Preview
FILED: NEW YORK COUNTY CLERK 03/07/2019 02:20 PM INDEX NO. 652336/2018
NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 03/07/2019
Exhibit R
FILED: NEW YORK
UEENS COUNTY
COUNTY CLERK
CLERK 10 03/07/2019
20 s 2017
s s ~ 02:20
04:40 ~ s
P PM
INDEX
INDEX NO.
NO. 652336/2018
702978/2016
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 53
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/07/2019
10/20/2017
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
-- —--X
DESMOND GARRETT,
Index No. 702978/16E
Plaintiffs, NOTICE OF
EXPERT WITNESS
DISCLOSURE
PURSUANT TO
CPLR 3101(d)
-against-
SEROTA ROOSEVELT, LLC,, WESTERN BEEF
RETAIL, INC., and WESTERN BEEF PROPERTIES, INC.,
Defendants.
—-X
COUNSEL:
Defendants, SEROTA ROOSEVELT, LLC., WESTERN BEEF RETAIL, INC.,
(" Defendant"
and WESTERN BEEF PROPERTIES, INC., ), by their attorneys, the Law
Offices of Robert E. Brown, P.C., sets forth, upon information and belief as follows:
1. Defendants reserve the right to call Jay Eneman, M.D,, 718 Long Island
Avenue, Deer Park, New York 11729 as an expert witness at trial on this matter to testify
as to all aspects of Plaintiff DESMOND GARRETT's treatment and records in
coilii.ection with accident from which this actions arises, uicluding but not limited to his
background, medical training and expertise, the scope of the Plaintiff's treatment, and
will offer his opinions and conclusions derived therefrom. He will also testify as to the
records, documents, films and other materials reviewed, the history obtained, and will
offer his opinions as to the diagnosis, prognosis, ft~~>udi~g opinions and
conclusions, beyond the limits of the various reports including the general field of his
expertise.
2. See attached Curriculum Vitae for Dr. Eneman.
1
FILED: NEW YORK COUNTY CLERK 03/07/2019 02:20 INDEX
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702978/2016
FILED : QUEENS COUNTY CLERK 10/20/2017 04:40 PM| PM
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 53
14 RECEIVED
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3. See attached the Independent Orthopedic Examination report Dr.
by
Eneman.
The Plaintiffs herein reserve the right to amend the responses contained herein up
to and including the time of trial as and when any new and/or further information
becomes known.
Dated: Staten Island, New York
October 20, 2016
Law Offices of Robert E. Brown, P.C.
Robert E. Brown, Esq.
Attorneys for Defendants
465 Belfield Avenue, Suite F
Staten Island, New York 10312
(718) 979-9779
To:
HARRY I. KATZ, P.C.
Victoria L. Weinman
Attorneys for Plaintiff
61-25 Utopia Parkway
Fresh Meadows, New York 11365
(718) 463-3700
2
FILED
FILED: QUEENS
: NEW YORKCOUNTY
COUNTYCLERK
CLERK10/20/2017
03/07/201904:40
02:20PMJPM INDEX
INDEX NO.
NO . 652336/2018
702 978/ 2016
NYSCEF DOC.
NYSCEF DOC. NO. 14
NO. 53 RECEIVED NYSCEF: 03/07/2019
RECEIVED NYSCEF: 10/20/2017
JayW.Eneman,M.D.
. .
I191 ElinorRoad
Hewlett, New York 11557
516 374-1391
jwemdpe@gmail.com
Specialty
Orthopaedic Surgery
16 Sumner Place, Brooklyn New York 11206 718-336-9500
Board Certification
American Academy of Neurological & Orthopaedic Surgeons (October 1983)
Diplomat National Board of Medical Examiners (September 1977)
Medical Affiliation
2014 - Present Wyckoff Heights Medical Center, Brooklyn, New York
1980 - 2013 Long Beach Medical Center, Long Beach, New York
Active StafT. Orthopaedic Section, Department of Surgery
1980 - Present South Nassau Comm!mities Hospital, Oceanside, New York
Staff, Orthopaedic Section. Department of Surgery
1995 - Present New York College ofOsteopathic Medicine
Adjunct Clinical Assistant Professor of Surgery
201 D - Present NYU Langone Medical Center, NYU Hospital for Joint Disease, New York
Academic Staff, Orthopaedic Surgery, Department of Orthopaedio Surgery
2010-Present NYU Langone Medical Center, Tisch Hospital, New York
Academic Staff, Orthopaedic Surgery, Department of Orthopaedic Surgery
2010 - Pasent NYU Langone Medical Center, The Rusk Institute for Reh±!it±= Medicine
Academic StatT, Orthopaedic Surgery, Department of Orthopaedic Surgery
Memberships
Fellow American Academy of Neumlogical & Orthopaedic Surgeons
Fellow International College of Surgeons
New York State Society of Orthopaedic Surgeons
Medical Society of the State of New York
Nassau County Medical Society
The New York Academy of Sciences
Nassau Academy of Medicine
.LISAREE
New York State License # 132580 (September, 1977)
State of Florida License # ME 121935
Drug Enforcement Administration Registration # AE853661 I
Training
- June 1980 Brookdale Hospital Medical New York, Chief Resident
July 1979 Center, Brooklyn,
Orthopaedic Surgery
- June 1980 The Brookdale Hospital Medical New York, Resident
July 1976 Center, Brooklyn,
Orthopaedic Surgery
1976- June 1977 The Bmokdale Hospital Medical Center, Brooklyn, New York, Rotating Intern
July
Education
State University of New York, Downstate Medical Center M.D. (Sept. 1972 - May 1976)
Graduate Studies (June 1970 - August
Long Island University, 1971)
Brooklyn College, Oraduate School of Education (June.1968 - May 1970)
.
FILED:
FILED : NEW YORK
QUEENS COUNTY
COUNTY CLERK
CLERK 03/07/2019
10/20/2017 02:20
04:40 PM| PM
INDEX
INDEX NO.
NO. 652336/2018
7 0 2 97 8 / 2 0 1 6
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 53
14 RECEIVED
RECEIVED NYSCEF: 03/07/2019
NYSCEF: 10/20/2017
Jay W.Eneman,M.D.
Temple University, Tyler School of Fine Arts B.F.A. (Sept. 1964 - May 1968)
Research Papers
• Evalustiuñ of Reconstractive Arterial Surgery from Blood Flow Studies Pre and Post Operatively Using
- with
Strain Gauge Plethysmography and Ultrasound Tec.½iq"s Philip N. Sawyer, M.D., Chief
Cardievescular Surgery, State University of New York Downstate Medical Center and J. N. Keates, Ph. D.
• Utilization of Psy÷hma in Group Enecyaters with the Schizophrenic Patient - with Ferrucio DiCori, M.D.
book to be published.
• Achilles Tendon for Above Knee Casting Post Operative!y - with Jack Levine, M.D.,
Repair, Necessity
Director of Orthopedic Surgery, The Brookdale Hospital Medical Center, (Work in Pmgress).
Illustrations For
Chcr:drc-malcia Patellae, by Jack Levine, M.D., Director of Orthopedic Surgery, The Brookdale Hospital Medical
Center. The Physiciañ and Sports Medicine, Vol. 7, No. 8, August, 1979, McGraw-Hill, Inc.
Experiences
I 1/26/14-Present President, Urgent Care Orthopedics, P.C., 1191 Elinor Road, Hewlett, New York I 1557
7/2/I4 - Present StafTOnhepedic Surgeon, Ahava Medical & Rehabilitation Center, 16 Sumner Place, Brooklyn,
New York 11206
1/1/01 - Present President, Jay W. Eneman MD, P.C. d.b.a. Bridge Reheb!!!Wior. & Musca|oskeletal Care
7/1/80 - 12/1/00 Partner, Park Avenue Orthopaedic Acseciates, P.C., 367 West Park Avenue, Long Beach,
New York 11561
7/1/82-12/31/01 Partner, Sunrise Physical Medicine Associates, P.C. 367 West Park Avenue, Long Beach, New
York 11561
9/1/84 - 1/1/01 Partner, Eastern Orthopaedic Group, P.C., 100 Merrick Road, Rockville Centre,
New York 11570
Reh:±"htic-
8/1/97- 1/1/01 President & CEO, Sunrise Center for Wellness & Sports , Inc.. 367 West Park
Avenue, Long Beach, New York
9/69- 6/70 Sixth Grade Teacher, P.S. 327, Brooklyn, New York
Senior staff member in charge of Art Dnement, Decator Junior High School, Bmoklyn, New
9/68 -6/69
York
INDEX NO. 702978/2016
INDEX NO. 652336/2018
FILED: QUEENS
[FILED:NEW YORK COUNTY
COUNTY CLERK
CLERK 03/07/2019
10/20/2017 04:4002:20
PM| PM
NYSCEF DOC.
NYSCEF DOC. NO.
NO. 53
14 RECEIVED NYSCEF: 10/20/2017
RECEIVED NYSCEF: 03/07/2019
Jay Eneman, M.D.
Board Certified Orthopedist
718 Long Island Avenue, Deer Park, NY 11729
September 29, 2016
Robert E. Brown, P.C.
465 Belfield Avenue, Suite F
Staten Island, NY 10312
Attn.: Robert Brown .
RE: Garrett, Desmond
File No.: 702978/16
DOI: August 14, 2015
Specialty Requested: Orthopedic Surgery
File Type: Liability
To Whom It May Concern:
As per your request, I performed an independent orthopedic examination on the
above-claimant on September 29, 2016 in my Q ueens, New York office. The
claimant presented valid photo identification, which was witnessed and copied.
My findings of the examination are as follows:
HISTORY:
Mr. Garrett states that he was involved in a trip-and-fall accident on August 14,
2015. The claimant explains that while walking he stepped on a crack in the
down"
sidewalk and "went straight (he reports that a piece of pavement was
missing, which caused him to trip and fall). He sustained reported injuries to the
lower back, left hip, bilateral knees and right ankle. There were no lacerations or
loss of consciousness as a result of this accident. The claimant went to Nassau
University Medical Center Emergency Room, via ambulance, where radiology
testing was performed of his back, right knee and right ankle. He was treated with
medication and released the same day. Prior to being discharged he was provided
with a cane and an ACE bandage.
TREATMENT HISTORY TO DATE:
The claimant was prescribed medication and physical therapy. He also received
injections to his lumbar spine as per the procedure reports. Mr. Garrett states that
he does not feel any better now than when he initially began with therapy; he gets
FILED:
FILED : NEW YORK
QUEENS COUNTY
COUNTY CLERK
CLERK 03/07/2019
10/20/2017 02:20
04:40 PM) PM
INDEX
INDEX NO.
NO. 652336/2018
702978/2016
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 53
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/07/2019
10/20/2017
2
Re: Desmond Garrett
Examination Date: September 29, 2016
approxirnately 20 minutes of short-term relief following.treatment sessions, but he
also reported the "pain is still there". Currently he is continuing to receive physical
therapy 2 times per week.
The examinee was provided with medical supplies, which included a back brace,
an ankle brace, a knee brace and a pair of crutches.
Mr. Garrett underwent right knee surgery on 3/1/16 as per the operative report.
PAST MEDICAL / SURGICAL HISTORY:
Past medical history, as reported by the claimant, is significant for asthma.
The claimant denies any prior accidents or similar conditions.
Prior surgical history, as reported by the claimant, is significant for surgery due to
"broken"
a right tibia (December 2003), right knee arthroscopic surgery (August
2011), right osteachondral allograft with removal of tibia hardware (November
2011) and right knee arthroscopic surgery (September2012).
MEDICATIONS:
The claimant indicates he is taking Aleve, Motrin, Zanaflex and Percocet at this
time.
EMPLOYMENT HISTORY:
Mr. Garrett states that he was unemployed at the time of the August 14, 2015
accident and that he is not working now.
CHIEF COMPLAINTS:
This individual stated that he feels pain in the lower back, left hip, bilateral knees
and right ankle.
Mr. Garrett rates his pain 7/10 today (with 10 being the worst). He indicates he
took Aleve prior to today's examination, which helped to reduce his pain "a little".
He describes his pain as achy, sharp, stabbing, nagging and tingling (he further
explained the following, "constant radiating feeling like [the] back is going to
break"). The pain is reported to radiate from his back through the buttocks and
down the right leg. He is able to walk approximately 1 city block (or for 10 minutes)
without experiencing too much pain. Climbing stairs causes him difficulty. He can
sit for approximately 10-15 minutes at a time. His pain is worsened by activities
long"
such as bending, walking, sleeping, sitting for "too long", standing for "too
FILED:: NEW
[FILED YORK
QUEENS COUNTY
COUNTY CLERK
CLERK 03/07/2019
10/20/2017 02:20
04:40 PM| PM
INDEX
INDEX NO.
NO. 652336/2018
702978/2016
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 53
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/07/2019
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3
Re: Desmond Garrett
Examination Date: September 29, 2016
and staying in the same position for "too long". He further reports experiencing
locking, clicking, buckling and weakness.
MEDICAL RECORDS REVIEWED AT THE TIME OF THIS EXAMINATION:
• Verified Bill of Particulars dated 4/18/16. (Index No : 702978/16(e)).
• Supp!emental verified Bill of Particulars dated 5/6/16. (/ndex No.:
702978/16(e)).
• Operative report from Island Jewish Medical Center dated 3/1/16.
Long
Operation: Arthroscopic chondroplasty, medial femoral condyle.
• Orthopedic evaluation reports from Orthopaedic Surgeons of L.I., Assoc.
dated 3/14/16 to 4/6/16.
• Treatment notes from Syosset Hospital dated 4/21/16.
• Operative report from Island Jewish Medical Center dated 4/22/16.
Long
Operation: Lumbar epidural steroid injection interlaminar L5/S1.
• Operative report from Island Jewish Medical Center dated 6/14/16.
Long
Operation: Lumbar epidural steroid injection interlaminar L5/S1.
• Focused examination report from Premier Physical Medicine &
Rehabilitation, P.C. dated 3/29/16.
• Physical therapy progress notes from Premier PMR Valley Stream dated
3/29/16 to 5/13/16.
• . SOAP notes from Erin Barry NP dated 4/14/16.
• Emergency room treatment notes from Nassau University Medical Center
dated 8/14/15.
• report of the right ankle from Nassau Medical Center dated
X-ray University
8/14/15. Impression: No acute fracture or dislocation.
• report of the thoracic spine from Nassau Medical Center
X-ray University
dated 8/14/15. Impression: No acute fracture or subluxation.
• MRI report of the lumbar spine from Jericho fated 9/20/15.
Specialty Imaging
Impression: (1) There is straightening of the normal lumbar lordosis. (2) At
L5-S1, there is a 2mm broad-based disc bulge with mild disc desiccation.
Mild posterior facet hypertrophic changes are noted. There is no appreciable
central or lateral foraminal stenosis.
• Physical Rx from Orthopaedic Surgeons of L.I., Assoc. dated
therapy
9/25/15 to 10/14/15.
• Physical initial evaluation report from North Shore LIJ Rehabilitation
therapy
Network dated 10/6/15.
• Physical re-evaluation report from North Shore LIJ Rehabilitation
therapy
Network dated 10/26/15.
• Physical notes from North Shore LIJ Rehabilitation Network
therapy daily
dated 10/6/15 to 11/17/15.
PHYSICAL EXAMINATION:
FILED:
FILED : NEW YORK
QUEENS COUNTY
COUNTY CLERK
CLERK 03/07/2019
10/20/2017 02:20
04:40 PM| PM
INDEX
INDEX NO.
NO. 652336/2018
702978/2016
NYSCEF
NYSCEF DOC.
DOC. NO.
NO. 53
14 RECEIVED
RECEIVED NYSCEF:
NYSCEF: 03/07/2019
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4
Re: Desmond Garrett
Examination Date: September 29, 2016
6' 1"
The claimant is a 31-year-old male who is tall and weighs 204 lbs. He has
brown eyes and black hair. He indicated that he is right-hand dominant.
The claimant was examined with the examining room door left ajar. The examinee
was asked to inferi77 me
Preview
FILED: NEW YORK COUNTY CLERK 03/07/2019 02:20 PM INDEX NO. 652336/2018 NYSCEF DOC. NO. 53 RECEIVED NYSCEF: 03/07/2019 Exhibit R FILED: NEW YORK UEENS COUNTY COUNTY CLERK CLERK 10 03/07/2019 20 s 2017 s s ~ 02:20 04:40 ~ s P PM INDEX INDEX NO. NO. 652336/2018 702978/2016 NYSCEF NYSCEF DOC. DOC. NO. NO. 53 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/07/2019 10/20/2017 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF QUEENS -- —--X DESMOND GARRETT, Index No. 702978/16E Plaintiffs, NOTICE OF EXPERT WITNESS DISCLOSURE PURSUANT TO CPLR 3101(d) -against- SEROTA ROOSEVELT, LLC,, WESTERN BEEF RETAIL, INC., and WESTERN BEEF PROPERTIES, INC., Defendants. —-X COUNSEL: Defendants, SEROTA ROOSEVELT, LLC., WESTERN BEEF RETAIL, INC., (" Defendant" and WESTERN BEEF PROPERTIES, INC., ), by their attorneys, the Law Offices of Robert E. Brown, P.C., sets forth, upon information and belief as follows: 1. Defendants reserve the right to call Jay Eneman, M.D,, 718 Long Island Avenue, Deer Park, New York 11729 as an expert witness at trial on this matter to testify as to all aspects of Plaintiff DESMOND GARRETT's treatment and records in coilii.ection with accident from which this actions arises, uicluding but not limited to his background, medical training and expertise, the scope of the Plaintiff's treatment, and will offer his opinions and conclusions derived therefrom. He will also testify as to the records, documents, films and other materials reviewed, the history obtained, and will offer his opinions as to the diagnosis, prognosis, ft~~>udi~g opinions and conclusions, beyond the limits of the various reports including the general field of his expertise. 2. See attached Curriculum Vitae for Dr. Eneman. 1 FILED: NEW YORK COUNTY CLERK 03/07/2019 02:20 INDEX INDEX NO. NO. 652336/2018 702978/2016 FILED : QUEENS COUNTY CLERK 10/20/2017 04:40 PM| PM NYSCEF NYSCEF DOC. DOC. NO. NO. 53 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/07/2019 10/20/2017 3. See attached the Independent Orthopedic Examination report Dr. by Eneman. The Plaintiffs herein reserve the right to amend the responses contained herein up to and including the time of trial as and when any new and/or further information becomes known. Dated: Staten Island, New York October 20, 2016 Law Offices of Robert E. Brown, P.C. Robert E. Brown, Esq. Attorneys for Defendants 465 Belfield Avenue, Suite F Staten Island, New York 10312 (718) 979-9779 To: HARRY I. KATZ, P.C. Victoria L. Weinman Attorneys for Plaintiff 61-25 Utopia Parkway Fresh Meadows, New York 11365 (718) 463-3700 2 FILED FILED: QUEENS : NEW YORKCOUNTY COUNTYCLERK CLERK10/20/2017 03/07/201904:40 02:20PMJPM INDEX INDEX NO. NO . 652336/2018 702 978/ 2016 NYSCEF DOC. NYSCEF DOC. NO. 14 NO. 53 RECEIVED NYSCEF: 03/07/2019 RECEIVED NYSCEF: 10/20/2017 JayW.Eneman,M.D. . . I191 ElinorRoad Hewlett, New York 11557 516 374-1391 jwemdpe@gmail.com Specialty Orthopaedic Surgery 16 Sumner Place, Brooklyn New York 11206 718-336-9500 Board Certification American Academy of Neurological & Orthopaedic Surgeons (October 1983) Diplomat National Board of Medical Examiners (September 1977) Medical Affiliation 2014 - Present Wyckoff Heights Medical Center, Brooklyn, New York 1980 - 2013 Long Beach Medical Center, Long Beach, New York Active StafT. Orthopaedic Section, Department of Surgery 1980 - Present South Nassau Comm!mities Hospital, Oceanside, New York Staff, Orthopaedic Section. Department of Surgery 1995 - Present New York College ofOsteopathic Medicine Adjunct Clinical Assistant Professor of Surgery 201 D - Present NYU Langone Medical Center, NYU Hospital for Joint Disease, New York Academic Staff, Orthopaedic Surgery, Department of Orthopaedio Surgery 2010-Present NYU Langone Medical Center, Tisch Hospital, New York Academic Staff, Orthopaedic Surgery, Department of Orthopaedic Surgery 2010 - Pasent NYU Langone Medical Center, The Rusk Institute for Reh±!it±= Medicine Academic StatT, Orthopaedic Surgery, Department of Orthopaedic Surgery Memberships Fellow American Academy of Neumlogical & Orthopaedic Surgeons Fellow International College of Surgeons New York State Society of Orthopaedic Surgeons Medical Society of the State of New York Nassau County Medical Society The New York Academy of Sciences Nassau Academy of Medicine .LISAREE New York State License # 132580 (September, 1977) State of Florida License # ME 121935 Drug Enforcement Administration Registration # AE853661 I Training - June 1980 Brookdale Hospital Medical New York, Chief Resident July 1979 Center, Brooklyn, Orthopaedic Surgery - June 1980 The Brookdale Hospital Medical New York, Resident July 1976 Center, Brooklyn, Orthopaedic Surgery 1976- June 1977 The Bmokdale Hospital Medical Center, Brooklyn, New York, Rotating Intern July Education State University of New York, Downstate Medical Center M.D. (Sept. 1972 - May 1976) Graduate Studies (June 1970 - August Long Island University, 1971) Brooklyn College, Oraduate School of Education (June.1968 - May 1970) . FILED: FILED : NEW YORK QUEENS COUNTY COUNTY CLERK CLERK 03/07/2019 10/20/2017 02:20 04:40 PM| PM INDEX INDEX NO. NO. 652336/2018 7 0 2 97 8 / 2 0 1 6 NYSCEF NYSCEF DOC. DOC. NO. NO. 53 14 RECEIVED RECEIVED NYSCEF: 03/07/2019 NYSCEF: 10/20/2017 Jay W.Eneman,M.D. Temple University, Tyler School of Fine Arts B.F.A. (Sept. 1964 - May 1968) Research Papers • Evalustiuñ of Reconstractive Arterial Surgery from Blood Flow Studies Pre and Post Operatively Using - with Strain Gauge Plethysmography and Ultrasound Tec.½iq"s Philip N. Sawyer, M.D., Chief Cardievescular Surgery, State University of New York Downstate Medical Center and J. N. Keates, Ph. D. • Utilization of Psy÷hma in Group Enecyaters with the Schizophrenic Patient - with Ferrucio DiCori, M.D. book to be published. • Achilles Tendon for Above Knee Casting Post Operative!y - with Jack Levine, M.D., Repair, Necessity Director of Orthopedic Surgery, The Brookdale Hospital Medical Center, (Work in Pmgress). Illustrations For Chcr:drc-malcia Patellae, by Jack Levine, M.D., Director of Orthopedic Surgery, The Brookdale Hospital Medical Center. The Physiciañ and Sports Medicine, Vol. 7, No. 8, August, 1979, McGraw-Hill, Inc. Experiences I 1/26/14-Present President, Urgent Care Orthopedics, P.C., 1191 Elinor Road, Hewlett, New York I 1557 7/2/I4 - Present StafTOnhepedic Surgeon, Ahava Medical & Rehabilitation Center, 16 Sumner Place, Brooklyn, New York 11206 1/1/01 - Present President, Jay W. Eneman MD, P.C. d.b.a. Bridge Reheb!!!Wior. & Musca|oskeletal Care 7/1/80 - 12/1/00 Partner, Park Avenue Orthopaedic Acseciates, P.C., 367 West Park Avenue, Long Beach, New York 11561 7/1/82-12/31/01 Partner, Sunrise Physical Medicine Associates, P.C. 367 West Park Avenue, Long Beach, New York 11561 9/1/84 - 1/1/01 Partner, Eastern Orthopaedic Group, P.C., 100 Merrick Road, Rockville Centre, New York 11570 Reh:±"htic- 8/1/97- 1/1/01 President & CEO, Sunrise Center for Wellness & Sports , Inc.. 367 West Park Avenue, Long Beach, New York 9/69- 6/70 Sixth Grade Teacher, P.S. 327, Brooklyn, New York Senior staff member in charge of Art Dnement, Decator Junior High School, Bmoklyn, New 9/68 -6/69 York INDEX NO. 702978/2016 INDEX NO. 652336/2018 FILED: QUEENS [FILED:NEW YORK COUNTY COUNTY CLERK CLERK 03/07/2019 10/20/2017 04:4002:20 PM| PM NYSCEF DOC. NYSCEF DOC. NO. NO. 53 14 RECEIVED NYSCEF: 10/20/2017 RECEIVED NYSCEF: 03/07/2019 Jay Eneman, M.D. Board Certified Orthopedist 718 Long Island Avenue, Deer Park, NY 11729 September 29, 2016 Robert E. Brown, P.C. 465 Belfield Avenue, Suite F Staten Island, NY 10312 Attn.: Robert Brown . RE: Garrett, Desmond File No.: 702978/16 DOI: August 14, 2015 Specialty Requested: Orthopedic Surgery File Type: Liability To Whom It May Concern: As per your request, I performed an independent orthopedic examination on the above-claimant on September 29, 2016 in my Q ueens, New York office. The claimant presented valid photo identification, which was witnessed and copied. My findings of the examination are as follows: HISTORY: Mr. Garrett states that he was involved in a trip-and-fall accident on August 14, 2015. The claimant explains that while walking he stepped on a crack in the down" sidewalk and "went straight (he reports that a piece of pavement was missing, which caused him to trip and fall). He sustained reported injuries to the lower back, left hip, bilateral knees and right ankle. There were no lacerations or loss of consciousness as a result of this accident. The claimant went to Nassau University Medical Center Emergency Room, via ambulance, where radiology testing was performed of his back, right knee and right ankle. He was treated with medication and released the same day. Prior to being discharged he was provided with a cane and an ACE bandage. TREATMENT HISTORY TO DATE: The claimant was prescribed medication and physical therapy. He also received injections to his lumbar spine as per the procedure reports. Mr. Garrett states that he does not feel any better now than when he initially began with therapy; he gets FILED: FILED : NEW YORK QUEENS COUNTY COUNTY CLERK CLERK 03/07/2019 10/20/2017 02:20 04:40 PM) PM INDEX INDEX NO. NO. 652336/2018 702978/2016 NYSCEF NYSCEF DOC. DOC. NO. NO. 53 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/07/2019 10/20/2017 2 Re: Desmond Garrett Examination Date: September 29, 2016 approxirnately 20 minutes of short-term relief following.treatment sessions, but he also reported the "pain is still there". Currently he is continuing to receive physical therapy 2 times per week. The examinee was provided with medical supplies, which included a back brace, an ankle brace, a knee brace and a pair of crutches. Mr. Garrett underwent right knee surgery on 3/1/16 as per the operative report. PAST MEDICAL / SURGICAL HISTORY: Past medical history, as reported by the claimant, is significant for asthma. The claimant denies any prior accidents or similar conditions. Prior surgical history, as reported by the claimant, is significant for surgery due to "broken" a right tibia (December 2003), right knee arthroscopic surgery (August 2011), right osteachondral allograft with removal of tibia hardware (November 2011) and right knee arthroscopic surgery (September2012). MEDICATIONS: The claimant indicates he is taking Aleve, Motrin, Zanaflex and Percocet at this time. EMPLOYMENT HISTORY: Mr. Garrett states that he was unemployed at the time of the August 14, 2015 accident and that he is not working now. CHIEF COMPLAINTS: This individual stated that he feels pain in the lower back, left hip, bilateral knees and right ankle. Mr. Garrett rates his pain 7/10 today (with 10 being the worst). He indicates he took Aleve prior to today's examination, which helped to reduce his pain "a little". He describes his pain as achy, sharp, stabbing, nagging and tingling (he further explained the following, "constant radiating feeling like [the] back is going to break"). The pain is reported to radiate from his back through the buttocks and down the right leg. He is able to walk approximately 1 city block (or for 10 minutes) without experiencing too much pain. Climbing stairs causes him difficulty. He can sit for approximately 10-15 minutes at a time. His pain is worsened by activities long" such as bending, walking, sleeping, sitting for "too long", standing for "too FILED:: NEW [FILED YORK QUEENS COUNTY COUNTY CLERK CLERK 03/07/2019 10/20/2017 02:20 04:40 PM| PM INDEX INDEX NO. NO. 652336/2018 702978/2016 NYSCEF NYSCEF DOC. DOC. NO. NO. 53 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/07/2019 10/20/2017 3 Re: Desmond Garrett Examination Date: September 29, 2016 and staying in the same position for "too long". He further reports experiencing locking, clicking, buckling and weakness. MEDICAL RECORDS REVIEWED AT THE TIME OF THIS EXAMINATION: • Verified Bill of Particulars dated 4/18/16. (Index No : 702978/16(e)). • Supp!emental verified Bill of Particulars dated 5/6/16. (/ndex No.: 702978/16(e)). • Operative report from Island Jewish Medical Center dated 3/1/16. Long Operation: Arthroscopic chondroplasty, medial femoral condyle. • Orthopedic evaluation reports from Orthopaedic Surgeons of L.I., Assoc. dated 3/14/16 to 4/6/16. • Treatment notes from Syosset Hospital dated 4/21/16. • Operative report from Island Jewish Medical Center dated 4/22/16. Long Operation: Lumbar epidural steroid injection interlaminar L5/S1. • Operative report from Island Jewish Medical Center dated 6/14/16. Long Operation: Lumbar epidural steroid injection interlaminar L5/S1. • Focused examination report from Premier Physical Medicine & Rehabilitation, P.C. dated 3/29/16. • Physical therapy progress notes from Premier PMR Valley Stream dated 3/29/16 to 5/13/16. • . SOAP notes from Erin Barry NP dated 4/14/16. • Emergency room treatment notes from Nassau University Medical Center dated 8/14/15. • report of the right ankle from Nassau Medical Center dated X-ray University 8/14/15. Impression: No acute fracture or dislocation. • report of the thoracic spine from Nassau Medical Center X-ray University dated 8/14/15. Impression: No acute fracture or subluxation. • MRI report of the lumbar spine from Jericho fated 9/20/15. Specialty Imaging Impression: (1) There is straightening of the normal lumbar lordosis. (2) At L5-S1, there is a 2mm broad-based disc bulge with mild disc desiccation. Mild posterior facet hypertrophic changes are noted. There is no appreciable central or lateral foraminal stenosis. • Physical Rx from Orthopaedic Surgeons of L.I., Assoc. dated therapy 9/25/15 to 10/14/15. • Physical initial evaluation report from North Shore LIJ Rehabilitation therapy Network dated 10/6/15. • Physical re-evaluation report from North Shore LIJ Rehabilitation therapy Network dated 10/26/15. • Physical notes from North Shore LIJ Rehabilitation Network therapy daily dated 10/6/15 to 11/17/15. PHYSICAL EXAMINATION: FILED: FILED : NEW YORK QUEENS COUNTY COUNTY CLERK CLERK 03/07/2019 10/20/2017 02:20 04:40 PM| PM INDEX INDEX NO. NO. 652336/2018 702978/2016 NYSCEF NYSCEF DOC. DOC. NO. NO. 53 14 RECEIVED RECEIVED NYSCEF: NYSCEF: 03/07/2019 10/20/2017 4 Re: Desmond Garrett Examination Date: September 29, 2016 6' 1" The claimant is a 31-year-old male who is tall and weighs 204 lbs. He has brown eyes and black hair. He indicated that he is right-hand dominant. The claimant was examined with the examining room door left ajar. The examinee was asked to inferi77 me