Exhibit,Appendix: Robert Stoller v. Erik Goluboff M.D., Mount Sinai Hospitals, Mount Sinai / Beth Israel Medical Center, Steven Gruber M.D., New Jewish Home, Thukha Henry M.D., Amna Buttar M.D., Eric Kirschner M.D., New York - Presbyterian Hospital

On September 09, 2019 a Exhibit,Appendix was filed involving a dispute between Robert Stoller, and Amna Buttar M.D., Eric Kirschner M.D., Erik Goluboff M.D., Mount Sinai Beth Israel Medical Center, Mount Sinai Hospitals, New Jewish Home, New York - Presbyterian Hospital, Steven Gruber M.D., Thukha Henry M.D., for Torts - Medical, Dental, or Podiatrist Malpractice in the District Court of Kings County.

Preview
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

E
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

SUPREME COURT OF THE STATE OF NEW YORK Index No.; 519768/2019
COUNTY OF KINGS
-X
ROBERT STOLLER,

Plaintiff,
VERIFIED BILL
-against - OF PARTICULARS
ERIK GOLUBOFF, M.D., MOUNT SINAI
HOSPITALS, MOUNT SINAI/ BETH ISRAEL
MEDICAL CENTER, STEVEN GRUBER, M.D., NEW
JEWISH HOME, THUKHA HENRY, M.D., AMNA
BUTTAR, M.D., ERIC KIRSCHNER, M.D., and NEW
YORK-PREBYTERIAN HOSPITAL,

Defendants.
-X
SIRS:
Plaintiff(s), above named as and their Verified Bill of Particulars, pursuant to the

demand of the defendant ERIK KIRSCHNER, M.D. upon information and belief

respectfully alleges:

1. a. Plaintiffs date of birth is is Hjjjjjjjjjj^g 1948. Redacted per NYCRR

§202.5(e).

b. Plaintiffs residence address is 511 East 87* Street, Apt 20, New York, NY

10128.

c. Plaintiffs residence address at the time of negligence is 511 East 87* Street,

Apt 20, New York, NY 10128.

d. Not applicable, plaintiff is not married.

e. Not applicable.

f. Impermissible per CPLR §3043 and NYCRR §202.5(e) and will be provided

off the record at plaintiffs EBT.
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

g. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiff will provide

authorizations in response to this demand as applicable.

2. The defendant ERIK KJRSCHNER, M.D., and/or his agents, servants and/or

employees were careless, negligent and unskillful in failing to timely and/or properly

monitor the ureters, kidneys and/or obstruction thereof; failing to provide timely and/or

proper ureter treatment to avoid hydronephrosis, hydroureteronephrosis, ureter distention,

wound healing, medical treatment, appropriate and/or comprehensive post-surgical follow

up checks; in failing to timely and/or properly avoid, treat, investigate, address and/or

remove ureter obstruction; in failing to timely and/or properly appreciate, recognize,

consider, rule out, and/or treat impending ureter obstruction, impending hydronephrosis,

decreased glomerular filtration rate, subsequent kidney dysfunction, acute kidney injury,

chronic kidney injury and/or renal atrophy; in failing to adhere to the medical standards

established, including but not limited to failing to appreciate, inspect, diagnose, correct,

and/or treat ureter stent placed in improper anatomical position; in failing to test, prove

and/or demonstrate patency and/or non obstructed lumen of ureter status post operative to

radical cystectomy and/or after dehiscence and/or dehiscence surgical closure; in failing to

closely monitor ureter, ureter distention, ureter stent placement, ureter stent migration, ureter

stent encrustation, and/or ureter anastomosis healing; in failing to appreciate, consider,

prevent, rule out, and/or recognize that immediate readjustment and/or repositioning of

placed ureteral stent would affect fibrotic changes and/or obstruction which occurs in the

natural course of wound healing.
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

3. The alleged negligence and/or omissions occurred approximately on or about

July 11, 2017 and continuing through on or about July 9, 2019.

4. Kindly refer to response to demand # 2 and 3.

5-9. Objection. Beyond the scope of CPLR §3034 and violates CPLR §3130, seeks

expert disclosure and is an improper demand pursuant to Patterson v. Jewish Hospital and

Medical Center of Brooklyn, 405 N.Y.S.2d 194 (1978) affd 65 A.D.2d 553 (2nd Dept.

1978).

10. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, special damages are not

being claimed until the date of trial, except that plaintiffs will claim past damages to the full

extent of any amounts claimed by lien holders to be due and owing and/or to the fiill extent

of any amounts attached by lien holders claimed to be due and owing. Furthermore,

plaintiffs claim that any attached liens, the existence of and total amounts of which are

unknown at this time are the full responsibility of the defendants.

Notwithstanding the foregoing, plaintiffs will claim FIVE MILLION DOLLARS

($5,000,000.00) PRESENT VALUE for future medical care costs, therapies and treatments.

The above economic numbers are subject to change due to factors at the time of trial and

further information regarding will be provided by and through plaintiffs’ experts, as well as

by and through records.

11. Authorizations and/or this information will be provided as applicable.

12. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

13. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(l) and

CPLR §3130, seeks expert disclosure and is an improper demand pursuant to Patterson v.
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

Jewish Hospital and Medical Center of Brooklyn, 405 N.Y.S.ld 194 (1978) aff d 65 A.D.2d

553 (2nd Dept. 1978); Scalone v. Phelps Memorial Hospital Center, 184 A.D.2d 65 (2nd

Dept. 1992). Without waiving the foregoing and other applicable objections the defendants

failed to impart any risks concerning the treatment or procedures. Plaintiffs contend that the

defendants should have informed them of each of the risks, benefits and alternatives to the

treatment contemplated and being rendered. Plaintiffs were aware of no risks prior to

procedures performed and treatment rendered by the answering defendants, including those

of the medications prescribed and administered.

14-16. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiffs will provide

authorizations in response to this demand as applicable.

17. The plaintiff ROBERT STOLLER sustained the following injuries and

complications which were caused, contributed to and/or aggravated by the defendant’s

negligence:

• Pain and suffering and sequelae thereto;

• Depression and sequelae thereto;

• Mental anguish and emotional distress and sequelae thereto;

• Extreme pain and suffering, and sequelae thereto;

• Multiple surgieal procedures and/or therapies and sequelae thereto;

• Drastic reduction in quality of life and sequelae thereto;

• Physical therapies and sequelae thereto;

• Occupational therapies and sequelae thereto;

• Multiple surgical incisions and sequelae thereto;
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

" Anemia and sequelae thereto;

" and/or and sequelae thereto;
Scarring deformity

" Internal fibrosis and sequelae thereto;

" Constant and continuous insults to emotional and sequelae
stability thereto;

" Post traumatic stress disorder and sequelae thereto;

" Fear or death and sequelae thereto;

" Terror and sequelae thereto;

" Suicidal thoughts and sequelae thereto;

" Ureteral obstruction and sequelae thereto;

" Mental and sequelae
anguish, suffering thereto;

" in chemotherapy treatment and sequelae thereto;
Delay

" Bilateral hydronephrosis and sequelae thereto;

" injury, acute injury, chronic and sequelae
Kidney kidney kidney injury thereto;

" Surgical wound dehiscence and sequelae thereto;

" Intestinal evisceration and sequelae thereto;

" Complex wound closure and sequelae thereto;

" Adhesions and/or fibrosis of abdominal and sequelae thereto;
cavity

" Ureteral stent displacement, migration, encrustation and sequelae thereto;

" Evisceration of bowels and sequelae therto;

It will be claimed that all of the above injuries and complications were permanent,

protracted and progressive.
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

18-19. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiffs will provide

authorizations in response to this demand as applicable.

20. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(1) and

CPLR §3130, seeks expert disclosure and is an improper demand pursuant to Patterson v.

Jewish Hospital and Medical Center of Brooklyn, 405 N.Y.S.2d 194 (1978) aff'd 65 A'D.2d

553 (2nd Dept. 1978); Scalone v. Phelps Memorial Hospital Center, 184 A.D.2d 65 (2nd

Dept. 1992). Without waiving the foregoing and other applicable objections the defendants

failed to impart any risks concerning the treatment or procedures. Plaintiffs contend that the

defendants should have informed them of each of the risks, benefits and alternatives to the

treatment contemplated and being rendered. Plaintiffs were aware of no risks prior to

procedures performed and treatment rendered by the answering defendants, including those

of the medications prescribed and administered.

21-22. Objection. Beyond the scope of CPLR §3043 and violates CPLR

§3130. Without waiving the foregoing and other applicable objections, plaintiffs will

provide authorizations in response to this demand as applicable.

23. The plaintiff ROBERT STOLLER was confined to a bed, home and/or hospital

from on or about April 6, 2017 until present.

24. Not applicable.

25. Not applicable.

26. Objection. Beyond the scope of CPLR §3034 and violates CPLR §3130.

Without waiving foregoing and other applicable objections, not applicable.
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

27. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(l) and

violates CPLR §3130, seeks expert disclosure and is an improper demand pursuant to

Patterson v. Jewish Hospital and Medical Center of Brooklyn. 405 N.Y.S.2d 194 (1978)

afPd 65 A.D.2d 553 (2nd Dept. 1978). Without waiving the foregoing and other applicable

objections, please see paragraph #2.

28. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(l) and

CPLR §3130, seeks expert disclosure and is an improper demand pursuant to Patterson v.

Jewish Hospital and Medical Center of Brooklyn. 405 N.Y.S.2d 194 (1978) aff d 65 A.D.2d

553 (2nd Dept. 1978); Scalone v, Phelps Memorial Hospital Center. 184 A.D.2d 65 (2nd

Dept. 1992). Without waiving the foregoing and other applicable objections the defendants

failed to impart any risks concerning the treatment or procedures. Plaintiffs contend that the

defendants should have informed them of each of the risks, benefits and alternatives to the

treatment contemplated and being rendered. Plaintiffs were aware of no risks prior to

procedures performed and treatment rendered by the answering defendants, including those

of the medications prescribed and administered.

29. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiffs have no

knowledge of the identity of each and every agent, servant and/or employee of the

answering defendants who performed such acts or omission. The agents, servants and/or

employees that plaintiffs are aware of at this time have been named as defendants. The

hospital is vicariously liable for all employees and acts. The plaintiffs are unable to provide

more information at this time but will supplement upon receipt of the defendants’ personnel

files of the individually named defendants.
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

30. Objection. Beyond the scope of CPLR §3034 and violates CPLR §3130.

Without waiving foregoing and other applicable objections, not applicable. Kindly refer to

response to demand # 2 and 17.

31. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiffs have no

knowledge of the identity of each and every agent, servant and/or employee of the

answering defendants who performed such acts or omission. The agents, servants and/or

employees that plaintiffs are aware of at this time have been named as defendants. The

hospital is vicariously liable for all employees and acts. The plaintiffs are unable to provide

more information at this time but will supplement upon receipt of the defendants’ personnel

files of the individually named defendants.

Plaintiffs reserve the right to amend, modify and/or supplement the above at any time,

including up through and during trial.

Dated: New York, New York
February 13, 2020
ON LAW. PLLC

Jordan K. Merson
Attorney for Plaintiffs
150 East Street 34* Floor
New York, New York 10155
(212) 603-9100

To:
AARONSON RAPPAPORT FEINSTEIN & DEUTSCH, LLP
Samuel J. Shapiro
Attorneys for Defendants
NEW YORK-PRESBYTERIAN HOSPITAL and
ERIC KIRSCHNER, M.D.
600 Third Avenue, 5* Floor
New York, NY 10016
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

(212) 593-8486
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
-X
ROBERT STOLLER, Index No.: 519768/19

Plaintiff,

-against -

ERIK GOLUBOFF, M.0., MOUNT SINAI HOSPITALS, CLIENT
MOUNT SINAI/ BETH ISRAEL MEDICAL CENTER, VERIFICATION
STEVEN GRUBER, M.D., NEW JEWISH HOME,
THUKHA HENRY, M.D.i AMNA BUTTAR, M.D., ERIC
KIRSCHNER, M.D., and NEW YORK-PREBYTERIAN
HOSPITAL,

Defendants.
■X
STATE OF NEW YORK ) ss.:

COUNTY OF NEW YORK )

ROBERT STOLLER, being duly sworn, depose and say:

I am the plaintiff in the within action; I have read the foregoing VERIFIED BILL OF

PARTICULARS and know the contents thereof; the same is true to my own knowledge, except

as to the matters therein stated to be alleged on information and belief, and as to those matters I

believe it to be true.

Dated: New York, New York
February 14, 2020

ROBERT STOLLER

Sworn to before me this

KAMELLE MAPADELFIN
Notary Public, State of New York
NO.O1DE6372059
Qualified in New York County
Commission Expires March 12,2.0 JtZ
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

Index No. 519768 Year 2019

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS

ROBERT STOLLER,

Plaintiff (s),

- against -

ERIK GOLUBOFF, M.D., MOUNT SINAI HOSPITALS,
MOUNT SINAI/ BETH ISRAEL MEDICAL CENTER,
STEVEN GRUBER, M.D., NEW JEWISH HOME, THUKHA
HENRY, M.D., AMNA BUTTAR, M.D., ERIC KIRSCHNER,
M.D., and NEW YORK-PREBYTERIAN HOSPITAL,

Defendant(s)i

VERIFIED BILL OF PARTICULARS

Merson Law, PLLC.
A liomeys for Plamliff(s)

Office and Post Office Address, Telephone
150 East 58*^ Street 34'*^ FI.
New York, New York 10155
(212) 603-9100

To; All Parties
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

SUPREME COURT OF THE STATE OF NEW YORK Index No.: 519768/2019
COUNTY OF KINGS
■X
ROBERT STOLLER,

Plaintiff,
VERIFIED BILL
-against OF PARTICULARS
ERIK GOLUBOFF, M.D., MOUNT SINAI
HOSPITALS, MOUNT SEVAI/ BETH ISRAEL
MEDICAL CENTER, STEVEN GRUBER, M.D., NEW
JEWISH HOME, THUKHA HENRY, M.D., AMNA
BUTTAR, M.D., ERIC KIRSCHNER, M.D., and NEW
YORK-PREBYTERIAN HOSPITAL,

Defendants.
■X
SIRS:
Plaintiff(s), above named as and their Verified Bill of Particulars, pursuant to the

demand of the defendant NEW YORK-PRESBYTERIAN HOSPITAL upon information

and belief respectfully alleges:

1. a. Plaintiffs date of birth 1948. Redacted perNYCRR §202.5(e).

b. Plaintiffs residence address is 511 East 87^** Street, Apt 20, New York, NY

10128.

c. Plaintiffs residence address at the time of negligence is 511 East 87^^ Street,

Apt 20, New York, NY 10128.

d. Not applicable, plaintiff is not married.

e. Not applicable.

f. Impermissible per CPLR §3043 and NYCRR §202.5(e) and will be provided

off the record at plaintiffs EBT.
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

g. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiff will provide

authorizations in response to this demand as applicable.

2. Defendant NEW YORK-PRESBYTERIAN HOSPITAL was negligent in

failing to have proper supervision of hospital employees and/or affiliated physicians; in

failing to promulgate and/or enforce rules, regulations and guidelines as to the proper care of

the plaintiffs medical condition then and there existing at the time; in failing to properly

equip and/or supply its physicians, nurses, agents, servants, employees and/or ancillary staff

with the proper tools, devices or otherwise equipment; in failing to supervise, instruct and/or

train its staff, nurses and attendings in appropriate and proper care of a patient with the

signs, symptoms and complaints made by the plaintiffs; in failing to have nurses, residents,

interns and staff timely and properly monitor and/or record the signs, symptoms and the

progress thereof; in failing to comply with the standards of medical and surgical care and

intervention with respect to the care of the plaintiff; in failing to conform to the Joint

Commission of Accreditation of Hospitals insofar as the making and maintaining of hospital

records; in failing to have available a physician with requisite expertise to address, diagnose,

treat, consult with and/or manage the plaintiffs medical condition; in failing or neglecting to

abide by or enforce the policies, procediires, protocols and/or guidelines of the Department

or Division of General surgery, anesthesiology. Oncological surgery, gastrointestinal

surgery, urogenital Surgery and/or ureter stent placement; in failing to provide adequate

consultations and attending physicians; in failing to promulgate and/or enforce proper and

reasonable rules and regulations; and, in failing to perform adequate investigations prior to

granting/issuance or extension of privileges at the hospital and in allowing unqualified.
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

unskilled, unfit and/or incompetent physicians to perform surgical procedures and render

medical treatment; the Defendant and/or their agents, servants and/or employees were

careless, negligent and unskillful in failing to render timely and/or proper primary,

emergency, surgical, oncological, medical and/or urogenital care, including but not limited

to failing to execute a proper, complete and comprehensive study, evaluation, and/or

investigation regarding patients glomerular filtration rate and/or eventual and/or foreseeable

hydroureteronephrosis; in failing to render timely and/or proper adjustment of the left ureter

stent; failing to provide timely and/or proper ureter stent positioning; failing to timely and/or

properly avoid, treat, investigate, address and/or remove ureter obstruction; failing to timely

and/or properly appreciate, recognize, consider, rule out, and/or treat impending ureter

obstruction, impending hydronephrosis, decreased glomerular filtration rate, subsequent

kidney dysfunction, acute kidney injury, chronic kidney injury and/or renal atrophy; in

failing to adhere to the medical standards established, including but not limited to failing to

appreciate, inspect, diagnose, correct, and/or treat ureter stent placed in improper anatomical

position; in failing to test, prove and/or demonstrate patency and/or non obstructed lumen of

ureter status post operative to radical cystectomy and/or prior, during and after dehiscence

and/or dehiscence surgical closure; in failing to closely monitor ureter, ureter distention,

ureter stent placement, ureter stent migration, ureter stent encrustation, and/or ureter

anastomosis healing; in failing to appreciate, consider, prevent, rule out, and/or recognize

that immediate readjustment and/or repositioning of placed ureteral stent would affect

fibrotic changes and/or obstruction which occurs in the natural course of wound healing.

3. The alleged negligence and/or omissions occurred approximately on or about

July 11, 2017 and continuing through on or about July 9, 2019.
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4. Kindly refer to response to demand # 2 and 3.

5-9. Objection. Beyond the scope of CPLR §3034 and violates CPLR §3130, seeks

expert disclosure and is an improper demand pursuant to Patterson v. Jewish Hospital and

Medical Center of Brooklyn. 405 N.Y.S.2d 194 (1978) affd 65 A.D.2d 553 (2nd Dept.

1978).

10. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, special damages are not

being claimed until the date of trial, except that plaintiffs will claim past damages to the Ml

extent of any amounts claimed by lien holders to be due and owing and/or to the Ml extent

of any amounts attached by lien holders claimed to be due and owing. Furthermore,

plaintiffs claim that any attached liens, the existence of and total amounts of which are

unknown at this time are the foil responsibility of the defendants.

Notwithstanding the foregoing, plaintiffs will claim FIVE MILLION DOLLARS

($5,000,000.00) PRESENT VALUE for future medical care costs, therapies and treatments.

The above economic numbers are subject to change due to factors at the time of trial and

further information regarding will be provided by and through plaintiffs’ experts, as well as

by and through records.

11. Authorizations and/or this information will be provided as applicable.

12. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

13. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(l) and

CPLR §3130, seeks expert disclosure and is an improper demand pursuant to Patterson v.

Jewish Hospital and Medical Center of Brooklyn, 405 N.Y.S.2d 194 (1978) afPd 65 A.D.2d

553 (2nd Dept. 1978); Scalone v. Phelps Memorial Hospital Center, 184 A.D.2d 65 (2nd
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

Dq)t. 1992). Without waiving the foregoing and other applicable objections the defendants

failed to impart any risks concerning the treatment or procedures. Plaintiffs contend that the

defendants should have informed them of each of the risks, benefits and alternatives to the

treatment contemplated and being rendered. Plaintiffs were aware of no risks prior to

procedures performed and treatment rendered by the answering defendants, including those

of the medications prescribed and administered.

14-16. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiffs will provide

authorizations in response to this demand as applicable.

17. The plaintiff ROBERT STOLLER sustained the following injuries and

complications which were caused, contributed to and/or aggravated by the defendant’s

negligence:

• Pain and suffering and sequelae thereto;

• Depression and sequelae thereto;

• Mental anguish and emotional distress and sequelae thereto;

• Extreme pain and suffering, and sequelae thereto;

• Multiple surgical procedures and/or therapies and sequelae thereto;

• Drastic reduction in quality of life and sequelae thereto;

• Physical therapies and sequelae thereto;

• Occupational therapies and sequelae thereto;

• Multiple surgical incisions and sequelae thereto;

• Anemia and sequelae thereto;

• Scarring and/or deformity and sequelae thereto;
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" Internal fibrosis and sequelae thereto;

" Constant and continuous insults to emotional and sequelae
stability thereto;

" Post traumatic stress disorder and sequelae thereto;

" Fear or death and sequelae thereto;

" Terror and sequelae thereto;

" Suicidal thoughts and sequelae thereto;

" Ureteral obstruction and sequelae thereto;

" Mental anguish, and sequelae thereto;
suffering

" in chemotherapy treatment and sequelae thereto;
Delay

" Bilateral hydronephrosis and sequelae thereto;

" injury, acute injury, chronic and sequelae thereto;
Kidney kidney kidney injury

" Surgical wound dehiscence and sequelae thereto;

" Intestinal evisceration and sequelae thereto;

" Complex wound closure and sequelae thereto;

" Adhesions and/or fibrosis of abdominal and sequelae thereto;
cavity

" Ureteral stent displacement, migration, encrustation and sequelae thereto;

" Evisceration of bowels and sequelae thereto;

It will be claimed that all of the above injuries and complications were permanent,

protracted and progressive.

18-19. Objection. Beyond the scope of CPLR §3043 and violates CPLR §3130.

Without waiving the foregoing and other applicable objections, plaintiffs will provide

authorizations in response to this demand as applicable.
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NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

20. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(1) and

CPLR §3130, seeks expert disclosure and is an improper demand pursuant to Patterson v.

Jewish Hospital and Medical Center of Brooklyn, 405 N.Y.S.2d 194 (1978) aff'd 65 A.D.2d

553 (2nd Dept. 1978); Scalone v. Phelps Memorial Hospital Center, 184 A.D.2d 65 (2nd

Dept. 1992). Without waiving the foregoing and other applicable objections the defendants

failed to impart any risks concerning the treatment or procedures. Plaintiffs contend that the

defendants should have informed them of each of the risks, benefits and alternatives to the

treatment contemplated and being rendered. Plaintiffs were aware of no risks prior to

procedures performed and treatment rendered by the answering defendants, including those

of the medications prescribed and administered.

21-22. Objection. Beyond the scope of CPLR §3043 and violates CPLR

§3130. Without waiving the foregoing and other applicable objections, plaintiffs will

provide authorizations in response to this demand as applicable.

23. The plaintiff ROBERT STOLLER was confined to a bed, home and/or hospital

from on or about April 6, 2017 until present.

24. Not applicable.

25. Not applicable.

26. Objection. Beyond the scope of CPLR §3034 and violates CPLR §3130.

Without waiving foregoing and other applicable objections, not applicable.

27. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(1) and

violates CPLR §3130, seeks expert disclosure and is an improper demand pursuant to

Patterson v. Jewish Hospital and Medical Center of Brooklyn, 405 N.Y.S.2d 194 (1978)
FILED: KINGS COUNTY CLERK 03/06/2024 11:25 PM INDEX NO. 519768/2019
NYSCEF DOC. NO. 133 RECEIVED NYSCEF: 03/06/2024

aff d 65 A.D.2d 553 (2nd Dept. 1978). Without waiving the foregoing and other applicable

objections, please see paragraph #2.

28. Objection. Beyond the scope of CPLR §3043, violates CPLR §3101(d)(l) and

CPLR §3130, seeks expert disclosure and is an improper demand pursuant to Patterson v.

Jewish Hospital and Medical Center of Brooklyn. 405 N.Y.S.2d 194 (1978) aff d 65 A.D.2d

553 (2nd Dept. 1978); Scalone v. Phelps Memorial Hospital Center. 184 A.D.2d 65 (2nd

Dept. 1992). Without waiving the foregoing and other applicable objections the defendants

failed to impart any risks concerning the treatment or procedures. Plaintiffs contend that the

defendants should have informed them of each of the risks, benefits and alternatives to the

treatment contemplated and being rendered. Plaintiffs were aware of no risks prior to

procedures performed and treatment rendered by the answering defendants, including those

Case Info

Judge

ELLEN M. SPODEK Track Judge’s New Case

Case No.

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Document Filed Date

March 06, 2024

Case Filing Date

September 09, 2019

County

Parties

ALEXANDER, JOSEPH JOHN Attorney for the Defendant
ALEXANDER, JOSEPH JOHN Attorney for the Defendants
Amna Buttar M.D. Defendant
BAZZURRO, JENNA LEIGH Attorney for the Defendant
BURKOVA, KRISTYNA Attorney for the Defendant
CLAUS, ALEXANDRA ELIZABETH Attorney for the Defendant
CLAUS, ALEXANDRA ELIZABETH Attorney for the Defendants
DEACY-STALZER, ERIN LEIGH Attorney for the Defendant
DEACY-STALZER, ERIN LEIGH Attorney for the Defendants
Eric Kirschner M.D. Defendant
Erik Goluboff M.D. Defendant
FIORE, CATHERINE ANNE Attorney for the Defendant
FRANK, MATTHEW M Attorney for the Defendants
GAFFNEY, ELIZABETH INGRAHAM Attorney for the Defendants
HUGHES, CASEY MARY Attorney for the Defendant
MCCRORY, ROSALEEN T. Attorney for the Defendant
Merson, Jordan Attorney for the Plaintiff
MONTE, ANINA H Attorney for the Defendant
MOUNT SINAI / BETH ISRAEL MEDICAL CENTER Defendant
MOUNT SINAI HOSPITALS Defendant
NEW JEWISH HOME Defendant
NEW YORK - PRESBYTERIAN HOSPITAL Defendant
PAPA, LAURA M Attorney for the Defendant
PAPA, LAURA M Attorney for the Defendants
PINGARO, CHRISTINA Attorney for the Defendant
Robert Stoller Plaintiff
RUTSKY, JORDAN KYLE Attorney for the Plaintiff
RUZZI, ANTHONY JOSEPH Attorney for the Defendant
RUZZI, ANTHONY JOSEPH Attorney for the Defendants
SEMLIES, LORI ROSEN Attorney for the Defendant
SEMLIES, LORI ROSEN Attorney for the Defendants
SHAPIRO, SAMUEL JACOB Attorney for the Defendant
SHAPIRO, SAMUEL JACOB Attorney for the Defendants
SILVERHARDT, SARAH ROSE Attorney for the Defendant
Steven Gruber M.D. Defendant
Thukha Henry M.D. Defendant
VERBOS, MEGAN ELIZABETH Attorney for the Defendants
VISCO, DAVID ANDREW Attorney for the Defendants
LEO ROSEN Attorney
LOUIS ROSEN Attorneys for Defendants

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Exhibit,Appendix: Robert Stoller v. Erik Goluboff M.D., Mount Sinai Hospitals, Mount Sinai / Beth Israel Medical Center, Steven Gruber M.D., New Jewish Home, Thukha Henry M.D., Amna Buttar M.D., Eric Kirschner M.D., New York - Presbyterian Hospital

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Case Info

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