Preview
FILED: COLUMBIA COUNTY CLERK 03/16/2022 12:39 PM INDEX NO. E012021016607
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/16/2022
STATE OF NEW YORK
SUPREME COURT COUNTY OF COLUMBIA
______________________________________________
ANDREW CAMPBELL AND CAROL CAMPBELL,
Plaintiffs, Index Number: EO12021016607
PLAINTIFFS’ 3101(d)
-against- EXPERT WITNESS DISCLOSURE
KB CHIROPRACTIC AND BRANDON MANSON, DC.
NURSING CENTER, LLC,
Defendant.
______________________________________________
The plaintiffs, as and for a response to the demand of the defendant for expert witness
disclosure pursuant to New York Civil Practice Law and Rules, Section 3101(d), set forth the
following:
EXPERT I
I(a). The plaintiff intends to call Expert I regarding the failure of the defendant, Brandon
Manson, DC to meet the standard of chiropractic care with regard to the care and treatment of the
plaintiff, Andrew Campbell, as set forth more fully below. The expert is a Doctor of Chiropractic
Licensed in the State of New York, having received a Doctorate at the National College of
Chiropractic, Lombard, Illinois, now the National University of Health Sciences. The Expert has
passed the National Board of Chiropractic Examiners, Part I, 1995, National Board of
Chiropractic Examiners, Part III, 1996, National Board of Chiropractic Examiners, Part IV, 1997
leading to Board Certification in Chiropractic Medicine. He also holds chiropractic licenses in
Utah and in New Mexico. This expert is the founder and Clinical Director of the Fellowship in
Spinal Biomechanics and Trauma, a two-year advanced clinical training program recognized by
Cleveland University Kansas City, College of Chiropractic, with course work approved through
the Accreditation Council on Continuing Medical Education (ACCME) through the State
University of New York at Buffalo, Jacobs School of Medicine. He is the Clinical Director of the
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FILED: COLUMBIA COUNTY CLERK 03/16/2022 12:39 PM INDEX NO. E012021016607
NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/16/2022
National Spine Management's Advanced Imaging Program, a one-year program approved through
the Accreditation Council on Continuing Medical Education and Cleveland University Kansas
City, College of Chiropractic. His office is an approved clinical internship site credentialed
through the State University of New York at Buffalo, School of Exercise Science and Nutrition
Sciences Department. The Expert holds faculty positions at the State University of New York at
Buffalo Jacobs School of Medicine, Family Practice Department, Buffalo, New York. He has
been in clinical practice for twenty-four years examining, treating, and coordinating care for
patients with traumatic spinal injuries.
I(b). The Expert will testify on the subject matter of the negligence and failure on the
part the defendant, Brandon Manson, DC, and more specifically, his negligence in subjecting the
plaintiff to chiropractic manipulations to the cervical spine without completing a basic
neurological examination of Andrew prior thereto, following the plaintiff’s presentation of
radiculopathy in the cervicothoracic region, segmental and somatic dysfunction of cervical, and
subluxations in the cervical and thoracic spine. Had a basic neurological examination been
completed prior to the manipulations, within a reasonable degree of chiropractic and
biomechanical certainty, the examination would have revealed neurological deficits
contraindicating the above-described cervical manipulations. As a result of the above-described
failure to complete a basic neurological examination, and the subsequent administering of the
contraindicated cervical manipulations, Andrew suffered serious and grievous injuries including
central nervous system spinal cord injury manifesting as Brown-Sequard Syndrome with respect
to his central nervous system symptoms and deficits, following the manipulation on September
11, 2018.
I(c). The Expert’s opinion is based on the review of the plaintiff’s Stratton VA Hospital
Neurosurgery Department records, the records of the defendant, Brandon Manson, DC, the MRI
films of the plaintiff, Andrew Campbell’s cervical spine, the Examination before Trial Testimony
of the plaintiff, Andrew Campbell, taken on October 20, 2021 and the Examination Before Trial
of the defendant, Brandon Manson, DC taken on October 27, 2021.
EXPERT II
II(a) The plaintiffs intend to call expert II to opine that the spinal cord injury sustained by
the plaintiff was, within a reasonable degree of medical certainty, caused by the contraindicated
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cervical manipulations performed by the defendant as set forth more fully below, Expert II
received his Bachelor of Science at Brown University, and his MD at New York University
School of Medicine. Expert II is a member of the American Board of Psychiatry and Neurology
and is currently a practicing neurologist at New York Presbyterian Hospital/Weill Cornell
Medical Center.
II(b) The plaintiff intends to call Expert II to opine within a reasonable degree of medical
certainty, that the central nervous system injury sustained by the plaintiff, Andrew Campbell, was
caused by the manipulation to his cervical spine administered by the defendant, Brandon Manson,
MD. This is based upon the “lightning bolt” like pain during the manipulation as described by
the plaintiff in his Examination Before Trial Testimony, and the new sequelae of central nervous
system symptoms that manifest thereafter, including cervical myelopathy, neurogenic radiation of
pain in the left upper extremity, with loss of strength and mobility, left lower limb numbness and
spasms, with loss of strength and mobility, neurogenic bladder, neurogenic bowel, incomplete
quadriplegia due to spina chord lesion, abnormal sensation at left C8 nerve distribution and
abnormal sensation at right and left L5 and S1 distribution.
Expert II will further opine that within a reasonable degree of medical certainty, the
plaintiff Andrew Campbell had cervical spinal cord degenerative disc disease with a C5-C6 disc
protrusion with spinal cord impingement on a 7/23/13 MRI. Mr. Campbell had neck pain with
paresthesia down both arms and difficulty holding objects with his hands. Immediately
subsequent to the manipulation on 9/11/18, plaintiff developed new signs and symptoms of
myelopathy directly related to the spinal cord injury that resulted from the manipulation. At
minimum, the manipulation led to an aggravation or exacerbation of his predisposing condition
and resulted in a Brown-Sequard syndrome as a result of the pressure of the manipulation on this
vulnerable region of the cervical spine. The Expert II will further opine that within a reasonable
degree of medical certainty, the plaintiff, Andrew Campbell could have lived out his life
expectancy without a progression to Brown Sequard syndrome and related central nervous system
symptoms and deficits outlined and detailed above in the absence of the contraindicated
manipulation or any other inciting traumatic event.
II(c). The Expert II’s opinion is based on the review of the plaintiff’s Stratton VA Hospital
Neurosurgery Department records, the records of the defendant, Brandon Manson, DC, MRI
films of the plaintiff, Andrew Campbell’s cervical spine, the Examination before Trial Testimony
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of the plaintiff, Andrew Campbell, taken on October 20, 2021 and the Examination Before Trial
of the defendant, Brandon Manson, DC taken on October 27, 2021.
II(c). The Expert II’s opinion is based on the review of the plaintiff’s Stratton VA Hospital
Neurosurgery Department records, the records of the defendant, Brandon Manson, DC, the MRI
films of the plaintiff, Andrew Campbell’s cervical spine, the Examination before Trial Testimony
of the plaintiff, Andrew Campbell, taken on October 20, 2021 and the Examination Before Trial
of the defendant, Brandon Manson, DC taken on October 27, 2021.
Dated: March 16, 2022 SMALLINE AND HARRI
Attorneys for Plaintiffs
By: ____Martin D. Smalline, Esq.____
Martin D. Smalline
100 State Street, Suite 420
Albany, New York 12207
(518) 426-7750
To:
Aaron M. Depaolo, Esq.
Attorney for Defendants
O’Connor First
20 Corporate Woods Blvd.
Albany, New York 12211
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Preview
FILED: COLUMBIA COUNTY CLERK 03/16/2022 12:39 PM INDEX NO. E012021016607 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/16/2022 STATE OF NEW YORK SUPREME COURT COUNTY OF COLUMBIA ______________________________________________ ANDREW CAMPBELL AND CAROL CAMPBELL, Plaintiffs, Index Number: EO12021016607 PLAINTIFFS’ 3101(d) -against- EXPERT WITNESS DISCLOSURE KB CHIROPRACTIC AND BRANDON MANSON, DC. NURSING CENTER, LLC, Defendant. ______________________________________________ The plaintiffs, as and for a response to the demand of the defendant for expert witness disclosure pursuant to New York Civil Practice Law and Rules, Section 3101(d), set forth the following: EXPERT I I(a). The plaintiff intends to call Expert I regarding the failure of the defendant, Brandon Manson, DC to meet the standard of chiropractic care with regard to the care and treatment of the plaintiff, Andrew Campbell, as set forth more fully below. The expert is a Doctor of Chiropractic Licensed in the State of New York, having received a Doctorate at the National College of Chiropractic, Lombard, Illinois, now the National University of Health Sciences. The Expert has passed the National Board of Chiropractic Examiners, Part I, 1995, National Board of Chiropractic Examiners, Part III, 1996, National Board of Chiropractic Examiners, Part IV, 1997 leading to Board Certification in Chiropractic Medicine. He also holds chiropractic licenses in Utah and in New Mexico. This expert is the founder and Clinical Director of the Fellowship in Spinal Biomechanics and Trauma, a two-year advanced clinical training program recognized by Cleveland University Kansas City, College of Chiropractic, with course work approved through the Accreditation Council on Continuing Medical Education (ACCME) through the State University of New York at Buffalo, Jacobs School of Medicine. He is the Clinical Director of the 1 of 4 FILED: COLUMBIA COUNTY CLERK 03/16/2022 12:39 PM INDEX NO. E012021016607 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/16/2022 National Spine Management's Advanced Imaging Program, a one-year program approved through the Accreditation Council on Continuing Medical Education and Cleveland University Kansas City, College of Chiropractic. His office is an approved clinical internship site credentialed through the State University of New York at Buffalo, School of Exercise Science and Nutrition Sciences Department. The Expert holds faculty positions at the State University of New York at Buffalo Jacobs School of Medicine, Family Practice Department, Buffalo, New York. He has been in clinical practice for twenty-four years examining, treating, and coordinating care for patients with traumatic spinal injuries. I(b). The Expert will testify on the subject matter of the negligence and failure on the part the defendant, Brandon Manson, DC, and more specifically, his negligence in subjecting the plaintiff to chiropractic manipulations to the cervical spine without completing a basic neurological examination of Andrew prior thereto, following the plaintiff’s presentation of radiculopathy in the cervicothoracic region, segmental and somatic dysfunction of cervical, and subluxations in the cervical and thoracic spine. Had a basic neurological examination been completed prior to the manipulations, within a reasonable degree of chiropractic and biomechanical certainty, the examination would have revealed neurological deficits contraindicating the above-described cervical manipulations. As a result of the above-described failure to complete a basic neurological examination, and the subsequent administering of the contraindicated cervical manipulations, Andrew suffered serious and grievous injuries including central nervous system spinal cord injury manifesting as Brown-Sequard Syndrome with respect to his central nervous system symptoms and deficits, following the manipulation on September 11, 2018. I(c). The Expert’s opinion is based on the review of the plaintiff’s Stratton VA Hospital Neurosurgery Department records, the records of the defendant, Brandon Manson, DC, the MRI films of the plaintiff, Andrew Campbell’s cervical spine, the Examination before Trial Testimony of the plaintiff, Andrew Campbell, taken on October 20, 2021 and the Examination Before Trial of the defendant, Brandon Manson, DC taken on October 27, 2021. EXPERT II II(a) The plaintiffs intend to call expert II to opine that the spinal cord injury sustained by the plaintiff was, within a reasonable degree of medical certainty, caused by the contraindicated 2 2 of 4 FILED: COLUMBIA COUNTY CLERK 03/16/2022 12:39 PM INDEX NO. E012021016607 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/16/2022 cervical manipulations performed by the defendant as set forth more fully below, Expert II received his Bachelor of Science at Brown University, and his MD at New York University School of Medicine. Expert II is a member of the American Board of Psychiatry and Neurology and is currently a practicing neurologist at New York Presbyterian Hospital/Weill Cornell Medical Center. II(b) The plaintiff intends to call Expert II to opine within a reasonable degree of medical certainty, that the central nervous system injury sustained by the plaintiff, Andrew Campbell, was caused by the manipulation to his cervical spine administered by the defendant, Brandon Manson, MD. This is based upon the “lightning bolt” like pain during the manipulation as described by the plaintiff in his Examination Before Trial Testimony, and the new sequelae of central nervous system symptoms that manifest thereafter, including cervical myelopathy, neurogenic radiation of pain in the left upper extremity, with loss of strength and mobility, left lower limb numbness and spasms, with loss of strength and mobility, neurogenic bladder, neurogenic bowel, incomplete quadriplegia due to spina chord lesion, abnormal sensation at left C8 nerve distribution and abnormal sensation at right and left L5 and S1 distribution. Expert II will further opine that within a reasonable degree of medical certainty, the plaintiff Andrew Campbell had cervical spinal cord degenerative disc disease with a C5-C6 disc protrusion with spinal cord impingement on a 7/23/13 MRI. Mr. Campbell had neck pain with paresthesia down both arms and difficulty holding objects with his hands. Immediately subsequent to the manipulation on 9/11/18, plaintiff developed new signs and symptoms of myelopathy directly related to the spinal cord injury that resulted from the manipulation. At minimum, the manipulation led to an aggravation or exacerbation of his predisposing condition and resulted in a Brown-Sequard syndrome as a result of the pressure of the manipulation on this vulnerable region of the cervical spine. The Expert II will further opine that within a reasonable degree of medical certainty, the plaintiff, Andrew Campbell could have lived out his life expectancy without a progression to Brown Sequard syndrome and related central nervous system symptoms and deficits outlined and detailed above in the absence of the contraindicated manipulation or any other inciting traumatic event. II(c). The Expert II’s opinion is based on the review of the plaintiff’s Stratton VA Hospital Neurosurgery Department records, the records of the defendant, Brandon Manson, DC, MRI films of the plaintiff, Andrew Campbell’s cervical spine, the Examination before Trial Testimony 3 3 of 4 FILED: COLUMBIA COUNTY CLERK 03/16/2022 12:39 PM INDEX NO. E012021016607 NYSCEF DOC. NO. 16 RECEIVED NYSCEF: 03/16/2022 of the plaintiff, Andrew Campbell, taken on October 20, 2021 and the Examination Before Trial of the defendant, Brandon Manson, DC taken on October 27, 2021. II(c). The Expert II’s opinion is based on the review of the plaintiff’s Stratton VA Hospital Neurosurgery Department records, the records of the defendant, Brandon Manson, DC, the MRI films of the plaintiff, Andrew Campbell’s cervical spine, the Examination before Trial Testimony of the plaintiff, Andrew Campbell, taken on October 20, 2021 and the Examination Before Trial of the defendant, Brandon Manson, DC taken on October 27, 2021. Dated: March 16, 2022 SMALLINE AND HARRI Attorneys for Plaintiffs By: ____Martin D. Smalline, Esq.____ Martin D. Smalline 100 State Street, Suite 420 Albany, New York 12207 (518) 426-7750 To: Aaron M. Depaolo, Esq. Attorney for Defendants O’Connor First 20 Corporate Woods Blvd. Albany, New York 12211 4 4 of 4