Preview
Filing # 150979609 E-Filed 06/07/2022 10:06:11 AM
Jacqueline Smith
vs.
Smyrna Ready Mix Concrete, L.L.C.
Deposition of:
William Bargen
March 10, 2022
Vol O1
PHIPPS REPORTING
Raising the Bar!William Bargen
March 10, 2022
IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT
IN AND FOR GADSDEN COUNTY, FLORIDA
CASE NO: 2021-000005-CAA
JACQUELINE LOUISE SMITH
Plaintiff,
vs.
SMYRNA READY MIX CONCRETE, LLC,
a Foreign Corporation
Defendant.
VIDEOTAPED DEPOSITION OF
DR. WILLIAM VON BARGEN
VIA ZOOM VIDEOCONFERENCE
PAGES 1 - 33
Thursday, March 10, 2022
10:02 a.m. —- 10:40 a.m.
STENOGRAPHICALLY REPORTED REMOTELY
BY: Janice Jones, RPR, CLR
JOB NUMBER: 235224
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March 10, 2022
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APPEARANCES:
(ALL APPEARANCES VIA ZOOM)
ON BEHALF OF THE PLAINTIFF:
LAW OFFICE OF WILLIAM D. HALL
917 North Monroe Street
Tallahassee, Florida 32303-6142
BY: WILLIAM D. HALL, ESQUIRE
850-222-6677
bill@youbettercallhall.com
ON BEHALF OF THE DEFENDANT:
QUINTAIROS, PRIETO WOOD & BOYER,
227 North Bronough Street
Suite 7400
Tallahassee, Florida 32301-1334
BY: JOHN DERR, ESQUIRE
850-412-1042
jderr@qpwblaw.com
ALSO PRESENT: KYLE SHERIDAN
LEGAL VIDEO SPECIALIST
P.A.
Page 2
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INDEX
Testimony of DR. WILLIAM VON BARGEN
Direct Examination By Mr. Hall
Cross-Examination By Mr. Derr
Redirect Examination By Mr. Hall
Certificate of Oath
Certificate of Reporter
EXHIBITS
Exhibit 1 Medical File
Jacqueline Smith
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33
PAGE
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(The followin
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g proceedings began at 10:02 a.m.)
LEGAL VIDEO SPECIALIST: We are now on the
record, and the time is 10:02 a.m.
This i
Dr. William Von Ba
Jacqueline Smith v
his d
March 10, 2022. T
the stenographer i
with Phipps Report
Will c
appearances for th
reporter will swea
MR. HA
Jacqueline Smith.
MR. DE
Smyrna Ready Mix,
THE ST
s the video recorded deposition of
rgen taken in the matter of
ersus Smyrna Ready Mix Concrete, LLC.
eposition is being held remotely on
he videographer is Kyle Sheridan, and
s Janice Jones, both in association
ing.
ounsel please announce their
e record after which the court
r in the witness?
LL: Bill Hall here on behalf of
RR: John Derr here on behalf of
LLC.
ENOGRAPHER: Doctor, good morning
again. Will you raise your right hand, please?
Do you
you will give int
swear or affirm that the testimony
his proceeding will be the truth, the
whole truth, and nothing but the truth, so help you
God?
THE WITNESS: I do.
THE STENOGRAPHER: Thank you.
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.-phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
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1 DR. WILLIAM VON BARGEN,
2 having been first duly sworn or affirmed as hereinafter
3 certified, testified as follows:
4 DIRECT EXAMINATION
5 BY MR. HALL:
6 Q Will you state your name please, sir?
7 A Me?
8 Q Yes.
9 A Yes, William Von Bargen.
10 Q Dr. Von Bargen, my name is Bill Hall. I'm
11 here on behalf of Jacqueline Smith.
12 I have some questions to ask you about your
13. care and treatment of Ms. Smith over the last --
14 MR. DERR: I'm sorry. Bill, I thought we
15 were here for Ms. West.
16 MR. HALL: Two days ago, I sent a notice to
17 the other -- to you and all your people saying that
18 Dr. Von Bargen hadn't seen Ms. West, so I'm switching
19 this to Ms. Smith.
20 MR. DERR: Fair enough.
21 BY MR. HALL:
22 Q Dr. Von Bargen -- back to where we were,
23 Dr. Von Bargen, would you tell me what type of practice
24 you have?
25 A Well, I'm a family practice doctor, and I
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do everything from family medicine to urgent care; and
I do a lot of different types of injuries and
rehabilitation of those injuries, so it's sort of a
blend of a lot of different things.
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5 Over the years, I have gotten into the
6 injury and rehabilitation part of it through -- I'm an
7 osteopathic physician, so it kind of lends towards
8 that. And I was an ER doctor for quite some years
9 until I was injured and could not do that any longer.
10 So the guys started referring me a lot of
11 different patients with various injuries from the ER,
12 and it has sort of built from there.
13 Q Give us the rundown on your undergraduate
14 and medical education and training.
15 A Sure. Sure. So I did my undergraduate
16 degree at University of Central Florida here in
17. Orlando, and I got my bachelor in science in molecular
18 microbiology. I graduated in 1998, December of 1998.
19 I began medical school at Nova Southeastern
20 University in the Fort Lauderdale area in Florida.
21 I graduated -- I started in summer of 1999,
22 graduated in four years in the spring of 2003.
23 From there, I started my internship about a
24 month after that at Florida Hospital in east Orlando.
25 It's a general internship. That was from 2003 -- from
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July 2003 through July 2004.
Once I finished that, I started a family
practice residency. It was a combined program, so it
combines the internship -- it counts as your first year
of residency, so, technically, I did a three-year
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6 residency, including the internship year. So that
7 would have been, again, from 2003, July 2003, and that
8 would have been through July of, I guess, 2006.
9 That is my undergraduate, med school and
0 postgraduate training.
11 Q Are you licensed to practice medicine in
12. Florida?
3 A I am.
14 Q Do you have any certifications?
5 A I do.
16 Q What are they?
7 A Well, family practice. I'm a board
8 certified family practice physician.
19 Q Do you have, like, when you first saw
20 Jacqueline Smith as a patient?
21 A Offhand, I do not. I do have the records
22 here. It would be easier if I do it this way. It will
23 take about 30 seconds.
24 It looks like it was July lst of 2020.
25 Q We have your records to review, and I don't
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like to just go through records and read what you have
written down. So the jury can see those.
What I am going to do is just pick out a
few details and have you explain to us, and we will go
from there.
When you have an initial visit with a --
with Ms. Smith, what sort of the protocol do you follow
in terms of trying to determine what you can do for
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0 A You know, it's a history and physical
1 first, so you kind of get the story of what happened.
2 Ido a physical exam, focused on those areas which have
3 chief complaint, and from there, you know, try to make
4 a diagnosis. I mean, that is the next step.
5 So is that a protocol, not necessarily a
6 protocol, but depending on the injury and, you know,
7 mechanism of the injury determines what or how I will
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work the patient up.
9 So that may involve x-rays; it may involve
20 MRIs; it may involve just doing therapy. It's all
21 based upon that individual patient.
22 Q Understood. Did Ms. Smith give you a
23 history of being in an automobile and cement truck
24 collision on June 29th of 2020?
25 A Yes, she did.
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Q Is there any clinical significance to her
history? This being a rear-end collision, does that
factor into your treatment at all?
A Yes. Yes, of course.
Q Okay. In what respect?
A Well, I mean, the -- well, first of all,
she was stopped. She was hit from behind, and she had
her seat belt on. So, you know, it kind of tells you
how she is going to -- I mean, she is going to be going
from front to back as opposed to side to side.
You know, she didn't hit her head on the
side window. So, you know, you are kind of not so
worried about that. Maybe she hit it on the headrest.
You know, it just kind of -- the mechanism
of the accident will help determine, you know, the most
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likely injuries caused by the accident, I guess.
17 Q With that, let me jump ahead for a second.
18 Did you order MRIs on Ms. Smith?
9 A I did.
20 Q And, you know, probably everybody knows
21 this, but tell us the function of an MRI.
22 A The MRI is a diagnostic tool. It's good at
23 seeing a lot of things, you know, much better than an
24 x-ray. For the most part, it's just very detailed, see
25 a lot of soft tissue, muscle, tendons, ligaments, even
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bone. It's actually really good looking at bone.
Maybe not quite as good as a CT, but it's a really good
tool to screen for a lot of injuries and, you know, to
evaluate pre- -- you know, need for surgery or what the
next step would be.
In her case, it was useful to determine
whether or not she would be a surgical candidate.
Q When you did the -- had the MRIs ordered,
do you then review the scans yourself, or do you rely
on the radiologist?
A No. I typically rely on the radiologist.
Occasionally, I will look at the scans, but I don't
really base much upon my looking at the scans, unless
there is just a gross difference.
In her case, I did not look at the scans.
I just strictly looked at a report.
Q Understood. What would be the clinical
significance of a result in the surgical MRI scan
showing that she has swelling where the spine attaches
to the skull?
A Well, that would indicate she most likely
had a whiplash injury, and it fits with the mechanism
of injury being rear-ended. And the force is going to
be from the back of the vehicle to the front, so your
head gets thrown forward and whipped back.
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So it's -- it definitely fits the type of
accident. It's the expected injury that you would
have, and it also tells you about the amount of force
that was present. It wasn't just a little tap to cause
that in my opinion.
Q There is a reference in the MRI report to a
herniated disc at C3-4.
Tell us, based on your experience and
training, what that means. Describe for us what a disc
is and what a herniation is.
A Sure. So am I being recorded or --
Q Yes.
A I can -- you want -- I have a model that I
typically use to show the patients. Would you like me
to use that or --
Q Certainly, if you can get it --
A Sure. Sure. It just makes it a little bit
easier so -- for you to follow.
So right here we have -- this is the lumbar
spine, but the cervical spine is essentially the same,
just the bones are smaller.
So here, if you are looking at it from the
posterior or the rear part -- here, this is the
anterior portion or the front, so your nose would be
facing that way.
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These, you know, would go that way. These
are the bones or the vertebrae. Okay. So this here,
this red thing is the disc, and that is a nice shock
absorber, spongy. You jump up and down, you fall,
hopefully, it works just like a shock absorber in a
car, and it takes the brunt of it.
Now, if you will look behind this, you have
the spinal cord. So this is the big root or trunk
here, and then off of the spinal cord, you have nerves,
which are the -- this supplies everything from
sensation to motor function, et cetera.
So, unfortunately, when somebody has
whiplash or in her case, you are thrown, you know, back
and forward sort of like this. And sometimes there is
too much force, and what it causes -- the disc will
actually herniate. And that is a herniation. So you
can see the disc actually breaks through what is called
the annulus. So the ligaments that go around the
discs, that I actually would -- the best way to
describe the annulus, if you look at, like, a tire -—-
you know, you have a tire. Right? So -- steel belted
tire. It's like a steel belt around there, and that
sort of keeps everything -- the tread together. And if
we didn't have that, our tires would explode as we
drove each day.
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Well, when that steel belt splits -- if you
have ever seen a steel belt split on your tire -- you
will see little bubbles in the tire.
Well, basically, your steel belt splits
here or your annular ligament splits and boom. There
is your bubbling in your tire or in this case your
disc. That's -- obviously is a problem.
Now, in her case, fortunately, there was no
evidence that it was pushing on the nerve. You see how
it's pushing on the nerve there? It wasn't doing that,
fortunately.
Sometimes it can even go backwards and hit
the spinal cord like this. No evidence of that,
either. So, you know, with that regard we were
fortunate, but there is still, you know, that permanent
injury. And it's a risk -- risk in the future. That
thing is going to worsen, progress. You know, that is
definitely a possibility.
So that is essentially what a disc
herniation is in my long-winded way of explaining it.
Q Okay. Did you examine her left shoulder?
A Yes, I did.
Q Did you find that she had any problems with
her left shoulder anatomically?
A Yes. She had some tenderness, decreased
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range of motion.
Q And did you refer her for an MRI of the
left shoulder?
A I did.
Q In that MRI there were a couple of
references to the supraspinatus and the infraspinatus.
We hear the term rotator cuff a lot with sports
injuries.
Are these component parts of the rotator
cuff?
A Yes. They are two of the four tendons of
the rotator cuff, yes.
Q What is the anatomical function of the
rotator cuff?
A Just like it sounds, rotates the shoulder,
really. It rotates, like this, like this. You know,
all these motions, that is all rotator cuff and so it
essentially, lifts, rotates -- it's basically every
movement that you do with your shoulder, you have some
component of rotator cuff involved in it.
Q Did you make a referral for Ms. Smith to an
orthopedic surgeon to evaluate her shoulder problems?
A I believe I did refer her to TOC. Let me
just double-check. I know she saw TOC. I'm just not
clear if I had referred her or possibly she was
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referred through someone else. Yes, I did refer her.
Q Dr. Thompson performed a shoulder
replacement surgery on Ms. Smith -- and I'm not going
to ask you about that surgery, because that is, you
know, his domain. He can deal with that.
What I want to ask, though, is do all
shoulder sur- -- shoulder problems that present to you
require referral to an orthopedic surgeon?
A No. No, absolutely not.
Q What was the reason that you thought this
was an appropriate referral to an orthopedic surgeon?
A Well, several reasons: One, obviously, the
MRI showed a full thickness tear, so a complete tear
of, I believe, the infraspinatus tendon, and actually a
near full thickness tear -- it was listed as a partial
thickness, I believe, 90 percent -- of the
supraspinatus tendon.
So that is significant, a significant
injury, and in addition to that, functionally, she was
having difficulty using her shoulder. I mean, she
really couldn't lift it up; she couldn't do a lot of
day-to-day activities; and then the severity of pain.
So, you know, the history, with the pain,
the exam was the decreased range of motion, tenderness,
and then the findings on the MRI she had a complete
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tear of one tendon and a near complete tear of another.
So it definitely warranted a referral to an
orthopedic surgeon. Out of the scope of my practice,
for sure.
Q In your experience and practice, have you
worked with other patients who have had shoulder
replacements?
A Yes.
Q Is a shoulder replacement such as the one
that Ms. Smith had a permanent condition?
A Yes.
Q And when we -- it sounds kind of silly to
ask, but what is it that is actually replaced in the
shoulder?
A It depends. It's the ball -- it's a
ball-and-socket, and the best to my understanding --
I'm not an orthopedic surgeon, so I really don't want
to speak out of turn -—- but it is -- it can be a
part -- a part -- a portion of the ball, to my
understanding, or possibly I even would suspect the
entire ball. But, again, I don't want to speak out of,
you know, the scope of my practice.
I just know they do a shoulder replacement,
and it can be partial or complete.
Q Got it.
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A But I have never -- I have never -- I have
never done a surgery or participated in a surgery of
that type.
MR. HALL: Okay.
MR. DERR: Strike the witness's answer for
lack of predicate. Did you get that, Madam Court
Reporter?
THE STENOGRAPHER: Yes, sir, I did.
MR. DERR: Thank you.
T.
HE STENOGRAPHER: You're welcome.
MR. HALL: Yeah. We will talk about that,
John, because I think there is clearly at least a
portion of it that we can excise. I probably shouldn't
have asked the question. I will go back to where I
was.
BY MR. HALL:
Q Okay. With -- you have a reference in your
records to a potential brain injury. Let me cut to the
chase on that.
Did you find at the end of your treatment
that any potential brain injury for Ms. Smith had
resolved?
A Yes.
Q There is a reference to her having low back
pain.
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What sort of the problems did she present
with with her low back?
A I believe just lower back pain.
Q What did -- was -- do you recollect whether
there were any radicular issues there, or was it
nonradicular?
A I believe it was nonradicular in the back,
if I'm not mistaken -- if you see it differently -- and
correct me if I'm wrong.
Q No. No. I mean, whatever you recollect is
fine, Doc.
A Yeah.
Q I'm just going through my notes, because we
have gone through a lot of what I wanted to ask you.
A I believe there is some potential radicular
complaints more related to the neck.
Q When we use the term "radicular," what does
that mean?
A It means essentially in layman's terms a
pinched nerve. So you have some -- maybe some type of
symptom whether it's pain, numbness, tingling,
something that can be traced back to a nerve.
The sciatica would be the layman's terms,
if you are looking at the leg. Everybody calls that
sciatica. Well, it's just a radiculopathy.
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Q Let me go back to the issue with the neck
for a little bit.
In your professional experience, have you
found that discs in the cervical spine will weaken as a
person ages?
A Yes.
Q At the time of this collision, Ms. Smith
was 67, and within a reasonable degree of medical
probability, would the age of her cervical spine have
any affect on her susceptibility to a disc injury?
A Yes.
Q And what would that be?
A Well, in my opinion, it would make her more
likely to have a disc injury. Again, as we age, we are
more susceptible to injuries in general.
Q And let me ask you this: Kind of on the
flip side, given her age within a reasonable degree of
medical probability, would it make her ability to
recover from a disc injury more problematic due to her
age?
A Yes.
Q In your experience, can a disc herniation
such as the one Ms. Smith suffered, C3-4, be a pain
generator?
A Yes.
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Q I'm just going through my notes, Doctor.
A Yeah, no problem.
Q I have a couple of things -- oh, there was
a reference in your record at one point to tingling in
the left arm.
What would be the cause of that?
A Well, I mean, now I have a better idea, but
at the time, I was concerned that it was radicular in
nature; that there was a herniated disc impinging the
spinal cord or the nerve like I showed you on the
model.
Now, that did not pan out to be true. We
did find a herniated disc, but it was not impinging a
nerve; it was not impinging the spinal cord, so it
didn't appear to be spinal in nature.
It appeared most likely that it was going
to be more of a peripheral nerve issue. So, like,
carpal tunnel syndrome, she had some tingling in her
left thumb, index finger and middle finger, which
follows the distribution of the median nerve. And the
median nerve is the nerve that is compressed in carpal
tunnel syndrome.
She was sent over to Dr. Beaty, who
confirmed that -- he also felt that that was the cause,
and he had recommended an EMG, a nerve conduction
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study. But I'm not clear as to whether or not that was
done. I don't have that it was in my records.
I know she has had surgery for the carpal
tunnel syndrome, but that is sort of where that left
Q Let me go to the end of my questions. We
talked about the left shoulder already.
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Within a reasonable degree of medical
probability, do you have an opinion as to whether the
10 neck injury suffered by Ms. Smith is permanent?
11 A Yes, I do. It is permanent.
12 Q Just a couple of questions on the brain
13° injury. Again, from which -- you know, you have
14 covered.
15 How would that happen in an event like
16 this?
17 A Well --
18 MR. DERR: Object to form.
19 MR. HALL: Okay. What is wrong with it?
20 MR. DERR: You asked -- you stated that
21 there was a brain injury as a matter of fact when the
22 doctor said that t
23 MR. HA
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here was a potential brain injury.
L: Good point.
R: The question is also leading and
25 misstates the witness' prior testimony.
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MR. HALL: Got it. Okay. Do I want to
bother you with that? Let me think. No. All that
does is lead us somewhere I don't need to go.
BY MR. HALL:
Q All right. Let's go to the housekeeping
things at the end.
As of today, how much have you billed
Ms. Smith for your care and treatment?
A Let me see. I'm just trying to get into
the administrative questions, but I think I can pull
that up if you give me a moment.
Q Sure.
A It looks like -- yes, $13,098.59.
Q And do you believe those charges to be
reasonable and necessary?
A Yes.
MR. HALL: John, let me ask you this: I can
go through the stuff on his records, which I'm going to
attach.
Are we required to use records custodians
here, or can we stipulate to authenticity on medical
records? He left.
LEGAL VIDEO SPECIALIST: I will take us off
record. We are going off record at 10:27 a.m.
MR. HALL: He doesn't like my question.
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LEGAL VIDEO SPECIALIST: Let me just take
us back on then.
MR. DERR: Yeah. Sorry. I got cut off
somehow.
MR. HALL: No. I was just curious. I
mean, you know, I can do the stuff about, you know,
were these made at the time of occurrence and et
cetera, et cetera, or are we going to stipulate to the
authenticity of medical records?
MR. DERR: I think we can stipulate to the
authenticity of medical records, don't you?
MR. HALL: Oh, yeah. No, I'm fine with
that. I just wanted to make sure, I mean, instead of
going through that, you know, kept in the course of
regularly conducted activities, blah, blah, blah.
Okay.
MR. DERR: No, we're good.
MR. HALL: Okay. Thank you.
LEGAL VIDEO SPECIALIST: Can I just
state --
BY MR. HALL:
Q Dr. Von Bargen --
LEGAL VIDEO SPECIALIST: -- we are back
from the break, and we are back on the record at 10:28
a.m.?
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MR. HALL: Dr. Von Bargen, I will have you
attach a copy of your file as an exhibit to the
deposition, and I have no further questions.
And I know Mr. Derr will have some. I
appreciate your time, sir.
THE WITNESS: Okay.
(Thereupon, the documents were marked as
Exhibit Number 1 for identification.)
CROSS-EXAMINATION
BY MR. DERR:
Q I do have a few, Doctor.
Let me ask you, first of all, as a matter
of practice -- well, strike that.
In this case, did you have the patient sign
any kind of assignment of benefits or letter of
protection with your office?
A General practice, we do. Let me -- we
usually have a letter of protection. This is an
assignment of benefits.
Q And is it your understanding of that
assignment of benefits that the patient is required to
pay you out of any settlement or judgment that the
patient obtains?
A Let me look how it is worded. You know,
I'm not -- sort of out of my -- we are in the
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March 10, 2022
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administrative part again, so bear with me. Let me
just pull up her file, that document.
Yes. It does say, "I hereby direct my
attorneys directly to pay Injury and Rehab Centers the
sum of any settlement or recovery" -- yes, it does.
LEGAL VIDEO SPECIALIST: Can you hear me?
Hello. Can you hear me?
MR. HALL: It looks like there is a
connection issue. Give him a second to get back.
(Discussion off the record.)
LEGAL VIDEO SPECIALIST: We are back on the
record at 10:32.
THE WITNESS: So you want me to answer that
question, I guess, where we left off?
MR. DERR: Please.
A Okay. So I look here -- it's called a
Direction to Pay and it says, "I hereby direct my
attorneys of record to pay Injury and Rehab Centers of
North Florida, LLC, the sum from any settlement of"
recoverable -- "recovery I may receive," et cetera, et
cetera.
It's not really a letter of protection.
The attorney does not have to sign it, so I don't know
how binding it is, but again, I'm not an attorney. I
don't really do the administrative part too much.
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BY MR. DERR:
Q Sure. So you saw Ms. Smith, what, two days
[sic] after the accident?
A Can you refresh me on the date of the
accident?
Q I think it was the 29th of June, and you
saw her on September lst.
A Yeah, correct. That -- that would be
right.
Q Had you seen her before that?
A No.
Q Do you know how she came to you?
A Yes.
Q How?
A Mr. Hall's office referred her to us.
Q And did you -- do you know whether she was
under a doctor's care before she came to you?
A I believe she was, just a general practice
doctor.
Q Did you get that doctor's records?
A I do not believe I did, no.
Q So you don't have any prior or do you know
whether Standup MRI had any prior MRIs to view before
they did their MRIs?
A To my knowledge, they did not, but I did
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
NY DOD UO PB WH FP Doe oO HY WH HW F WY FB
No OS NS NY NY NY fF
ao 6 WwW Nn F oO WO @
Page 27
not see where they had referenced -- I'm just saying
because he didn't reference any comparisons that I
recall in the records. That is just my recollection.
Q Do you know how long Ms. Smith had been
complaining of left shoulder pain prior to entering
your practice?
A This EMR is great. It's so much easier
than having to look through these -- I did this once
before, and I had to thumb through all of these papers.
And it was difficult. This is the way to go.
Ms. Smith -- so it says at the scene of the
collision Ms. Smith was complaining of neck pain,
bilateral shoulder pain, lower back pain, left foot
pain and tingling in the left arm.
That's -- I have that -- that is when she
was complaining of it. I do not reference that she was
complaining of it before then.
Q Okay. Thank you.
Did you treat her for any -- well, strike
that.
What kind of medications did you give her,
if any?
A I gave her Soma, which is a muscle
relaxant, hydrocodone with acetaminophen, which is an
opiate, and that appears to be it.
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(888) 811-3408William Bargen
March 10, 2022
ao PB W NY FP OD © @ YN BD UV FF Ww ND FB
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Q Did you order any type of physical therapy
for her?
A I did -- we did minimal physical therapy in
the office, just because of the severity of the injury.
We are talking about the shoulder, you know, a full
thickness tear and a partial thickness tear of
90 percent. I really didn't want to be tugging or
pulling on that 90 percent tear.
I mean, it's almost like a rubber band.
Clip it 90 percent and you pull on it, that thing could
become a full thickness very easily. Again, out of the
scope of my practice.
Other than that, I believe we did some
therapy on her, but let me look at the records here.
Yes, it looks like we did some therapy.
Q So that would have been for -- presumably
for the back and neck?
A Correct. Yes.
Q Was she compliant with the therapy?
A Yes.
Q Do you know --
A I'm sorry. This was also during COVID, so
there were some limitations there. I mean, it was
right in the thick of it. Some of this, we were doing
the telemedicine, as well. So we would actually do
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(888) 811-3408William Bargen
March 10, 2022
ody WD VO FB WY EB
Page 29
just like we are here, and we would go over it; and I
would have her demonstrate. So a lot of it was home
therapy, as well. So it was a combination. When it
began, it was right in the middle of the pandemic. She
is elderly, African American, very high risk.
Q Sure. I understand.
So do you know whether she had any other
physical ailments or medical conditions, other than the
back and shoulder, prior to the time she saw you?
A Let me see if it would be easier for me to
look in here.
Q Or if it's easier, did you treat her for
any other medical conditions or physical conditions,
other than the ones you have identified today?
A No, I did not.
Q Didn't -- didn't diagnose any, didn't treat
any?
A Not to my recollection.
MR. DERR: That is all I have. Mr. Hall
might have some more.
MR. HALL: No, just a couple of follow-ups.
Thank you.
REDIRECT EXAMINATION
BY MR. HALL:
Q The form that Mr. Derr mentioned initially,
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
RB
oo Oo SN DTD Oe WwW YS RB
Oo YD HW B Ww NY FB
is that something that I signed, Dr. Von Bargen? bese ®°
A I'm sorry. I couldn't quite understand.
Q The form that Mr. Derr referenced
initially, was that something that I signed?
A That was when he was referencing a possible
letter of protection?
Q Yes.
A No. No, you did not sign that.
Q Tell us just generally what is an
exacerbation, in your practice.
A Exacerbation is a worsening of a
preexisting condition.
MR. HALL: Okay. Appreciate your time,
sir. John, do you want to follow-up on anything?
MR. DERR: No, thank you, Mr. Hall. I do
not.
MR. HALL: Okay. I have got -- Doctor, we
will attach your file, find out what your bills are —-
you are good to go.
Do you -- you have the opportunity to read
the transcript. t will be transcribed.
Do you want to read, or do you want to
waive reading?
THE WITNESS: No, I can waive.
MR. HALL: Good. Okay. We're done. Thank
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(888) 811-3408William Bargen
March 10, 2022
Page 31
1 you. Thank you all so much.
2 LEGAL VIDEO SPECIALIST: Just before you
3 go, Counsel, do you guys need a copy of the video?
4 Mr. Hall, do you need a copy of the video?
5 MR. HALL: I'm sorry. What?
6 LEGAL VIDEO SPECIALIST: Do you need a copy
7 of the video?
8 MR. HALL: Oh, of course. Yes. Yes. I
9 appreciate it. Thank you.
0 MR. DERR: And I would like it, as well.
1 Thank you.
2 MR. HALL Okay. See you later, John.
3 Thanks again.
4 MR. DERR: You, too.
5 LEGAL VIDEO SPECIALIST: If there is
6 nothing else, we are going off the record at 10:40 a.m.
7 MR. HALL: Thanks, Doc. Take care.
8 (Discussion off the record.)
9 (Thereupon, the reading and signing of this
20 deposition was waived.)
21 (The proceedings concluded at 10:40 a.m.)
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www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
Page 32
1 CERTIFICATE OF OATH
2
3 STATE OF FLORIDA )
4 COUNTY OF ORANGE )
5
6 I, JANICE D. JONES, certify that DR. WILLIAM
7 VON BARGEN appeared remotely before me VIA ZOOM and was
8 duly sworn on this 10th day of March 2022.
11 Signed tY¥is 10th
JANICE D.
Notary P e of Florida
14 Commission No. GG257764
Expires September 12, 2022
24
25
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March 10, 2022
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Page 33
CERTIFICATE OF REPORTER
STATE OF FLORIDA )
ss.
COUNTY OF ORANGE )
I, JANICE D. JONES, RPR, CLR, certify that I
was authorized to and did stenographically remotely
report VIA ZOOM the deposition of DR. WILLIAM VON
BARGEN, Pages 1 through 32; that a review of the
transcript was not requested; and that the transcript
is a true and complete record of my stenographic notes.
I further certify that I am not a relative,
employee, attorney or counsel of any of the parties,
nor am I a relative or employee of any of the parties'
attorneys or counsel connected with the action, nor am
I financially interested in the action.
Dated this 10th day of April 2022.
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
Exhibits
Exhibit 001 Von
Bargen
3:12 24:8
$
$13,098.59
22:13
1
24:8
10
4:8
10:02
4:1,3
10:27
22:24
10:28
23:24
10:32
25:12
10:40
31:16,21
1998
6:18
1999
6:21
ist
7:24 26:7
2003
6:22,25 7:1,7
2004
7:1
2006
7:8
2020
7:24 8:24
2022
4:8
29th
8:24 26:6
90
15:16 28:7,8,
10
a.m.
4:1,3 22:24
23:25 31:16,
21
ability
19:18
absolutely
15:9
absorber
12:4,5
accident.
9:15,16 11:2
26:3,5
acetaminophen
27:24
activities
15:22 23:15
addition
15:19
administrative
22:10 25:1,25
affect
19:10
affirm
4:20
affirmed
5:2
African
29:5
age
19:9,14,17,20
ages
19:5
ahead
9:17
ailments
29:8
American
29:5
amount
11:3
anatomical
14:13
anatomically
13:24
announce
4:11
annular
13:5
annulus
12:18, 20
anterior
11:24
appearances
4:12
appeared
20:16
appears
27:25
area
6:20
areas
8:12
arm
20:5 27:14
assignment
24:15,19,21
association
4:9
attach
22:19 24:2
30:18
attaches
10:19
attorney
25:23,24
attorneys
25:4,18
authenticity
22:21 23:9,11
automobile
8:23
bachelor
6:17
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(888) 811-3408William Bargen
March 10, 2022
back
5:22 9:10
10:24,25
12:13 17:14,
24 18:2,3,7,
22 19:1 23:2,
23,24 25:9,11
27:13 28:17
29:9
backwards
13:12
ball
16:15,19,21
ball-and-socket
16:16
band
28:9
Bargen
4:5 5:1,9,10,
18,22, 23
23:22 24:1
30:1
base
10:13
based
8:21 11:8
basically
13:4 14:18
bear
25:1
Beaty
20:23
began
4:1 6:19 29:4
behalf
4:14,16 5:11
belt
9:8 12:22
13:1,2,4
belted
12:21
benefits
24:15,19,21
big
12:8
bilateral
27:13
Bill
4:14 5:10,14
billed
22:7
bills
30:18
binding
25:24
bit
11:17 19:2
blah
23:15
blend
6:4
board
7:17
bone
10:1
bones
11:21 12:2
boom
13:5
bother
22:2
brain
17:18, 21
21:12,21,22
break
23:24
breaks
12:17
brunt
12:6
bubbles
13:3
bubbling
13:6
built
6:12
c3-4
11:7 19:23
called
12:17 25:16
calls
18:24
candidate
10:7
car
12:6
care
5:13 6:1 22:8
26:17 31:17
carpal
20:18,21 21:3
case
10:6,15 12:13
13:6,8 24:14
caused
9:16
cement
8:23
Centers
25:4,18
Central
6:16
certifications
7:14
certified
5:3 7:18
cervical
11:20 19:4,9
cetera
12:11 23:8
25:20,21
charges
22:14
chase
17:19
chief
8:13
clear
14:25 21:1
clinical
9:1 10:17
Clip
28:10
collision
8:24 9:2 19:7
27:12
combination
29:3
combined
7:3
combines
7:4
comparisons
27:2
complaining
27:5,12,16,17
complaint
8:13
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
complaints
18:16
complete
15:13,25
16:1,24
compliant
28:19
component
14:9,20
compressed
20:21
concerned
20:8
concluded
31:21
Concrete
4:6
condition
16:10 30:12
conditions
29:8,13
conducted
23:15
conduction
20:25
confirmed
20:24
connection
25:9
copy
24:2 31:3,4,6
cord
12:8,9 13:13
20:10,14
correct
18:9 26:8
28:18
counsel
4:11 31:3
counts
7:4
couple
14:5 20:3
21:12 29:21
court
4:12 17:6
covered
21:14
COvVID
28:22
CROSS—
EXAMINATION
24:9
cT
10:2
cuff
14:7,10,12,
14,17,20
curious
23:5
custodians
22:20
cut
17:18 23:3
date
26:4
day
12:25
day-to-day
15:22
days
5:16 26:2
deal
15:5
December
6:18
decreased
13:25 15:24
degree
6:16 19:8,17
21:8
demonstrate
29:2
depending
8:16
depends
16:15
deposition
4:4,7 24:3
31:20
Derr
4:16 5:14,20
17:5,9 21:18,
20,24 23:3,
10,17 24:4,10
25:15 26:1
29:19,25
30:3,15
31:10,14
describe
11:9 12:20
detailed
9:24
details
8:4
determine
8:8 9:15 10:6
determines
8:17
diagnose
29:16
diagnosis
8:14
diagnostic
9:22
difference
10:14
differently
18:8
difficult
27:10
difficulty
15:20
direct
5:4 25:3,17
Direction
25:17
directly
25:4
disc
11:7,9 12:3,
15,17 13:7,19
19:10,14,19,
22 20:9,13
discs
12:19 19:4
discussion
25:10 31:18
distribution
20:20
Doc
18:11 31:17
doctor
4:18 5:25 6:8
20:1 21:22
24:11 26:19
30:17
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
doctor's
26:17, 20
document.
25:2
documents
24:7
domain
15:5
double-check
14:24
drove
12:25
due
19:19
duly
5:2
easier
7:22 11:18
27:7 29:10,12
easily
28:11
east
6:24
education
6:14
elderly
29:5
EMG
20:25
EMR
27:7
end
17:20 21:6
22:6
entering
27:5
entire
16:21
ER
6:8,11
essentially
11:20 13:19
14:18 18:19
evaluate
10:4 14:22
event
21:15
evidence
13:9,13
exacerbation
30:10,11
exam
8:12 15:24
EXAMINATION
5:4 29:23
examine
13:21
excise
17:13
exhibit
24:2,8
expected
11:2
experience
11:8 16:5
19:3,22
explain
8:4
explaining
13:20
explode
12:24
facing
11:25
fact
21:21
factor
9:3
Fair
5:20
fall
12:4
family
5:25 6:1 7:2,
17,18
felt
20:24
file
24:2 25:2
30:18
find
13:23 17:20
20:13 30:18
findings
15:25
fine
18:11 23:12
finger
20:19
finished
7:2
fits
10:22 11:1
flip
19:17
Florida
6:16,20,24
7:12 25:19
focused
8:12
follow
8:7 11:18
follow-up
30:14
follow-ups
29:21
foot
27:13
force
10:23 11:3
12:15
form
21:18 29:25
30:3
Fort
6:20
fortunate
13:15
fortunately
13:8,11
forward
10:25 12:14
found
19:4
front
9:10 10:24
11:24
full
15:13,15
28:5,11
function
9:21 12:11
14:13
functionally
15:19
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(888) 811-3408William Bargen
March 10, 2022
future
13:16
gave
27:23
general
6:25 19:15
24:17 26:18
generally
30:9
generator
19:24
give
4:21 6:13
8:22 22:11
25:9 27:21
God
4:23
good
4:18 9:22
10:1,2 21:23
23:17 30:19,
25
graduated
6:18,21,22
great
27:7
gross
10:14
guess
7:8 9:16
25:14
guys
6:10 31:3
Hall
4:14 5:5,10,
16,21 17:4,
11,16 21:19,
23 22:1,4,17,
25 23:5,12,
18,21 24:1
25:8 29:19,
21,24 30:13,
15,17,25
31:4,5,8,12,
17
Hall's
26:15
hand
4:19
happen
21:15
happened
8:11
head
9:11 10:25
headrest.
9:13
hear
14:7 25:6,7
held
4:7
hereinafter
5:2
herniate
12:16
herniated
11:7 20:9,13
herniation
11:10 12:16
13:20 19:22
high
29:5
history
8:10,23 9:2
15:23
hit
9:7,11,13
13:12
home
29:2
Hospital
6:24
housekeeping
22:5
hydrocodone
27:24
idea
20:7
identification
24:8
identified
29:14
impinging
20:9,13,14
including
7:6
index
20:19
individual
8:21
infraspinatus
14:6 15:14
initial
8:6
initially
29:25 30:4
injured
6:9
injuries
6:2,3,11 9:16
10:3 14:8
19:15
injury
6:6 8:16,17
10:22,23 11:2
13:16 15:19
17:18,21
19:10,14,19
21:10,13,21,
22 25:4,18
28:4
internship
6:23,25 7:4,6
involve
8:19,20
involved
14:20
issue
19:1 20:17
25:9
issues
18:5
a
Jacqueline
4:6,15 5:11
7:20
Janice
4:9
John
4:16 17:12
22:17 30:14
31:12
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
Jones
4:9
judgment
24:22
July
7:1,7,8,24
jump
9:17 12:4
June
8:24 26:6
jury
8:2
kind
6:7 8:11 9:8,
12,14 16:12
19:16 24:15
27:21
knowledge
26:25
Kyle
4:8
lack
17:6
Lauderdale
6:20
layman's
18:19, 23
lead
22:3
leading
21:24
left
13:21,24 14:3
20:5,19 21:4,
7 22:22 25:14
27:5,13,14
leg
18:24
LEGAL
4:2 22:23
23:1,19,23
25:6,11 31:2,
6,15
lends
6:7
letter
24:15,18
25:22 30:6
licensed
7:11
lift
15:21
lifts
14:18
ligament
13:5
ligaments
9:25 12:18
limitations
28:23
listed
15:15
LLC
4:6,17 25:19
long
27:4
long-winded
13:20
longer
6:9
looked
10:16
lot
6:2,4,10
9:23,25 10:3
14:7 15:21
18:14 29:2
low
17:24 18:2
lower
18:3 27:13
lumbar
11:19
Madam
17:6
made
23:7
make
8:13 14:21
19:13,18
23:13
makes
11:17
March
4:8
marked
24:7
matter
4:5 21:21
24:12
means
11:9 18:19
mechanism
8:17 9:14
10:22
med
7:9
median
20:20,21
medical
6:14,19 19:8,
18 21:8 22:21
23:9,11 29:8,
13
medications
27:21
medicine
6:1 7:11
mentioned
29:25
microbiology
6:18
middle
20:19 29:4
minimal
28:3
misstates
21:25
mistaken
18:8
Mix
426,17
model
11:13 20:11
molecular
6:17
moment
22:11
month
6:24
morning
4:18
www.phippsreporting.com
(888) 811-3408William Bargen
March 10, 2022
motion
14:1 15:24
motions
14:17
motor
12:11
movement
14:19
MRI
9:21,22 10:18
11:6 14:2,5
15:13,25
26:23
MRIS.
8:20 9:18
10:8 26:23,24
muscle
9:25 27:23
nature
20:9,15
necessarily
8:15
neck
18:16 19:1
21:10 27:12
28:17
nerve
13:9,10
18:20,22
20:10,14,17,
20,21,25
nerves
12:9
nice
12:3
nonradicular
18:6,7
North
25:19
nose
11:24
notes
18:13 20:1
notice
5:16
Nova
6:19
Number
24:8
numbness
18:21
Object
21:18
obtains
24:23
Occasionally
10:12
occurrence
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Offhand
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office
24:16 26:15
28:4
opiate
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opinion
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21:9
opportunity
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opposed
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order
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ordered
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orthopedic
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16:3,17
osteopathic
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pain
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11:23 16:19
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28:6
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7:20 8:18,21
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6:11 11:14
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24:22 25:4,
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15:16 28:7,8,
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13:15 16:10
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physician
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portion
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possibility
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possibly
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posterior
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postgraduate
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18:15 21:22
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24:13,17
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30:12
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11:4 15:7
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21:25 26:22,
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19:9,18 21:9
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13:7 20:2
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19:19
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13:23 14:22
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4:21
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4:1 31:21
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19:3
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7:3
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13:17
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24:16,18
25:22 30:6
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8:7,15,16
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22:10 25:2
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28:8
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13:9,10
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17:14 21:24
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5:12 21:6,12
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29:23
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11:6 17:17,24
20:4 27:2,16
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27:1 30:3
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14:6
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30:5
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14:21 15:8,11
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March 10, 2022
14:25 15:1
26:15
referring
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refresh
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regard
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25:4,18
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6:3,6
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10:9,11
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15:3 16:9,23
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16:7
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10:16 11:6
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22:20 24:21
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10:18
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13:16 29:5
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12:8
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14:15,16,18
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14:7,9,12,14,
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28:9
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6:13
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10:18
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27:11
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6:19 7:9
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18:23,25
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7:23
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12:11
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24:22 25:5,19
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15:22 28:4
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12:3,5
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15:13 20:10
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10:19
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26:3
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9:10,12 19:17
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24:14 25:23
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30:1,4
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9:1 10:18
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15:18
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16:12
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5:6 17:8 24:5
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10:20
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11:21
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4:6,17
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Soma
27:23
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12:14,23 18:1
21:4 24:25
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March 10, 2022
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sounds
14:15 16:12
Southeastern
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speak
16:18,21
SPECIALIST
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12:8,9 13:13
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12:4
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14:7
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26:23
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6:10,21,23
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5:6 23:20
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21:20
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12:21,22
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4:9,18,25
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8:14 10:5
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22:21 23:8,10
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9:7
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8:11
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10:16
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17:5 24:13
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21:1
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22:18 23:6
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19:23 21:10
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25:5,19
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12:10
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14:6 15:17
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14:22 15:8,11
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10:4 15:3,4
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10:7,18
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19:10
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19:15
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16:20
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4:13,20
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10:19
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5:18
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5:2
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18:21
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20:18,22 21:4
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12:6
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17:11
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21:7
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28:5
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11:4
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15:13,15 16:1
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7:5
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28:25
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9:8 11:3
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13:25 15:24
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15:14,17 16:1
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9:25 14:11
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14:7 18:17
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8:8 18:19,23
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5:3
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4:20 21:25
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8:20 28:1,3,
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28:24
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15:13,15,16
28:6,11
thing
12:3 13:17
28:10
things
6:4 9:23 20:3
22:6
Thompson
15:2
thought
5:14 15:10
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(888) 811-3408William Bargen
March 10, 2022
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three-year
7:5
thrown
10:25 12:13
thumb
20:19 27:9
time
4:3. 19:7 20:8
23:7 24:5
29:9 30:13
tingling
18:21 20:4,18
27:14
tire
12:20,21,22
13:2,3,6
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12:24
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9:25
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14:23,24
today
22:7 29:14
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9:22 10:3
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18:22
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6:14 7:10
11:9
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30:21
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30:21
tread
12:23
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27:19 29:12,
16
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5:13 9:3
17:20 22:8
truck
8:23
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20:12
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12:8
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4:21,22
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28:7
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20:18,22 21:4
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16:18
type
5:23 11:1
17:3 18:20
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6:2
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10:11 11:14
U
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6:13,15 7:9
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29:6 30:2
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16:16,20
24:20
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8:22 10:17
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6:16,20
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6:1
Vv
vehicle
10:24
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4:6
vertebrae
12:2
video
4:2,4 22:23
23:1,19,23
25:6,11 31:2,
3,4,6,7,15
view
26:23
visit
8:6
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4:5 5:1,9,10,
18,22,23
23:22 24:1
30:1
waive
30:23,24
waived
31:20
wanted
18:14 23:13
warranted
16:2
weaken
19:4
West
5:15,18
whiplash
10:22 12:13
whipped
10:25
William
4:5 5:1,9
window
9:12
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21:25
witness's
17:5
worded
24:24
work
8:18
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16:6
works
12:5
worried
9:13
worsen
13:17
worsening
30:11
written
8:2
wrong
18:9 21:19
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Filing # 150979609 E-Filed 06/07/2022 10:06:11 AM Jacqueline Smith vs. Smyrna Ready Mix Concrete, L.L.C. Deposition of: William Bargen March 10, 2022 Vol O1 PHIPPS REPORTING Raising the Bar!William Bargen March 10, 2022 IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT IN AND FOR GADSDEN COUNTY, FLORIDA CASE NO: 2021-000005-CAA JACQUELINE LOUISE SMITH Plaintiff, vs. SMYRNA READY MIX CONCRETE, LLC, a Foreign Corporation Defendant. VIDEOTAPED DEPOSITION OF DR. WILLIAM VON BARGEN VIA ZOOM VIDEOCONFERENCE PAGES 1 - 33 Thursday, March 10, 2022 10:02 a.m. —- 10:40 a.m. STENOGRAPHICALLY REPORTED REMOTELY BY: Janice Jones, RPR, CLR JOB NUMBER: 235224 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 1 2 24 25 APPEARANCES: (ALL APPEARANCES VIA ZOOM) ON BEHALF OF THE PLAINTIFF: LAW OFFICE OF WILLIAM D. HALL 917 North Monroe Street Tallahassee, Florida 32303-6142 BY: WILLIAM D. HALL, ESQUIRE 850-222-6677 bill@youbettercallhall.com ON BEHALF OF THE DEFENDANT: QUINTAIROS, PRIETO WOOD & BOYER, 227 North Bronough Street Suite 7400 Tallahassee, Florida 32301-1334 BY: JOHN DERR, ESQUIRE 850-412-1042 jderr@qpwblaw.com ALSO PRESENT: KYLE SHERIDAN LEGAL VIDEO SPECIALIST P.A. Page 2 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 24 25 INDEX Testimony of DR. WILLIAM VON BARGEN Direct Examination By Mr. Hall Cross-Examination By Mr. Derr Redirect Examination By Mr. Hall Certificate of Oath Certificate of Reporter EXHIBITS Exhibit 1 Medical File Jacqueline Smith 32 33 PAGE 24 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Co AYA D WO B WH F Doe @ HY DH HT BF Ww NY BE (The followin Page 4 g proceedings began at 10:02 a.m.) LEGAL VIDEO SPECIALIST: We are now on the record, and the time is 10:02 a.m. This i Dr. William Von Ba Jacqueline Smith v his d March 10, 2022. T the stenographer i with Phipps Report Will c appearances for th reporter will swea MR. HA Jacqueline Smith. MR. DE Smyrna Ready Mix, THE ST s the video recorded deposition of rgen taken in the matter of ersus Smyrna Ready Mix Concrete, LLC. eposition is being held remotely on he videographer is Kyle Sheridan, and s Janice Jones, both in association ing. ounsel please announce their e record after which the court r in the witness? LL: Bill Hall here on behalf of RR: John Derr here on behalf of LLC. ENOGRAPHER: Doctor, good morning again. Will you raise your right hand, please? Do you you will give int swear or affirm that the testimony his proceeding will be the truth, the whole truth, and nothing but the truth, so help you God? THE WITNESS: I do. THE STENOGRAPHER: Thank you. www .-phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 5 1 DR. WILLIAM VON BARGEN, 2 having been first duly sworn or affirmed as hereinafter 3 certified, testified as follows: 4 DIRECT EXAMINATION 5 BY MR. HALL: 6 Q Will you state your name please, sir? 7 A Me? 8 Q Yes. 9 A Yes, William Von Bargen. 10 Q Dr. Von Bargen, my name is Bill Hall. I'm 11 here on behalf of Jacqueline Smith. 12 I have some questions to ask you about your 13. care and treatment of Ms. Smith over the last -- 14 MR. DERR: I'm sorry. Bill, I thought we 15 were here for Ms. West. 16 MR. HALL: Two days ago, I sent a notice to 17 the other -- to you and all your people saying that 18 Dr. Von Bargen hadn't seen Ms. West, so I'm switching 19 this to Ms. Smith. 20 MR. DERR: Fair enough. 21 BY MR. HALL: 22 Q Dr. Von Bargen -- back to where we were, 23 Dr. Von Bargen, would you tell me what type of practice 24 you have? 25 A Well, I'm a family practice doctor, and I www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 6 do everything from family medicine to urgent care; and I do a lot of different types of injuries and rehabilitation of those injuries, so it's sort of a blend of a lot of different things. 1 2 3 4 5 Over the years, I have gotten into the 6 injury and rehabilitation part of it through -- I'm an 7 osteopathic physician, so it kind of lends towards 8 that. And I was an ER doctor for quite some years 9 until I was injured and could not do that any longer. 10 So the guys started referring me a lot of 11 different patients with various injuries from the ER, 12 and it has sort of built from there. 13 Q Give us the rundown on your undergraduate 14 and medical education and training. 15 A Sure. Sure. So I did my undergraduate 16 degree at University of Central Florida here in 17. Orlando, and I got my bachelor in science in molecular 18 microbiology. I graduated in 1998, December of 1998. 19 I began medical school at Nova Southeastern 20 University in the Fort Lauderdale area in Florida. 21 I graduated -- I started in summer of 1999, 22 graduated in four years in the spring of 2003. 23 From there, I started my internship about a 24 month after that at Florida Hospital in east Orlando. 25 It's a general internship. That was from 2003 -- from www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 7 July 2003 through July 2004. Once I finished that, I started a family practice residency. It was a combined program, so it combines the internship -- it counts as your first year of residency, so, technically, I did a three-year 1 2 3 4 5 6 residency, including the internship year. So that 7 would have been, again, from 2003, July 2003, and that 8 would have been through July of, I guess, 2006. 9 That is my undergraduate, med school and 0 postgraduate training. 11 Q Are you licensed to practice medicine in 12. Florida? 3 A I am. 14 Q Do you have any certifications? 5 A I do. 16 Q What are they? 7 A Well, family practice. I'm a board 8 certified family practice physician. 19 Q Do you have, like, when you first saw 20 Jacqueline Smith as a patient? 21 A Offhand, I do not. I do have the records 22 here. It would be easier if I do it this way. It will 23 take about 30 seconds. 24 It looks like it was July lst of 2020. 25 Q We have your records to review, and I don't www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 8 like to just go through records and read what you have written down. So the jury can see those. What I am going to do is just pick out a few details and have you explain to us, and we will go from there. When you have an initial visit with a -- with Ms. Smith, what sort of the protocol do you follow in terms of trying to determine what you can do for 1 2 3 4 5 6 7 8 9 her? 0 A You know, it's a history and physical 1 first, so you kind of get the story of what happened. 2 Ido a physical exam, focused on those areas which have 3 chief complaint, and from there, you know, try to make 4 a diagnosis. I mean, that is the next step. 5 So is that a protocol, not necessarily a 6 protocol, but depending on the injury and, you know, 7 mechanism of the injury determines what or how I will 8 work the patient up. 9 So that may involve x-rays; it may involve 20 MRIs; it may involve just doing therapy. It's all 21 based upon that individual patient. 22 Q Understood. Did Ms. Smith give you a 23 history of being in an automobile and cement truck 24 collision on June 29th of 2020? 25 A Yes, she did. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 9 Q Is there any clinical significance to her history? This being a rear-end collision, does that factor into your treatment at all? A Yes. Yes, of course. Q Okay. In what respect? A Well, I mean, the -- well, first of all, she was stopped. She was hit from behind, and she had her seat belt on. So, you know, it kind of tells you how she is going to -- I mean, she is going to be going from front to back as opposed to side to side. You know, she didn't hit her head on the side window. So, you know, you are kind of not so worried about that. Maybe she hit it on the headrest. You know, it just kind of -- the mechanism of the accident will help determine, you know, the most Dn oO FB WYN FPF Do oO IA DH HO FF W ND BF likely injuries caused by the accident, I guess. 17 Q With that, let me jump ahead for a second. 18 Did you order MRIs on Ms. Smith? 9 A I did. 20 Q And, you know, probably everybody knows 21 this, but tell us the function of an MRI. 22 A The MRI is a diagnostic tool. It's good at 23 seeing a lot of things, you know, much better than an 24 x-ray. For the most part, it's just very detailed, see 25 a lot of soft tissue, muscle, tendons, ligaments, even www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 10 bone. It's actually really good looking at bone. Maybe not quite as good as a CT, but it's a really good tool to screen for a lot of injuries and, you know, to evaluate pre- -- you know, need for surgery or what the next step would be. In her case, it was useful to determine whether or not she would be a surgical candidate. Q When you did the -- had the MRIs ordered, do you then review the scans yourself, or do you rely on the radiologist? A No. I typically rely on the radiologist. Occasionally, I will look at the scans, but I don't really base much upon my looking at the scans, unless there is just a gross difference. In her case, I did not look at the scans. I just strictly looked at a report. Q Understood. What would be the clinical significance of a result in the surgical MRI scan showing that she has swelling where the spine attaches to the skull? A Well, that would indicate she most likely had a whiplash injury, and it fits with the mechanism of injury being rear-ended. And the force is going to be from the back of the vehicle to the front, so your head gets thrown forward and whipped back. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 © OY HD UO BW NH HB Page 11 So it's -- it definitely fits the type of accident. It's the expected injury that you would have, and it also tells you about the amount of force that was present. It wasn't just a little tap to cause that in my opinion. Q There is a reference in the MRI report to a herniated disc at C3-4. Tell us, based on your experience and training, what that means. Describe for us what a disc is and what a herniation is. A Sure. So am I being recorded or -- Q Yes. A I can -- you want -- I have a model that I typically use to show the patients. Would you like me to use that or -- Q Certainly, if you can get it -- A Sure. Sure. It just makes it a little bit easier so -- for you to follow. So right here we have -- this is the lumbar spine, but the cervical spine is essentially the same, just the bones are smaller. So here, if you are looking at it from the posterior or the rear part -- here, this is the anterior portion or the front, so your nose would be facing that way. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Co AYA D WO B WH F Doe @ HY DH HT BF Ww NY BE Page 12 These, you know, would go that way. These are the bones or the vertebrae. Okay. So this here, this red thing is the disc, and that is a nice shock absorber, spongy. You jump up and down, you fall, hopefully, it works just like a shock absorber in a car, and it takes the brunt of it. Now, if you will look behind this, you have the spinal cord. So this is the big root or trunk here, and then off of the spinal cord, you have nerves, which are the -- this supplies everything from sensation to motor function, et cetera. So, unfortunately, when somebody has whiplash or in her case, you are thrown, you know, back and forward sort of like this. And sometimes there is too much force, and what it causes -- the disc will actually herniate. And that is a herniation. So you can see the disc actually breaks through what is called the annulus. So the ligaments that go around the discs, that I actually would -- the best way to describe the annulus, if you look at, like, a tire -—- you know, you have a tire. Right? So -- steel belted tire. It's like a steel belt around there, and that sort of keeps everything -- the tread together. And if we didn't have that, our tires would explode as we drove each day. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Co © © HN WD HO FB WH FP De OD AY DH HO BF WN KB mS NY N YH N ND ao fF W bY F&F Page 13 Well, when that steel belt splits -- if you have ever seen a steel belt split on your tire -- you will see little bubbles in the tire. Well, basically, your steel belt splits here or your annular ligament splits and boom. There is your bubbling in your tire or in this case your disc. That's -- obviously is a problem. Now, in her case, fortunately, there was no evidence that it was pushing on the nerve. You see how it's pushing on the nerve there? It wasn't doing that, fortunately. Sometimes it can even go backwards and hit the spinal cord like this. No evidence of that, either. So, you know, with that regard we were fortunate, but there is still, you know, that permanent injury. And it's a risk -- risk in the future. That thing is going to worsen, progress. You know, that is definitely a possibility. So that is essentially what a disc herniation is in my long-winded way of explaining it. Q Okay. Did you examine her left shoulder? A Yes, I did. Q Did you find that she had any problems with her left shoulder anatomically? A Yes. She had some tenderness, decreased www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 wo oO IT DH UH FSF W ND FE Dh MY YN NN FP BP BP BP BP Be Be oe ao 8 WOW Ne F DD © © I DH oO F&F W DY FF OG Page 14 range of motion. Q And did you refer her for an MRI of the left shoulder? A I did. Q In that MRI there were a couple of references to the supraspinatus and the infraspinatus. We hear the term rotator cuff a lot with sports injuries. Are these component parts of the rotator cuff? A Yes. They are two of the four tendons of the rotator cuff, yes. Q What is the anatomical function of the rotator cuff? A Just like it sounds, rotates the shoulder, really. It rotates, like this, like this. You know, all these motions, that is all rotator cuff and so it essentially, lifts, rotates -- it's basically every movement that you do with your shoulder, you have some component of rotator cuff involved in it. Q Did you make a referral for Ms. Smith to an orthopedic surgeon to evaluate her shoulder problems? A I believe I did refer her to TOC. Let me just double-check. I know she saw TOC. I'm just not clear if I had referred her or possibly she was www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Oo oO 1 DH UH FF W DN EF RB o 11 Page 15 referred through someone else. Yes, I did refer her. Q Dr. Thompson performed a shoulder replacement surgery on Ms. Smith -- and I'm not going to ask you about that surgery, because that is, you know, his domain. He can deal with that. What I want to ask, though, is do all shoulder sur- -- shoulder problems that present to you require referral to an orthopedic surgeon? A No. No, absolutely not. Q What was the reason that you thought this was an appropriate referral to an orthopedic surgeon? A Well, several reasons: One, obviously, the MRI showed a full thickness tear, so a complete tear of, I believe, the infraspinatus tendon, and actually a near full thickness tear -- it was listed as a partial thickness, I believe, 90 percent -- of the supraspinatus tendon. So that is significant, a significant injury, and in addition to that, functionally, she was having difficulty using her shoulder. I mean, she really couldn't lift it up; she couldn't do a lot of day-to-day activities; and then the severity of pain. So, you know, the history, with the pain, the exam was the decreased range of motion, tenderness, and then the findings on the MRI she had a complete www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 16 tear of one tendon and a near complete tear of another. So it definitely warranted a referral to an orthopedic surgeon. Out of the scope of my practice, for sure. Q In your experience and practice, have you worked with other patients who have had shoulder replacements? A Yes. Q Is a shoulder replacement such as the one that Ms. Smith had a permanent condition? A Yes. Q And when we -- it sounds kind of silly to ask, but what is it that is actually replaced in the shoulder? A It depends. It's the ball -- it's a ball-and-socket, and the best to my understanding -- I'm not an orthopedic surgeon, so I really don't want to speak out of turn -—- but it is -- it can be a part -- a part -- a portion of the ball, to my understanding, or possibly I even would suspect the entire ball. But, again, I don't want to speak out of, you know, the scope of my practice. I just know they do a shoulder replacement, and it can be partial or complete. Q Got it. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Dn oOo FP WN FPF DOD O© OD HN DD BB WwW NY HB YN NO SO NY NY NO fF LF FH u F&F OW NHN F O 6 @O A Page 17 A But I have never -- I have never -- I have never done a surgery or participated in a surgery of that type. MR. HALL: Okay. MR. DERR: Strike the witness's answer for lack of predicate. Did you get that, Madam Court Reporter? THE STENOGRAPHER: Yes, sir, I did. MR. DERR: Thank you. T. HE STENOGRAPHER: You're welcome. MR. HALL: Yeah. We will talk about that, John, because I think there is clearly at least a portion of it that we can excise. I probably shouldn't have asked the question. I will go back to where I was. BY MR. HALL: Q Okay. With -- you have a reference in your records to a potential brain injury. Let me cut to the chase on that. Did you find at the end of your treatment that any potential brain injury for Ms. Smith had resolved? A Yes. Q There is a reference to her having low back pain. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Oo © KY HO UV F W DN KB DN MN NY YN NY NY FB B&B BF FP BE Be Be FP BP eB a 8B WN FPF DOD © oO TI D oO F Ww DY F OO Page 18 What sort of the problems did she present with with her low back? A I believe just lower back pain. Q What did -- was -- do you recollect whether there were any radicular issues there, or was it nonradicular? A I believe it was nonradicular in the back, if I'm not mistaken -- if you see it differently -- and correct me if I'm wrong. Q No. No. I mean, whatever you recollect is fine, Doc. A Yeah. Q I'm just going through my notes, because we have gone through a lot of what I wanted to ask you. A I believe there is some potential radicular complaints more related to the neck. Q When we use the term "radicular," what does that mean? A It means essentially in layman's terms a pinched nerve. So you have some -- maybe some type of symptom whether it's pain, numbness, tingling, something that can be traced back to a nerve. The sciatica would be the layman's terms, if you are looking at the leg. Everybody calls that sciatica. Well, it's just a radiculopathy. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 ow ot Dn oO F Ww DN BF DN N NN ND FP BP RP BPE BE RP Be oe Oo 8 WN Ff OC © OI HA GD B WN EE OO Page 19 Q Let me go back to the issue with the neck for a little bit. In your professional experience, have you found that discs in the cervical spine will weaken as a person ages? A Yes. Q At the time of this collision, Ms. Smith was 67, and within a reasonable degree of medical probability, would the age of her cervical spine have any affect on her susceptibility to a disc injury? A Yes. Q And what would that be? A Well, in my opinion, it would make her more likely to have a disc injury. Again, as we age, we are more susceptible to injuries in general. Q And let me ask you this: Kind of on the flip side, given her age within a reasonable degree of medical probability, would it make her ability to recover from a disc injury more problematic due to her age? A Yes. Q In your experience, can a disc herniation such as the one Ms. Smith suffered, C3-4, be a pain generator? A Yes. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Co AYA DD oO B WH F Dwe wow IY WH HW F Ww DY BR Page 20 Q I'm just going through my notes, Doctor. A Yeah, no problem. Q I have a couple of things -- oh, there was a reference in your record at one point to tingling in the left arm. What would be the cause of that? A Well, I mean, now I have a better idea, but at the time, I was concerned that it was radicular in nature; that there was a herniated disc impinging the spinal cord or the nerve like I showed you on the model. Now, that did not pan out to be true. We did find a herniated disc, but it was not impinging a nerve; it was not impinging the spinal cord, so it didn't appear to be spinal in nature. It appeared most likely that it was going to be more of a peripheral nerve issue. So, like, carpal tunnel syndrome, she had some tingling in her left thumb, index finger and middle finger, which follows the distribution of the median nerve. And the median nerve is the nerve that is compressed in carpal tunnel syndrome. She was sent over to Dr. Beaty, who confirmed that -- he also felt that that was the cause, and he had recommended an EMG, a nerve conduction www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 21 study. But I'm not clear as to whether or not that was done. I don't have that it was in my records. I know she has had surgery for the carpal tunnel syndrome, but that is sort of where that left Q Let me go to the end of my questions. We talked about the left shoulder already. 1 2 3 4 5 off. 6 7 8 9 Within a reasonable degree of medical probability, do you have an opinion as to whether the 10 neck injury suffered by Ms. Smith is permanent? 11 A Yes, I do. It is permanent. 12 Q Just a couple of questions on the brain 13° injury. Again, from which -- you know, you have 14 covered. 15 How would that happen in an event like 16 this? 17 A Well -- 18 MR. DERR: Object to form. 19 MR. HALL: Okay. What is wrong with it? 20 MR. DERR: You asked -- you stated that 21 there was a brain injury as a matter of fact when the 22 doctor said that t 23 MR. HA 24 MR. DE Ly R’ here was a potential brain injury. L: Good point. R: The question is also leading and 25 misstates the witness' prior testimony. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 ory n wo FF WwW MY FF Page 22 MR. HALL: Got it. Okay. Do I want to bother you with that? Let me think. No. All that does is lead us somewhere I don't need to go. BY MR. HALL: Q All right. Let's go to the housekeeping things at the end. As of today, how much have you billed Ms. Smith for your care and treatment? A Let me see. I'm just trying to get into the administrative questions, but I think I can pull that up if you give me a moment. Q Sure. A It looks like -- yes, $13,098.59. Q And do you believe those charges to be reasonable and necessary? A Yes. MR. HALL: John, let me ask you this: I can go through the stuff on his records, which I'm going to attach. Are we required to use records custodians here, or can we stipulate to authenticity on medical records? He left. LEGAL VIDEO SPECIALIST: I will take us off record. We are going off record at 10:27 a.m. MR. HALL: He doesn't like my question. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 oY Dn oO B® WY FP OD wo @ ND oD B® WY B Page 23 LEGAL VIDEO SPECIALIST: Let me just take us back on then. MR. DERR: Yeah. Sorry. I got cut off somehow. MR. HALL: No. I was just curious. I mean, you know, I can do the stuff about, you know, were these made at the time of occurrence and et cetera, et cetera, or are we going to stipulate to the authenticity of medical records? MR. DERR: I think we can stipulate to the authenticity of medical records, don't you? MR. HALL: Oh, yeah. No, I'm fine with that. I just wanted to make sure, I mean, instead of going through that, you know, kept in the course of regularly conducted activities, blah, blah, blah. Okay. MR. DERR: No, we're good. MR. HALL: Okay. Thank you. LEGAL VIDEO SPECIALIST: Can I just state -- BY MR. HALL: Q Dr. Von Bargen -- LEGAL VIDEO SPECIALIST: -- we are back from the break, and we are back on the record at 10:28 a.m.? www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Db YN N NN NF FE EF BP BP BP BP RP RP ua £® WwW NY fF OF © DO© It BOD OW F Ww NY F DOD © DO HA DH SF WwW HY FF Page 24 MR. HALL: Dr. Von Bargen, I will have you attach a copy of your file as an exhibit to the deposition, and I have no further questions. And I know Mr. Derr will have some. I appreciate your time, sir. THE WITNESS: Okay. (Thereupon, the documents were marked as Exhibit Number 1 for identification.) CROSS-EXAMINATION BY MR. DERR: Q I do have a few, Doctor. Let me ask you, first of all, as a matter of practice -- well, strike that. In this case, did you have the patient sign any kind of assignment of benefits or letter of protection with your office? A General practice, we do. Let me -- we usually have a letter of protection. This is an assignment of benefits. Q And is it your understanding of that assignment of benefits that the patient is required to pay you out of any settlement or judgment that the patient obtains? A Let me look how it is worded. You know, I'm not -- sort of out of my -- we are in the www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 1 2 3 4 5 6 7 8 9 0 1 2 3 4 5 6 7 8 9 20 21 22 23 24 25 Page 25 administrative part again, so bear with me. Let me just pull up her file, that document. Yes. It does say, "I hereby direct my attorneys directly to pay Injury and Rehab Centers the sum of any settlement or recovery" -- yes, it does. LEGAL VIDEO SPECIALIST: Can you hear me? Hello. Can you hear me? MR. HALL: It looks like there is a connection issue. Give him a second to get back. (Discussion off the record.) LEGAL VIDEO SPECIALIST: We are back on the record at 10:32. THE WITNESS: So you want me to answer that question, I guess, where we left off? MR. DERR: Please. A Okay. So I look here -- it's called a Direction to Pay and it says, "I hereby direct my attorneys of record to pay Injury and Rehab Centers of North Florida, LLC, the sum from any settlement of" recoverable -- "recovery I may receive," et cetera, et cetera. It's not really a letter of protection. The attorney does not have to sign it, so I don't know how binding it is, but again, I'm not an attorney. I don't really do the administrative part too much. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 1 2 3 4 5 6 7 8 9 10 1 12 3 14 5 16 17 Page 26 BY MR. DERR: Q Sure. So you saw Ms. Smith, what, two days [sic] after the accident? A Can you refresh me on the date of the accident? Q I think it was the 29th of June, and you saw her on September lst. A Yeah, correct. That -- that would be right. Q Had you seen her before that? A No. Q Do you know how she came to you? A Yes. Q How? A Mr. Hall's office referred her to us. Q And did you -- do you know whether she was under a doctor's care before she came to you? A I believe she was, just a general practice doctor. Q Did you get that doctor's records? A I do not believe I did, no. Q So you don't have any prior or do you know whether Standup MRI had any prior MRIs to view before they did their MRIs? A To my knowledge, they did not, but I did www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 NY DOD UO PB WH FP Doe oO HY WH HW F WY FB No OS NS NY NY NY fF ao 6 WwW Nn F oO WO @ Page 27 not see where they had referenced -- I'm just saying because he didn't reference any comparisons that I recall in the records. That is just my recollection. Q Do you know how long Ms. Smith had been complaining of left shoulder pain prior to entering your practice? A This EMR is great. It's so much easier than having to look through these -- I did this once before, and I had to thumb through all of these papers. And it was difficult. This is the way to go. Ms. Smith -- so it says at the scene of the collision Ms. Smith was complaining of neck pain, bilateral shoulder pain, lower back pain, left foot pain and tingling in the left arm. That's -- I have that -- that is when she was complaining of it. I do not reference that she was complaining of it before then. Q Okay. Thank you. Did you treat her for any -- well, strike that. What kind of medications did you give her, if any? A I gave her Soma, which is a muscle relaxant, hydrocodone with acetaminophen, which is an opiate, and that appears to be it. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 ao PB W NY FP OD © @ YN BD UV FF Ww ND FB 17 23 24 25 Page 28 Q Did you order any type of physical therapy for her? A I did -- we did minimal physical therapy in the office, just because of the severity of the injury. We are talking about the shoulder, you know, a full thickness tear and a partial thickness tear of 90 percent. I really didn't want to be tugging or pulling on that 90 percent tear. I mean, it's almost like a rubber band. Clip it 90 percent and you pull on it, that thing could become a full thickness very easily. Again, out of the scope of my practice. Other than that, I believe we did some therapy on her, but let me look at the records here. Yes, it looks like we did some therapy. Q So that would have been for -- presumably for the back and neck? A Correct. Yes. Q Was she compliant with the therapy? A Yes. Q Do you know -- A I'm sorry. This was also during COVID, so there were some limitations there. I mean, it was right in the thick of it. Some of this, we were doing the telemedicine, as well. So we would actually do www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 ody WD VO FB WY EB Page 29 just like we are here, and we would go over it; and I would have her demonstrate. So a lot of it was home therapy, as well. So it was a combination. When it began, it was right in the middle of the pandemic. She is elderly, African American, very high risk. Q Sure. I understand. So do you know whether she had any other physical ailments or medical conditions, other than the back and shoulder, prior to the time she saw you? A Let me see if it would be easier for me to look in here. Q Or if it's easier, did you treat her for any other medical conditions or physical conditions, other than the ones you have identified today? A No, I did not. Q Didn't -- didn't diagnose any, didn't treat any? A Not to my recollection. MR. DERR: That is all I have. Mr. Hall might have some more. MR. HALL: No, just a couple of follow-ups. Thank you. REDIRECT EXAMINATION BY MR. HALL: Q The form that Mr. Derr mentioned initially, www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 RB oo Oo SN DTD Oe WwW YS RB Oo YD HW B Ww NY FB is that something that I signed, Dr. Von Bargen? bese ®° A I'm sorry. I couldn't quite understand. Q The form that Mr. Derr referenced initially, was that something that I signed? A That was when he was referencing a possible letter of protection? Q Yes. A No. No, you did not sign that. Q Tell us just generally what is an exacerbation, in your practice. A Exacerbation is a worsening of a preexisting condition. MR. HALL: Okay. Appreciate your time, sir. John, do you want to follow-up on anything? MR. DERR: No, thank you, Mr. Hall. I do not. MR. HALL: Okay. I have got -- Doctor, we will attach your file, find out what your bills are —- you are good to go. Do you -- you have the opportunity to read the transcript. t will be transcribed. Do you want to read, or do you want to waive reading? THE WITNESS: No, I can waive. MR. HALL: Good. Okay. We're done. Thank www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 31 1 you. Thank you all so much. 2 LEGAL VIDEO SPECIALIST: Just before you 3 go, Counsel, do you guys need a copy of the video? 4 Mr. Hall, do you need a copy of the video? 5 MR. HALL: I'm sorry. What? 6 LEGAL VIDEO SPECIALIST: Do you need a copy 7 of the video? 8 MR. HALL: Oh, of course. Yes. Yes. I 9 appreciate it. Thank you. 0 MR. DERR: And I would like it, as well. 1 Thank you. 2 MR. HALL Okay. See you later, John. 3 Thanks again. 4 MR. DERR: You, too. 5 LEGAL VIDEO SPECIALIST: If there is 6 nothing else, we are going off the record at 10:40 a.m. 7 MR. HALL: Thanks, Doc. Take care. 8 (Discussion off the record.) 9 (Thereupon, the reading and signing of this 20 deposition was waived.) 21 (The proceedings concluded at 10:40 a.m.) 22 23 24 25 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Page 32 1 CERTIFICATE OF OATH 2 3 STATE OF FLORIDA ) 4 COUNTY OF ORANGE ) 5 6 I, JANICE D. JONES, certify that DR. WILLIAM 7 VON BARGEN appeared remotely before me VIA ZOOM and was 8 duly sworn on this 10th day of March 2022. 11 Signed tY¥is 10th JANICE D. Notary P e of Florida 14 Commission No. GG257764 Expires September 12, 2022 24 25 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 18 19 20 21 22 23 24 25 Page 33 CERTIFICATE OF REPORTER STATE OF FLORIDA ) ss. COUNTY OF ORANGE ) I, JANICE D. JONES, RPR, CLR, certify that I was authorized to and did stenographically remotely report VIA ZOOM the deposition of DR. WILLIAM VON BARGEN, Pages 1 through 32; that a review of the transcript was not requested; and that the transcript is a true and complete record of my stenographic notes. I further certify that I am not a relative, employee, attorney or counsel of any of the parties, nor am I a relative or employee of any of the parties' attorneys or counsel connected with the action, nor am I financially interested in the action. Dated this 10th day of April 2022. www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Exhibits Exhibit 001 Von Bargen 3:12 24:8 $ $13,098.59 22:13 1 24:8 10 4:8 10:02 4:1,3 10:27 22:24 10:28 23:24 10:32 25:12 10:40 31:16,21 1998 6:18 1999 6:21 ist 7:24 26:7 2003 6:22,25 7:1,7 2004 7:1 2006 7:8 2020 7:24 8:24 2022 4:8 29th 8:24 26:6 90 15:16 28:7,8, 10 a.m. 4:1,3 22:24 23:25 31:16, 21 ability 19:18 absolutely 15:9 absorber 12:4,5 accident. 9:15,16 11:2 26:3,5 acetaminophen 27:24 activities 15:22 23:15 addition 15:19 administrative 22:10 25:1,25 affect 19:10 affirm 4:20 affirmed 5:2 African 29:5 age 19:9,14,17,20 ages 19:5 ahead 9:17 ailments 29:8 American 29:5 amount 11:3 anatomical 14:13 anatomically 13:24 announce 4:11 annular 13:5 annulus 12:18, 20 anterior 11:24 appearances 4:12 appeared 20:16 appears 27:25 area 6:20 areas 8:12 arm 20:5 27:14 assignment 24:15,19,21 association 4:9 attach 22:19 24:2 30:18 attaches 10:19 attorney 25:23,24 attorneys 25:4,18 authenticity 22:21 23:9,11 automobile 8:23 bachelor 6:17 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 back 5:22 9:10 10:24,25 12:13 17:14, 24 18:2,3,7, 22 19:1 23:2, 23,24 25:9,11 27:13 28:17 29:9 backwards 13:12 ball 16:15,19,21 ball-and-socket 16:16 band 28:9 Bargen 4:5 5:1,9,10, 18,22, 23 23:22 24:1 30:1 base 10:13 based 8:21 11:8 basically 13:4 14:18 bear 25:1 Beaty 20:23 began 4:1 6:19 29:4 behalf 4:14,16 5:11 belt 9:8 12:22 13:1,2,4 belted 12:21 benefits 24:15,19,21 big 12:8 bilateral 27:13 Bill 4:14 5:10,14 billed 22:7 bills 30:18 binding 25:24 bit 11:17 19:2 blah 23:15 blend 6:4 board 7:17 bone 10:1 bones 11:21 12:2 boom 13:5 bother 22:2 brain 17:18, 21 21:12,21,22 break 23:24 breaks 12:17 brunt 12:6 bubbles 13:3 bubbling 13:6 built 6:12 c3-4 11:7 19:23 called 12:17 25:16 calls 18:24 candidate 10:7 car 12:6 care 5:13 6:1 22:8 26:17 31:17 carpal 20:18,21 21:3 case 10:6,15 12:13 13:6,8 24:14 caused 9:16 cement 8:23 Centers 25:4,18 Central 6:16 certifications 7:14 certified 5:3 7:18 cervical 11:20 19:4,9 cetera 12:11 23:8 25:20,21 charges 22:14 chase 17:19 chief 8:13 clear 14:25 21:1 clinical 9:1 10:17 Clip 28:10 collision 8:24 9:2 19:7 27:12 combination 29:3 combined 7:3 combines 7:4 comparisons 27:2 complaining 27:5,12,16,17 complaint 8:13 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 complaints 18:16 complete 15:13,25 16:1,24 compliant 28:19 component 14:9,20 compressed 20:21 concerned 20:8 concluded 31:21 Concrete 4:6 condition 16:10 30:12 conditions 29:8,13 conducted 23:15 conduction 20:25 confirmed 20:24 connection 25:9 copy 24:2 31:3,4,6 cord 12:8,9 13:13 20:10,14 correct 18:9 26:8 28:18 counsel 4:11 31:3 counts 7:4 couple 14:5 20:3 21:12 29:21 court 4:12 17:6 covered 21:14 COvVID 28:22 CROSS— EXAMINATION 24:9 cT 10:2 cuff 14:7,10,12, 14,17,20 curious 23:5 custodians 22:20 cut 17:18 23:3 date 26:4 day 12:25 day-to-day 15:22 days 5:16 26:2 deal 15:5 December 6:18 decreased 13:25 15:24 degree 6:16 19:8,17 21:8 demonstrate 29:2 depending 8:16 depends 16:15 deposition 4:4,7 24:3 31:20 Derr 4:16 5:14,20 17:5,9 21:18, 20,24 23:3, 10,17 24:4,10 25:15 26:1 29:19,25 30:3,15 31:10,14 describe 11:9 12:20 detailed 9:24 details 8:4 determine 8:8 9:15 10:6 determines 8:17 diagnose 29:16 diagnosis 8:14 diagnostic 9:22 difference 10:14 differently 18:8 difficult 27:10 difficulty 15:20 direct 5:4 25:3,17 Direction 25:17 directly 25:4 disc 11:7,9 12:3, 15,17 13:7,19 19:10,14,19, 22 20:9,13 discs 12:19 19:4 discussion 25:10 31:18 distribution 20:20 Doc 18:11 31:17 doctor 4:18 5:25 6:8 20:1 21:22 24:11 26:19 30:17 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 doctor's 26:17, 20 document. 25:2 documents 24:7 domain 15:5 double-check 14:24 drove 12:25 due 19:19 duly 5:2 easier 7:22 11:18 27:7 29:10,12 easily 28:11 east 6:24 education 6:14 elderly 29:5 EMG 20:25 EMR 27:7 end 17:20 21:6 22:6 entering 27:5 entire 16:21 ER 6:8,11 essentially 11:20 13:19 14:18 18:19 evaluate 10:4 14:22 event 21:15 evidence 13:9,13 exacerbation 30:10,11 exam 8:12 15:24 EXAMINATION 5:4 29:23 examine 13:21 excise 17:13 exhibit 24:2,8 expected 11:2 experience 11:8 16:5 19:3,22 explain 8:4 explaining 13:20 explode 12:24 facing 11:25 fact 21:21 factor 9:3 Fair 5:20 fall 12:4 family 5:25 6:1 7:2, 17,18 felt 20:24 file 24:2 25:2 30:18 find 13:23 17:20 20:13 30:18 findings 15:25 fine 18:11 23:12 finger 20:19 finished 7:2 fits 10:22 11:1 flip 19:17 Florida 6:16,20,24 7:12 25:19 focused 8:12 follow 8:7 11:18 follow-up 30:14 follow-ups 29:21 foot 27:13 force 10:23 11:3 12:15 form 21:18 29:25 30:3 Fort 6:20 fortunate 13:15 fortunately 13:8,11 forward 10:25 12:14 found 19:4 front 9:10 10:24 11:24 full 15:13,15 28:5,11 function 9:21 12:11 14:13 functionally 15:19 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 future 13:16 gave 27:23 general 6:25 19:15 24:17 26:18 generally 30:9 generator 19:24 give 4:21 6:13 8:22 22:11 25:9 27:21 God 4:23 good 4:18 9:22 10:1,2 21:23 23:17 30:19, 25 graduated 6:18,21,22 great 27:7 gross 10:14 guess 7:8 9:16 25:14 guys 6:10 31:3 Hall 4:14 5:5,10, 16,21 17:4, 11,16 21:19, 23 22:1,4,17, 25 23:5,12, 18,21 24:1 25:8 29:19, 21,24 30:13, 15,17,25 31:4,5,8,12, 17 Hall's 26:15 hand 4:19 happen 21:15 happened 8:11 head 9:11 10:25 headrest. 9:13 hear 14:7 25:6,7 held 4:7 hereinafter 5:2 herniate 12:16 herniated 11:7 20:9,13 herniation 11:10 12:16 13:20 19:22 high 29:5 history 8:10,23 9:2 15:23 hit 9:7,11,13 13:12 home 29:2 Hospital 6:24 housekeeping 22:5 hydrocodone 27:24 idea 20:7 identification 24:8 identified 29:14 impinging 20:9,13,14 including 7:6 index 20:19 individual 8:21 infraspinatus 14:6 15:14 initial 8:6 initially 29:25 30:4 injured 6:9 injuries 6:2,3,11 9:16 10:3 14:8 19:15 injury 6:6 8:16,17 10:22,23 11:2 13:16 15:19 17:18,21 19:10,14,19 21:10,13,21, 22 25:4,18 28:4 internship 6:23,25 7:4,6 involve 8:19,20 involved 14:20 issue 19:1 20:17 25:9 issues 18:5 a Jacqueline 4:6,15 5:11 7:20 Janice 4:9 John 4:16 17:12 22:17 30:14 31:12 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 Jones 4:9 judgment 24:22 July 7:1,7,8,24 jump 9:17 12:4 June 8:24 26:6 jury 8:2 kind 6:7 8:11 9:8, 12,14 16:12 19:16 24:15 27:21 knowledge 26:25 Kyle 4:8 lack 17:6 Lauderdale 6:20 layman's 18:19, 23 lead 22:3 leading 21:24 left 13:21,24 14:3 20:5,19 21:4, 7 22:22 25:14 27:5,13,14 leg 18:24 LEGAL 4:2 22:23 23:1,19,23 25:6,11 31:2, 6,15 lends 6:7 letter 24:15,18 25:22 30:6 licensed 7:11 lift 15:21 lifts 14:18 ligament 13:5 ligaments 9:25 12:18 limitations 28:23 listed 15:15 LLC 4:6,17 25:19 long 27:4 long-winded 13:20 longer 6:9 looked 10:16 lot 6:2,4,10 9:23,25 10:3 14:7 15:21 18:14 29:2 low 17:24 18:2 lower 18:3 27:13 lumbar 11:19 Madam 17:6 made 23:7 make 8:13 14:21 19:13,18 23:13 makes 11:17 March 4:8 marked 24:7 matter 4:5 21:21 24:12 means 11:9 18:19 mechanism 8:17 9:14 10:22 med 7:9 median 20:20,21 medical 6:14,19 19:8, 18 21:8 22:21 23:9,11 29:8, 13 medications 27:21 medicine 6:1 7:11 mentioned 29:25 microbiology 6:18 middle 20:19 29:4 minimal 28:3 misstates 21:25 mistaken 18:8 Mix 426,17 model 11:13 20:11 molecular 6:17 moment 22:11 month 6:24 morning 4:18 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 motion 14:1 15:24 motions 14:17 motor 12:11 movement 14:19 MRI 9:21,22 10:18 11:6 14:2,5 15:13,25 26:23 MRIS. 8:20 9:18 10:8 26:23,24 muscle 9:25 27:23 nature 20:9,15 necessarily 8:15 neck 18:16 19:1 21:10 27:12 28:17 nerve 13:9,10 18:20,22 20:10,14,17, 20,21,25 nerves 12:9 nice 12:3 nonradicular 18:6,7 North 25:19 nose 11:24 notes 18:13 20:1 notice 5:16 Nova 6:19 Number 24:8 numbness 18:21 Object 21:18 obtains 24:23 Occasionally 10:12 occurrence 23:7 Offhand 7:21 office 24:16 26:15 28:4 opiate 27:25 opinion 11:5 19:13 21:9 opportunity 30:20 opposed 9:10 order 9:18 28:1 ordered 10:8 Orlando 6:17,24 orthopedic 14:22 15:8,11 16:3,17 osteopathic 6:7 pain 15:22,23 17:25 18:3,21 19:23 27:5, 12,13,14 pan 20:12 pandemic 29:4 papers 27:9 part 6:6 9:24 11:23 16:19 25:1,25 partial 15:15 16:24 28:6 participated 17:2 parts 14:9 patient 7:20 8:18,21 24:14,21,23 patients 6:11 11:14 16:6 pay 24:22 25:4, 17,18 people 5:17 percent 15:16 28:7,8, 10 performed 15:2 peripheral 20:17 permanent 13:15 16:10 21:10,11 person 19:5 Phipps 4:10 physical 8:10,12 28:1, 3 29:8,13 physician 6:7 7:18 pick 8:3 pinched 18:20 point 20:4 21:23 portion 11:24 16:19 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 17:13 possibility 13:18 possibly 14:25 16:20 posterior 11:23 postgraduate 7:10 potential 17:18, 21 18:15 21:22 practice 5:23,25 7:3, 11,17,18 16:3,5,22 24:13,17 26:18 27:6 28:12 30:10 pre- 10:4 predicate 17:6 preexisting 30:12 present 11:4 15:7 18:1 prior 21:25 26:22, 23 27:5 29:9 probability 19:9,18 21:9 problem 13:7 20:2 problematic 19:19 problems 13:23 14:22 15:7 18:1 proceeding 4:21 proceedings 4:1 31:21 professional 19:3 program 7:3 progress 13:17 protection 24:16,18 25:22 30:6 protocol 8:7,15,16 pull 22:10 25:2 28:10 pulling 28:8 pushing 13:9,10 Q question 17:14 21:24 22:25 25:14 questions 5:12 21:6,12 22:10 24:3 R radicular 18:5,15,17 20:8 radiculopathy 18:25 radiologist 10:10,11 raise 4:19 range 14:1 15:24 read 8:1 30:20,22 reading 30:23 31:19 Ready 4:6,17 rear 11:23 rear-end 9:2 rear-ended 10:23 reason 15:10 reasonable 19:8,17 21:8 22:15 reasons 15:12 recall 27:3 receive 25:20 recollect 18:4,10 recollection 27:3 29:18 recommended 20:25 record 4:3,12 20:4 22:24 23:24 25:10,12,18 31:16,18 recorded 4:4 11:11 records 7:21,25 8:1 17:18 21:2 22:18,20,22 23:9,11 26:20 27:3 28:14 recover 19:19 recoverable 25:20 recovery 25:5,20 red 12:3 REDIRECT 29:23 refer 14:2,23 15:1 reference 11:6 17:17,24 20:4 27:2,16 referenced 27:1 30:3 references 14:6 referencing 30:5 referral 14:21 15:8,11 16:2 referred www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 14:25 15:1 26:15 referring 6:10 refresh 26:4 regard 13:14 regularly 23:15 Rehab 25:4,18 rehabilitation 6:3,6 related 18:16 relaxant 27:24 rely 10:9,11 remotely 4:7 replaced 16:13 replacement 15:3 16:9,23 replacements 16:7 report 10:16 11:6 reporter 4:13 17:7 Reporting 4:10 require 15:8 required 22:20 24:21 residency 7:3,5,6 resolved 17:22 respect 9:5 result 10:18 review 7:25 10:9 risk 13:16 29:5 root 12:8 rotates 14:15,16,18 rotator 14:7,9,12,14, 17,20 rubber 28:9 rundown 6:13 scan 10:18 scans 10:9,12,13,15 scene 27:11 school 6:19 7:9 sciatica 18:23,25 science 6:17 scope 16:3,22 28:12 screen 10:3 seat 9:8 seconds 7:23 sensation 12:11 September 26:7 settlement 24:22 25:5,19 severity 15:22 28:4 Sheridan 4:8 shock 12:3,5 shoulder 13:21,24 14:3,15,19,22 15:2,7,20 16:6,9,14,23 21:7 27:5,13 28:5 29:9 show 11:14 showed 15:13 20:10 showing 10:19 sic 26:3 side 9:10,12 19:17 sign 24:14 25:23 30:8 signed 30:1,4 significance 9:1 10:18 significant 15:18 signing 31:19 silly 16:12 sir 5:6 17:8 24:5 30:14 skull 10:20 smaller 11:21 Smith 4:6,15 5:11, 13,19 7:20 8:7,22 9:18 14:21 15:3 16:10 17:21 19:7,23 21:10 22:8 26:2 27:4,11,12 Smyrna 4:6,17 soft 9:25 Soma 27:23 sort 6:3,12 8:7 12:14,23 18:1 21:4 24:25 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 10 sounds 14:15 16:12 Southeastern 6:19 speak 16:18,21 SPECIALIST 4:2 22:23 23:1,19,23 25:6,11 31:2, 6,15 spinal 12:8,9 13:13 20:10,14,15 spine 10:19 11:20 19:4,9 split 13:2 splits 13:1,4,5 spongy 12:4 sports 14:7 spring 6:22 Standup 26:23 started 6:10,21,23 7:22 state 5:6 23:20 stated 21:20 steel 12:21,22 13:1,2,4 stenographer 4:9,18,25 17:8,10 step 8:14 10:5 stipulate 22:21 23:8,10 stopped 9:7 story 8:11 strictly 10:16 strike 17:5 24:13 27:19 study 21:1 stuff 22:18 23:6 suffered 19:23 21:10 sum 25:5,19 summer 6:21 supplies 12:10 supraspinatus 14:6 15:17 sur 15:7 surgeon 14:22 15:8,11 16:3,17 surgery 10:4 15:3,4 17:2 21:3 surgical 10:7,18 susceptibility 19:10 susceptible 19:15 suspect 16:20 swear 4:13,20 swelling 10:19 switching 5:18 sworn 5:2 symptom 18:21 syndrome 20:18,22 21:4 takes 12:6 talk 17:11 talked 21:7 talking 28:5 tap 11:4 tear 15:13,15 16:1 28:6,8 technically 7:5 telemedicine 28:25 tells 9:8 11:3 tenderness 13:25 15:24 tendon 15:14,17 16:1 tendons 9:25 14:11 term 14:7 18:17 terms 8:8 18:19,23 testified 5:3 testimony 4:20 21:25 therapy 8:20 28:1,3, 14,15,19 29:3 thick 28:24 thickness 15:13,15,16 28:6,11 thing 12:3 13:17 28:10 things 6:4 9:23 20:3 22:6 Thompson 15:2 thought 5:14 15:10 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 11 three-year 7:5 thrown 10:25 12:13 thumb 20:19 27:9 time 4:3. 19:7 20:8 23:7 24:5 29:9 30:13 tingling 18:21 20:4,18 27:14 tire 12:20,21,22 13:2,3,6 tires 12:24 tissue 9:25 Toc 14:23,24 today 22:7 29:14 tool 9:22 10:3 traced 18:22 training 6:14 7:10 11:9 transcribed 30:21 transcript 30:21 tread 12:23 treat 27:19 29:12, 16 treatment 5:13 9:3 17:20 22:8 truck 8:23 true 20:12 trunk 12:8 truth 4:21,22 tugging 28:7 tunnel 20:18,22 21:4 turn 16:18 type 5:23 11:1 17:3 18:20 28:1 types 6:2 typically 10:11 11:14 U undergraduate 6:13,15 7:9 understand 29:6 30:2 understanding 16:16,20 24:20 Understood 8:22 10:17 University 6:16,20 urgent 6:1 Vv vehicle 10:24 versus 4:6 vertebrae 12:2 video 4:2,4 22:23 23:1,19,23 25:6,11 31:2, 3,4,6,7,15 view 26:23 visit 8:6 Von 4:5 5:1,9,10, 18,22,23 23:22 24:1 30:1 waive 30:23,24 waived 31:20 wanted 18:14 23:13 warranted 16:2 weaken 19:4 West 5:15,18 whiplash 10:22 12:13 whipped 10:25 William 4:5 5:1,9 window 9:12 witness' 21:25 witness's 17:5 worded 24:24 work 8:18 worked 16:6 works 12:5 worried 9:13 worsen 13:17 worsening 30:11 written 8:2 wrong 18:9 21:19 www.phippsreporting.com (888) 811-3408William Bargen March 10, 2022 12 www.phippsreporting.com (888) 811-3408