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FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
SUPREME COURT OF STATE OF NEW YORK
COUNTY OF SUPREME KINGS
INDEX NO. 509187/2020
TAREEK FORDE
PLAINTIFF(S) NOTICE OF MEDICAL AND
-Against- EXCHANGE OF EXPERT
DEFENDANT(S) INFORMATION
SAJJAD HOSSAIN
FILE NO. 1017342-101
SIRS:
PLEASE TAKE NOTICE, THAT THE FOLLOWING IS DEFENDANT(S) RESPONSE TO PLAINTIFF(S) REQUEST FOR EXPERT
DISCLOSURE PURSUANT TO SECTION 3101(D) OF THE CIVIL PRACTICE LAW AND RULES:
1. Defendant(s) expect(s) to call HOWARD A. KIERNAN, M.D. as an expert witness at the trial in the above matter.
2. The subject matter upon which the examining Physician presently expected to testify is set forth in detail in
his/her report dated 12/30/2021 a copy of which is attached hereto, and incorporated by reference herein.
3. The facts and opinions upon which the examining physician is expected to testify are based on his physical
examination of the plaintiff(s) and his/her review of the plaintiff(s) medical records.
4. The grounds of the Physician's opinion come from his/her Physical examination of the plaintiff on the above
date and his/her review to the plaintiff's medical records, and is set forth in attached report.
5. The Curriculum Vitae for the examining Physician are enclosed along with the report.
Dated: New York, New York
01/24/2022
YOURS ETC.,
TO: Ronit Z. Moskovits, Esq.
BOGORAZ LAW GROUP BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
Attorney for Plaintiff Attorney for Defendant(s)
3820 NOSTRAND AVENUE One MetroTech Center, 8th Flr.
BROOKLYN, NY 11235 Brooklyn, NY 11201-3948
Tel: 212-837-8230
FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
SUPREME COURT OF STATE OF NEW YORK
COUNTY OF SUPREME KINGS
INDEX NO.
509187/2020
TAREEK FORDE
PLAINTIFF(S) NOTICE OF MEDICAL
-Against- AND EXCHANGE OF
DEFENDANT(S) EXPERT INFORMATION
SAJJAD HOSSAIN
FILE NO. 1017342-101
AFFIDAVIT OF SERVICE BY MAIL, NOTICE OF EXPERT WITNESS DISCLOSURE PURSUANT TO
C.P.L.R.3101(D) AND THE AFFIRMED MEDICAL REPORT OF HOWARD A. KIERNAN, M.D.
BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
One MetroTech Center, 8th Flr.
Brooklyn, NY, 11201-3948
(212) 857-8230
To:
Attorney(s) for:
Service of a copy of the within
Is hereby admitted
Dated,
Attorney(s) for
FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
Howard A. Kiernan, M.D.
Diplomate American Board of Orthopaedic Surgery
2044 Ocean Avenue
Brooklyn, NY 11230
12/30/2021
Baker, McEvoy, & Moskovits, P. C.
One Metrotech Center
Brooklyn, NY 11201
Claimant: Forde, Tareek
Claim#: 1017342-101
DOA: 05/06/2017
To Whom It May Concern:
I am a Board Certified Orthopedic Surgeon and have been asked to perform an
orthopedic examination on 12/30/2021 regarding Mr. Tareek Forde at the Brooklyn, New
York office. He was accompanied to this examination by his legal representative, Nikita
Nikiforov, from IME Companion. He presented his New York State Driver License prior
to this examination. Annum, my office assistant was present during this examination.
My findings are as follows:
HISTORY OF ACCIDENT: Mr. Forde was involved in a motor vehicle accident occurring
on 05/06/2017. At that time, he was the driver, when the vehicle was struck by another
vehicle. Immediately, Mr. Forde injured his neck, mid back, and low back.
Mr. Forde does not disclose any details regarding his emergency evaluation.
TREATMENT HISTORY: Following the accident, Mr. Forde came under the care of
various physicians. He was initiated on a course of conservative treatment including
conservative treatment. He did not undergo any surgery.
CURRENT COMPLAINTS: Mr. Forde has complaints of pain in his neck, mid back, and
low back.
REVIEW OF SUBMITTED RECORDS: The following records were available for my
review:
1. 3ODLQWLII¶V Verified Bill of Particulars Index No: 509187/2020.
I am advised that there are no legally authenticated medical records were available for
review. If any authenticated medical records are available at any later time. I would be
pleased to review them and advice whether they have any effect on my opinion, which is
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FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
Claimant: Mr. Forde, Tareek
Claim#: 1017342-101 DOA: 05/06/2017
Page 2
PAST MEDICAL HISTORY: Mr. Forde did not disclose any details regarding his past
medical history. He does not disclose any details regarding prior or subsequent
accidents or injuries. He does not disclose if he underwent any surgery in the past.
Mr. Forde does not disclose any details regarding current medications. He did not take
any medications today prior to this examination.
OCCUPATIONAL HISTORY AND CURRENT JOB STATUS: Mr. Forde has not
provided any details regarding the employment status at the time of the accident.
Currently he is not working.
EXAMINATION:
(12/30/2021)
PHYSICAL EXAMINATION: Mr. Forde is a 29-year-old male. His height is 5 feet 5
inches tall and brown eyes .
OBSERVATION: The claimant walks into the exam room with a normal gait and posture.
No limp or foot drop was present. No brace or assistive device was used.
RANGE OF MOTION MEASUREMENTS: All range of motion measurements reported
as a result of this examination represent reflect active or active-assist motion performed
by the claimant, and measured by the examiner. Measurements of motion made by the
examiner were made using a hand-held goniometer, where applicable, and normal
ranges are based on published guidelines as per AMA 5th edition. The measurement
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subjective efforts.
ORTHOPEDIC EXAMINATION:
Cervical Spine: Inspection of the spine revealed no swelling, discoloration or deformity.
There is no muscle spasm upon palpation of the paracervical muscles. There is no
complaint of tenderness upon palpation of the paracervical muscles.
Active range of motion reveals in flexion to 50 degrees (50 degrees normal), extension
to 60 degrees (60 degrees normal), right lateral flexion to 45 degrees (45 degrees
normal) and left lateral flexion to 45 degrees (45 degrees normal), and right rotation to
80 degrees (80 degrees normal) and left rotation to 80 degrees (80 degrees normal).
The following orthopedic tests are performed:
¾ 6SXUOLQJ¶V± Negative.
¾ /KHPLWWH¶VVLJQ± Negative.
¾ +RIIPDQ¶V± Negative.
¾ Compression ± Negative.
Neurological examination of the bilateral upper extremities: There is no atrophy. Muscle
strength is at 5/5. Deep tendon reflexes are at 2+. Sensation to light touch is within
normal limits.
FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
Claimant: Mr. Forde, Tareek
Claim#: 1017342-101 DOA: 05/06/2017
Page 3
Thoracic Spine: Inspection of the spine revealed no swelling, discoloration or
deformity.
There is no parathoracic spasm upon palpation. There is no complaint of tenderness
upon palpation of the parathoracic muscles.
Active range of motion reveals in flexion to 45 degrees (45 degrees normal), extension
to 0 degrees (0 degrees normal), right lateral bending to 45 degrees (45 degrees
normal) and left lateral bending to 45 degrees (45 degrees normal), and right rotation to
30 degrees (30 degrees normal) and left rotation to 30 degrees (30 degrees normal).
Scapular Winging - Negitive
Lumbar Spine: Inspection of the spine revealed no swelling, discoloration or deformity.
There is no muscle spasm upon palpation of the paralumbar muscles. There is no
complaint of tenderness upon palpation of the paralumbar muscles.
Active range of motion reveals in flexion to 60 degrees (60 degrees normal), extension
to 25 degrees (25 degrees normal), and right lateral bending to 25 degrees (25 degrees
normal) and left lateral bending to 25 degrees (25 degrees normal).
Straight Leg Raise:
¾ Straight leg raise is Negative Bilaterally with no radiculopathy.
The following orthopedic tests are performed:
¾ Fabere ± Negative.
¾ Babinski sign ± Negative.
¾ Long Tract Sign ± Negative.
¾ /DVHTXH¶VWHVW± Negative.
Neurological examination of the bilateral lower extremities: There is no atrophy. Muscle
strength is at 5/5. Deep tendon reflexes are at 2+. Sensation to light touch is within
normal limits. Heel-toe-walk is negative.
IMPRESSION:
1. Cervical spine sprain/strain ± resolved.
2. Thoracic spine sprain/strain ± resolved.
3. Lumbar spine sprain/strain ± resolved.
ABILITY TO WORK: Mr. Tareek Forde is capable of seeking gainful employment.
Currently, Mr. Tareek Forde is not working.
FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
Claimant: Mr. Forde, Tareek
Claim#: 1017342-101 DOA: 05/06/2017
Page 4
ACTIVITIES OF DAILY LIVING: Mr. Tareek Forde can perform his activities of daily
living as he was doing prior to the accident.
DEGREE OF DISABILITY: There is no orthopedic disability, permanency or residuals.
Upon completion of the examination, Mr. Tareek Forde offers no complaints as a result
of this examination and left the examining area stable and unchanged.
If you have any further questions regarding Mr. Tareek Forde, please do not hesitate to
contact me.
ATTESTATION: It is understood that no doctor/patient relationship exists or is implied
by this examination.
I, Howard A. Kiernan, M.D, a physician, duly licensed to practice medicine in the State of
New York, am not a party to the above entitled action, and hereby affirm the forgoing
statements to be true, under penalty of perjury pursuant to the Civil Practice Law and
Rules section 2106.
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interest with Mr. Tareek Forde, provider, facility or the benefits plan in the above report. I
have no affiliation with any institution that would provide therapy or the manufacturer of
any procedure, therapy, drug, device or other product to be used in the proposed
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I further certify that the signature appearing below is my electronic signature, as that
term is defined by New York State Technology Law § 302(3) and 15 UGC § 7001 et.
seq.; that facsimiles and copies of this report shall be deemed originals.
Sincerely,
Howard A. Kiernan, M.D.
Board Certified Orthopedic Surgeon
License#: 099298-01
FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 PWOSES RECEIVED NYSCEF: 02/21/2022
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FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
Howard A. Kiernan, Jr., M.D.
Education
1954-1958 St. Francis Xavier High NYC
School,
1958-1962 Holy Cross College, Massachusetts
Worchester, Bachelor of Science
1962-1966 New York School of NYC
University Medicine, Doctor of Medicine
Hospital Training
1966-1967 Bellevue Hospital General Surgery Intemship
1969-1970 Bellevue Hospital General Surgery Residency
1970-1973 New York Hospital Orthopaedic Residency
1973-1974 Frank Stinchfield in
Fellowship Hip Surgery
Certifications
1967 ABOS
1993 Recertified
Licensure
State of New York
Certified, National Board of Medical Examiners
University Appointments
1973-1983 College of Physicians and Surgeons, Columbia University
1974-approx. 2011 The New York Hospital, Columbia Presbyterian Medical Center
Current Professional Activities
Medical Review Consultant, EmpireStat
Private Practice
Selected Publications in Referred Journals
Total knee arthroplasty and Parkinson disease: enhancing outcomes and avoiding
complications. Macaulay W; Geller JA; Brown AR; Cote LJ; Kiernan HA. The Joumal of the
American Academy of Orthopaedic Surgeons, Vol. 18, no. 11 (November 2010), pp. 687-94.
Intraoperative Music Reduces Perceived Pain After Total Knee - A Blinded,
Arthroplasty
Prospective, Randomized, Placebo-Controlled Clinical Trial. Simcock, Xavier C.; Yoon, Richard
S.; Chalmers, Peter; Geller, Jeffrey A.; Kieman, Howard A.; Macaulay, William. Journal of Knee
Surgery, Vol. 21, Issue 4 (October 2008), pp. 275-278.
ProspecÙve Randomized Clinical Trial Comparing Hemiarthroplasty to Total Hip Arthroplasty in
the Treatment of Displaced Femoral Neck Fractures. William Macaulay and other members of
the DFACTO Consortium Howard A. Kieman. The Journal of Arthoplasty, Volume 23,
including
Issue 6, Supplement (September 2008), pp. 2--8.
Foreman, Oz Kieman. Lazar assisted Fibrin Clot of Human Menisci.
Lontz, Treat, soldering
Clinical Orthopaedics & Related Research. 310:47-41.
FILED: KINGS COUNTY CLERK 02/21/2022 10:11 AM INDEX NO. 509187/2020
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 02/21/2022
Schinsky MF., MacauaIy W., Parks ML. Kieman, H. Nercessian, O-A.: Nerve after
Injury Primary
. .Total Knee Arthroplasty. In.Press, Journal of Arthroplasty, 1001.
Âbstracts
. . Kierriari, H. Nercessian, O A. & Brown, H :Review of the Result of Arthroscopic
Meniscectomy & debridernent for Degenerative Meniscal Tear, 1993.
. Wittig, J., Nercessian, O.A., Kiernan, H,,& dick, H.M. Limb Salvage for Neoplastic Diseas.e in
the Femur. Result with Massive AHograft, 1997.