Preview
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
JEFFREY A. BROWN, M.D.
FL License #ME 92122
NY License #125871
1000 E. Island Blvd.
Reply to:
Unit 2802
Aventura, FL 33160
(305) 974-0200
Fax: (305) 974-0938
Email: jbrown@drieffreygbrown.çQm
December 23, 2021
Gail Ritzert, Esq.
Yacine Williams, Esq.
Kiernan Trebach, LLP.
40 Exchange Place, Suite 1600
New York, NY 10005
Linda Montes, Esq.
O'Connor McGuinness Conte Doyle
Oleson Watson & Loftus, LLP
One Barker Avenue, Suite 675
White Plains, NY 10601
RE: Kelley Phillips v. Drew Swiss and Montefiore Medical Center
D.O.B.: 4/24/78
D.O.I.: 6/3/10
Occupation at time of accident: Surgical resident at Jacobi Medical Center,
Bronx, New York
Current occupational status: Unemployed
Dear Ms. Ritzert, Ms. Williams and Ms. Montes:
As you requested, what follows is a report based upon my follow-up evaluation of Dr. Phillips,
which took place at her current Palm Bay, Florida residence on 12/7/21 and 12/8/21 (the
Phillips'
December date was given per Dr. attorney Mr. Rose's request); on the results of the my
extended interviews with her aunt Kate Adams both alone (for approximately three hours) and
with Dr. Phillips on these dates; on the results of the updated psychometrics and psychological
tests administered on 12/7/21 and 12/8/21; on my telephone conference with neurologist
Alexander Merkler, M.D., which took place on 12/8/21; and on my review of the approximately
4,400 pages of additional records, and materials provided covering the time from when I first had
seen Dr. Philips on 8/25/16 and 8/26/16 through the present.
As you also know, I originally had seen Dr. Phillips on 8/25/16 and 8/26/16 and provided a
report originally sent to Jessica Serva, Esq. on 11/1/16, which is appended.
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Mcatcfisre Medical Center
DOI: 6/3/10
As you also know, I had scheduled her reexamination originally for 9/22/21 and 9/23/21 and in
fact had shown up at her apartment on 9/22/21 but discovered that these dates had been cancelled
without either notice or explanation by Mr. Rose's office.
Phillips'
What I discovered from Dr. aunt, Kate Adams were the following:
Dr. Phillips had not been able to keep that appointment because Dr. Philips had been admitted to
a 28 day drug/alcohol abuse rehabilitation center program, North Tampa Behavioral Health,
almost four weeks before to the reexamination date of 9/22/21 and in fact had been discharged
from that program, according to her aunt, on 9/24/21.
Ms. Adams further informed this examiner that she had advised Mr. Rose's calendar clerk, Mr.
Jacob Lewis of this admission but that Mr. Rose himself never at any time including the present
Phillips'
ever had contacted Dr. Phillips or Ms. Adams directly to discuss Dr. multiple
admissions for substance abuse, her suicidal threats, or her emotional state, her use of multiple
prescription medications from multiple different providers, and her continuing use of illegal
substances through the present time or what interventions might be helpful to Dr. Phillips at any
time through the present.
What Ms. Adams told this examiner was that at least during the past two years if not longer (Ms.
Adams did not have personal contact with Dr. Phillips until a year ago) Dr. Phillips was suffering
from a severe substance abuse problem possibly including alcohol as well and involving her
taking dozens of prescription medications from at least three different doctors as well as illicit
substances through the present time.
This substance abuse in turn reportedly caused Dr. Phillips repeatedly to become dizzy and/or
sedated, to fall and strike her head and back, and to be unaware of her surroundings and/or
unconscious for unknown periods of time.
Phillips'
Although none of the Dr. pharmacy full records covering the period 8/26/16 to the
present or the full records of all of her doctors visits during this time, or records of police reports
Philips'
and other legal documents related to Dr. substance abuse, or any drug or alcohol tests or
any records from any of the three drug abuse rehabilitation centers Dr. Philips had attended since
before 9/22/21 and afterwards are currently available for review, Ms. Adams specifically stated
the following that she was personally aware of:
1. Dr. Phillips was discharged from a 28 day substance abuse treatment program at North
Tampa Behavioral Health at Port St. Richie on 9/24/21 (indicating her admission date had
been 8/24/21, almost a month before my scheduled reexamining of 9/22/21.
a. Ms. Adams was unclear as to what extent Dr. Philips was being treated for alcohol as
well as illicit substance abuse and overuse of medications, but she did say that she found
Phillips'
in Dr. apartment all kinds of prescription medication bottles from three different
Phillips'
doctors, including Dr. past and present primary care physician, Dr. Mudanai
2
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Montefiore Medical Center
DOI: 6/3/10
Sabapathy (3044 West New Haven Avenue, West Melbourne, FL 32904; 321473-8613);
a Dr. William Stephens and a third physician whose name she could not recall;
b. As far as Ms. Adams knew, none of these physician was aware of the multiple
medications they and one another were prescribing, but Ms. Adams said among other
things she found bottles of morphine and at least a dozen other medications in Dr.
Phillips'
room.
She also found and showed it to this examiner multiple pill crushers, crushed pills, and
pill cutters as well as other drug paraphernalia that she said Dr. Phillips was using in her
bedroom with her door closed during both current examination days.
c. Ms. Adams further stated that at the North Tampa facility Dr. Phillips had to learn to
tantrums"
control her "temper and dishonest behavior.
2. After her discharge on 9/24/21, Dr. Phillips spent three days with her aunt at the latter's
apartment but then Dr. Phillips reportedly was pulled over by the police when she was in her
own car in the middle of the road.
high"
At that point Ms. Adams said that Dr. Philips was "so that she "started to take her shirt
off"
in front of the police.
"Exparte"
3. The following Monday, Ms. Adams said that she had a judge sign an order, after
which the next day a sheriff reportedly transported Dr. Phillips to Circles of Care, another
rehab facility, in Melbourne.
Hoverer, when the staff at that facility reportedly wanted to release Dr. Philips the next day
to send her for outpatient care only, Ms. Adams chose to leave the state so that Dr. Phillips
had neither a car nor identification and thus had to remain at Circles of Care for ten more
days.
4. At that point Dr. Phillips reportedly returned to her Palm Bay apartment but her aunt said that
day"
at this point Dr. Phillips did "not know night from and her aunt reportedly brought Dr.
Phillips to the Blackberry Center in St. Cloud on approximately October 10*, where Dr.
Philips reportedly stayed for thirty days.
"clean"
5. After her aunt picked her up there she said that Dr. Philips was for "only four
days,"
after which she began a pattern of becoming intoxicated on multiple legal and
"rehabers"
illicit drugs while visited by who wanted to stay with her and reportedly
steal her money.
3
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Montefiore Medical Center
DOI: 6/3/10
6. On the first day of the current interviews, this examiner observed Dr. Phillips drive up
course"
by herself and, when asked, told this examiner that "of she can drive without
difficulty.
However, when a few moments later when this examiner attempted to interview Dr.
Phillips in her aunt's presence, Dr. Philips was extremely drowsy, grossly sedated, and
frankly incoherent, which led her aunt with this examiner's help to escort her to her
bedroom where she fell asleep for an hour before her aunt awaked her.
Phillips'
7. Her aunt was so concerned about Dr. condition that on the second day of the
Adams'
interview her aunt drove Dr. Phillips from Ms. residence to the apartment.
Ms. Adams stated that Dr. Phillips during the ride over threatêñêd to jump out of the
car while it was moving.
a. Then, when the vehicle arrived, Dr. Phillips was sound asleep but breathing and
could not be roused for an hour.
b. At this point Dr. Phillips barely was coherent, was grossly ataxic and had to be
helped into the apartment as she was w:tt!!:g from side to side and, furthermore,
had to be physically kept by her aunt from falling out of her chair at multiple times
during the interview.
c. At one point Ms. Adams accused Dr. Phillips of actively taking crushed pills and/or
illicit substances using a small spoon during the time that she as alone in her
bedroom.
In addition to the above this examjner had the opportunity to review more records, including but
not limited to the following:
1. 11/2/16 Records from Holmes Regional Medical Center;
2. 11/9/16-12/10/20 Records from Richard M. Blunt, M.D. and Associates;
3. 11/26/16 Surveillance Report;
4. 12/20/16 MRI of the thoracic spine report by Thomas Foster, M.D.;
5. 6/19/17-7/17/17 Records from Michelle Pownall, ARNP;
6. 8/26/17-9/4/17 Holmes Regional Medical Center (HRMC);
7. 8/29/17-11/1/20 Holmes Regional Medical Center phamiacy records;
8. 4/3/18-6/16/20 Records from Suntree University Center Imaging;
4
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Montefiore Medical Center
DOI: 6/3/10
9. 4/27/18 Plaintiff's Supplemental Verified Bill of Particulars;
10. 8/27/18 Plaintiff's Supplemental Verified Bill of Particulars;
11. 6/20/19 Plaintiff's Supplemental Verified Bill of Particulars;
12. 9/17/19 Plaintiff's Supplemental Verified Bill of Particulars;
13. 12/9/20 Report by Dr. Gary Weiss;
14. 12/9/20 Report by Dr. Timothy Carter;
15. 12/9/20 Records by Holmes Regional Medical Center;
16. 1/10/21 Report by Dr. Gary Weiss;
17. 2/17/21 Deposition transcript of Dr. Kelley Phillips;
18. 5/21/21 Plaintiff's Supplemental Verified Bill of Particulars;
19. 8/25/21 Report by Andrew N. Bazos, M.D.;
20. 12/12/21 Report by Alexander E. Merkler, M.D., M.S.; AND
21. 12/21/21 Report by Sheeraz Qureshi, M.D..
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Montefiore Medical Center
DOI: 6/3/10
I. My own training, clinical experience, and other credentials that quality me to address the
Phillips'
neuropsychiatric issues and the accuracy of Dr. presented history and claims
include the following:
A. My undergraduate work in psychology, which included my graduating with High
Distinction in psychology;
B. My years at Stanford Medical School as a Russell Sage Fellow in medicine and
"mind/body"
behavioral sciences with a specific emphasis on interrelationships, the
effects on patients of severe chronic pain, medication interactions and side effects
including those given for chronic pain, the behavioral medicine consequences of
orthopedic injuries as well as injuries to parts of the body in addition to the brain, and
the understanding of patient symptom denial and misperception;
C. My being an American Association of Medical Colleges-United States Public Health
Service Fellow studying victims of both traumatic brain injury and posttraumatic
stress disorder, verifiable versus unverifiable complaints, and misperception while
working at a military hospital in Israel;
D. My years of serving as the chief liaison between the Departments of Psychiatry,
Medicine, and Surgery at Norwalk Hospital in Connecticut regarding the interactions
"mind/body"
and behavioral presentations as well as clinical differential diagnoses of
issues including symptom exaggeration syndromes an traumatic brain injury claims
including iñterrelationships among orthopedic pathology, neuropsychiatric states,
chronic pain, medication side effects, symptom minimization and exaggeration, and
misperceptions;
"mind/body"
E. My years of dealing with both confusion and symptom exaggeration
during the years in which I have treated police and correctional officers, subway and
bus drivers, children and adults, as well as over 1,000 veterans who served in World
War II, the Korean War, the Vietnam War, in Afghanistan, in Iraq, and for the New
York City Transit Department; and
F. My years of teaching both at Rutgers Medical School about clinical interviewing,
reliability of clinical histories, and clinical fact-finding, where I retired with the rank
of Clinical Professor of Psychiatry in November of 2018.
G. My fifty years of seeing over 2,000 patients as well as working for judges, criminal
prosecutors and defense attorneys, civil plaintiff and defense attorneys, insurance
companies, and the New Jersey State Board of Medical Examiners in which central
issues involved the presence or absence of patient deliberate distortion of their history
and injuries, and/or the presence or absence of unnecessary invasive surgical
procures, and/or whether or not there was any clinical data pointing to actual
agreements among patients, their providers, and their attorneys to present grossly
inaccurate and clinically misleading histories and claims; and
6
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Montefiore Medical Center
DOI: 6/3/10
H. My years of training, experience, consulting, and lecturing in the areas of
neuropsychology and behavioral medicine as a guest lecturer in gradüãte level
neuropsychology courses at New York University, Drew University, and Stony Brook
University as well as an invited speaker at the Texas Psychological Association and
other professional psychology orgailizations and neurorehabilitation specialty
treatnlent centers.
7
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E
NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022
Kelley Phillips v. Drew Swiss and Montefiore Medical Center
DOI: 6/3/10
II. SUMMARY OF PAST EVALUATIONS:
A. SUMMARY OF 11/1/16 REPORT INCLUDING CONSISTENCIES AND/OR
PHILIPS'
INCONSISTENCIES BETWEEN RECORDS DATA AND DR. PAST
AND CURRENTLY REPORTED HISTORIES:
1. When I first examined Dr. Phillips on 8/25/16, she reportedly had been rear-ended on
6/3/10 (six years before my initial examination) at a time when she had been a
surgical residence at Jacobi Medical Center, Bronx, NY.
She claimed in her 3/27/14 Verified Bill of Particulars that she had reportedly
serious"
sustained a number of orthopedic and neuropsychiatric "permanent, injuries,
all allegedly uniquely and specifically the result of and only of the 6/3/10 accident,
including specifically a Closed Head Injury with post traumatic headaches and
loss," Disorder,"
cognitive a "Major Depressive a "Generalized Anxiety
Disorder," state"
an "Anxiety and chronic pain in her neck, upper extremity,
back, and legs.
The legal and medical documents review indicated that she on 9/20/13 had undergone
a right knee arthroscopy as well.
2. as I had stated initial "OVERVIEW AND SUMMARY" of my
However, in my
original 11/1/16 report that these allegations and claims are inaccurate and not
substantiated by the records and examination findings.
in "OVERVIEW AND SUMMARY"
Note specifically that my initial 11/1/16 I
had reached the following conclusions:
a. Dr. Phillips never sustained any documented traumatic brain in jury as a
result of the 6/3/10 MVA.
Note in this regard not only the host of negative findings after the 6/3/10 MVA
but that her own psychiatrist noted that as early as 11/3/11 Dr. Phillips herself
baseline."
reported that "attention and concentration are currently at
b. Furthermore, that
Preview
FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 JEFFREY A. BROWN, M.D. FL License #ME 92122 NY License #125871 1000 E. Island Blvd. Reply to: Unit 2802 Aventura, FL 33160 (305) 974-0200 Fax: (305) 974-0938 Email: jbrown@drieffreygbrown.çQm December 23, 2021 Gail Ritzert, Esq. Yacine Williams, Esq. Kiernan Trebach, LLP. 40 Exchange Place, Suite 1600 New York, NY 10005 Linda Montes, Esq. O'Connor McGuinness Conte Doyle Oleson Watson & Loftus, LLP One Barker Avenue, Suite 675 White Plains, NY 10601 RE: Kelley Phillips v. Drew Swiss and Montefiore Medical Center D.O.B.: 4/24/78 D.O.I.: 6/3/10 Occupation at time of accident: Surgical resident at Jacobi Medical Center, Bronx, New York Current occupational status: Unemployed Dear Ms. Ritzert, Ms. Williams and Ms. Montes: As you requested, what follows is a report based upon my follow-up evaluation of Dr. Phillips, which took place at her current Palm Bay, Florida residence on 12/7/21 and 12/8/21 (the Phillips' December date was given per Dr. attorney Mr. Rose's request); on the results of the my extended interviews with her aunt Kate Adams both alone (for approximately three hours) and with Dr. Phillips on these dates; on the results of the updated psychometrics and psychological tests administered on 12/7/21 and 12/8/21; on my telephone conference with neurologist Alexander Merkler, M.D., which took place on 12/8/21; and on my review of the approximately 4,400 pages of additional records, and materials provided covering the time from when I first had seen Dr. Philips on 8/25/16 and 8/26/16 through the present. As you also know, I originally had seen Dr. Phillips on 8/25/16 and 8/26/16 and provided a report originally sent to Jessica Serva, Esq. on 11/1/16, which is appended. FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Mcatcfisre Medical Center DOI: 6/3/10 As you also know, I had scheduled her reexamination originally for 9/22/21 and 9/23/21 and in fact had shown up at her apartment on 9/22/21 but discovered that these dates had been cancelled without either notice or explanation by Mr. Rose's office. Phillips' What I discovered from Dr. aunt, Kate Adams were the following: Dr. Phillips had not been able to keep that appointment because Dr. Philips had been admitted to a 28 day drug/alcohol abuse rehabilitation center program, North Tampa Behavioral Health, almost four weeks before to the reexamination date of 9/22/21 and in fact had been discharged from that program, according to her aunt, on 9/24/21. Ms. Adams further informed this examiner that she had advised Mr. Rose's calendar clerk, Mr. Jacob Lewis of this admission but that Mr. Rose himself never at any time including the present Phillips' ever had contacted Dr. Phillips or Ms. Adams directly to discuss Dr. multiple admissions for substance abuse, her suicidal threats, or her emotional state, her use of multiple prescription medications from multiple different providers, and her continuing use of illegal substances through the present time or what interventions might be helpful to Dr. Phillips at any time through the present. What Ms. Adams told this examiner was that at least during the past two years if not longer (Ms. Adams did not have personal contact with Dr. Phillips until a year ago) Dr. Phillips was suffering from a severe substance abuse problem possibly including alcohol as well and involving her taking dozens of prescription medications from at least three different doctors as well as illicit substances through the present time. This substance abuse in turn reportedly caused Dr. Phillips repeatedly to become dizzy and/or sedated, to fall and strike her head and back, and to be unaware of her surroundings and/or unconscious for unknown periods of time. Phillips' Although none of the Dr. pharmacy full records covering the period 8/26/16 to the present or the full records of all of her doctors visits during this time, or records of police reports Philips' and other legal documents related to Dr. substance abuse, or any drug or alcohol tests or any records from any of the three drug abuse rehabilitation centers Dr. Philips had attended since before 9/22/21 and afterwards are currently available for review, Ms. Adams specifically stated the following that she was personally aware of: 1. Dr. Phillips was discharged from a 28 day substance abuse treatment program at North Tampa Behavioral Health at Port St. Richie on 9/24/21 (indicating her admission date had been 8/24/21, almost a month before my scheduled reexamining of 9/22/21. a. Ms. Adams was unclear as to what extent Dr. Philips was being treated for alcohol as well as illicit substance abuse and overuse of medications, but she did say that she found Phillips' in Dr. apartment all kinds of prescription medication bottles from three different Phillips' doctors, including Dr. past and present primary care physician, Dr. Mudanai 2 FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Montefiore Medical Center DOI: 6/3/10 Sabapathy (3044 West New Haven Avenue, West Melbourne, FL 32904; 321473-8613); a Dr. William Stephens and a third physician whose name she could not recall; b. As far as Ms. Adams knew, none of these physician was aware of the multiple medications they and one another were prescribing, but Ms. Adams said among other things she found bottles of morphine and at least a dozen other medications in Dr. Phillips' room. She also found and showed it to this examiner multiple pill crushers, crushed pills, and pill cutters as well as other drug paraphernalia that she said Dr. Phillips was using in her bedroom with her door closed during both current examination days. c. Ms. Adams further stated that at the North Tampa facility Dr. Phillips had to learn to tantrums" control her "temper and dishonest behavior. 2. After her discharge on 9/24/21, Dr. Phillips spent three days with her aunt at the latter's apartment but then Dr. Phillips reportedly was pulled over by the police when she was in her own car in the middle of the road. high" At that point Ms. Adams said that Dr. Philips was "so that she "started to take her shirt off" in front of the police. "Exparte" 3. The following Monday, Ms. Adams said that she had a judge sign an order, after which the next day a sheriff reportedly transported Dr. Phillips to Circles of Care, another rehab facility, in Melbourne. Hoverer, when the staff at that facility reportedly wanted to release Dr. Philips the next day to send her for outpatient care only, Ms. Adams chose to leave the state so that Dr. Phillips had neither a car nor identification and thus had to remain at Circles of Care for ten more days. 4. At that point Dr. Phillips reportedly returned to her Palm Bay apartment but her aunt said that day" at this point Dr. Phillips did "not know night from and her aunt reportedly brought Dr. Phillips to the Blackberry Center in St. Cloud on approximately October 10*, where Dr. Philips reportedly stayed for thirty days. "clean" 5. After her aunt picked her up there she said that Dr. Philips was for "only four days," after which she began a pattern of becoming intoxicated on multiple legal and "rehabers" illicit drugs while visited by who wanted to stay with her and reportedly steal her money. 3 FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Montefiore Medical Center DOI: 6/3/10 6. On the first day of the current interviews, this examiner observed Dr. Phillips drive up course" by herself and, when asked, told this examiner that "of she can drive without difficulty. However, when a few moments later when this examiner attempted to interview Dr. Phillips in her aunt's presence, Dr. Philips was extremely drowsy, grossly sedated, and frankly incoherent, which led her aunt with this examiner's help to escort her to her bedroom where she fell asleep for an hour before her aunt awaked her. Phillips' 7. Her aunt was so concerned about Dr. condition that on the second day of the Adams' interview her aunt drove Dr. Phillips from Ms. residence to the apartment. Ms. Adams stated that Dr. Phillips during the ride over threatêñêd to jump out of the car while it was moving. a. Then, when the vehicle arrived, Dr. Phillips was sound asleep but breathing and could not be roused for an hour. b. At this point Dr. Phillips barely was coherent, was grossly ataxic and had to be helped into the apartment as she was w:tt!!:g from side to side and, furthermore, had to be physically kept by her aunt from falling out of her chair at multiple times during the interview. c. At one point Ms. Adams accused Dr. Phillips of actively taking crushed pills and/or illicit substances using a small spoon during the time that she as alone in her bedroom. In addition to the above this examjner had the opportunity to review more records, including but not limited to the following: 1. 11/2/16 Records from Holmes Regional Medical Center; 2. 11/9/16-12/10/20 Records from Richard M. Blunt, M.D. and Associates; 3. 11/26/16 Surveillance Report; 4. 12/20/16 MRI of the thoracic spine report by Thomas Foster, M.D.; 5. 6/19/17-7/17/17 Records from Michelle Pownall, ARNP; 6. 8/26/17-9/4/17 Holmes Regional Medical Center (HRMC); 7. 8/29/17-11/1/20 Holmes Regional Medical Center phamiacy records; 8. 4/3/18-6/16/20 Records from Suntree University Center Imaging; 4 FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Montefiore Medical Center DOI: 6/3/10 9. 4/27/18 Plaintiff's Supplemental Verified Bill of Particulars; 10. 8/27/18 Plaintiff's Supplemental Verified Bill of Particulars; 11. 6/20/19 Plaintiff's Supplemental Verified Bill of Particulars; 12. 9/17/19 Plaintiff's Supplemental Verified Bill of Particulars; 13. 12/9/20 Report by Dr. Gary Weiss; 14. 12/9/20 Report by Dr. Timothy Carter; 15. 12/9/20 Records by Holmes Regional Medical Center; 16. 1/10/21 Report by Dr. Gary Weiss; 17. 2/17/21 Deposition transcript of Dr. Kelley Phillips; 18. 5/21/21 Plaintiff's Supplemental Verified Bill of Particulars; 19. 8/25/21 Report by Andrew N. Bazos, M.D.; 20. 12/12/21 Report by Alexander E. Merkler, M.D., M.S.; AND 21. 12/21/21 Report by Sheeraz Qureshi, M.D.. FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Montefiore Medical Center DOI: 6/3/10 I. My own training, clinical experience, and other credentials that quality me to address the Phillips' neuropsychiatric issues and the accuracy of Dr. presented history and claims include the following: A. My undergraduate work in psychology, which included my graduating with High Distinction in psychology; B. My years at Stanford Medical School as a Russell Sage Fellow in medicine and "mind/body" behavioral sciences with a specific emphasis on interrelationships, the effects on patients of severe chronic pain, medication interactions and side effects including those given for chronic pain, the behavioral medicine consequences of orthopedic injuries as well as injuries to parts of the body in addition to the brain, and the understanding of patient symptom denial and misperception; C. My being an American Association of Medical Colleges-United States Public Health Service Fellow studying victims of both traumatic brain injury and posttraumatic stress disorder, verifiable versus unverifiable complaints, and misperception while working at a military hospital in Israel; D. My years of serving as the chief liaison between the Departments of Psychiatry, Medicine, and Surgery at Norwalk Hospital in Connecticut regarding the interactions "mind/body" and behavioral presentations as well as clinical differential diagnoses of issues including symptom exaggeration syndromes an traumatic brain injury claims including iñterrelationships among orthopedic pathology, neuropsychiatric states, chronic pain, medication side effects, symptom minimization and exaggeration, and misperceptions; "mind/body" E. My years of dealing with both confusion and symptom exaggeration during the years in which I have treated police and correctional officers, subway and bus drivers, children and adults, as well as over 1,000 veterans who served in World War II, the Korean War, the Vietnam War, in Afghanistan, in Iraq, and for the New York City Transit Department; and F. My years of teaching both at Rutgers Medical School about clinical interviewing, reliability of clinical histories, and clinical fact-finding, where I retired with the rank of Clinical Professor of Psychiatry in November of 2018. G. My fifty years of seeing over 2,000 patients as well as working for judges, criminal prosecutors and defense attorneys, civil plaintiff and defense attorneys, insurance companies, and the New Jersey State Board of Medical Examiners in which central issues involved the presence or absence of patient deliberate distortion of their history and injuries, and/or the presence or absence of unnecessary invasive surgical procures, and/or whether or not there was any clinical data pointing to actual agreements among patients, their providers, and their attorneys to present grossly inaccurate and clinically misleading histories and claims; and 6 FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Montefiore Medical Center DOI: 6/3/10 H. My years of training, experience, consulting, and lecturing in the areas of neuropsychology and behavioral medicine as a guest lecturer in gradüãte level neuropsychology courses at New York University, Drew University, and Stony Brook University as well as an invited speaker at the Texas Psychological Association and other professional psychology orgailizations and neurorehabilitation specialty treatnlent centers. 7 FILED: BRONX COUNTY CLERK 02/24/2022 02:17 PM INDEX NO. 21169/2011E NYSCEF DOC. NO. 281 RECEIVED NYSCEF: 02/24/2022 Kelley Phillips v. Drew Swiss and Montefiore Medical Center DOI: 6/3/10 II. SUMMARY OF PAST EVALUATIONS: A. SUMMARY OF 11/1/16 REPORT INCLUDING CONSISTENCIES AND/OR PHILIPS' INCONSISTENCIES BETWEEN RECORDS DATA AND DR. PAST AND CURRENTLY REPORTED HISTORIES: 1. When I first examined Dr. Phillips on 8/25/16, she reportedly had been rear-ended on 6/3/10 (six years before my initial examination) at a time when she had been a surgical residence at Jacobi Medical Center, Bronx, NY. She claimed in her 3/27/14 Verified Bill of Particulars that she had reportedly serious" sustained a number of orthopedic and neuropsychiatric "permanent, injuries, all allegedly uniquely and specifically the result of and only of the 6/3/10 accident, including specifically a Closed Head Injury with post traumatic headaches and loss," Disorder," cognitive a "Major Depressive a "Generalized Anxiety Disorder," state" an "Anxiety and chronic pain in her neck, upper extremity, back, and legs. The legal and medical documents review indicated that she on 9/20/13 had undergone a right knee arthroscopy as well. 2. as I had stated initial "OVERVIEW AND SUMMARY" of my However, in my original 11/1/16 report that these allegations and claims are inaccurate and not substantiated by the records and examination findings. in "OVERVIEW AND SUMMARY" Note specifically that my initial 11/1/16 I had reached the following conclusions: a. Dr. Phillips never sustained any documented traumatic brain in jury as a result of the 6/3/10 MVA. Note in this regard not only the host of negative findings after the 6/3/10 MVA but that her own psychiatrist noted that as early as 11/3/11 Dr. Phillips herself baseline." reported that "attention and concentration are currently at b. Furthermore, that