Motion for Expert Witness List in Soo Ja Park v. New York City Transit Authority| Trellis.Law

On May 21, 2018 a Party Notice was filed involving a dispute between Soo Ja Park, and New York City Transit Authority, for Tort-Motor Vehicle in the District Court of Queens County.

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FILED: QUEENS COUNTY CLERK 09/10/2022 05:19 PM INDEX NO. 707885/2018
NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 09/10/2022

NYT11090
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-------------------------------------------------------------------X
SOO JA PARK,
Index No.: 707885/2018
Plaintiff(s),
NOTICE OF EXPERT WITNESS
-against- DISCLOSURE AS TO
DR. KAMRAN TABADDOR, M.D.

NEW YORK CITY TRANSIT AUTHORITY,

Defendant(s).
---------------------------------------------------------------X

PLEASE TAKE NOTICE that, the defendant(s), NEW YORK CITY TRANSIT

AUTHORITY, by their attorneys, ARMIENTI, DeBELLIS & RHODEN, LLP, as and for their

expert witness diclosure pursuant to CPLR §3101(d), hereby reserves their right to call the

following witness to testify at trial on their behalf:

Dr. Kamran Tabaddor, M.D.
4256-5 Bronx Blvd
Bronx, NY 10466

1. Dr. Kamran Tabaddor, M.D., is a Diplomate of the American Board of Nuerological

Surgery, and duly licensed physician to practice medicine in the State of New York. A copy of Dr.

Tabaddor’s Curriculum Vitae is attached hereto as and made a part hereof. Dr. Tabaddor will testify

regarding his independent medical examination of the plaintiff, SOO JA PARK performed on May

23, 2022, as well as his interpretation and review of all medical records and bills of particulars and

will testify as to whether or not the plaintiff’s claimed injury has any objective or subjective basis.

He will also testify as to the nature and extent of the injuries, as determined by his examination and

review of records, all tests results’ available, information at the time of the exam, as well as the
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conversations with the plaintiff at the time of the examination. He will also testify as to whether or

not the claimed injuries have any objective or subjective basis, and he will also testify as to the

nature and extent of the injuries, the diagnosis and prognosis of the alleged injuries, if any, based

upon his examination and history as given by the plaintiff, if any, and whether or not the injuries

are causally related to the accident based upon his actual examination of the plaintiff, the plaintiff’s

history and the review of the available medical records and tests. Dr. Tabaddor will also opine and

testify regarding any further or future medical records received, at any time after his examination.

He will testify and opine regarding any testimony at trial and any other records obtained in the

future and produced at trial in the form of testimony, test results, the diagnostic exams or films.

2. Dr. Tabaddor will testify as to his neurological examination of plaintiff. He will

testify as to impressions and/or diagnosis of the injury and/or injuries alleged by the plaintiff. He

will also opine regarding his assessment of the plaintiff’s injuries, if any, as described to him and

noted in the examination. He will testify as to his findings and impressions as noted in his report. A

copy of his report is attached hereto and made apart hereof. He will also testify as to his impressions

and diagnosis regarding plaintiff’s present condition at the time of his examination and whether

there was any disability of any nature and whether the disability is related or unrelated to the

incident in question. He will also give his impressions as noted regarding any medical treatment,

past and future and give his prognosis and diagnosis as defined and noted in his report under the

impressions portion.

3. Dr. Tabaddor will testify at trial based upon his review of any and all medical

records provided as reviewed and noted in his report, as well as any other records he may have

reviewed. He will testify as to his independent examination including all observations and findings
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as noted in his report attached hereto. He will also base his opinion upon review of any and all

available records up to and including the time of trial which would include trial transcripts,

testimony, exhibits, medical records, surgical records, MRI reports, Ct-scans and other diagnostic

tests, as well as based upon the testimony of any experts who will also testify at trial regarding the

condition of the plaintiff, the plaintiff’s diagnosis and prognosis, and testimony of any other experts.

The grounds for Dr. Tabaddor’s opinions are also based upon his own training, knowledge and

background experience, as well as those opinions that are generally accepted regarding the expertise

in the field of neurology, neurological surgery, and any other experts in the field, as well.

PLEASE TAKE FURTHER NOTICE that the defendant(s), NEW YORK CITY

TRANSIT AUTHORITY, reserves their right to call other individuals as expert witnesses at trial. If

and when such other experts are selected, the defendant will provide the plaintiff with disclosure of

the identity and qualifications of each expert.

PLEASE TAKE FURTHER NOTICE that, the defendant(s), NEW YORK CITY

TRANSIT AUTHORITY, hereby reserves their right to augment, modify, supplement, change

and/or alter any of the aforesaid responses up through and including the time of trial.

Dated: New York, New York
September 10, 2022
_____________________________
CHRISTOPHER GRIMALDI, ESQ.

ARMIENTI, DeBELLIS, & RHODEN, LLP
Attorneys for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
39 Broadway, Suite 520
New York, New York 10006
(212) 809-7074

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NYSCEF DOC. NO. 165 RECEIVED NYSCEF: 09/10/2022

TO: PHILIP F. MENNA, ESQ.
Attorneys for Plaintiff(s)
SOO JA PARK
235 Mamaroneck Ave, Suite 300
White Plains, New York 10605
(914) 948-8490

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NYT11090
INDEX NO.: 707885/2018
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS

SOO JA PARK,

Plaintiff(s),

-against-

NEW YORK CITY TRANSIT AUTHORITY,

Defendant(s).

NOTICE OF EXPERT WITNESS DISCLOSURE AS TO
DR. KAMRAN TABADDOR, M.D.

ARMIENTI, DeBELLIS & RHODEN, LLP
Attorneys for Defendant(s)
NEW YORK CITY TRANSIT AUTHORITY
Office & P.O. Address
39 Broadway, Suite 520
New York, New York 10006-3034
(212) 809-7074

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FILED: QUEENS COUNTY Kamran CLERK Tabaddor,
09/10/2022 05:19 M.D.
PM INDEX NO. 707885/2018
NYSCEF DOC. NO. 165 4256-5 Bronx Boulevard
RECEIVED NYSCEF: 09/10/2022

Bronx, NY10466

Phone: 718-655-9111 Fax: 718-231-1522

May 23, 2022

JURIS SOLUTION
33 Queens Street,
Syosset, NY 11791

RE: Soo Ja Park
DOB: March 10, 1940
DOA: September 30, 2017
Claim #: BU2017-09300004-001

Juris Solution:

Per your request, Ms. Park was evaluated for independent medical neurosurgical examination

today in my office. She arrived on time and presented her photo ID for verification. She was
accompanied by her legal representative, Mr. Chris Boston and interpreter, Ms. Rose Ham. She
was also accompanied by her daughter and her nephew who provided some information. The
claimant apparently had a lefthemispheric cerebral stroke in April of 2021 following a left
carotid thrombosis. She has moderately recovered but is more depressed with cognitive decline
in recent months. She does not recall her prior medical information or other health information
unrelated to this accident. Most of her medical history was reconstructed by the medical reports
received earlier. .

HISTORY OF PRESENT ILLNESS: Ms. Park is an 82-year-old diabetic female who
sustained injuries to her head, neck and shoulder in a transit bus. Reportedly, she was trying to sit

when the bus suddenly moved and she lost her balance and fell on her side. She was taken to LU
Medical center and was treated for headache, neck pain and right shoulder pain. She was on
Eliquis at the time for A-fib for some time. Her CT scan of the brain was negative for any
traumatic intracranial pathology. According to the emergency room record of Northwell Health
on September 30, 2017, she complained of neck pain, headache and right shoulder pain. She
underwent CT scan of the head, which did not reveal any intracranial traumatic pathology. She
never lost consciousness and she was cooperative at the time. The CT scan of the cervical spine
demonstrated multiple level degenerative changes and evidence of prior surgical fusion and

internal fixation of C5 - C6. There was a of the superior endplate of the which
deformity C7,
was suggestive of osteophyte formation. She was then discharged home to be followed as an
outpatient.

The claimant was then evaluated by Dr. Stephanides who evaluated the claimant. He then
ordered MRI of the cervical spine and the right shoulder. Both of these studies were performed

in November 20 of 2017. The MRI of the cervical spine reported to show prior surgical fusion of

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Soo Ja Park

May 23, 2022

C5 - C6 degenerative disc disease at C3 - C4 and C4 - C5 and C5 - C7 and C7 - T1. Facet
at C6 - C7 and C7 - T1. There was a broad-based disc bulge at C3 - which
hypertrophy C4,
reached the spinal cord but did not cause any signal changes within the spinal cord. MRI of the

brain also similar to the CAT scan was normal without any evidence of intracranial traumatic
pathology.
. .

This claimant had prior auto accident as a passenger in 2007, sustained neck, and right shoulder
injury. She reportedly underwent right rotator cuff repair in 2008 and underwent anterior cervical

discectomy and intemal fixation and fusion in 2008. According to the claimant, she fully
recovered from those operations but adraitted that she was using cane for ambulation prior to the
bus accident.

Following the bus accident, the claimant received treatment by pain management and primary
care physician without much success in controlling her shoulder pain and she underwent

reoperation of her right shoulder by arthroscopic repair of the rotator cuff on April 17, 2018 by
Dr. Stefanides. She was also referred to Dr. Lattuga, spine orthopedist who recommended .
anterior cervical decompression and fusion with internal fixation from C3 to C5. This procedure
was performed in September 25, 2018. However, the claimant continued to complain of neck
pain and failed to responding to outpatient treatment by pain management. She then sought
second opinion from Dr. Patrick Reid and his evaluation determined that the new fusion of C3 to
C4 was unstable and suggested revision of the anterior fusion and additional posterior
stabilization with posterior lateral screw fixation of C3 to C6. The revision took place on March

18, 2019. The diagnostic studies prior to the revision surgery indicated retro listhesis of C3 over
C4 and C4 over C5 with protrusion of the instrumentation. Her pain reportedly improved after

surgery and she regained functional independence living at home with her husband without

needing any assistant

Presently she is depressed mildly confused with some difficulty with her speech and cognitive

function since her cerebral stroke in April of 2021. She walks with cane primarily for balance

using alternating hands.

PAST MEDICAL HISTORY: Diabetes, Hypertension, Afib. Also prior MVA causing neck
and right shoulder injury requiring surgical repair. She had a cerebral stroke in 202 L

REVIEW OF THE RECORDS: The following records were available to review prior to the
examination of this patient:

1. Verified Bill of Particulars Soo Ja Park against New York City Transit Authority Dated

08/05/2018 · o

2. Verified Supplement Bill of Particulars Soo Ja Park against New York City Transit

Authority Dated 04/09/2019

3. Visit Note at Columbia Dermatology Associates by Patrick Reid, MD (DOS 01/23/2019)
4. Operative Report at New York Presbyterian Hospital by Patrick Charles, M.D. (DOS

03/20/2019)
5. X- Cervical 2 Views Report at Colwnbia Doctors Pain Medicine- OLD
Ray Spine, by
Matthew Moy, MD (DOS 03/20/2019)

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Soo Ja Park

May 23, 2022

6. X- of C spine 2-3
Ray Views Portable Report at Columbia Hospital Doctors Pain
Medicine- OLD Matthew MD
by Moy, (DOS 03/20/2019)
7. Progress Notes by Neofitos Stefanides, MD (DOS

11/15/2017,11/29/2017,01/19/2018,04/04/2018,04/25/2018,10/25/2019,03/20/2020)
8. CT Cervical Spine atNorth Well Heath Hospital by Prasad Krishnakurup, M.D. (DOS

09/30/2017)
9. MRI of Rt. Shoulder w/o contrast at Main Street Radiology by Anthony Italiano, M.D.
(DOS 11/20/2017)
10. MRI Cervical Spine w/o contrast at Main Street Radiology by Ke Lin, M.D. (DOS

11/20/2017)
11. MRI of the Right Shoulder at All County Open MRI & Diagnostic Radiology by Richard

Rizzuti, M.D. (DOS 02/15/2018)
12. MRI of the Cervical Spine at All County Open MRI & Diagnostic Richard
Radiology by
Rizzuti, M.D. (DOS 02/29/2008)
13, Notice of Billing Exchange Index No. 707885/2018 Soo Ja Park against New York City
Transit Authority Dated 06/30/2020
14. Notice of Medical Exchange Index No. 707885/2018 Soo Ja Park against New York City
Transit Authority Dated 06/30/2020
15. CT Cervical Spine and CT of Brain at Long Island Jewish Medical Center by Prasad

Krishnakurup, M.D. (DOS 09/30/2017)
16. ED Provider Note at Long Island Jewish Hospital by Parish Ilya, M.D. (DOS 09/30/2017)
17. ED Adult Nurse Note at Long Island Jewish Hospital by Natkanlee, Cecilia, RN (DOS

09/30/2017)
18. Discharge Document at Long Island Jewish Center (DŒS 09/30/2017)
19. MRI of Cervical Spine w/o contrast at Main Street Radiology by Han Kim, M.D. (DOS

06/02/2018)
20. X- Chest 2 Views at Street
Ray Main Radiology by Jan Eubig, M.D. (DOS 04/09/2018)
21. Operation Summary at NYP Lower Manhattan by Sebastian Lattuga, M.D. (DOS

09/25/2018)
22. Post- Operative Evaluation at New
Notes York Spine Specialist by Sebastian Lattuga,
MD (DOS 10/03/2018)
23. Report of Operation at New York Surgery Center Queens by Neofitos Stefanides, M.D.
(DOS 04/17/2018)
24. Progress Notes at Columbia Dermatology Associates by Patrick Reid, M.D. (DOS

01/23/2019)
25. Operative Report at Columbia Dermatology Associates by Matthew Moy, M.D. (DOS

03/18/2019)
26. Progress Notes by Patrick Reid, M.D. (DOS 04/16/2019,05/28/2019,09/03/2019)
27. XR: Diagnostic Spine Scoliosis Series Erect by Department of Neurological Surgery by
Carrie Ruzal- M.D. (DOS
Shapiro, 01/23/2019)
28. MRI of Cervical Spine w/o Contrast at Department of Neurological Surgery by Angela

Lignelli, M.D. (DOS 02/06/2019)

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Soo Ja Park

May 23, 2022

29. CT Cervical Spine w/o Contrast at Department of Neurological Surgery by Angela

Lignelli, M.D. (DOS 02/06/2019)
30. X- of C Spine 2-3 Views Portable/ Portable Cervical Spine 2-3 Views Matthew
Ray by

May, M.D. (DOS 03/20/2019)
31. X- Ray: Cervical Spine 2 Views/ Diagnostic Cervical Spine 2 Views at Department of

Neurological Surgery by Matthew Moy, MD (DOS 03/20/2019)
32. XR: Diagnostic Spine Scoliosis Series Erect by Alexis Maddocks, M.D. (DOS

04/16/2019)
33. XR: Diagnostic Spine Scoliosis Series Erect Carrie Ruzal- M.D. (DOS
by Shapiro,

05/28/2019)
34. XR: Diagnostic Spine Scoliosis Series Erect Carrie Ruzal- M.D. (DOS
by Shapiro,

08/27/2019)
35. XR: Diagnostic Spine Scoliosis Series Erect at Department of Neurological Surgery by
Carrie Ruzal- M.D. (DOS
Shapiro, 01/23/2019)
36. MRI: Cervical Spine w/o Contrast at Department of Neurological Surgery by Angela

Lignelli, M.D. (DOS 02/06/2019)
37. CT: Cervical Spine w/o Contrast at Department of Neurological Surgery by Angela

Lignelli, M.D. (DOS 02/06/2019)

PHYSICAL EXAMINATION: On examination, she does not appear to be in acute pain and

was able to sit through 40 minutes of interview. She was speaking with very low volume and

responded to most question by "I don't remember". She moved in and out of chair very slowly
but without needing any assistance. Cognitive functions appeared mildly to moderately impaired.

Her speech and language were intact.

The range of motion in this examination was reflective of the subjective ability to perfoun the
requested movement. The values reported are the average of repeated determination of each
motion. The measurement was done using a hand held goniometer and compared with the
published guidelines for normative data by AMA 5th edition.

60/60° 25/25° 25/25°
The range of motion of lumbar spine was in flexion, in extension and in
70/70°
lateral flexion. Straight leg raise was in active range and 70/70 in passive range on both
sides.
30/50° 40/60°
The range of motion of the cervical spine is in flexion and in extension. Lateral
25/45° 30/80°
flexion is and lateral rotation is to both directions. There is a 2-inch well healed
scar of surgical incision over the anterior aspect of the right side of neck and 3-inch surgical scar
of posterior cervical incision. .

There is no weakness on manual testing of either upper or lower extremities except poor

conditioning of the proximal muscles of both upper and lower extremities. There is decreased
balance and she cannot walk tandem. She is able to walk on her toes and heels with some
difficulty. Sensory examination to pinprick touch and vibration shows decreased sensation on
. most area of her body but not reproducible ircrepeated examination. Deep tendon reflexes are

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So.0 Ja Park

May 23, 2022

trace in biceps and triceps bilaterally. In lower extremities, knee jerks and Ankle jerks are absent

on both sides. Plantar reflexes are flexor on both sides.

SUMMARY AND ASSESSMENT: This is an 82-year-old female with multiple comorbidities

including obesity, diabetes, hypertension and A-fib cardiac arrhythmia. She lost her balance

when the bus driver unexpectedly moved the bus before she had a chance to sit in her chair. She

apparently struck her head without loss of consciousness and complained of headache and

shoulder pain. She was transported to hospital where she was evaluated and released for
outpatient follow up. Her CT scan of the neck showed prior surgical decompression and fusion
of CS-C6. She also had prior history of right shoulder surgery after an earlier accident of 2007.
She then underwent another anterior cervical decompression and fusion of C3-C5 which did not
relieve the symptoms and she required another surgical revision and posterior fusion with
gradual irnprovement of the symptoms. .

Presently she does not appear to be in acute pain but seems slightly confused with poor memory
since her cerebral stroke in 2021. She moves slowly with poor balance but able to walk without
assistive device and her objective neurological examination is..essentially normal. Some of her
subjective findings such as poor balance and gait are most likely related to her recent stroke. Her

cervical degenerative disc disease was chronic without any evidence of acute traumatic

pathology and the indications for·her firstcervical surgery is poorly documented. She does not

presently require any additional surgical or interventional procedure and she is capable of

performing her activities of daily living.

I am duly licensed physician in the State of NY, and I hereby affirm that the contents of this
report are true to the best of my knowledge under penalty of perjury.

Kamran Tabaddor, MD . .
Clinical Professor of Neurological Surgery
Albert Einstein College of Medicine

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CURRICULUM VITAE

NM Kamran Tabaddor, M. D.
Clinical Professor of Neurosurgery

To retainthisexpert, please contact:

JurisSolutions Inc.

Ph:516-935-8747 Fx: 516-935-8748
Email:legalstaff@jurissolutions.com

EDUCATION: Tehran Medical School

Tehran, Iran 1960-67

MILITARY SERVICE: 1967-69

MEDICAL TRAINZNG:

INTERESHIP: Akron City Hospital
Akron, Ohio 1969-70

GENERAL SURGERY: Greater Baltimore
Medical Center 1971-72

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NEUROSURGICAL:
Assistant Resident The Johns Hopkins Hospital
Baltimore, Maryland 1970-71

Assistant Resident Albert Einstein College of Med.
Bronx, New York 1972-74

Chief Resident Albert Einstein College of Med.
Bronx, New York 1974-75

LICENSE: New York 116495 1973

BOARD CERTIFICATION: American Board of
Neurological Surgery 1979

Fellowship, American College
Of Surgeons 1981

ACADEMIC 4 TEACBING
APPOINTMENTS:

Chairman of Surgery
Our of Hospital 2005- 2008
Lady Mercy

Director of Surgical Services
Our Lady of Mercy Hospital 2002-2008

Clinical Professor of Neurosurgery
Albert Einstein college of Medicine
1990-present

Associate Professor, Neurosurgery
Neurosurgery, Albert Einstein
College of Medicine 1983-90

Assistant Professor, Neurosurgery
Albert Einstein College
Of Medicine 1979-83

Instructor, Neurosurgery
Albert Einstein College
Of Medicine 1976-78

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..._

Research Associate, Neurosurgery
Albert Einstein College
Of Medicine 1975-76

APPOINTMIDPES Director, Neurosurgery
Bronx Municipal
Hospital Center 1983-86

Deputy Director, Neurosurgery
Bronx Municipal
Hospital Center 1980-83

Montefiore Hospital
Medical Center 1976-Present

Hospital of the Albert Binstein
College of Medicine 1976-Present

Director Neurosurgery
Our Lady of Nercy
Medical Center 1986-2008

Mt. Vernon Hospital 1977-2007

Westchester Square
Hospital 1980-2007

St. Agnes Hospital 1996-2004

Lawrence Hospital 2009-Present

BOSPITAL 4 UNIVERSITY
COMMITTEES: Consultant, National Emergency
Medical Services 1978-81

Consultant, N.Y. Emergency
Medical Services 1979-82

Consultant, Health & Hospital
Corporation 1978-86

Director, Trauma Center
B.M.H.C. 1982-86

Member, AECOM Senate 1978-86

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Member Executive Board,
B.M.H.C. 1978-86

Chairman, Operating Room Committee
BMHC. 1980-86

Advisor, N.Y.S. Head Injury
Foundation 1983-86

Member, Committee on Appointments
And Promotions To Associate
Professor, AECOM 1983-85

Member, Medical Board Council, HMC
1988-98

NATIONAL COMMITTEES: Membership Committee, Congress
Neurological Surgeons 1983-85

Public Relations Committee, Congress
Neurological Surgeons 1983-85

Joint Committee of Trauma,
AANS & CNS 1984-2002

Editorial Board Member of
Report"
"Rehabilitation 1985-87

PROFESSIONAt, SOCIETIES: Bronx County Medical Society

Medical Society of the State of New York

Congress of Neurological Surgeons

New York State Neurosurgical Society

American Association of Neurological
Surgeons

Westchester County Medical Society

RESEARCH GRANTS: Co-Investigator, Feasibility Study for
"Establishment of a Comprehensive

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Central Nervous System Trauma
"
Center, #NO-1-NS72331, NIH 1971-81

Co-Principal Investigator "Establishment
Of a Comprehensive Central Nervous
System Center"
Trauma contract

Case Info

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Document Filed Date

September 10, 2022

Case Filing Date

May 21, 2018

County

Parties

COMERFORD, SEAN EDWARD Attorney for the Defendants
GJELAJ, NIKOLLA Attorney for the Plaintiff
GRIMALDI, CHRISTOPHER MICHAEL Attorney for the Defendant
LIEBMAN, BARRY BENJAMIN Attorney for the Plaintiff
MENNA, PHILIP FRANK Attorney for the Plaintiff
MULLANEY, PATRICK JUDE Attorney for the Plaintiff
New York City Transit Authority Defendant
RHODEN, HORACE OWEN KIRK Attorney for the Defendant
Soo Ja Park Plaintiff
THOMAS REAPE Attorney
KEVIN LILLIS Attorney
JOSEPH SANTIAGO Attorney
ILYA GORELIK Attorney
PHILIP ALBA Attorney
FUSAKO MENNA Attorney
KEVIN GILLIN Attorney
PHILIP FOGLIA Attorney
FERDINAND MENNA Attorney
CASEY MCARDLE Attorneys for Defendants
TIMOTHY JENNINGS Attorney
MICHAEL ARMIENTI Attorney
PHILIP MCGOVERN Attorneys for Plaintiffs
PHILIP LEE Attorney
DENNIS RING Attorney

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Party Notice: Soo Ja Park v. New York City Transit Authority

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