Preview
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021
EXHIBIT “B”
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ANN MARIE TURNER
Plaintiff, AFFIDAVIT
vs.
Index No.:
ROSWELL PARK CANCER
INSTITUTE CORPORATION
and
MOSHIM KUKAR, M.D.
Defendants.
_______________________________________
ANN MARIE TURNER, after being duly sworn, deposes and says the following:
1. I am a resident of the County of Erie and State of New York, and currently reside at 27
Marilyn Court, Tonawanda, New York 14150.
2. In January of 2020, I was diagnosed with stage 1, right-sided papillary thyroid cancer.
3. At such time, I began seeking treatment for the cancer from Dr. Moshim Kukar.
4. On February 26, 2020, pursuant to Dr. Kukar’s medical advice and reassurance to my
concerns, I underwent a thyroidectomy at Roswell Park Cancer Institute.
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021
5. During the procedure, Dr. Kukar first discovered that the tumor was stuck to the
recurrent laryngeal nerve.
6. The location of the tumor intertwined with the nerve apparently made the surgery more
dangerous; however, Dr. Kukar still proceeded without being able to inform me of this change.
7. Dr. Kukar dissected the tumor off of the nerve, but severed the recurrent laryngeal
nerve in the process, requiring the nerve to be stitched together and the surgery to be aborted
before completion.
8. I was instructed that the extend of the damage to the recurrent laryngeal nerve would
become evident after 12 months, which has now become evident that it has caused a permanent
paralysis due to the lack of improvement over the year since the surgery.
9. My last appointment with Dr. Kukar was on May 18, 2021, where I again voiced my
complaints over the injuries caused by the surgery, and was told that there was nothing that
could be done to reverse the nerve damage.
10. As a result of the injury to the nerve, I have been forced into speech therapy, and causes
me to have to gasp for air when talking. Additionally, I suffer shortness of breath when I
exercise, which prevents me from exercising that was part of my daily routine, and also hinders
my ability to perform teach at work Moreover, the injury triggers laryngospasms where I am
unable to breathe, and results in my constant anxiety about suffocation.
11. I was not informed of the reasonably foreseeable risks of the surgery, nor of any
potential dangers to her laryngeal recurrent nerve when Dr. Kukar advised me about the
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021
surgery. I was repeatedly assured that this was a standard operation with low risks, presumably
because the extent that the tumor and nerve were intertwined were not known by Dr. Kukar.
12. If I was fully aware of the extent that the tumor and nerve were intertwined, and the
higher dangers associated with the condition and how they could affect my life, then I would
have had serious reservations about proceeding with the surgery in such a rushed manner.
13. Moreover, I have come to learn that I was also not fully advised about the danger, or
lack thereof, posed by the type of cancer which was discovered.
14. I have come to learn that papillary thyroid cancer is a very slow growing cancer that
does not spread, and is very unlikely to cause death.
15. Instead, I was presented with a sense of urgency from Dr. Kukar, which caused a
rushed judgment to have the thyroidectomy a month after discovery. Moreover, I believe that
additional diagnostic testing and review of the tumor was warranted, and would have informed
Dr. Kukar that the tumor and nerve were intertwined, so he could have properly informed me
about the dangers associated with surgery.
16. If I was actually well-informed by Dr. Kukar about the cancer, I would have had an
opportunity to research my options to make a better decision. Instead, I feel like I was
pressured into the decision based upon the stigma associated with cancer.
17. I was also not aware at the time of surgery that Dr. Kukar specialized in performing
surgery to the esophagus, stomach, pancreas, liver, colon and rectum, but only “[m]anagement
of endocrine cancers of the thyroid, parathyroid and adrenal gland”.
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021
18. Dr. Kukar’s medical specialty would have been of particular concern given the
increased difficulty of the surgery and severity of possible side effects when his records
evidence his realization that the tumor and nerve were intertwined.
19. After the surgery, I was in disarray with how the surgery went. I kept attending medical
appointments for treatment from Dr. Kukar to address her recurrent laryngeal nerve, but also
began seeing other specialists to determine the best treatment plan to fix my recurrent laryngeal
nerve as well as to complete the thyroidectomy.
20. Dr. Kukar, as well as other doctors whom I’ve seen, explained to me that the extent and
permanency of the recurrent laryngeal nerve injury would not fully known until after 12
months.
21. For a year I remained hopeful that my recurrent laryngeal nerve would heal, but have
come to the realization that the nerve’s condition is permanent.
22. Additionally, I was recently seen by another specialist about her current, who informed
me that medical malpractice likely occurred as the operative dissection of the thyroid that close
and intertwined to a nerve should not be done.
23. In said conversation, I was informed that the proper approach under medical standards
would consist of conservatively dissecting the tumor at a safe distance away from the nerve,
and then using radioactive iodine to kill the remaining cancerous and thyroid cells.
24. Dr. Kukar never explained any alternatives to his method of performing the
thyroidectomy, nor was the utilization of radioactive iodine ever mentioned.
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021
Ann Marie Turner
me on this
E
Sworn to before
day of May, 2021
Notary Public
KEVIN B. CAMPBELL
Notary Public, State of New York
Reg. No. 02CA6305315
Quallfled In Erie County
Commission Expires June 9, 203
Preview
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021 EXHIBIT “B” FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ANN MARIE TURNER Plaintiff, AFFIDAVIT vs. Index No.: ROSWELL PARK CANCER INSTITUTE CORPORATION and MOSHIM KUKAR, M.D. Defendants. _______________________________________ ANN MARIE TURNER, after being duly sworn, deposes and says the following: 1. I am a resident of the County of Erie and State of New York, and currently reside at 27 Marilyn Court, Tonawanda, New York 14150. 2. In January of 2020, I was diagnosed with stage 1, right-sided papillary thyroid cancer. 3. At such time, I began seeking treatment for the cancer from Dr. Moshim Kukar. 4. On February 26, 2020, pursuant to Dr. Kukar’s medical advice and reassurance to my concerns, I underwent a thyroidectomy at Roswell Park Cancer Institute. FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021 5. During the procedure, Dr. Kukar first discovered that the tumor was stuck to the recurrent laryngeal nerve. 6. The location of the tumor intertwined with the nerve apparently made the surgery more dangerous; however, Dr. Kukar still proceeded without being able to inform me of this change. 7. Dr. Kukar dissected the tumor off of the nerve, but severed the recurrent laryngeal nerve in the process, requiring the nerve to be stitched together and the surgery to be aborted before completion. 8. I was instructed that the extend of the damage to the recurrent laryngeal nerve would become evident after 12 months, which has now become evident that it has caused a permanent paralysis due to the lack of improvement over the year since the surgery. 9. My last appointment with Dr. Kukar was on May 18, 2021, where I again voiced my complaints over the injuries caused by the surgery, and was told that there was nothing that could be done to reverse the nerve damage. 10. As a result of the injury to the nerve, I have been forced into speech therapy, and causes me to have to gasp for air when talking. Additionally, I suffer shortness of breath when I exercise, which prevents me from exercising that was part of my daily routine, and also hinders my ability to perform teach at work Moreover, the injury triggers laryngospasms where I am unable to breathe, and results in my constant anxiety about suffocation. 11. I was not informed of the reasonably foreseeable risks of the surgery, nor of any potential dangers to her laryngeal recurrent nerve when Dr. Kukar advised me about the FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021 surgery. I was repeatedly assured that this was a standard operation with low risks, presumably because the extent that the tumor and nerve were intertwined were not known by Dr. Kukar. 12. If I was fully aware of the extent that the tumor and nerve were intertwined, and the higher dangers associated with the condition and how they could affect my life, then I would have had serious reservations about proceeding with the surgery in such a rushed manner. 13. Moreover, I have come to learn that I was also not fully advised about the danger, or lack thereof, posed by the type of cancer which was discovered. 14. I have come to learn that papillary thyroid cancer is a very slow growing cancer that does not spread, and is very unlikely to cause death. 15. Instead, I was presented with a sense of urgency from Dr. Kukar, which caused a rushed judgment to have the thyroidectomy a month after discovery. Moreover, I believe that additional diagnostic testing and review of the tumor was warranted, and would have informed Dr. Kukar that the tumor and nerve were intertwined, so he could have properly informed me about the dangers associated with surgery. 16. If I was actually well-informed by Dr. Kukar about the cancer, I would have had an opportunity to research my options to make a better decision. Instead, I feel like I was pressured into the decision based upon the stigma associated with cancer. 17. I was also not aware at the time of surgery that Dr. Kukar specialized in performing surgery to the esophagus, stomach, pancreas, liver, colon and rectum, but only “[m]anagement of endocrine cancers of the thyroid, parathyroid and adrenal gland”. FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021 18. Dr. Kukar’s medical specialty would have been of particular concern given the increased difficulty of the surgery and severity of possible side effects when his records evidence his realization that the tumor and nerve were intertwined. 19. After the surgery, I was in disarray with how the surgery went. I kept attending medical appointments for treatment from Dr. Kukar to address her recurrent laryngeal nerve, but also began seeing other specialists to determine the best treatment plan to fix my recurrent laryngeal nerve as well as to complete the thyroidectomy. 20. Dr. Kukar, as well as other doctors whom I’ve seen, explained to me that the extent and permanency of the recurrent laryngeal nerve injury would not fully known until after 12 months. 21. For a year I remained hopeful that my recurrent laryngeal nerve would heal, but have come to the realization that the nerve’s condition is permanent. 22. Additionally, I was recently seen by another specialist about her current, who informed me that medical malpractice likely occurred as the operative dissection of the thyroid that close and intertwined to a nerve should not be done. 23. In said conversation, I was informed that the proper approach under medical standards would consist of conservatively dissecting the tumor at a safe distance away from the nerve, and then using radioactive iodine to kill the remaining cancerous and thyroid cells. 24. Dr. Kukar never explained any alternatives to his method of performing the thyroidectomy, nor was the utilization of radioactive iodine ever mentioned. FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 05/25/2021 Ann Marie Turner me on this E Sworn to before day of May, 2021 Notary Public KEVIN B. CAMPBELL Notary Public, State of New York Reg. No. 02CA6305315 Quallfled In Erie County Commission Expires June 9, 203