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  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
  • State Farm Mutual Automobile Insurance Company, State Farm Fire And Casualty Company v. Perloff Physical Therapy, P.C.Other Matters - Contract - Other document preview
						
                                

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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 EDVHGRQWRGD\¶VH[DPLQDWLRQ 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 LWVHOI LV WKHUHIRUH DV PXFK DV SRVVLEOH DQ REMHFWLYH PHDVXUHPHQW RI WKH FODLPDQW¶V 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. ³, KHUHE\ FHUWLI\ DQG DIILUP WKDW , KDYH QR PDWHULDO SURIHVVLRQDO RU ILQDQFLDO FRQIOLFW RI 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 WUHDWPHQW´ 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 V E R C E N S F 131% 797 978 517 D FORDE TAREEK.JAMAL 288 E 95TH ST APT 1R e ,, BROOKLYN. NY 11212 03 01/1992 03/01/2023 oTA FO NONE ...... --. -- . R NONE 0( sseco6/o9/2021 aree 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.