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CAUSE NO. 21-D-279983
MONA EL SAYED § IN THE DISTRICT COURT OF
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§ FORT BEND COUNTY, TEXAS
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TEXANA CENTER § 240th JUDICIAL DISTRICT
PLAINTIFF DESIGNATION OF EXPERTS
TO: Defendant, TEXANA CENTER by and through its attorneys of record William Helfand
and Sean O’Neal Braun, Lewis Brisbois, Bisgaard & Smith LLP, 24 Greenway Plaza,
Suite 1400 Houston, Texas 77046
Pursuant to provision of Texas Rule of Civil Procedure 195, Plaintiff hereby designates
the following experts:
NON RETAINED MEDICAL EXPERTS.
The following healthcare providers, and/or the custodian of their records, may testify
regarding the injuries sustained by Plaintiff as a result of the incident made the subject of this suit,
Plaintiff’s medical diagnosis, prognosis and the reasonable and necessary cost of hospital, doctor
and medical bills for treatment of Plaintiff’s injuries in the past and in the future.
GALLERIA WELLNESS
(a)(1): expert’s name, address, and telephone number;
Dr. Hani Said, D.C.
4545 Post Oak Place Ste. 120
Houston, TX 77027
713-622-5600
(a)(2): the subject matter on which the expert will testify:
his knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
his qualifications to render an expert opinion;
plaintiff's injuries at issue in this case;
the medical care that he provided and/or prescribed to plaintiff;
the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
the examination and treatment of the injuries sustained by Plaintiff;
pre existing injuries to and/or pre existing medical conditions of Plaintiff, or lack
thereof;
the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x-rays and MRI’s tests regarding Plaintiff;
recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
all those subject matters contained, discussed or disclosed in:
the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
all medical records affidavits and/or medical billing affidavits which have
been served and which may hereafter be served in this cause, and all exhibits
thereto;
the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause, and
all exhibits thereto; and
all written reports of healthcare providers produced during the course of
discovery inthis cause.
All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
(a)(3): the general substance of the expert's mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or otherwise
subject to the control of the responding party, documents reflecting such information;
the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following:
the medical records of Plaintiff which have been and which may hereafter
be produced in this cause including the following:
Medical and Billing Records from Galleria WellnessSee Plaintiff’s
production (SAYED001 SAYED040).
Billing Records from Sterling PharmacySee Plaintiff’s production
SAYED087 SAYED090
Medical and Billing Records from UprightMRI See Plaintiff’s
production SAYED040 SAYED047
Billing Records from People’s First Pharmacy (SAYED085
SAYED086and SAYED095 SAYED096
all medical records affidavits and/or medical billing affidavits which have
been served and which may hereafter be served in this cause, and all
exhibits thereto;
the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause,
and all exhibits thereto; and
all written reports of healthcare providers produced during the course of
discovery in this cause.
The experts’ opinions are based on the following:
The medical records of Plaintiff produced in this cause;
The experts knowledge, skill, training, education, and/or experience as
they relate to the subject matter of this lawsuit;
The experts time, examinations, and conversations with Plaintiff;
All depositions taken and hereafter taken in this cause,either by written
questions or orally, and all exhibits thereto;
The expert reports herein above expressly referred to;
All witness statements which may be produced in this cause;
All of the photographs and videotape recordings produced in this cause;
The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
The pleadings on file in this action; and
All documents and tangible things produced in this cause.
UPRIGHTMRI
(a)(1): expert’s name, address, and telephone number;
Dr. Jamie Tsai
2655 Cordes Drive, Suite 150
Sugarland, TX
(a)(2): the subject matter on which the expert will testify:
his knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
his qualifications to render an expert opinion;
plaintiff's injuries at issue in this case;
the medical care that he provided and/or prescribed to plaintiff;
the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
the examination and treatment of the injuries sustained by Plaintiff;
pre existing injuries to and/or pre existing medical conditions of Plaintiff, or lack
thereof;
the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x rays and MRI’s tests regarding Plaintiff;
recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
all those subject matters contained, discussed or disclosed in:
the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
all medical records affidavits and/or medical billing affidavits which have
been served and which may hereafter be served in this cause, and all exhibits
thereto;
the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause, and
all exhibits thereto; and
all written reports of healthcare providers produced during the course of
discovery in this cause.
All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
(a)(3): the general substance of the expert's mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or otherwise
subject to the control of the responding party, documents reflecting such information;
the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following:
the medical records of Plaintiff which have been and which may hereafter
be produced in this cause including the following:
Medical and Billing Records from Upright MRI. See Plaintiff’s
production (SAYED041 SAYED047
all medical records affidavits and/or medical billing affidavits which have
been served and which may hereafter be served in this cause, and all
exhibits thereto;
the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken inthis cause,
and all exhibits thereto; and
all written reports of healthcare providers produced during the course of
discovery in this cause.
The experts’ opinions are based on the following:
The medical records of Plaintiff produced in this cause;
The experts knowledge, skill, training, education, and/or experience as
they relate to the subject matter of this lawsuit;
The experts time, examinations, and conversations with Plaintiff;
All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
The expert reports herein above expressly referred to;
All witness statements which may be produced in this cause;
All of the photographs and videotape recordings produced in this cause;
The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
The pleadings on file in this action; and
All documents and tangible things produced in this cause.
CAPSTONE SURGERY CENTER
(a)(1): expert’s name, address, and telephone number;
Samir Fahed, M.D.
8700 S Gessner Rd #200
Houston, TX 77074
(a)(2): the subject matter on which the expert will testify:
his knowledge, skill, training, education, and/or experience as they relate to the
subject matter of this lawsuit;
his qualifications to render an expert opinion;
plaintiff's injuries at issue in this case;
the medical care that he provided and/or prescribed to plaintiff;
the existence, nature and/or extent of, and pain associated with the injuries
sustained by Plaintiff;
the examination and treatment of the injuries sustained by Plaintiff;
pre existing injuries to and/or pre existing medical conditions of Plaintiff, or lack
thereof;
the type, purpose, extent, results, evaluations and/or interpretations of
examinations, treatments, x rays and MRI’s tests regarding Plaintiff;
recommendations, diagnosis and prognosis regarding the Plaintiff’s injuries;
the existence, nature and/or extent of the disabilities and/or incapacities of Plaintiff
in the past, and the reasonable probability and extent of the disabilities and/or
incapacities which Plaintiff may suffer from in the future;
the cause(s) of Plaintiff’s condition(s), injuries, disabilities and/or capacities;
medical care and treatment and medications that have been required by Plaintiff in
the past for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
medical care and treatment and medications that will be required by Plaintiff in the
future, if any, for the treatment of the injuries allegedly sustained by Plaintiff in the
subject collision and for rehabilitation from such injuries;
the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications prescribed to Plaintiff in the past.
the reasonableness of the costs associated with, and the necessity of, the medical
services, medical care, and medications that Plaintiff, in reasonable medical
probability, will need in the future for the injuries sustained by Plaintiff in the
subject collision;
all those subject matters contained, discussed or disclosed i
the medical records of Plaintiff which have been and which may hereafter
be produced in this cause;
all medical records affidavits and/or medical billing affidavits which have
been served and which may hereafter be served in this cause, and all exhibits
thereto;
the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause, and
all exhibits thereto; and
all written reports of healthcare providers produced during the course o
discovery in this cause.
All of the above documents are incorporated herein by reference as though set out
verbatim for all purposes.
(a)(3): the general substance of the expert's mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or otherwise
subject to the control of the responding party, documents reflecting such information;
the medical care and treatment rendered to Plaintiff was reasonable and/or
necessary;
the subject accident did, based on reasonable medical probability, cause all of the
complaints, disabilities, injuries, and/or incapacities of Plaintiff;
that any surgical intervention for treatment of Plaintiff’s symptoms was
necessitated and proximately caused by the incident made the subject of this
lawsuit;
that the medical expenses of Plaintiff were necessitated by the incident which is the
subject of this lawsuit;
all other impressions and/or opinions that are contained, discussed, and/or disclosed
in the following
the medical records of Plaintiff which have been and which may hereafter
be produced in this cause including the following:
Medical and Billing Records from Galleria Wellness. See Plaintiff’s
production (SAYED001 SAYED040).
Billing Records from SterlingPharmacy. See Plaintiff’s production
(SAYED087 SAYED090)
Medical and Billing Records from Upright MRI. See Plaintiff’s
production (SAYED040 SAYED047)
Billing Records from People’s First Pharmacy (SAYED085
SAYED086and SAYED095 SAYED096
Medical and Billing Records from Capstone (SAYED048
SAYED065)
Medical and Billing Records from Samir Fahed (SAYED066
SAYED084)
all medical records affidavits and/or medical billing affidavits which have
been served and which may hereafter be served in this cause, and all
exhibits thereto;
the depositions on written questions of Plaintiff’s health care providers
which have been taken and which may hereafter be taken in this cause,
and all exhibits thereto; and
all written reports of healthcare providers produced during the course of
discovery in this cause.
The experts’ opinions are based on the following:
The medical records of Plaintiff produced in this cause;
The experts knowledge, skill, training, education, and/or experience as
they relate to the subject matter of this lawsuit;
The experts time, examinations, and conversations with Plaintiff;
All depositions taken and hereafter taken in this cause, either by written
questions or orally, and all exhibits thereto;
The expert reports herein above expressly referred to;
All witness statements which may be produced in this cause;
All of the photographs and videotape recordings produced in this cause;
The Responses to Requests for Disclosure, Responses to Requests for
Production, Answers to Interrogatories, and the Amendments and
Supplements thereto which have been served by each of the parties in this
action;
The pleadings on file in this action; and
All documents and tangible things produced in this cause.
NON RETAINED PEACE OFFICER EXPERT.
The following peace officer, and/or the custodian(s) of their records, may testify regarding
the facts of the wreck made the subject matter of this case, the causation of the wreck, and
statements made by the persons involved in the wreck, or witnesses thereto. Please refer to the
officer’s files, and his oral deposition (when taken herein) for his mental impressions, opinions,
conclusions, and the factual basis for each opinion.
(a)(1): expert’s name, address, and telephone number;
V. Golovine
ID Number 5015
Richmond Police Department
600 Preston St.
Richmond, TX 77469
(a)(2): the subject matter on which the expert will testify:
the facts surrounding the wreck;
the cause of the wreck;
the results of his accident investigation/recreation of the wreck;
the facts obtained during his investigation of this wreck;
any observations made by them at the scene of the wreck or during the course of
his investigation;
the substance of any witness statements taken during the course of his
investigation;
any analysis of the vehicles involved in this collision; and
all those subject matters contained, discussed or disclosed in:
the officer’s file(s) regarding this wreck and all documents contained
therein;
the depositions taken in this cause, orally and on written questions;
all written reports produced during the course of discovery in this cause;
all pictures taken of the wreck, the vehicles involved in the wreck, or the
injuries receivedin the wreck, including all photographs produced during
the course of discovery in this cause;
all statements produced during the course of discovery in this cause;
any deposition testimony given in this cause by any of the above
designated individuals orany individual who also investigated this wreck
but who is not specifically identified above.
All of which documents are incorporated herein by reference as though set out at length
for all purposes.
(a)(3): the general substance of the expert's mental impressions and opinions and a brief
summary of the basis for them, or if the expert is not retained by, employed by, or otherwise
subject to the control of the responding party, documents reflecting such information;
the facts of the wreck made the subject of this suit;
the identity of the drivers involved in the wreck made the subject of this suit;
the causative factors regarding the wreck made the subject of this suit;
the extent of the damage to the vehicles involved in the wreck made the subject of
this suit;
Gwendolen Lewis is at fault for the subject collision;
Gwendolen Lewis failed to control her speed;
Gwendolen Lewis failed to keep a safe following distance;
Mona El Sayed did not contribute to or cause the subject collision
the traffic conditions, terrain, and weather conditions at the time of the wreck made
the subject of this suit.
all other impressions and opinions that are contained, discussed or disclosed
in:
the officer’s file(s) regarding this wreck and all documents contained
therein;
the depositions taken in this cause, orally and on written questions;
all written reports produced during the course of discovery in this cause;
all accident reports created by any governmental agency and all attachments
thereto;
any and all pictures taken of the wreck, the vehicles involved in the wreck,
or the injuries received in the wreck, including all photographs produced
during the course of discovery in this cause;
all statements produced during the course of discovery in this cause;
any deposition testimony given in this cause by any of the above designated
individuals or any individual who also investigated this wreck but who is
not specifically identified above.
All of which documents are incorporated herein by reference as though set out at length
for all purposes.
The basis for the foregoing impressions and opinions of the above named and/or designated
expert witness are all of the facts shown by and/or contained in:
the Peace Officer’s investigation of the wreck including the scene of the wreck;
the vehicles involved;
the statements of the drivers and passengers in the vehicles;
statements of witnesses to the wreck;
emergency medical care rendered to the parties;
the officer’s file(s) regarding the wreck and all documentscontained therein;
all depositions taken and hereafter taken in this cause, either by written questions
or orally, and all exhibits thereto;
the expert reports herein above expressly referred to;
all witness statements which may be produced in this cause;
all of the photographs and videotape recordings produced in this cause or obtained
by the designated individuals during the course of their investigation
the Responses to Requests For Disclosure, Responses to Requests For Production,
Answers to Interrogatories, and the Amendments and Supplements thereto which
have been served by each of the parties to this cause;
the Pleadings on file in this cause;
all documents and tangible things produced in this cause;
All depositions taken and hereafter taken in this cause, either by written questions
or orally, and all exhibits thereto; and
the knowledge and experience of the investigating officer along with any
specialized training received by him and his observations, deductions and
calculations performed during his investigation of this wreck.
All of which records, reports, documents, depositions, photographs and videotape
recordings are incorporated herein by reference and made a part hereof for all purposes as if set
out at length herein.
ADDITIONAL DISCLOSURES.
Plaintiff also incorporates herein by reference all depositions; depositions on written
questions; documents and exhibits attached to or referenced in all depositions; and all documents
produced by any party hereto in disclosures and/or discovery. Any opinions and bases for opinions
discussed in deposition(s) are incorporated herein.
Plaintiff further refers the Defendants to Plaintiff’s retained and non retained experts’ files,
reports and supplemental reports; written discovery responses of all parties; pleadings of all
parties; depositions and exhibits thereto; medical and billing records; rebuttal opinions; factual
observations and opinions.
Plaintiff further reserves the right through cross examination or deposition, to call any
expert witness identified herein by the Defendants.
Plaintiff reserves the right to withdraw the designation of any expert witness and to aver
positively that such previously designated expert will not be called as an expert witness at trial and
o redesignate same as a consulting expert, who cannot be called by opposing counsel.
Plaintiff reserves the right to elicit any expert testimony and/or lay opinion testimony that
would assist the jury in determining material issues of fact and that would not violate the Texas
Rules of Civil Procedure.
Plaintiff reserves all additional rights that Plaintiff may have regarding expert witnesses
and testimony under the Texas Rules of Civil Procedure, case law and rulings of this Honorable
Court.
Plaintiff reserves the right to elicit expert opinion from any of the designated fact witnesses
within any area as to which such person has expertise.
Respectfully submitted,
/s/ Sean Koch ____________________
The Law Office of Tarek Fahmy, PLLC
Attorney at Law
P.O. Box 570864
Houston, Texas 77257
Telephone: (832) 546 5308
Facsimile: (281) 656 5363
By:/s/ Sean Koch
Sean Koch
litigation@tarekfahmylaw.com
State Bar No.
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been forwarded
via efile in accordance with the Texas Rules of Civil Procedure on this 31st day of March, 2021 to
the following attorneys of record:
William S. Helfand
Sean O’Neal Braun
Lewis Brisbois Bisgaard & Smith LLP
24 Greenway Plaza, Suite 1400
Houston, Texas 77046
/s/ Tarek Fahmy
Tarek Fahmy