Preview
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021
EXHIBIT “A”
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ANN MARIE TURNER
27 Marilyn Court
Tonawanda, New York 14150
Plaintiff, SUMMONS
vs.
Index No.:
ROSWELL PARK CANCER
INSTITUTE CORPORATION
Elm and Carlton Streets
Buffalo, New York 12263
and
MOSHIM KUKAR, M.D.
Elm and Carlton Streets
Buffalo, New York 12263
Defendants.
_______________________________________
YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a
copy of your Answer upon Plaintiff’s attorney at the address stated below within twenty (20) days
after the personal service of this Summons, exclusive of the day of service, (or within thirty (30)
days after service is complete if this Summons is not personally delivered to you within the State of
New York); and in case of your failure to appear or answer, judgment will be taken against you by
default for the relief demanded in the Complaint.
Plaintiff designates Erie County as the place of trial. The basis of venue is Plaintiff's
residence, Defendant’s address, and the place of the accident.
Dated: Tonawanda, New York
May 18, 2021
___________________
Kevin T. Stocker, Esq.
Attorney for Plaintiff
2645 Sheridan Dr.
Tonawanda, NY 14150
Phone: 716-832-3006
Fax: 716-832-3660
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021
STATE OF NEW YORK
SUPREME COURT : COUNTY OF ERIE
ANN MARIE TURNER
Plaintiff, VERIFIED COMPLAINT
vs.
Index No.:
ROSWELL PARK CANCER
INSTITUTE CORPORATION
and
MOSHIM KUKAR, M.D.
Defendants.
_______________________________________
Plaintiff, ANN MARIE TURNER, by way of her attorney, Kevin T. Stocker, Esq.,
alleges as follows:
1. That ANN MARIE TURNER (hereinafter “Ms. Turner” or “Plaintiff”) is a resident of
Erie County and resides at 27 Marilyn Court, Tonawanda, New York 14150.
2. That Defendant ROSWELL PARK CANCER INSTITUTE CORPORATION
(hereinafter “Roswell”) is a hospital duly organized under the laws of the State of New York,
and a public benefit corporation based upon information and belief, with a principal place of
business located at Elm and Carlton Streets, Buffalo, New York 12263.
3. That Defendant MOSHIM KUKAR, M.D. (hereinafter “Kukar”) is a board-certified
medical doctor whose medical practice includes working as a doctor at Roswell.
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STATEMENT OF FACTS
4. Ms. Turner was diagnosed with stage 1, right-sided papillary thyroid cancer in January
of 2020.
5. At such time, Ms. Turner began seeking treatment for the cancer from Defendants
Roswell and Kukar.
6. On February 26, 2020, pursuant to Dr. Kukar’s advice, Ms. Turner agreed to undergo a
thyroidectomy at Roswell which was performed by Dr. Kukar.
7. At no time prior to the surgery were alternatives to the surgery or risks of not having
the surgery explained to Ms. Turner. In fact, Defendants failed to even fully explain the type of
cancer to Ms. Turner, which is widely known as being a much less aggressive cancer, with
little worry of spreading or being life-threatening.
8. Instead, Ms. Turner was advised to have the cancer removed as soon as possible for her
health and livelihood.
9. Ms. Turner was also not informed of the reasonably foreseeable risks that could occur,
including to her recurrent laryngeal nerve, as a result of the thyroidectomy.
10. During the procedure, Dr. Kukar noted that the thyroid was sitting against the recurrent
laryngeal nerve, and the tumor was in fact stuck to the nerve.
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11. Despite the knowledge that the surgery was more difficult with increased, Dr. Kukar
still proceeded with the surgery by attempting to sharply dissect the thyroid gland off of the
nerve.
12. In the process, Dr. Kukar severed the recurrent laryngeal nerve, requiring him to then
suture or stich the nerve in an attempt to repair the damage he had caused.
13. Upon information and belief, there was also not a proper monitoring system in place on
the laryngeal nerve at the time of the surgery to document its activity and inform Dr. Kukar of
an injury to the nerve from diminished signals.
14. Thereafter, Plaintiff has been advised that nerve damage, like the one she suffered to
her recurrent laryngeal nerve, could heal within the first year so the full extent of her injuries
would not be known for many months.
15. In her recent visit with Dr. Kukar, on May 18, 2021 and over a year since her surgery,
Plaintiff was advised that her nerve injury was permanent and nothing could be done to return
her health to its condition before the botched thyroidectomy surgery.
16. Thus, it has become evident that the damage to the recurrent laryngeal nerve constitutes
a permanent injury and/or paralysis of said nerve as it has been over a year.
17. As a result of the nerve damage, Plaintiff being forced to take speech therapy, along
with pain and suffering such as shortness of breath which prevents her from exercising and
adversely affects her work, and triggered laryngospasms where she cannot breathe and feels
like she is suffocating.
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18. Plaintiff was not informed of the reasonably foreseeable risks from the surgery,
including any potential to injure her laryngeal recurrent nerve when she was being advised
about surgery.
19. If Plaintiff knew that there was a danger to the nerve that could adversely affect her
ability to communicate as well as her ability to exercise and perform her duties as a teacher,
then she would have had serious reservations about proceeding with the surgery in such a
rushed manner.
20. Plaintiff was also not informed of the alternatives to the surgery, including the ability to
conservatively remove the thyroid and then use radioactive iodine to remove any remaining
cancerous cells or thyroid tissue.
21. Moreover, Plaintiff was not fully advised about the risks involved if there was no
surgery, particularly with the stage 1 papillary thyroid cancer herein. Plaintiff only later
learned, from other medical professionals, that stage 1 papillary thyroid cancer is a very slow
growing cancer that does not spread, and is very unlikely to cause death.
22. Plaintiff was also not aware 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”.
23. As a result of these actions, Plaintiff is bringing the instant action for medical
malpractice and lack of informed consent.
4
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FIRST CAUSE OF ACTION
Medical Malpractice
24. Plaintiff repeats and re-iterates the above allegations contained in paragraphs “1”
through “23” as if same were set forth herein at length.
25. Defendant Dr. Kukar is the agent of Defendant Roswell, and as such, Roswell is also
responsible for the actions of Dr. Kukar.
26. Starting in January of 2020 and continuing into May of 2021, Plaintiff received medical
treatment from Dr. Kukar as well as Roswell and its employees, agents, and/or associates.
27. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
were obligated to have a reasonable degree of knowledge and skill that is expected of a doctor
who handles stage 1 papillary thyroid cancer and performs thyroidectomies like Plaintiff’s.
28. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
had a duty to provide reasonable and adequate care to Plaintiff, as would a reasonably prudent
doctor would under the circumstances.
29. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
deviated from the accepted medical practice in the treatment and surgery of Plaintiff, failed to
comply with minimum statewide and national standards of medical care in performing
5
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thyroidectomies and failed to provide Plaintiff with reasonable and adequate care for her health
and well-being.
30. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
breached their duty that they owed to Plaintiff, and failed to treat her with a reasonable degree
of knowledge and skill when Dr. Kukar severed Plaintiff’s recurrent laryngeal nerve when
attempting to cut out the cancerous tumor, instead of conservatively cutting the tumor near the
nerve and removing the rest of the thyroid before using radioactive iodine to eliminate the
remaining cancerous cells and thyroid cells.
31. As a result of negligent departures from accepted standards of care, constituting
breaches of the aforementioned duties, Defendants Dr. Kukar and Roswell, along with its
employees, agents, and/or associates, failed to provide Plaintiff with reasonable and adequate
care for her health and well-being.
32. As a result of negligent departures from accepted standards of care, constituting
breaches of the aforementioned duties, Defendants Dr. Kukar and Roswell, along with its
employees, agents, and/or associates, caused Plaintiff to suffer serious physical injuries of a
permanent nature which will adversely affect her life, including her ability to perform her
duties as a teacher.
33. The foregoing caused the Plaintiff to suffer severe injuries and conscious pain and
suffering,
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34. The above-described incidents and injuries were caused by the negligent, reckless,
careless, willful, wanton, and/or grossly negligent acts and/or omissions of the Defendants Dr.
Kukar and Roswell, along with its employees, agents, and/or associates, without any
negligence or want of care on the part of Plaintiff.
35. As a result, Plaintiff properly establishes the allegations for her cause of action for
medical malpractice herein.
SECOND CAUSE OF ACTION
Lack of Informed Consent
36. Plaintiff repeats and re-iterates the above allegations contained in paragraphs “1”
through “35” as if same were set forth herein at length.
37. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
had a duty to provide certain information concerning the thyroidectomy surgery, the
alternatives to that surgery including the risks involved with not having the surgery at all, and
the reasonably foreseeable risks of going forward with the surgery.
38. In educating and informing Plaintiff, Defendants Dr. Kukar and Roswell, along with its
employees, agents, and/or associates, also had the duty to explain, in a way that Plaintiff would
understand, all the facts that would be explained by a reasonable medical practitioner so that
Plaintiff’s consent, would be given with an awareness of the following: (1) Plaintiff’s existing
physical condition; (2) the purposes and advantages of the surgery; (3) the reasonably
7
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foreseeable risks to Plaintiff’s health and/or life which the surgery may impose; (4) the risks
involved to the Plaintiff if there is no surgery; and (5) the available alternatives and the risks
and advantages of those alternatives.
39. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
failed to satisfy their duties to fully inform Plaintiff in order to acquire her consent.
40. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
failed to inform Plaintiff about the alternatives to the surgery as they never mentioned
conservatively cutting the tumor out to reduce risks, and then using radioactive iodine to kill
any remaining cancerous cells or thyroid tissue.
41. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
also failed to inform Plaintiff on the risks of not going through with the surgery at all, which is
extremely pertinent herein given that stage 1 papillary thyroid cancer is a very slow growing
cancer which does not spread, and has a very low fatality rate.
42. Moreover, Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or
associates, failed to inform Plaintiff of any reasonably foreseeable risks which could occur if
she went forward with the surgery. In particular, Plaintiff was not fully and explicitly informed
of any potential dangers to her laryngeal recurrent nerve when she was being advised about
surgery.
43. If Plaintiff knew that there was a danger to the nerve that could adversely affect her
ability to communicate as well as her ability to exercise and perform her duties as a teacher,
then she would have had serious reservations about proceeding with the surgery in such a
8
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rushed manner. Plaintiff would have preferred Dr. Kukar to instead sew her up when he
realized there was a problem, and then allow Plaintiff to reassess her situation with full
understanding of what the procedure would then entail.
44. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates,
also breached their duties, and failed to get Plaintiff’s consent, by not adequately explaining:
the purposes and advantages of the surgery; the reasonably foreseeable risks to Plaintiff’s
health and/or life which the surgery may impose; the risks involved to the Plaintiff if there is
no surgery; and the available alternatives and the risks and advantages of those alternatives.
45. As a result, there was a lack of informed consent by Defendants in proceeding with a
thyroidectomy of Plaintiff.
WHEREFORE, Plaintiff seeks damages in excess of the Court’s jurisdictional limits,
and any other relief that the Court deems fair and reasonable.
Dated: May 18, 2021
Tonawanda, New York
Kevin T. Stocker, Esq.
Attorney for Plaintiff
2645 Sheridan Drive
Tonawanda, NY 1415
(716) 832-3006
9
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021
NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021
10
Preview
FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 EXHIBIT “A” FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ANN MARIE TURNER 27 Marilyn Court Tonawanda, New York 14150 Plaintiff, SUMMONS vs. Index No.: ROSWELL PARK CANCER INSTITUTE CORPORATION Elm and Carlton Streets Buffalo, New York 12263 and MOSHIM KUKAR, M.D. Elm and Carlton Streets Buffalo, New York 12263 Defendants. _______________________________________ YOU ARE HEREBY SUMMONED to answer the Complaint in this action and to serve a copy of your Answer upon Plaintiff’s attorney at the address stated below within twenty (20) days after the personal service of this Summons, exclusive of the day of service, (or within thirty (30) days after service is complete if this Summons is not personally delivered to you within the State of New York); and in case of your failure to appear or answer, judgment will be taken against you by default for the relief demanded in the Complaint. Plaintiff designates Erie County as the place of trial. The basis of venue is Plaintiff's residence, Defendant’s address, and the place of the accident. Dated: Tonawanda, New York May 18, 2021 ___________________ Kevin T. Stocker, Esq. Attorney for Plaintiff 2645 Sheridan Dr. Tonawanda, NY 14150 Phone: 716-832-3006 Fax: 716-832-3660 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE ANN MARIE TURNER Plaintiff, VERIFIED COMPLAINT vs. Index No.: ROSWELL PARK CANCER INSTITUTE CORPORATION and MOSHIM KUKAR, M.D. Defendants. _______________________________________ Plaintiff, ANN MARIE TURNER, by way of her attorney, Kevin T. Stocker, Esq., alleges as follows: 1. That ANN MARIE TURNER (hereinafter “Ms. Turner” or “Plaintiff”) is a resident of Erie County and resides at 27 Marilyn Court, Tonawanda, New York 14150. 2. That Defendant ROSWELL PARK CANCER INSTITUTE CORPORATION (hereinafter “Roswell”) is a hospital duly organized under the laws of the State of New York, and a public benefit corporation based upon information and belief, with a principal place of business located at Elm and Carlton Streets, Buffalo, New York 12263. 3. That Defendant MOSHIM KUKAR, M.D. (hereinafter “Kukar”) is a board-certified medical doctor whose medical practice includes working as a doctor at Roswell. 1 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 STATEMENT OF FACTS 4. Ms. Turner was diagnosed with stage 1, right-sided papillary thyroid cancer in January of 2020. 5. At such time, Ms. Turner began seeking treatment for the cancer from Defendants Roswell and Kukar. 6. On February 26, 2020, pursuant to Dr. Kukar’s advice, Ms. Turner agreed to undergo a thyroidectomy at Roswell which was performed by Dr. Kukar. 7. At no time prior to the surgery were alternatives to the surgery or risks of not having the surgery explained to Ms. Turner. In fact, Defendants failed to even fully explain the type of cancer to Ms. Turner, which is widely known as being a much less aggressive cancer, with little worry of spreading or being life-threatening. 8. Instead, Ms. Turner was advised to have the cancer removed as soon as possible for her health and livelihood. 9. Ms. Turner was also not informed of the reasonably foreseeable risks that could occur, including to her recurrent laryngeal nerve, as a result of the thyroidectomy. 10. During the procedure, Dr. Kukar noted that the thyroid was sitting against the recurrent laryngeal nerve, and the tumor was in fact stuck to the nerve. 2 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 11. Despite the knowledge that the surgery was more difficult with increased, Dr. Kukar still proceeded with the surgery by attempting to sharply dissect the thyroid gland off of the nerve. 12. In the process, Dr. Kukar severed the recurrent laryngeal nerve, requiring him to then suture or stich the nerve in an attempt to repair the damage he had caused. 13. Upon information and belief, there was also not a proper monitoring system in place on the laryngeal nerve at the time of the surgery to document its activity and inform Dr. Kukar of an injury to the nerve from diminished signals. 14. Thereafter, Plaintiff has been advised that nerve damage, like the one she suffered to her recurrent laryngeal nerve, could heal within the first year so the full extent of her injuries would not be known for many months. 15. In her recent visit with Dr. Kukar, on May 18, 2021 and over a year since her surgery, Plaintiff was advised that her nerve injury was permanent and nothing could be done to return her health to its condition before the botched thyroidectomy surgery. 16. Thus, it has become evident that the damage to the recurrent laryngeal nerve constitutes a permanent injury and/or paralysis of said nerve as it has been over a year. 17. As a result of the nerve damage, Plaintiff being forced to take speech therapy, along with pain and suffering such as shortness of breath which prevents her from exercising and adversely affects her work, and triggered laryngospasms where she cannot breathe and feels like she is suffocating. 3 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 18. Plaintiff was not informed of the reasonably foreseeable risks from the surgery, including any potential to injure her laryngeal recurrent nerve when she was being advised about surgery. 19. If Plaintiff knew that there was a danger to the nerve that could adversely affect her ability to communicate as well as her ability to exercise and perform her duties as a teacher, then she would have had serious reservations about proceeding with the surgery in such a rushed manner. 20. Plaintiff was also not informed of the alternatives to the surgery, including the ability to conservatively remove the thyroid and then use radioactive iodine to remove any remaining cancerous cells or thyroid tissue. 21. Moreover, Plaintiff was not fully advised about the risks involved if there was no surgery, particularly with the stage 1 papillary thyroid cancer herein. Plaintiff only later learned, from other medical professionals, that stage 1 papillary thyroid cancer is a very slow growing cancer that does not spread, and is very unlikely to cause death. 22. Plaintiff was also not aware 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”. 23. As a result of these actions, Plaintiff is bringing the instant action for medical malpractice and lack of informed consent. 4 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 FIRST CAUSE OF ACTION Medical Malpractice 24. Plaintiff repeats and re-iterates the above allegations contained in paragraphs “1” through “23” as if same were set forth herein at length. 25. Defendant Dr. Kukar is the agent of Defendant Roswell, and as such, Roswell is also responsible for the actions of Dr. Kukar. 26. Starting in January of 2020 and continuing into May of 2021, Plaintiff received medical treatment from Dr. Kukar as well as Roswell and its employees, agents, and/or associates. 27. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, were obligated to have a reasonable degree of knowledge and skill that is expected of a doctor who handles stage 1 papillary thyroid cancer and performs thyroidectomies like Plaintiff’s. 28. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, had a duty to provide reasonable and adequate care to Plaintiff, as would a reasonably prudent doctor would under the circumstances. 29. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, deviated from the accepted medical practice in the treatment and surgery of Plaintiff, failed to comply with minimum statewide and national standards of medical care in performing 5 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 thyroidectomies and failed to provide Plaintiff with reasonable and adequate care for her health and well-being. 30. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, breached their duty that they owed to Plaintiff, and failed to treat her with a reasonable degree of knowledge and skill when Dr. Kukar severed Plaintiff’s recurrent laryngeal nerve when attempting to cut out the cancerous tumor, instead of conservatively cutting the tumor near the nerve and removing the rest of the thyroid before using radioactive iodine to eliminate the remaining cancerous cells and thyroid cells. 31. As a result of negligent departures from accepted standards of care, constituting breaches of the aforementioned duties, Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, failed to provide Plaintiff with reasonable and adequate care for her health and well-being. 32. As a result of negligent departures from accepted standards of care, constituting breaches of the aforementioned duties, Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, caused Plaintiff to suffer serious physical injuries of a permanent nature which will adversely affect her life, including her ability to perform her duties as a teacher. 33. The foregoing caused the Plaintiff to suffer severe injuries and conscious pain and suffering, 6 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 34. The above-described incidents and injuries were caused by the negligent, reckless, careless, willful, wanton, and/or grossly negligent acts and/or omissions of the Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, without any negligence or want of care on the part of Plaintiff. 35. As a result, Plaintiff properly establishes the allegations for her cause of action for medical malpractice herein. SECOND CAUSE OF ACTION Lack of Informed Consent 36. Plaintiff repeats and re-iterates the above allegations contained in paragraphs “1” through “35” as if same were set forth herein at length. 37. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, had a duty to provide certain information concerning the thyroidectomy surgery, the alternatives to that surgery including the risks involved with not having the surgery at all, and the reasonably foreseeable risks of going forward with the surgery. 38. In educating and informing Plaintiff, Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, also had the duty to explain, in a way that Plaintiff would understand, all the facts that would be explained by a reasonable medical practitioner so that Plaintiff’s consent, would be given with an awareness of the following: (1) Plaintiff’s existing physical condition; (2) the purposes and advantages of the surgery; (3) the reasonably 7 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 foreseeable risks to Plaintiff’s health and/or life which the surgery may impose; (4) the risks involved to the Plaintiff if there is no surgery; and (5) the available alternatives and the risks and advantages of those alternatives. 39. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, failed to satisfy their duties to fully inform Plaintiff in order to acquire her consent. 40. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, failed to inform Plaintiff about the alternatives to the surgery as they never mentioned conservatively cutting the tumor out to reduce risks, and then using radioactive iodine to kill any remaining cancerous cells or thyroid tissue. 41. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, also failed to inform Plaintiff on the risks of not going through with the surgery at all, which is extremely pertinent herein given that stage 1 papillary thyroid cancer is a very slow growing cancer which does not spread, and has a very low fatality rate. 42. Moreover, Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, failed to inform Plaintiff of any reasonably foreseeable risks which could occur if she went forward with the surgery. In particular, Plaintiff was not fully and explicitly informed of any potential dangers to her laryngeal recurrent nerve when she was being advised about surgery. 43. If Plaintiff knew that there was a danger to the nerve that could adversely affect her ability to communicate as well as her ability to exercise and perform her duties as a teacher, then she would have had serious reservations about proceeding with the surgery in such a 8 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 rushed manner. Plaintiff would have preferred Dr. Kukar to instead sew her up when he realized there was a problem, and then allow Plaintiff to reassess her situation with full understanding of what the procedure would then entail. 44. Defendants Dr. Kukar and Roswell, along with its employees, agents, and/or associates, also breached their duties, and failed to get Plaintiff’s consent, by not adequately explaining: the purposes and advantages of the surgery; the reasonably foreseeable risks to Plaintiff’s health and/or life which the surgery may impose; the risks involved to the Plaintiff if there is no surgery; and the available alternatives and the risks and advantages of those alternatives. 45. As a result, there was a lack of informed consent by Defendants in proceeding with a thyroidectomy of Plaintiff. WHEREFORE, Plaintiff seeks damages in excess of the Court’s jurisdictional limits, and any other relief that the Court deems fair and reasonable. Dated: May 18, 2021 Tonawanda, New York Kevin T. Stocker, Esq. Attorney for Plaintiff 2645 Sheridan Drive Tonawanda, NY 1415 (716) 832-3006 9 FILED: ERIE COUNTY CLERK 05/25/2021 11:49 PM INDEX NO. 806930/2021 NYSCEF DOC. NO. 5 RECEIVED NYSCEF: 05/25/2021 10