Case 1:16-cr-00046-FPG-HKS Document 9-1 Filed 06/13/16 Page 1 of 3

1':

Case 1:16-cr-00046-FPG-HKS Document 9-1 Filed 06/13/16 Page 2 of 3

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA,

Plaintiff,

AFFIDAVIT

v.
GOSY
EUGENE
Defendant.
STATE OF NEW YORK
COUNTY OF ERIE
CITY OF BUFFALO

)
SS:
)

DR. ROBERT A. MILCH being duly sworn depose and says:

1. I am a physician licensed to practice in the State of New York. A copy of
my Curriculum Vitae is attached.
2. Following Dr. Gosy's arraignment, I have been working with doctors
Nancy Nielson and Christopher Kerr to maintain Dr. Gosy's pain management practice
and assist the nurse practitioners and physician assistants in their treatment of patients.
3. Doctors Nielson, Kerr and I have discovered that many of Dr. Gosy's
patients suffer from complex medical issues requiring treatment by an experienced pain
management practitioner such as Dr. Gosy.
4. I have contacted Dr. Gosy's attorneys expressing my grave concerns that
unless Dr. Gosy is allowed to return to the practice as a collaborating/consulting physician
the practice will likely close within 2 weeks.
5. I believe Dr. Gosy should be permitted to examine and treat individual
patients, perform interventions as indicated, collaborate with inid-level providers and
recommend appropriate treatment plans for patients. Dr. Gosy will not write prescriptions

Case 1:16-cr-00046-FPG-HKS Document 9-1 Filed 06/13/16 Page 3 of 3

for controlled substances.

6. I have agreed to monitor, in the interim, Dr. Gosy's participation and
collaboration with mid-level providers to establish a plan of care for chronic pain patients.
7. Without these recommended changes, including Dr. Gosy's participation in
the practice, I do not believe the office will be able to stay open.
8. Should the office close, thousands of chronic pain patients, many with
compleX medical problems will remain untreated creating, in my opinion, a veritable
tsunami of many thousands of these patients who will flood a community inadequately
resourced or prepared to manage the collateral human damage caused by that action,
worsening its already critical drug management problems.
DATED: June 13, 2016
Buffalo, New York
/s/ Dr. Robert Milch
Dr. Robert Milch
Sworn to before me this 13t~' day
of June, 2016
/s/Joel L. Daniels
Notary Public, State of New York
Qualified in Erie County
My Commission Expires November 23, 2017