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FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019
NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/02/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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JOSE GOMEZ,
Plaintiff,
Index No. 527680/2019
-against-
C.P.L.R. § 3101(d)
91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION EXPERT WITNESS
INC., and ALPINE READY MIX INC, DISCLOSURE
Defendants.
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91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION
INC.,
Third-Party Plaintiff,
-against-
CAPITAL CONCRETE NY INC.
Third-Party Defendant.
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PLEASE TAKE NOTICE, that Defendant, ALPINE READY MIX, INC., by and
through their attorneys, BRAND, GLICK & BRAND, P.C., respectfully sets forth as follows,
pursuant to C.P.L.R. § 3101(d):
1. Defendants reserve the right to call Michael T. Goldstein, M.D., J.D., as an expert
witness upon the trial of this matter to give testimony regarding the injuries claimed to have been
suffered by the Plaintiff as a result of the subject accident on September 18, 2019.
2. Dr. Goldstein maintains an office at 115 East 61st Street, 3rd Floor, New York, NY
10065.
3. Dr. Goldstein is a board-certified ophthalmologist licensed in the State of New
York.
4. Dr. Goldstein will testify consistent with his March 30, 2022 report, annexed
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hereto, as to the Plaintiff, JOSE GOMEZ.
5. Dr. Goldstein will testify as to the Plaintiff’s medical records reviewed and his
examination of the Plaintiff.
6. Dr. Goldstein will offer testimony regarding the general ophthalmologic practice,
procedures and principals involved in the diagnosis, treatment and evaluation of the Plaintiff’s
claimed injuries, diagnosis and prognosis. Dr. Goldstein may also be called to offer rebuttal
testimony.
7. The basis of Dr. Goldstein’s testimony will include his education, professional
experience and physical examination of the Plaintiff, as well as, his review of various medical
records and deposition transcript.
PLEASE TAKE FURTHER NOTICE that, Defendant, ALPINE READY MIX INC.,
reserves their right to amend and/or supplement this response up to and including the time of
trial.
Dated: East Meadow, New York
August 2, 2022
Yours etc.,
BRAND, GLICK & BRAND, P.C.
By: Robert S. Mazzuchin /s/
ROBERT S. MAZZUCHIN
Attorneys for Defendant
ALPINE READY MIX, INC.
90 Merrick Avenue, Suite 203
East Meadow, New York 11554
(516) 746-3500
File No. 02-14320 RSM
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TO: MORGAN LEVIN DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
RYAN & CONLIN LLP
Attorneys for Defendant/
Third-Party Plaintiffs
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
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527680/201 9
FILED: KINGS COUNTY CLERK 0 4 / 13 /2022 03 : 59 PM
NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022
MICHAEL T. GOLDSTEIN, M.D.“D.
115 East 61a 3rd Floor
Street,
New York, New York10065
Tel: 212.371.6209
Fax: 212.758.9361
March 30, 2022
Re: Jose Gomez,
DOB:
CIalm # : NCS072
D/A: DOA 9/18/2019
To Whom it may concem :
Jose Gomez Isa 56-year old male who was referred for evaluation of IME, Joey Betancourt DL NY
854676024 paralegal for claimant, accompanied him.
In addition to the medical history supplied by the claimant I reviewed the following records.
1. 2EBTs
2. Verified billof particulars
3. Medical records of New York Eye and Ear Infirmary of Mount Sinai(NYEE), 9/19/2019, 9/23/2019
4. Medical records Dr Joseph Sturm, 10/24/2019, 10/29/2019, 11/21/2019. 1/6/2020, 1/13/2020,
1/20/2020, 1/27/2020, 2/3/2020, 2/17/2020, 3/9/2020, 3/16/2020, 4/2/2020, 5/8/2020, 5/25/2020
(video), 6/8/2020, 6/12/2020 (video), 6/18/2020 (video), 6/24/2020 (video), 7/2/2020, 7/9/2020,
9/14/2020.
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March 30, 2022
Re: Jose Gomez
Page 2
According to the claimant he works with concrete in construction at a non union construction site. , While
they were pouring concrete from chute the concrete chute was raised and concrete went into his face and
intothe lefteye. In hisdeposition he described the concrete as splashing into hisface. He flushed out
with water but it all
didn'tcome out. \According to the claimant he has not worked since the injury but he is
doing much better.He still
uses drops and ointment but did not specify what medication he is using.
In thedeposition he mentioned that he wanted an ambulance to take him tothe hospital. However he was
not taken to the hospital immediately following the injury. The circumstances and reasons why he didn't
receive emergency care ins beyond the scope of thisreport.
He was sent home and was told that they would take him to a doctor inthe moming, The next morning a
company driver picked him up and took him toan urgent care center in Williamsburg Brooklyn and they
refused to see him. Instead they referred him to NYEE emergency.
The claimant presented to the NYEE on 9/19/2019. Prior to being examined by the physician the claimant
was irrigatedwith 1 liter
of saline. According to the claimant he was irrigatedwith a 5 gallon jug of water.
Uncorrected visual aculty was 20/25-1 in the righteye and 20/20-2 in the lefteye. Intraocular pressure
was 15mm in boththe rightand lefteye. Slitlamp examination of the righteye was normal and significant
findings included 2+ conjunctival injectionand inferiorconjunctival staining,there was a 360 epithelial
defect inthe comes of the lefteye. He was prescribed vigamox and pred forte4 times daily, erythromycin
ointment, and Systane ultraevery 2 hours to the lefteye and 2gm of vitamin C twice daily. His diagnosis
was Alkaline burn leftcornea. He was scheduled to return the next day forfollow up evaluation.
He returned on 9/23/2019 for follow up evaluation. Uncorrected visual acuitywas 20/20 in theright eye
and 20/80-2 inthe lefteye. Intraocular pressure was 14 mm inthe righteye and 15 mm in the lefteye.Slit
lamp exam of theright eye was normal. Some black particulateforeign body was noted and the eye was
irrigatedtwice with 1 liter
of normal saline. the conjunctiva had chemosis, 2+ injection and a whitish area
of de-epithelialization,there was a 360 area of corneal de-epithelialization. It appears that for economic
reasons the claimant did not obtain allhis medication.
On 10/24/2019 the claimant became a patient of Dr. Joseph Sturm. The claimant complained of "severe
discomfort and buming in hislefteye with severe photophobia in the lefteye, and severe reduced vision
eye"
of the left however the claimant had noticed some mild improvement . Visualacuity was 20/20 in the
righteye and counting fingers at distance and 20/200 at near inthe lefteye. Other findings in the left
eye
included 3+ conjunctival injectionand "diffuse epithelialopathy of the lefteye with some comeal edema,
3+spk"
of the leftcornea. His recommendation was to continue lacrilube ointment, Systane tidod(?),
celluvisc qid and oral vitamin C. One week follow up was suggested.
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EŠLED DOC.:
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KINGS 127 COUNTY CLERK 04/13/2022 03:59 PlÈ
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NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022
March 30, 2022
Re: Jose Gomez
Page 3
He returned on 10/28/2019 with some mild symptomatic improvement. Visual aculty of the lefteye was
unchanged at counting fingers at distance and 20/200 at near. The conjunctiva of the lefteye had 2+
injectionand the comea had "mild improvement indiffuse epitheliopathy of the lefteye with some corneal
edema 2+ spk". The medication was continued and acular was added bid. Follow up 3 days
He retumed to Dr.Sturm on 11/21/2019 with no improvement in hissymptoms. Visual aculty inthe Ift
eye
was unchanged at counting fingers at distance and 20/200 at near. Findings in thelefteye included 2+
conjunctival injection,the epitheliopathy remained and therewas some mild comeal edema temporally,
2+spk and a mild pannus. In addition to the previous medication a three day of
trial maxitrol qd was
added.
He returned to Dr. Sturm on 1/6/2020 with subjective improvement and he was able to keep his eye open.
Uncorrected visual aculty inthe lefteye improved to 20/200. Findings in the lefteye included 1+
conjunctival injection,The corneal findings of epitheliopathy and cornea edema were improving and there
was peripheral mild pannus. in addition to the current medication he was considering adding
acetylcysteine. Psychological counseling was advised.
He returned on 1/13/2020 to Dr. Sturm. Symptoms were mildly improved since last Visual
visit. aculty of
the lefteye was unchanged at 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal
findings included eptheliopathy , slowing improving corneal edema temporally, reduced spk and a
peripheral mild pannus. The medications were unchanged.
The claimant retumed in 1/20/2020 with no new symptoms. Uncorrected visual acuity of the lefteye
remained unchanged at 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings
included eptheliopathy , slowing improving corneal edema temporally, reduced spk early tear filmbreakup
and a peripheral mild pannus. The treatment regimen was unchanged.
The claimant returned on 1/27/2020 with no new symptoms. Uncorrected visual acuty was 20/200.
Findings of the lefteye include 1+ conjunctival injection,corneal findings included eptheliopathy , slowing
improving corneal edema temporally, reduced spk early tearfilm breakup and a peripheral mild pannus.
The treatment regimen was unchanged.
He returned on 2/3/2020 with no new symptoms. Uncorrected visual acuty was 20/200. Findings of the
lefteye include 1+ conjunctival injection,comeal findings included eptheliopathy , slowing improving
corneal edema temporally, reduced spk early tear film breakup and a peripheral mild pannus. The
treatment regimen was unchanged.
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NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022
March 30, 2022
Re: Jose Gomez
Page 4
He retumed on 2/17/2020 Uncorrected visual acuty was 20/200. Findings of thelefteye include 1+
conjunctival injection,.corneal findings included eptheliopathy , slowing improving corneal edema
temporally, reduced spk early tear filmbreakup and a peripheral mild pannus. The treatment regimen was
unchanged.
He returned on 3/9/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+
conjunctival injection,corneal findings included eptheliopathy , slowing improving corneal edema
temporally,some spk inferiorlyearly tear film breakup and a peripheral mild pannus. The treatment
regimen was unchanged.
He retumed on 3/16/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+
conjunctival injection,corneal findings included eptheliopathy , slowing improving comeal edema
temporally,some spk inferiorly
early tear film breakup and a peripheral mild pannus. The treatment
regimen was unchanged.
He had a video exam on 4/2/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include
1+ conjunctival injection,corneal findings include no gross edema, some inferiorpannus . The treatment
regimen was unchanged
He had a video exam on 5/8/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include
1+ conjunctival injection,corneal findings include no gross edema, some inferiorpannus . The treatment
regimen was unchanged.
He had a video exam on 5/25/2020. There was some improvement in hissympttoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings include no
gross edema, some inferiorpannus . The treatment regimen was unchanged.
He returned for examination on 6/8/2020. There was no change inhis symptoms Uncorrected visual
acuty was 20/200. A visual fieldfound a significant paracentral scotoma. There was leftmacula
thickening on OCT. Findings of thelefteye include 1+ conjunctival injection,comeal findings include no
gross edema, some inferiorpannus . The treatment regimen was unchanged.
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RECEIVED NO .
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March 30, 2022
Re: Jose Gomez
Page 5
He had a video examination on 6/12/2020. There was no change in hissymptoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings include no
gross edema, some inferiorpannus . The treatment regirnen was unchanged.
He had a video examination on 6/18/2020. There was no change in hissymptoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings include no
gross edema, some inferiorpannus . The treatment regimen was unchanged.
He had a video examination on 6/24/2020. There was no change in hissymptoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings include no
gross edema, some inferiorpannus . The treatment regimen was unchanged.
He returned for examination on 7/2/2020. There was no change in hissymptoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include trace conjunctival injection,comeal findings include
central superficial punctate keratopathy, some inferiorpannus . The treatment regimen was unchanged.
He returned for examination on 7/9/2020. There was no change in hissymptoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include trace conjunctival injection,corneal findings include
central subepithelial mottling,some inferiorpannus . The treatment regimen was unchanged.
He retumed for examination on 9/14/2020. There was no change in hissymptoms Uncorrected visual
acuty was 20/200. Findings of the lefteye include 2+ conjunctival injection, comeal findings include
si!nificant central spk, central subepithelial mottling, some inferiorpannus . The treatment regimen was
unchanged.
No additional ophthalmic records were supplied.
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March 30, 2022
Re: Jose Gomez
Page 6
Examination:
Uncorrected Visual Acuity: OD: 20/30 +2
OS: 20/60
Near
OD: 20/40 -1
OS: 20/50 -2
Autorefraction: OD: +0.50 -1.00 x 95
OS: +0.50 -0.75 x 50
Manifest Refraction: +0.50 -0.50 x 100 = 20/20 +2.25 add = 20/20 near
OD;
OD: +0.50 -0.50 x 45 = 20/25-1 +2.50 add = 20/25-1
Autokeratometry: OD: 44.25/44.75 x 23
OD: 44.00/45.00 x 151
Intraocular Pressure: OD: 15 mm Hg
OS: 14 mm Hg
OD: OS:
Pupils: unremarkable Pupils: unremarkable
Ext unremarkable Ext unremarkable
EOM: unremarkable EOM: unremarkable
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March 30, 2022
Re: Jose Gomez
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Anterior Segment:
OS:
Lids/Lac: unremarkable
Conj/Sclera: white and clear
Comea: OS Comes:conjunctivarizationOS
Comea:comeal opacity
AC: deep and clear
Iris: normal
Lens: clear
Posterior Segment:
OD: OS:
Vitreous: normal Vitreous: normal
Optic Nerve: plnk, normal cupping Optic Nerve: pink,normal cupping
BV/Ret/Mac: normal, no tears BV/Ret/Mac: normal, no tears
Impressions: OS comeal opacity
OS conjunctivalization
OS Nonspecific corneal findings
Analysis: The claimant had an alkall bum to his leftcornea as a resultof cement entering and remaining
in hislefteye. The nearly 24 hour delay in seeking medical attention caused the cement that remained in
his eye despite jobsite irrigationto a significantdegree of medical certainty to cause a more severe alkali
Burn to the leftcomea and a slower recovery.
Since Dr. Sturm's lastvisiton 9/14/2020 and the date of my examination his visual aculty
improved.
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March 30, 2022
Re: Jose Gomez
Page 8
He currently has mild corneal clouding with reduced best corrected visualaculty of 20/25-1 in the
lefteye The decreased visual acuity is secondary to the alkaliburn to his cornea.
Conclusion: The claimant had an alkali bum to the leftcornea with some residual mild comeal haze and
an inferiorpannus. Since that lastvisitwith Dr. Sturm there has been sufficienthealing of his leftcornea
that although he does have some visual impairment he is not disabled.
The almost 24 hour delay inseeking medical care for his alkaliburn to the cornea and the failure of
jobsite irrigationto remove allthe cement were to a reasonable degree of medical certainty significant
contributory factors to the severity of the alkaliburn to his leftcornea and also prolonged his recovery.
Overall visual acuity isnow good has improved from the Counting Fingers Found at NYEE and later
20/200 levelfound by Dr. Sturm.
Thank you forthiskind referral.
Should you have any questions regarding Mr. Gomez's care please feel freeto contact me.
Sincerely,
Michael T. Goldstein, M.D., J.D.
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Index No.527680/2019
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
JOSE GOMEZ,
Plaintiff,
-against-
F91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC., and ALPINE READY MIX INC,
Defendants.
EXPERT WITNESS DISCLOSURE
BRAND, GLICK & BRAND, P.C.
Attorneys for Defendant, Alpine Ready Mix Inc.
90 Merrick Avenue, Suite 203
East Meadow, New York 11554
(516) 746-3500
BGB FILE NO.: 02-14320 RSM
TO: MORGAN LEVIN DOLAN, P.C.
Attorneys for Plaintiff
18 East 41st Street, 6th Floor
New York, New York 10017
(212) 785-5115
RYAN & CONLIN LLP
Attorneys for Defendants
91-93 FRANKLIN LLC and
Y.N.H. CONSTRUCTION INC.
2 Wall Street, Suite 710
New York, New York 10005
(212) 509-6009
12 of 12
Preview
FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/02/2022 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS ---------------------------------------------------------------------X JOSE GOMEZ, Plaintiff, Index No. 527680/2019 -against- C.P.L.R. § 3101(d) 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION EXPERT WITNESS INC., and ALPINE READY MIX INC, DISCLOSURE Defendants. ---------------------------------------------------------------------X 91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC., Third-Party Plaintiff, -against- CAPITAL CONCRETE NY INC. Third-Party Defendant. ---------------------------------------------------------------------X PLEASE TAKE NOTICE, that Defendant, ALPINE READY MIX, INC., by and through their attorneys, BRAND, GLICK & BRAND, P.C., respectfully sets forth as follows, pursuant to C.P.L.R. § 3101(d): 1. Defendants reserve the right to call Michael T. Goldstein, M.D., J.D., as an expert witness upon the trial of this matter to give testimony regarding the injuries claimed to have been suffered by the Plaintiff as a result of the subject accident on September 18, 2019. 2. Dr. Goldstein maintains an office at 115 East 61st Street, 3rd Floor, New York, NY 10065. 3. Dr. Goldstein is a board-certified ophthalmologist licensed in the State of New York. 4. Dr. Goldstein will testify consistent with his March 30, 2022 report, annexed 1 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/02/2022 hereto, as to the Plaintiff, JOSE GOMEZ. 5. Dr. Goldstein will testify as to the Plaintiff’s medical records reviewed and his examination of the Plaintiff. 6. Dr. Goldstein will offer testimony regarding the general ophthalmologic practice, procedures and principals involved in the diagnosis, treatment and evaluation of the Plaintiff’s claimed injuries, diagnosis and prognosis. Dr. Goldstein may also be called to offer rebuttal testimony. 7. The basis of Dr. Goldstein’s testimony will include his education, professional experience and physical examination of the Plaintiff, as well as, his review of various medical records and deposition transcript. PLEASE TAKE FURTHER NOTICE that, Defendant, ALPINE READY MIX INC., reserves their right to amend and/or supplement this response up to and including the time of trial. Dated: East Meadow, New York August 2, 2022 Yours etc., BRAND, GLICK & BRAND, P.C. By: Robert S. Mazzuchin /s/ ROBERT S. MAZZUCHIN Attorneys for Defendant ALPINE READY MIX, INC. 90 Merrick Avenue, Suite 203 East Meadow, New York 11554 (516) 746-3500 File No. 02-14320 RSM 2 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/02/2022 TO: MORGAN LEVIN DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 RYAN & CONLIN LLP Attorneys for Defendant/ Third-Party Plaintiffs 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 3 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 127 RECEIVEDINDEXNYSCEF: NO. 08/02/2022 527680/201 9 FILED: KINGS COUNTY CLERK 0 4 / 13 /2022 03 : 59 PM NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 MICHAEL T. GOLDSTEIN, M.D.“D. 115 East 61a 3rd Floor Street, New York, New York10065 Tel: 212.371.6209 Fax: 212.758.9361 March 30, 2022 Re: Jose Gomez, DOB: CIalm # : NCS072 D/A: DOA 9/18/2019 To Whom it may concem : Jose Gomez Isa 56-year old male who was referred for evaluation of IME, Joey Betancourt DL NY 854676024 paralegal for claimant, accompanied him. In addition to the medical history supplied by the claimant I reviewed the following records. 1. 2EBTs 2. Verified billof particulars 3. Medical records of New York Eye and Ear Infirmary of Mount Sinai(NYEE), 9/19/2019, 9/23/2019 4. Medical records Dr Joseph Sturm, 10/24/2019, 10/29/2019, 11/21/2019. 1/6/2020, 1/13/2020, 1/20/2020, 1/27/2020, 2/3/2020, 2/17/2020, 3/9/2020, 3/16/2020, 4/2/2020, 5/8/2020, 5/25/2020 (video), 6/8/2020, 6/12/2020 (video), 6/18/2020 (video), 6/24/2020 (video), 7/2/2020, 7/9/2020, 9/14/2020. 4 of 11 4 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF liŠLED: DOC. NO. 127 COUNTY CLERK RECEIVEDINDEXNYSCEF: NO. 08/02/2022 527680/2019 KINGS 04/13/2022 03:59 PM| NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 2 According to the claimant he works with concrete in construction at a non union construction site. , While they were pouring concrete from chute the concrete chute was raised and concrete went into his face and intothe lefteye. In hisdeposition he described the concrete as splashing into hisface. He flushed out with water but it all didn'tcome out. \According to the claimant he has not worked since the injury but he is doing much better.He still uses drops and ointment but did not specify what medication he is using. In thedeposition he mentioned that he wanted an ambulance to take him tothe hospital. However he was not taken to the hospital immediately following the injury. The circumstances and reasons why he didn't receive emergency care ins beyond the scope of thisreport. He was sent home and was told that they would take him to a doctor inthe moming, The next morning a company driver picked him up and took him toan urgent care center in Williamsburg Brooklyn and they refused to see him. Instead they referred him to NYEE emergency. The claimant presented to the NYEE on 9/19/2019. Prior to being examined by the physician the claimant was irrigatedwith 1 liter of saline. According to the claimant he was irrigatedwith a 5 gallon jug of water. Uncorrected visual aculty was 20/25-1 in the righteye and 20/20-2 in the lefteye. Intraocular pressure was 15mm in boththe rightand lefteye. Slitlamp examination of the righteye was normal and significant findings included 2+ conjunctival injectionand inferiorconjunctival staining,there was a 360 epithelial defect inthe comes of the lefteye. He was prescribed vigamox and pred forte4 times daily, erythromycin ointment, and Systane ultraevery 2 hours to the lefteye and 2gm of vitamin C twice daily. His diagnosis was Alkaline burn leftcornea. He was scheduled to return the next day forfollow up evaluation. He returned on 9/23/2019 for follow up evaluation. Uncorrected visual acuitywas 20/20 in theright eye and 20/80-2 inthe lefteye. Intraocular pressure was 14 mm inthe righteye and 15 mm in the lefteye.Slit lamp exam of theright eye was normal. Some black particulateforeign body was noted and the eye was irrigatedtwice with 1 liter of normal saline. the conjunctiva had chemosis, 2+ injection and a whitish area of de-epithelialization,there was a 360 area of corneal de-epithelialization. It appears that for economic reasons the claimant did not obtain allhis medication. On 10/24/2019 the claimant became a patient of Dr. Joseph Sturm. The claimant complained of "severe discomfort and buming in hislefteye with severe photophobia in the lefteye, and severe reduced vision eye" of the left however the claimant had noticed some mild improvement . Visualacuity was 20/20 in the righteye and counting fingers at distance and 20/200 at near inthe lefteye. Other findings in the left eye included 3+ conjunctival injectionand "diffuse epithelialopathy of the lefteye with some comeal edema, 3+spk" of the leftcornea. His recommendation was to continue lacrilube ointment, Systane tidod(?), celluvisc qid and oral vitamin C. One week follow up was suggested. 5 of 11 5 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF INDEXNYSCEF: 7 68 0 /2 52 08/02/2022 019 EŠLED DOC.: NO. KINGS 127 COUNTY CLERK 04/13/2022 03:59 PlÈ RECEIVED NO. NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 3 He returned on 10/28/2019 with some mild symptomatic improvement. Visual aculty of the lefteye was unchanged at counting fingers at distance and 20/200 at near. The conjunctiva of the lefteye had 2+ injectionand the comea had "mild improvement indiffuse epitheliopathy of the lefteye with some corneal edema 2+ spk". The medication was continued and acular was added bid. Follow up 3 days He retumed to Dr.Sturm on 11/21/2019 with no improvement in hissymptoms. Visual aculty inthe Ift eye was unchanged at counting fingers at distance and 20/200 at near. Findings in thelefteye included 2+ conjunctival injection,the epitheliopathy remained and therewas some mild comeal edema temporally, 2+spk and a mild pannus. In addition to the previous medication a three day of trial maxitrol qd was added. He returned to Dr. Sturm on 1/6/2020 with subjective improvement and he was able to keep his eye open. Uncorrected visual aculty inthe lefteye improved to 20/200. Findings in the lefteye included 1+ conjunctival injection,The corneal findings of epitheliopathy and cornea edema were improving and there was peripheral mild pannus. in addition to the current medication he was considering adding acetylcysteine. Psychological counseling was advised. He returned on 1/13/2020 to Dr. Sturm. Symptoms were mildly improved since last Visual visit. aculty of the lefteye was unchanged at 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings included eptheliopathy , slowing improving corneal edema temporally, reduced spk and a peripheral mild pannus. The medications were unchanged. The claimant retumed in 1/20/2020 with no new symptoms. Uncorrected visual acuity of the lefteye remained unchanged at 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings included eptheliopathy , slowing improving corneal edema temporally, reduced spk early tear filmbreakup and a peripheral mild pannus. The treatment regimen was unchanged. The claimant returned on 1/27/2020 with no new symptoms. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings included eptheliopathy , slowing improving corneal edema temporally, reduced spk early tearfilm breakup and a peripheral mild pannus. The treatment regimen was unchanged. He returned on 2/3/2020 with no new symptoms. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings included eptheliopathy , slowing improving corneal edema temporally, reduced spk early tear film breakup and a peripheral mild pannus. The treatment regimen was unchanged. 6 of 11 6 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF FILED DOC. : NO. KINGS127 COUNTY CLERK 04 /13/2022 03 : 59 RECEIVED INDEXNYSCEF: NO. 08/02/2022 527680/2019 PNg NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 4 He retumed on 2/17/2020 Uncorrected visual acuty was 20/200. Findings of thelefteye include 1+ conjunctival injection,.corneal findings included eptheliopathy , slowing improving corneal edema temporally, reduced spk early tear filmbreakup and a peripheral mild pannus. The treatment regimen was unchanged. He returned on 3/9/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings included eptheliopathy , slowing improving corneal edema temporally,some spk inferiorlyearly tear film breakup and a peripheral mild pannus. The treatment regimen was unchanged. He retumed on 3/16/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings included eptheliopathy , slowing improving comeal edema temporally,some spk inferiorly early tear film breakup and a peripheral mild pannus. The treatment regimen was unchanged. He had a video exam on 4/2/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings include no gross edema, some inferiorpannus . The treatment regimen was unchanged He had a video exam on 5/8/2020. Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings include no gross edema, some inferiorpannus . The treatment regimen was unchanged. He had a video exam on 5/25/2020. There was some improvement in hissympttoms Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings include no gross edema, some inferiorpannus . The treatment regimen was unchanged. He returned for examination on 6/8/2020. There was no change inhis symptoms Uncorrected visual acuty was 20/200. A visual fieldfound a significant paracentral scotoma. There was leftmacula thickening on OCT. Findings of thelefteye include 1+ conjunctival injection,comeal findings include no gross edema, some inferiorpannus . The treatment regimen was unchanged. 7 of 11 7 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF INDEXNYSCEF: 52 08/02/2022 7 6 80 / 2 019 FILED DOC. : NO. KINGS127 COUNTY CLERK 04/13/2022 03:59 PM) RECEIVED NO . NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 5 He had a video examination on 6/12/2020. There was no change in hissymptoms Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings include no gross edema, some inferiorpannus . The treatment regirnen was unchanged. He had a video examination on 6/18/2020. There was no change in hissymptoms Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,corneal findings include no gross edema, some inferiorpannus . The treatment regimen was unchanged. He had a video examination on 6/24/2020. There was no change in hissymptoms Uncorrected visual acuty was 20/200. Findings of the lefteye include 1+ conjunctival injection,comeal findings include no gross edema, some inferiorpannus . The treatment regimen was unchanged. He returned for examination on 7/2/2020. There was no change in hissymptoms Uncorrected visual acuty was 20/200. Findings of the lefteye include trace conjunctival injection,comeal findings include central superficial punctate keratopathy, some inferiorpannus . The treatment regimen was unchanged. He returned for examination on 7/9/2020. There was no change in hissymptoms Uncorrected visual acuty was 20/200. Findings of the lefteye include trace conjunctival injection,corneal findings include central subepithelial mottling,some inferiorpannus . The treatment regimen was unchanged. He retumed for examination on 9/14/2020. There was no change in hissymptoms Uncorrected visual acuty was 20/200. Findings of the lefteye include 2+ conjunctival injection, comeal findings include si!nificant central spk, central subepithelial mottling, some inferiorpannus . The treatment regimen was unchanged. No additional ophthalmic records were supplied. 8 of 11 8 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF INDEX NYSCEF: NO. 527680/2019 FILED: DOC. NO. KINGS 127 COUNTY CLERK 04/13/2022 03:59 PM RECEIVED 08/02/2022 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 6 Examination: Uncorrected Visual Acuity: OD: 20/30 +2 OS: 20/60 Near OD: 20/40 -1 OS: 20/50 -2 Autorefraction: OD: +0.50 -1.00 x 95 OS: +0.50 -0.75 x 50 Manifest Refraction: +0.50 -0.50 x 100 = 20/20 +2.25 add = 20/20 near OD; OD: +0.50 -0.50 x 45 = 20/25-1 +2.50 add = 20/25-1 Autokeratometry: OD: 44.25/44.75 x 23 OD: 44.00/45.00 x 151 Intraocular Pressure: OD: 15 mm Hg OS: 14 mm Hg OD: OS: Pupils: unremarkable Pupils: unremarkable Ext unremarkable Ext unremarkable EOM: unremarkable EOM: unremarkable 9 of 11 9 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF FILED DOC.: NO. KINGS 127 COUNTY CLERK 4 2 2 : 59 RECEIVED NO INDEXNYSCEF: . 52 08/02/2022 7 6 8 0 / 2 019 NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 7 Anterior Segment: OS: Lids/Lac: unremarkable Conj/Sclera: white and clear Comea: OS Comes:conjunctivarizationOS Comea:comeal opacity AC: deep and clear Iris: normal Lens: clear Posterior Segment: OD: OS: Vitreous: normal Vitreous: normal Optic Nerve: plnk, normal cupping Optic Nerve: pink,normal cupping BV/Ret/Mac: normal, no tears BV/Ret/Mac: normal, no tears Impressions: OS comeal opacity OS conjunctivalization OS Nonspecific corneal findings Analysis: The claimant had an alkall bum to his leftcornea as a resultof cement entering and remaining in hislefteye. The nearly 24 hour delay in seeking medical attention caused the cement that remained in his eye despite jobsite irrigationto a significantdegree of medical certainty to cause a more severe alkali Burn to the leftcomea and a slower recovery. Since Dr. Sturm's lastvisiton 9/14/2020 and the date of my examination his visual aculty improved. 10 of 11 10 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 127 RECEIVEDINDEXNYSCEF: NO. 527680/2019 08/02/2022 FILED : KINGS COUNTY CLERK 04/13/2022 03:59 PM| NYSCEF DOC. NO. 61 RECEIVED NYSCEF: 04/13/2022 March 30, 2022 Re: Jose Gomez Page 8 He currently has mild corneal clouding with reduced best corrected visualaculty of 20/25-1 in the lefteye The decreased visual acuity is secondary to the alkaliburn to his cornea. Conclusion: The claimant had an alkali bum to the leftcornea with some residual mild comeal haze and an inferiorpannus. Since that lastvisitwith Dr. Sturm there has been sufficienthealing of his leftcornea that although he does have some visual impairment he is not disabled. The almost 24 hour delay inseeking medical care for his alkaliburn to the cornea and the failure of jobsite irrigationto remove allthe cement were to a reasonable degree of medical certainty significant contributory factors to the severity of the alkaliburn to his leftcornea and also prolonged his recovery. Overall visual acuity isnow good has improved from the Counting Fingers Found at NYEE and later 20/200 levelfound by Dr. Sturm. Thank you forthiskind referral. Should you have any questions regarding Mr. Gomez's care please feel freeto contact me. Sincerely, Michael T. Goldstein, M.D., J.D. 11 of 11 11 of 12 FILED: KINGS COUNTY CLERK 08/02/2022 03:58 PM INDEX NO. 527680/2019 NYSCEF DOC. NO. 127 RECEIVED NYSCEF: 08/02/2022 Index No.527680/2019 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS JOSE GOMEZ, Plaintiff, -against- F91-93 FRANKLIN LLC, Y.N.H. CONSTRUCTION INC., and ALPINE READY MIX INC, Defendants. EXPERT WITNESS DISCLOSURE BRAND, GLICK & BRAND, P.C. Attorneys for Defendant, Alpine Ready Mix Inc. 90 Merrick Avenue, Suite 203 East Meadow, New York 11554 (516) 746-3500 BGB FILE NO.: 02-14320 RSM TO: MORGAN LEVIN DOLAN, P.C. Attorneys for Plaintiff 18 East 41st Street, 6th Floor New York, New York 10017 (212) 785-5115 RYAN & CONLIN LLP Attorneys for Defendants 91-93 FRANKLIN LLC and Y.N.H. CONSTRUCTION INC. 2 Wall Street, Suite 710 New York, New York 10005 (212) 509-6009 12 of 12