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CAUSE NO. 20 06632
JEFFERY C. LAMBERT, MD § IN THE DISTRICT COURT OF
§
§ MONTGOMERY COUNTY, TEXAS
§
LEONARD MUEHR § JUDICIAL DISTRICT
DEFENDANT’S SECOND AMENDED DESIGNATION OF EXPERT WITNESSES
Defendant LEONARD MUEHR files this Designation of Expert Witnesses, and in
that regard would respectfully designate the following individuals as expert witnesses:
DEFENDANT’S RETAINED EXPERTS
Each of the witnesses named below may testify in rebuttal to the testimony of
Plaintiff s fact and expert witnesses:
Gilbert Martinez, Ph.D., ABPP – 16014 Via Shavano San Antonio, Texas
78249 Retained europsychologist Expert
Dr. Martinez is a medical doctor and board certified neuropsychologist. Dr.
Martinez is expected to offer testimony on his expert qualifications including,
but not limited to, his education, training and experience. Dr. Martinez will review
and evaluate all medical records of Dr. Pollock including any raw data tests
results as administered by Dr. Pollock (the request for Dr. Pollock’s raw data to
be forwarded to Dr. Martinez is currently pending but not completed to date).
Further, it is expected Dr. Martinez will testify on the results of his own
neuropsychological assessment and test battery generated during clinical
evaluation of the Plaintiff, along with review of any and all medical records
relating to Plaintiff’s claimed injuries and resulting complications both
past and future and will evaluate the diagnosis, prognosis and causation
allegations as it relates specifically to claims of a traumatic brain injury or head
injury sustained by Plaintiff in the incident forming the basis of this suit.
It is anticipated Dr. Martinez will offer opinions about the allegation of a
traumatic brain injury or head injury and the extent to which he concurs that
such an injury exists, if any. This designation will also be supplemented once
Dr. Martinez completes the administering of his neuropsychological test battery,
review of Dr. Pollock medical records and raw data, and the review of medical
and educational records of Plaintiff at issue. Please see Dr. Martinez’s report of
preliminary neuropsychological record review attached hereto
Along with the previous mentioned documents, Dr. Martinez will review the
following: Petition, Plaintiff s discovery responses, deposition transcripts of
Plaintiff. Please see the CV of Dr. Martinez attached hereto
NON RETAINED EXPERTS
The physicians named below are non retained treating physicians of Plaintiff, in
the regular course of business and may testify concerning the health of Plaintiff, as well
as injuries, treatment and prognoses. In particular, Plaintiff s doctors are expected to
testify about Plaintiff s medical conditions and any disorders or illnesses present at the
time of the accident, the onset of any disorders or illnesses experienced by Plaintiff at the
time of the accident and treatment received by Plaintiff for any disorders or illnesses he
was experiencing at the time of the accident.
These opinions are based on the physicians' care and treatment of Plaintiff and
their review of medical records. Said physicians are not retained by, employed by or
otherwise subject to the control of Defendant. Please see the medical records of said
healthcare providers as well as all other medical records and reports of Plaintiff for further
information relative to the substance of such physicians' mental impressions and
opinions, as well as a brief summary of the basis for them.
The custodians listed below will testify in accordance with his/her Deposition on
Written Questions and will be called to testify that the records in question are business
records and meet the "business records" exception to the hearsay rule and, if applicable,
the amount of medical expenses of Plaintiff which have been written off or adjusted
pursuant to an agreement with the provider paying Plaintiff s medical expenses and/or
pursuant to the healthcare provider's policies and procedures.
PLAINTIFF’S MEDICAL PROVIDERS:
Baylor St. Luke’s Medical Group (Billing
And/or its Custodians of Patient Accounts
Box 679429
Dallas, Texas 75267
(877) 824 7741
Houston Methodist Hospital
The Woodlands Hospital
And/or its Custodians of Medical Records and Patient Accounts
And/or any other healthcare providers, including:
Michael Nguyen, MD
Jonathan Neal Levine, MD
Dr. Vasant Garg
Dr. Michael Donaldson Luck
17201 I 45 S
Shenandoah, Texas 77385
(936) 270 000
Woodlands Emergency Physicians (Billing)
And/or its Custodians of Patient Accounts
P.O. Box 2487
Houston, Texas 77252
281) 274 7000
Houston Methodist Hospital
And/or its Custodians of Medical Records and Patient Accounts
And/or any other healthcare providers, including:
Rob G Parrish, MD
William George Ondo, MD
Benjamin Gordon Northcutt, MD
6565 Fannin Street
Houston, Texas 77030
(713) 790 3311
Springwoods Village Family Medicine
And/or its Custodians of Medical Records and Patient Accoun
And/or any other healthcare providers, including:
Dr. Arlean Michelle Bullard
2255 E. Mossy Oaks Rd., Ste. 320
Spring, Texas 77389
(832) 534 7860
The Neurology Center
And/or its Custodians of Medical Records and Patient Accounts
And/or any other healthcare providers, including:
Dr. Igor Cherches
6655 Travis St., Ste. 600
Houston, Texas 77030
(713) 795 0074
Houston Radiology Associated (Billing)
And/or its Custodians of Medical Records and Patient Accounts
And/or any other healthcare providers:
Box 4613
Houston, Texas 77210
(281) 206 9050
INVESTIGATING RESPONDERS/OFFICERS
The following witness may testify as to liability and opinions as to causation,
damages, and facts surrounding the accident. The custodians of records will testify as to
the authenticity of records:
Deputy Matthew Sweeney, ID Num. 4P1027
Montgomery County Sheriff’s Office
#1 Criminal Justice Drive
Conroe, Texas 77301
(936) 760 5800
The custodians of records for the following witnesses may testify as to the
authenticity of records:
Texas Department of Public Safety
and/or custodian of records
PO Box 4087
Austin, Texas 78775
While not stipulating to their expertise, Defendant also identifies and may call to
testify, in person or by deposition through a Custodian of Records, certain witnesses that
Plaintiff may designate as expert witnesses. Those individuals have not been retained
by, employed by, and are not otherwise subject to the control of Defendant. Further,
Defendant does not adopt any of these individuals’ opinions by virtue of this designation.
Defendant may elicit testimony from these experts, designated and called by other parties
to the suit, by way of cross examination.
Defendants may call, and reserves the right to call, un designated rebuttal expert
witnesses, whose testimony cannot be reasonably foreseen until the presentation of
evidence in this trial.
Defendant may call persons with knowledge of relevant facts who are qualified by
their training, experience, and/or education.
Defendant reserves the right to supplement this designation with additional
designations and identification of experts within the time limits imposed by the Court, or
any alterations of same by subsequent Court Order or agreement of the parties, or
pursuant to the Texas Rules of Evidence, including but not limited to, witnesses identified
during deposition or further discovery.
Defendant reserves the right to amend or supplement this designation before trial
by amending or supplementing previously designated experts’ reports and the topics on
which they may testify.
Gilbert Martinez, Ph.D., ABPP
Texas License # 3 0743
Louisiana License # 1269
Board Certified in Clinical Neuropsychology
American Board of Professional Psychology
American Board of Clinical Neuropsychology
South Texas Neuropsychological Associate , PLLCPhone (210) 614
16014 Via Shavano Fax (210) 615
San Antonio, Texas78249glbrmart@aol.com
EDUCATION
Ph.D. in Clinical Neuropsychology, Department of Psychology,
University of Houston, University Park, Houston, Texas
Clinical Psychology Internship/Residency, Departments of Allied Health
Sciences/Psychiatry University of Texas Medical Branch at Galveston,
Galveston, T exas
M.A. in Clinical Neuropsychology, Department of Psychology
University of Houston, University Park, Houston, Texas
B.A. in Psychology/Zoology, Departments of Psychology, Zoology
University of Texas at Austin, Austin, Texas
CURRENT PROFESSIONAL POSITIONS
May 2006 Director /OwnerSouth Texas Neuropsychological Associates , PLLC, San
Present Antonio, Texas
June 2020 Consulting Rehabilitation Neuropsychologist, Warm Springs Hospital
Present System/Post Acute Medical, San Antonio, Texas
February 2012 Staff Neuropsychol ogist, Mentis Neurorehab of San Antonio/Neurorestorative,
PresentSan Antonio, Texas
January 2014 Consulting Research Neuropsychologist, University of Texas at Austin
PresentAustin, Texas
ctober Independent Practice, Clinical and Rehabilitation Neuropsychology
Present Geriatric Neuropsychology, San Antonio, Texas
July Neuropsychological Consultant,Easter Seals Vocational Brain Injury
Present Rehabilitation Program, San Antonio, Texas
OTHER PROFESSIONAL HISTORY
2020 Medical Director, Neuropsychology Services, Warm Springs
Rehabilitation/Post Acute Medical
President, Hispanic Neuropsychological Society (Multi National)
2009 Staff Rehabilitation Neuropsychologist, HealthSouth Rehabilitation Institute
of San Antonio, Texas
2012 Sub Investigator, Integra Clinical Research, San Antonio, Texas
Staff Neuropsychologist, Nix Healthcare System of San Antonio, Texas
Clinical Psychologist, Parent Child Incorporated, San Antonio, Texas
2005 Neuropsychologist, Memory Loss Clinic, San Antonio, Texas
Clinical Psychologist, LivliteSurgical Weight Loss Program , Nix
Healthcare System of San Antonio, Texas
Neuropsychologist, Neuropsychology Department, Christus Santa Rosa
Northwest Rehabilitation Hospital, San Antonio, Texas
1996 Clinical Neuropsychological Associate, Neuropsychology Department,
Transitional Learning Center, Galveston Texas
Clinical Psychology Resident, Departments of Psychiatry and Allied Health
Sciences, Department of Surgery, University of Texas Medical Branch at
Galveston, Galveston Tex
Clinical Research Associate, Neuropsychology Service, Department of
Neurology, Baylor College of Medicine, Houston Texas
Pre doctoral Clinical Intern,Department of Physical Medicine and
Rehabilitation, Southeast Memori al Hospital, Houston Texas
Pre doctoral Clinical Intern, Department of Psychiatry, Veteran’s
Administration Medical Center, Houston, Texas
Pre doctoral Clinical Intern, Outpatient Neuropsychology Service,
Institute for Reha bilitation, Houston, Texas
Pre doctoral Clinical Intern, Head Injury Unit, Del Oro Institute for
Rehabilitation, Houston, Texas
Pre doctoral Research Associate, Neuropsychology Service, Department of
Neurology, Baylor College of Medicine, Houston, Texas
Pre doctoral Research Assistant, Regional Cerebral Blood Flow Laboratory,
Veteran’s Administration Medical Center/Baylor College of Medicine,
Houston, Texas
Research Assistant, Biopsychology Research Laboratory, Department of
Psychology, University of Texas at Austin, Austin, Texas
Research Assistant, Department of Psychology, University of Texas at San
Antonio, San Antonio, Texas
TEACHING HISTORY
Teaching Fellow
Introduction to Psychology, Biopsychology
Department of Psychology, University of Houston University Park
Houston, Texas
Graduate Studen t Training Director, South Texas Neuropsychology, San
Present Antonio, Texas
PUBLICATIONS
Martinez, G. (1996). The Relationship Between Verbal Learning,
Language, Attention, and Executive Function in Chronic Brain Injury
Survivors: A Factor Analytic Study, Doctoral Dissertation, University of
Houston Press
Anderson, T.R., Thompson, J.P., Boeringa, J.A., Flores, E., Gallegos, H.,
Martinez, G. (1992). Mexican American Veterans’ Performance on the
Mississippi Scale for Combat Related PTSD: Eng lish and Spanish
Administrations. A paper presented to the EighthAnnual Meeting of the
International Society for Post Traumatic Stress Studies, Los Angeles
lifornia.
Martinez, G. (1991). Interobserver Reliability in the Judgmentof
Periventricular White Matter Hyper intensitieson Magnetic Resonance
Images in Subjects with Multi Infarct Dementia or Dementia of the
Alzheimer Type. Master’s Thesis, University of Houston Press.
Meyer, J.S., Lotfi, J., Martinez, G., Caroselli, J.S., Mortel, K.F., &
Thornby, J.I. (1990). Effects of Medical and Surgical Treatment on
Cerebral Perfusion in Patients with Chronic Cerebral Ischemia. Surgical
Neurology , 34: 301
CLINICAL RESEARCH EXPERIENCE
Sub Investigator (2007) A Randomized, Double Blind, Placebo Controlled, Dose Titration
Study to Assess the Safety, Tolerability, and Efficacy of C105 in Persons
with Multiple Sclerosis with Cognitive Impairment COGNITION
PHARMACEUTICALS
Sub Investigator (2008) A 54 week, Double Blind, Randomized, Placebo Controlled,
Parallel Group Study to Investigate the Effects of Rosiglitazone (extended
release tablets) as Adjunctive Therapy to Acetylcholinesterase Inhibitors on
Cognition and Overall Clinical Response on APOE Stratified Subjects
with Mild to Moderate Alzheimer’s Disease (REFLECT 3)
GLAXOSMITHKLINE
Sub Investigator A Phase III, Multicenter, Randomized, Double Blind, Placebo
Controlled, Parallel Group, Efficacy and Safety Trail of Bapineuzumab
(AAB 001, ELN1 15727) in Patients with Mild to Moderate Alzheimer’s
Disease who are Apolipoprotein E 4 Carriers
GRANTSAND LEADERSHIP
Texas State Board of Examiners of Psychologists, Board Service Award for
Outstanding Service and Dedication to the Board’s Mission of Protecting
the Public Through Participation in the Board’s Examinations and Serving
on it s Committees
Junior and Senior Graduate Student Representative, Doctoral
Neuropsychology Program, University of Houston University Park,
Houston, Texas
American Psychological Association Minority Fellowship Award in
Clinical Psychology. N ational Institutes of Health
OTHER RECENT PROFESSIONAL ACTIVITIES
Present Consulting Neuropsychologist, Memory, Attention, and Problem Solving
Skills for Persons with MS, Funded by The National institutes of Health
1R014362
President , Hispanic Neuropsychological Society
Oral Examiner for Doctoral Licensure, Texas State Board of Examiner s of
Psychologists, Austin,Texas
Present Member, Gerontology Advisory Board, San Antonio College, Alamo
Community College District, San Antonio, Texas
Supervisor of Licensed Professional CounselingCandidates aster Seals
Early Childhood Intervention and Vocational Brain Injury Program, San
Antonio, Texas
Presenter (Recent Lectures/Seminars):
Overview of DSM TR Clinical Criteria in the Diagnosis of Mental
Disorders
Differentiating Between Alzheimer’s and Other Dementias.
Current Status of Neuropsychological Assessment of Children.
Personality Disorders Working With Difficult Clients in a
Rehabilitation Setting.
Bereavement Following Traumatic Brain Injury.
Assessment of Cognitive Disorders in Individuals With Dementia.
Neuropsychological Assessment of the Spanish Speaking Patient.
Neuropsychological Issues in the Assessment if Individua ls with Seizure
Disorders
Management of TBI Neurobehavioral Disorders in Rehabilitation
PROFESSIONAL AFFILIATIONS
American Academy of Clinical Neuropsychology (Board Certified Full
Member)
Hispanic Neuropsychological Society (Past President)
International Neuropsychological Society
National Academy of Neuropsychology
Ame rican Psychological Association Division 41:
American Psychology Law Society
PROFESSIONAL SPECIALTIES/INTERESTS
Bilingual (Spanish) Neuropsychological Assessment of Adults and
Children
Rehabilitation Neuropsychology
Geriatric Neuropsychology
Forensic Neuropsychology
Traumatic Brain Injury, Dementia, Emotional Adjustment to Disability
Neuropsychological Assessment of Death Penalty Defendants
LICENSING
August 1997 Licensed Psychologist, State of Texas, License #
Present
February 2014 Licensed Psychologist, State of Louisiana, Specialty: Clinical
PresentNeuropsychology, License # 1297
References available upon request