DOUGLAS: Don't do that, 14 Denise. 15 MR. SAPANARA: I'm going to do 16 it, because he just answered the 17 question. You're mischaracterizing 18 his testimony. He just told you 19 sometimes he does it. But if he has 20 something else to do, the first 21 assistant might. So I don't know why 22 you need a follow-up question. 23 Q. Under ordinary circumstances, 24 it would be your job as second assistant, 25 to accompany a patient from surgery? Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 22 1 A. HOMSI 2 MS. SAPANARA: Note my 3 objection. It's been asked and 4 answered. Over objection, he can 5 answer. Doctor? 6 A. Yes. 7 Q. Thank you. By the way, I'm 8 noticing on 1C and on 1D, the patient is on 9 supplemental o2, right? 10 A. That's what the record 11 indicates. 12 Q. Is that a vital sign? 13 A. No. 14 Q. What is that? 15 A. Statement of fact. 16 Q. Is it a treatment? 17 A. I can't speak as to why she was 18 placed on supplemental oxygen in the PACU, 19 because I'm not -- I don't control the 20 patient's care in the postanesthesia care 21 unit. But it's not unusual to place a 22 patient on supplemental oxygen after 23 surgery, because their breathing can be a 24 little slower. They have a lot of pain. 25 But I did not make the decision to start Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 23 1 A. HOMSI 2 it. But it's not unusual to be on 3 supplemental oxygen following a major 4 abdominal surgery and administration of 5 general endotracheal anesthesia. 6 Q. Well, in general, who would 7 make the decision to put the patient on 8 oxygen? 9 A. Whoever was in charge of her 10 care in the postanesthesia care unit. 11 Q. Did you continue with the 12 patient in the PACU for any period of time? 13 A. No, I moved onto multiple other 14 surgeries that day. 15 Q. Just to be clear about one 16 thing: Did you ever order any blood 17 pressure medications for this patient? 18 A. Not to my recollection, no. 19 Not while she was in the PACU. 20 Q. Did you order them at any other 21 time? 22 A. I did take care of her in the 23 ICU at later times. I don't remember 24 everything I ordered for her while I was 25 the ICU resident. But in the PACU, I would Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 24 1 A. HOMSI 2 not have traditionally ordered anything. 3 Q. Did you ever order any blood 4 pressure medications prior to her arrest? 5 A. Not to my recollection, no. 6 Q. Were you there when she 7 arrested? 8 A. I was not. 9 Q. Were you on the service when 10 she arrested? 11 A. I was covering my evening shift 12 in the surgical intensive care unit. 13 Q. And where did she arrest? 14 A. In the recovery area or the 15 PACU. 16 Q. Where is the PACU with respect 17 to the ICU? 18 A. They're connected by a door. 19 Q. Did you hear the arrest call 20 when it went out? 21 A. Yes. 22 Q. What were you doing, when the 23 arrest call went out? 24 A. I was dealing with a patient 25 pending arrest in the surgical ICU. Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 25 1 A. HOMSI 2 Q. At any time, did you answer the 3 arrest call for Minel Johnson? 4 A. I would have responded once 5 they announced it. But I don't recall 6 exactly when or what that would have 7 happened. Like I said, I was busy with a 8 patient that was about to die in the ICU. 9 Q. Did you participate in any way 10 in the resuscitation of Minel Johnson? 11 A. Not to my recollection. 12 Q. Let's turn to the last page of 13 the series that I called 1, to 1H. It says 14 electronic signatures halfway down or so. 15 A. Yes. 16 Q. And your name appears first, 17 right? 18 A. That is correct. 19 Q. And it was signed 20 electronically by you on May 3rd? 21 A. That's what the record says. 22 Q. Well, it can't say anything 23 else -- withdrawn. 24 Is that when you signed it? 25 A. I don't have concrete Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/2023 Page 26 1 A. HOMSI 2 recollection. But that's what the paper 3 says, so it must have been. 4 Q. You can't sign it without your 5 name and password, right? 6 A. That's right. 7 Q. Nobody else has your password, 8 right? 9 A. No. 10 Q. Right? Yes, I'm right? 11 A. Yes, you're right. 12 Q. So we know you signed it on 13 May 3rd at 5:15 in the morning? 14 A. Yes. 15 Q. Now, it says entered, right? 16 A. Yes. 17 Q. What does that mean? 18 A. It means these were the 19 sections that either I populated or the 20 computer populated when I ended up signing 21 the note. There's different sections to 22 the electronic medical record. Some are 23 authored by the physician and some are 24 auto-imported. This includes a list of the 25 things that you would find in the note Diamond Reporting 800.727.6396 A Veritext Company www.veritext.com FILED: KINGS COUNTY CLERK 04/24/2023 12:46 PM INDEX NO. 523101/2016 NYSCEF DOC. NO. 186 RECEIVED NYSCEF: 04/24/20