arrow left
arrow right
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
  • FRANK SHEE  vs.  ALBERTO BOLANOS, MD, et al(45) Unlimited Medical Malpractice document preview
						
                                

Preview

1 HASSARD BONNINGTON LLP Robert S. Willoughby, Esq. (#189464) rsw@hassard.com 2 Alexandra C. Seibert, Esq. (#283008) acs@hassard.com 275 Battery St., Suite 1600 3 San Francisco, CA 94111 Telephone: (415) 288-9800 4 Fax: (415) 288-9801 5 Attorneys for Defendant SUTTER BAY HOSPITALS dba MILLS 6 PENINSULA HEALTH SERVICES (erroneously sued herein as MILLS 7 HEALTH CENTER) 8 9 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA 10 IN AND FOR THE COUNTY OF SAN MATEO 11 UNLIMITED JURISDICTION 12 13 FRANK SHEE, Case No. 21-CIV-00632 14 Plaintiff, DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR 15 vs. SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY 16 ALBERTO BOLANOS, MILLS HEALTH ADJUDICATION CENTER and DOES 1 through 100, 17 inclusive Complaint Filed: February 8, 2021 Trial Date: not yet set 18 Defendants. 19 20 I, John Kao, M.D., declare as follows: 21 1. I am a physician and have been duly licensed to practice 22 medicine in the State of California since 1988. I received my Bachelor of Science 23 degree in Chemical Engineering from the University of California at Berkeley in 1982. 24 I completed post-baccalaureate work at San Francisco State University in 1983. I 25 received my medical degree from Howard College of Medicine in Washington, D.C., 26 in 1987. I have been a board-certified orthopedic surgeon since 1995, with the added 27 qualification for sports medicine since 2009. For further information regarding my 28 qualifications, please see my Curriculum Vitae, a copy of which is attached here as -1- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 Exhibit A. 2 2. Based on my background, education, training, and professional 3 experience as an orthopedic surgeon, I am familiar with the standard of care 4 applicable to physicians practicing orthopedic surgery in the same or similar 5 community/locale, as well as under the same circumstances, such as that which was 6 rendered to Frank Shee in this case. 7 3. I have been provided with, and have reviewed, the following 8 materials relating to Frank Shee including the following: a. Declaration of Dr. Alberto Bolanos; 9 b. Medical records from Mills Peninsula; 10 c. Medical records from the Orthopedic Institute of Bay Area; and 11 d. Declaration of Brittany Hennin. 12 4. I understand that Mr. Shee contends Dr. Bolanos negligently 13 performed the November 11, 2019 surgery and failed to provide adequate informed 14 consent for the biceps tenodesis procedure. It is my opinion that Dr. Bolanos 15 complied with the applicable standard of care with respect to all of Mr. Shee’s medical 16 care and treatment, and there were no negligent acts or omissions to act with respect 17 to Mr. Shee’s medical care and treatment. It is also my opinion that the hospital staff 18 assisting Dr. Bolanos with the procedure also met the standard of care in all respects. 19 Furthermore, it is my opinion that no act or omission to act on the part of Dr. Bolanos 20 caused or contributed to Mr. Shee’s claimed injuries. 21 5. I also understand that Mr. Shee contends that Sutter Bay 22 Hospitals dba Mills Peninsula Medical Center (hereafter, “Sutter”) was negligent by 23 doing an optional procedure without their policy for physicians to fully explain the 24 importance of a possible permanent removal of the patient’s body part prior to 25 surgery. It is my opinion that Sutter complied with the applicable standard of care for 26 a hospital in providing procedures, policies, facilities, supplies and qualified personnel 27 reasonably necessary for the treatment of its patient Mr. Shee. Further, it is also my 28 opinion to a reasonable degree of medical certainty that no act or omission by Sutter -2- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 caused or contributed to Mr. Shee’s claimed injuries. 2 6. From my review of the materials outlined above, I understand the 3 facts of the case are as follows: 4 a. On July 2, 2019, Plaintiff was seen by Dr. Bolanos and 5 Brittany Hennin, PA at the Orthopedic Institute of Bay Area in San Mateo. Plaintiff 6 was playing tennis, felt pain in his left shoulder, rested the shoulder, and the pain 7 improved after a few months. Then the pain in the left shoulder returned after 4 8 months and had been persistent. (Bolanos Decl., Exhibit A (Orthopedic Institute of 9 Bay Area)(“OIBA”) at pp. 15.) 10 b. A physical exam was performed which revealed 11 tenderness to palpation at the bicipital groove. An x-ray of the shoulder performed in 12 June showed mild acromioclavicular osteoarthritis. The plan was to perform an MRI 13 of the left shoulder and to follow up after. (Bolanos Decl., Exhibit A (OIBA) at pp. 15.) 14 c. Plaintiff returned on August 8, 2019 and was seen by Dr. 15 Bolanos and Brittany Hennin, PA. The MRI of the left shoulder performed on July 25, 16 2019 showed a full thickness rotator cuff tear, moderate-severe atrophy 17 supraspinatus and infraspinatus muscle belly, mild bicep tendinosis and moderate 18 acromioclavicular osteoarthritis. Dr. Bolanos and Ms. Hennin discussed a rotator cuff 19 repair which plaintiff was considering if pain persisted after a steroid injection and 20 physical therapy. (Bolanos Decl., Exhibit A (OIBA) at pp. 14.) 21 d. On October 10, 2019, plaintiff was seen again by Dr. 22 Bolanos and Ms. Hennin. Plaintiff reported that the pain improved after the steroid 23 shot but it only lasted 1 month. Plaintiff played tennis 1 month prior to the visit and 24 his left shoulder pain worsened. The plan was to proceed with the left rotator cuff 25 repair on November 11, 2019 at Mills Peninsula Hospital. The plan was also to obtain 26 an addendum to the MRI report with the rotator cuff tear size in mm. Plaintiff was to 27 follow up for a pre-operative visit as well. (Bolanos Decl., Exhibit A (OIBA) at pp. 13.) 28 e. Plaintiff was seen by Dr. Bolanos and Ms. Hennin on -3- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 October 24, 2019. Dr. Bolanos noted that an MRI of the left shoulder performed on 2 July 25, 2019 was consistent with a full thickness rotator cuff tear, 4.7 cm, moderate- 3 severe atrophy supraspinatus and infraspinatus muscle belly, mild bicep tendinosis 4 and moderate acromioclavicular osteoarthritis. (Bolanos Decl., Exhibit A (OIBA) at 5 pp. 12.) 6 f. The plan was to proceed with arthroscopic left rotator cuff 7 repair, possible mini-open and mumford on November 11, 2019 at Mills Peninsula 8 Hospital. The procedure, alternatives, and risks were discussed in detail with Plaintiff 9 who understood and wished to proceed with the surgery. (Bolanos Decl., Exhibit A 10 (OIBA) at pp. 12.) 11 g. On November 11, 2019 at 6:15 am, plaintiff was presented 12 and signed the Verification of Informed Consent to Surgery or Special Procedure 13 form. The form specifically said on page one under the heading, “Your doctor(s) or 14 practitioner(s) have recommended the following operation(s) or procedure(s): Left 15 shoulder arthroscopic assisted rotator cuff repair and possible biceps tenodesis.” 16 (Seibert Decl., Exhibit B (Mills Peninsula) at pp. 115-116.) 17 h. Directly above plaintiff’s signature, the form confirmed the 18 following: Your signature on this form indicates that: 19 • You have read and understand the information 20 provided in this form; • Your doctor or practitioner has adequately explained to 21 you the operation or procedure and the anesthesia plan along with the risks, benefits, and alternatives, and the other 22 information described above in this form; • You have had a chance to ask your doctor or 23 practitioner questions; 24 • You have received all of the information you desire concerning the operation or procedure and the anesthesia; 25 • You authorize and consent to the performance of the operation or procedure and the anesthesia. 26 27 (Seibert Decl., Exhibit B (Mills Peninsula) at pp. 115-116.) i. The anesthesiologist’s pre-procedure note on November 28 -4- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 11, 2019 states the plan was to perform: Left shoulder arthroscopic assisted rotator 2 cuff repair and possible biceps tenodesis. The anesthesia pre-operative evaluation 3 was signed by plaintiff on November 11, 2019 at 6:15 am. (Seibert Decl., Exhibit B 4 (Mills Peninsula) at pp. 111-112.) 5 j. Dr. Bolanos began the procedure on November 11, 2019 6 at approximately 8:15 am pursuant to the anesthesia procedure summary. (Seibert 7 Decl., Exhibit B (Mills Peninsula) at pp. 130.) A regional block and general 8 anesthesia were administered by the anesthesiologist and local anesthesia was 9 administered by Dr. Bolanos. (Seibert Decl., Exhibit B (Mills Peninsula) at pp. 54-58.) 10 k. Plaintiff was placed in a beach chair position and the 11 operative shoulder was then prepped and draped in the standard sterile fashion. A 12 posterior portal was created using standard technique. Examination of the 13 glenohumeral joint showed mild articular degeneration of the humeral head. The 14 rotator cuff tear was found to be massive. The lateral portal was created and an 15 arthroscopic Bovie was used to visualize a subacromial spur. A shaver was used to 16 perform a bursectomy and also to debride the rotator cuff remnant. An arthroscopic 17 burr was then placed through the posterior portal and a subacromial decompression 18 was performed. A subclavicular decompression was also performed. The lateral 19 portal was then extended and a deltoid split approach was taken. The rotator cuff 20 tear was massive. Remnants were found to be retracted medinal to the glenoid, and 21 were noted to be poor quality, tearing with minor retraction. It was deemed to be 22 irreparable. (Seibert Decl., Exhibit B (Mills Peninsula) at pp. 54-58.) 23 l. The biceps tendon was found to be frayed. A #2 fiber wire 24 suture was placed in a Krakow fashion at the level of the bicipital groove. A swivel 25 lock anchor was used to perform a bicipital tenodesis at the level of the bicipital 26 groove. (Seibert Decl., Exhibit B (Mills Peninsula) at pp. 54-58.) 27 m. The deltoid musculature was then reapproximated using 0 28 Vicryl. The hypodermis and epidermis were reapproximated using 0 Vicryl -5- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 subicuticularly followed by Steri-Strips. Sterile dressing was then applied followed by 2 a shoulder immobilizer. (Seibert Decl., Exhibit B (Mills Peninsula) at pp. 54-58.) 3 7. The basis for my opinions that the medical care and treatment 4 provided to Mr. Shee by Dr. Bolanos at all times satisfied the standard of care, and for 5 the lack of a causal relationship between Mr. Shee’s alleged injuries and the medical 6 care and the treatment provided by Dr. Bolanos, are as follows: 7 a. Dr. Bolanos and Ms. Hennin examined plaintiff on July 2, 8 2019. A physical exam of plaintiff’s shoulder was performed based on plaintiff’s 9 complaints of recurrent shoulder pain. The standard of care would require a shoulder 10 examine, including palpating the bicipital groove. Because Dr. Bolanos did so at this 11 visit, his care and treatment complied with the standard of care. It would also be 12 appropriate to order an MRI of the shoulder to determine whether there were any 13 tears or other damage. Because Dr. Bolanos did so, he further complied with the 14 standard of care. 15 b. On August 8, 2019, Dr. Bolanos reviewed the July 25, 16 2019 MRI with plaintiff which showed a full thickness rotator cuff tear, moderate- 17 severe atrophy supraspinatus and infraspinatus muscle belly, mild bicep tendinosis 18 and moderate acromioclavicular osteoarthritis. The rotator cuff contributes to both 19 stability and movement of the glenohumeral joint and is vital to the function of the 20 upper limb. Injury to the rotator cuff is common and progression of injury typically 21 begins in the supraspinatus tendon mostly as a result of an intrinsic attritional process 22 that leads to partial and eventually full-thickness tearing. Full thickness tearing is 23 characterized by the complete removal of the tendon from the bone. This includes 24 large tears (3-5 cm) and massive tears (>5cm). Surgical treatments include 25 arthroscopic repairs, open repairs, mini open repairs, tendon reconstruction and 26 reverse shoulder arthroplasty. Non-surgical treatments consist of physiotherapy or 27 injection. The choice of, and response to, rotator cuff tear treatment may vary with 28 age due to differences in etiology and pathogenesis. Some studies suggest that -6- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 young patients with traumatic tears may be best managed with surgery while many 2 atraumatic rotator cuff tear, which is common in older patients, may be amenable to 3 non-surgical treatment. 4 i. Associated lesions of the biceps tendon are 5 commonly found during arthroscopic repair of the rotator cuff tears. These lesions 6 are treated with tenodesis. Surgery for a diseased biceps tendon is needed in about 7 25% of patients with a rotator cuff tear. Sometimes, biceps disease is not seen until 8 the time of surgery, as damage is not always seen on an MRI or ultrasound. Surgery 9 for a torn biceps tendon involves removing it from inside the joint and reattaching it 10 where it exits the joint. In some cases, the surgeon will cut the tendon and allow it to 11 retract from the joint. The negative consequences of this procedure are possible 12 asymmetry of the biceps muscles (that it will look different from side to side) and 13 possibly some spasm in the muscle belly which routinely resolves. This rarely causes 14 a problem, and removing the long head of the biceps tendon from the shoulder does 15 not affect shoulder function. The biceps muscle continues to work at the elbow and 16 moving or releasing this tendon does not affect motion or strength of the shoulder. 17 Sometimes a biceps tenodesis can be performed arthroscopically. 18 ii. Here, Dr. Bolanos and Ms. Hennin discussed a 19 rotator cuff repair which plaintiff was considering if the pain persisted after a steroid 20 injection and physical therapy. The standard of care was therefore met by Dr. 21 Bolanos in discussing a rotator cuff repair should non-surgical treatment (steroid 22 injection and PT) fail to resolve the pain. 23 c. Plaintiff returned to Dr. Bolanos on October 10, 2019 24 following steroid injection. The pain persisted so they discussed performing the 25 rotator cuff repair on November 11, 2019. The plan also included an addendum to 26 the MRI report with the rotator cuff tear size in mm. This was appropriate under the 27 circumstances. Plaintiff had failed conservative non-surgical management, so the 28 next logical step would be a rotator cuff repair given plaintiff was still active and -7- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 playing sports. It was also appropriate for Dr. Bolanos to request an addendum of the 2 MRI to identify the actual size of the rotator cuff tear. This would allow for appropriate 3 staging of the full-thickness tear. Therefore, Dr. Bolanos’ plan and recommendations 4 here met the standard of care. 5 d. On October 24, 2019, plaintiff returned to Dr. Bolanos who 6 noted that the July 25, 2019 MRI was consistent with a full-thickness rotator cuff tear 7 of 4.7 cm which would be categorized as a large tear appropriate for surgical repair. 8 Similarly, the bicep tendinosis was appropriate for surgical repair given that plaintiff’s 9 pain had persisted. The plan was for an arthroscopic rotator cuff repair, possible 10 mini-open and mumford. Dr. Bolanos also discussed a possible bicep tenodesis 11 repair at this time, given that the MRI findings showed mild bicep tendinosis. Dr. 12 Bolanos appropriately counseled plaintiff that depending on what the findings were 13 intraoperatively, the bicep tenodesis repair surgery may need to be performed. This 14 complied with the standard of care in all respects. 15 e. Plaintiff was presented and signed the Verification of 16 Informed Consent to Surgery or Special Procedure form on November 11, 2019 17 before the procedure. The form specifically identified the biceps tenodesis as a 18 possible procedure that would be performed at the time the arthroscopic rotator cuff 19 repair was done. The form further confirmed that plaintiff read and understood the 20 information in the form, Dr. Bolanos fully explained the operation and procedure, 21 along with the risks, benefits and alternatives. Finally, the form confirmed that plaintiff 22 authorized and consented to Dr. Bolanos performing the operation identified therein. 23 Of importance, the anesthesiologist’s pre-procedure note also identified the left 24 shoulder arthroscopic assisted rotator cuff repair and possible biceps tenodesis. 25 Plaintiff signed this note as well. Both forms adequately relayed to plaintiff that there 26 was a possibility of biceps tenodesis procedure performed at the same time as the 27 rotator cuff repair. Plaintiff was thus fully informed that the biceps tenodesis may be 28 performed, he was adequately informed of the risks, benefits, and alternatives to the -8- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 procedure, and he consented to same. Therefore, the forms and Dr. Bolanos 2 informed consent discussion regarding same fully complied with the standard of care. 3 f. Intraoperatively, the rotator cuff tear was determined to be 4 massive with remnants found to be retracted medial to the glenoid and were noted to 5 be of poor quality with further tearing on attempts of minor retraction. Because of 6 this, Dr. Bolanos determined that the tear was irreparable. Irreparable rotator cuff 7 tears are common conditions seen by shoulder surgeons, characterized by a torn and 8 retracted tendon associated with muscle atrophy and impaired mobility. Direct 9 fixation of the torn tendon is not possible due to the retracted tendon and lack of 10 healing potential which result in poor outcome. Because this is a condition that may 11 not be appreciated until intraoperatively, it was not surprising that Dr. Bolanos first 12 appreciated this after the procedure had started. These “irreparable” tears provide an 13 ongoing challenge for the orthopedic surgeon, with reported treatment failure rates as 14 high as 40% for massive rotator cuff tears. Thus, it was appropriate for Dr. Bolanos 15 to abort the rotator cuff tear and move to the bicipital tenodesis. 16 i. Dr. Bolanos noted that the biceps tendon had been 17 found to be frayed. Biceps tendon tears can be either partial or complete. Partial 18 tears do not completely sever the tendon, whereas complete tears will split the tendon 19 into two pieces. In many cases, torn tendons begin by fraying. As the damage 20 progresses, the tendon can completely tear, sometimes when lifting a heavy object. 21 Because of the likelihood of a complete tear with the tendon already showing signs of 22 fraying, it was completely appropriate for Dr. Bolanos to proceed with the bicipital 23 tenodesis repair while he was already operating on plaintiff at that time. The 24 alternative would have been to do nothing and just wait until the tendon completely 25 tore and then proceed with another surgery. Therefore, Dr. Bolanos’ decision to 26 perform the bicipital tenodesis at that time complied with the standard of care. 27 g. Plaintiff’s allegation that the bicipital tenodesis procedure 28 involved “permanent removal of his bicep” is simply an incorrect statement. To -9- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 perform this procedure, the surgeon will cut into the area where the top of the biceps 2 tendon connects to the labrum. The biceps tendon is then pulled through the incision 3 and released from the labrum. A strong non-absorbable suture is then placed (in this 4 case, in a Krakow fashion) at the level of the bicipital groove, and ultimately a swivel 5 lock anchor is used to perform the biceps tenodesis at the bicipital groove level. This 6 is exactly what Dr. Bolanos did during the procedure. Therefore, plaintiff's assertion 7 that his bicep was “permanently” removed is nonsensical. The bicep was never 8 “removed” rather, its attachment point was just repositioned to prevent a future full 9 tear. Dr. Bolanos’ performance of the bicipital tenodesis therefore complied with the 10 standard of care in all respects, and did not cause any injury to plaintiff. 11 8. In summary, and for the reasons set forth above, it is my opinion 12 that Dr. Bolanos complied at all times with the applicable standard of care in his 13 medical care and treatment of Mr. Shee. It is also my opinion that the hospital staff 14 assisting Dr. Bolanos with the procedure also met the standard of care in all respects. 15 It is also my opinion to a reasonable degree of medical certainty that no act or 16 omission on the part of Dr. Bolanos in the course of managing Mr. Shee’s medical 17 care and treatment caused or contributed to Mr. Shee’s claimed injuries. 18 9. It is also my opinion, based on my education, experience and 19 training, and based on the documents and medical records I have reviewed in this 20 case, that Sutter met the standard of care in providing procedures, policies, facilities, 21 supplies and qualified personnel reasonably necessary for the treatment of its patient 22 Mr. Shee. Dr. Bolanos’ declaration outlines his medical training. He was competent 23 and qualified to render the subject care to Mr. Shee. Further, it is also my opinion to 24 a reasonable degree of medical certainty that no act or omission by Sutter caused or 25 contributed to Mr. Shee’s claimed injuries. 26 /// 27 /// 28 /// -10- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 1 I declare under penalty of perjury under the laws of the State of 2 California that the foregoing is true and correct. 3 Executed on this ____ 16 day of November 2022, in Santa Clara, California 4 5 ________________________________ 6 John Kao, M.D. 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -11- DECLARATION OF JOHN KAO, M.D. IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT, OR IN THE ALTERNATIVE, SUMMARY ADJUDICATION C:\Users\acs\ND Office Echo\VAULT-3GU0XEFK\MSJ-Kao Decl 4883-1766-5342 v.1.doc-111622 EXHIBIT A JOHN T. KAO, M.D. Curriculum Vitae West Coast Sports Institute 900 Lafayette St. #105 Santa Clara, CA 95050 (408) 293-7767 PROFESSIONAL TRAINING: 1992 - 1993 Sports Medicine Orthopaedic Fellowship Kerlan-Jobe Orthopaedic Clinic Inglewood, California 1988 - 1992 Orthopaedic Surgery Residency Stanford University Hospital Stanford, California 1987 - 1988 General Surgery Internship Stanford University Hospital Stanford, California EDUCATION: 1983 - 1987 Howard University College of Medicine M.D. Washington, D.C. 1982 - 1983 San Francisco State University Post-Baccalaureate San Francisco, CA Emphasis: Biology Studies 1978 - 1982 University of California at Berkeley B.S.Ch.E. Berkeley, CA Major: Chem. Engineering APPOINTMENTS: 2007 - 2010 Associate Fellowship Director Sports Medicine SOAR Medical Clinic Redwood City, CA 1994 - 2001 Clinical Instructor Division of Hand Surgery Department of Functional Restoration Stanford University Medical Center Stanford, CA 1993 - 1999 & Orthopaedic Consultant 2009 - 2013 Division of Orthopaedic Surgery Department of Surgery Palo Alto Veterans Administration Hospital Palo Alto, CA WORK EXPERIENCE: 09/14 – present Team Physician. Coverage for high school football, baseball, basketball, etc. Bellarmine College Preparatory School, San Jose, CA. 01/07 - present Orthopedic Medical Staff. Aid in care of intercollegiate sports. Santa Clara University, Santa Clara, CA. 02/19 – present Staff Orthopedist. Sports medicine orthopedist. West Coast Sports Institute. San Jose and Santa Clara, CA. 02/19 - present Team Orthopedist. Team orthopedic surgeon for the minor league Jose Giants. San Jose, CA. 07/01 – 06/18 Team Physician. Coverage for intercollegiate football, basketball, baseball, etc. West Valley Community College, Saratoga, CA. 01/07 – 02/19 Staff Orthopedist. Sports medicine orthopedist. SOAR Medical Clinic. Redwood City and San Jose, CA. 03/11 – 06/18 Orthopedic Medical Staff. Aid in the care of intercollegiate sports. University of California at Berkeley, Berkeley, CA 02/08, 02/09 & Associate Master Instructor. Master’s Course Hip Arthroscopy. Rosemont, IL 07/11 and elbow disorders. San Jose, CA 01/01 – 12/06 Private Practice. Solo Orthopaedic practice emphasizing sports medicine, shoulder, and elbow disorders. San Jose, CA 4/97 - 1/01 Staff Orthopaedist. Clinical practice with a focus on sports medicine, upper extremity, injuries. Kaiser Permanente, Santa Clara, CA. 9/93 - 4/97 Staff Orthopaedist. Work emphasizing sports medicine, general orthopaedics, and resident training in a major metropolitan area. Kaiser Permanente, San Francisco, CA. 10/93 – 6/99 & Orthopaedic Consultant. Teach and supervise orthopaedic residents 01/09 – 12/13 with shoulder and sports medicine surgical cases. Palo Alto Veterans Administration Hospital, Palo Alto, CA. 8/94 - 12/99 Clinical Instructor. Teach and supervise orthopaedic and plastic surgery residents in an upper extremity clinic and in upper extremity surgical cases. Div. of Hand Surgery, Stanford University Hospital, Stanford, CA. 8/92 - 8/93 Assistant Team Orthopaedist. Assist in the orthopaedic care of the Los Angeles Dodgers, Los Angeles Rams, Los Angeles Lakers, and Los Angeles Kings. Los Angeles, CA. 8/92 - 8/93 Team Orthopaedist. Provide orthopaedic care for the intercollegiate teams at Loyola Marymount University. Los Angeles, CA. 5/85 - 8/85 & Lab Research. The effect of ascorbate on glycosaminoglycan 5/84 - 8/84 synthesis in cultured human fibroblasts. R. Stern, M.D., Prof., Dept. of Pathology, U.C. San Francisco. San Francisco, CA. 8/82 - 7/83 Lab Research. Adsorption profiles of amino acids onto montmorillonite. J. Orenberg, Ph.D., Assoc. Prof., Dept. of Chemistry, San Francisco State University. San Francisco, CA. 6/80 - 9/80 Lab Research. Calmodulin purification from bovine cardiac muscle by gel column chromatography. R. Stern, M.D., Prof., Dept. of Pathology, U.C. San Francisco. San Francisco, CA. PUBLICATIONS: ARTICLES 1. Shenoy VM, Gifford HS, Kao JT: A Novel Implant System for Unloading the Medial Compartment of the Knee by Lateral Displacement of the Iliotibial Band. Ortho J Sports Med. 5:3 (2017). 2. Shenoy V, Gifford H, Kao J, Knee Medial Compartment Unloading through Lateral Displacement of the Iliotibial Band. Ortho Proceedings. 98B (sup 10):28 (2016). 3. Tibone JE, Fechter J, Kao JT: Evaluation of Shoulder Proprioception in Unstable Shoulder Patient utilizing Somatosensory Cortical Evoked Potentials. J. Elbow Shoulder Surg. 6:5 (1997) 440-443. 4. Kao JT, Comstock CP: Re-implantation of a Contaminated and Devitalized Bone Fragment after Autoclaving in an Open Fracture. A Case Report. J. Ortho Trauma. 9:4 (1995) 336-340. 5. Kao JT, Giangarra CE, Martin S: The Efficacy of Outpatient Anterior Cruciate Ligament Reconstruction. Arthoscopy. 11:2 (1995) 151-156. 6. Kao JT, Pink M, Jobe FW, Perry J: EMG Analysis of the Scapular Muscles during a Golf Swing. Am J. Sports Med. 23:1 (1995) 19-23. 7. Kao JT, Tibone JE, Shaffer B: The Pullout Strength and Use of Tibial Interference Screws during Endoscopic ACL Reconstruction Surgery. J Knee Surg 8:2 (1995) 42-47. 8. Gamble JG, Kao JT: Avulsion Fracture of the Lesser Trochanter in a Pre-adolescent Athlete. J Ped Orthop. 2B (1993) 188-190. 9. Kao JT, Burton D, Comstock C, McClellan RT, Carragee E: Pudendal Nerve Palsy after Femoral Intramedullary Nailing. J Orthop Trauma. 7:1 (1993) 58-63. 10. Kao JT, Woolson ST: Piriformis Tendon Repair Failure in Total Hip Replacement. Orthop Rev. 21:2 (1992) 171-174. 11. Kao JT, Giangarra CE: Hill-Sachs Fracture, Surgical Rounds for Orthopaedics, 4: 7 (1990) 24. 12. Kao JT, Huey G, Kao RT, Stern R: Ascorbic Acid Stimulates Production of Glycosaminoglycans in Cultured Human Fibroblasts. Experimental & Molecular Pathology. 53 (1990) 1-10. 13. Huff R, Kao JT, Cook A, Lowe T, Orenberg J: pH Profiles of the Adsorption of Nucleotides onto Montmorillonite, Origins of Life, 15 (1985) 77-88. CHAPTERS 1. Chandler RW, Kao JT. Fractures of the Shoulder Girdle. In: Jobe FW, Pink M, eds. The Upper Extremity in the Athlete. St. Louis, Mosby. 1996. 2. Jobe FW, Kao JT. Throwing Sports. In: Hawkins R, Misamore GW, eds. The Athlete's Shoulder, Philadelphia, Churchill-Livingstone. 1996. ABSTRACTS 1. Kao JT, Tibone JE, Lenihan M, Cawley P: The Use of Interference Screws in Endoscopic ACL Reconstruction Surgery and Pullout Strength Analysis of Different Length Tibial Tunnel Interference Screws. Orthop Trans, 18:4 (1994) 1225-26. 2. Kao JT, Giangarra CE, Martin S: The Efficacy of Outpatient Anterior Cruciate Ligament Reconstruction. Orthop Trans, 16:2 (1992) 307. 3. Kao JT, Burton D, Comstock C, McClellan RT, Carragee E: Pudendal Nerve Palsy after Femoral Intramedullary Nailing. Orthop Trans, 15:3(1991) 836. 4. Kao JT: Pudendal Nerve Palsy in Femoral Intramedullary Nailing. Orthop Trans, 15:1(1991) 42. 5. Kao RT, Kao JT, Bierne OR: The Identification and Initial Characterization of Osteogenic Growth Factor. J Dent Res, 66(1987) 509. 6. Wong AM, Covendo J, Kao JT, Kao RT: The Use of Ivalon Sponge for Histological and Biochemical Study of Bone Healing. J Dent Res, 66(1987) 906. INSTRUCTIONAL VIDEOTAPES 1. Kao JT, Tibone JE, Shields CL, ElAttrache NS: Arthroscopic Posterior Cruciate Ligament Reconstruction Surgery.