Preview
Filed: 4/12/2016 4:44:44 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 10085606
By: Lisa Kelly
4/12/2016 4:50:21 PM
NO. 15-CV-0790
JONAH ALLEN YUNK § IN THE DISTRICT COURT OF
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VS. § GALVESTON COUNTY, TEXAS
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STEVEN WILLIAM WICKSTEAD § 405TH JUDICIAL DISTRICT
PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
AND SUPPLEMENT TO RESPONSE TO REQUEST FOR DISCLOSURES
COMES NOW JONAH ALLEN YUNK, Plaintiff herein, and files this Designation of
Expert Witnesses pursuant to the Docket Control Order and Tex.R.Civ.P. 194.2, and Defendants
are hereby put on notice that the following expert witnesses may be called to testify at the time of
trial, to wit:
1. Plaintiffs reserve the right to supplement this designation with additional
designation 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 Civil
Procedure and/or the Texas Rules of Civil Evidence.
2. Plaintiffs reserve the right to elicit, by way of cross-examination, opinion
testimony from experts designated and called by other parties to this suit, and express their
intention to call as witnesses associated with adverse parties any of the experts of Defendants
and/or Intervenor.
3. Plaintiffs reserve the right to call un-designated rebuttal expert witnesses whose
testimony cannot reasonably be foreseen until the presentation of the evidence in this trial.
4. Plaintiffs reserve the right to withdraw the designation of any experts and to aver
positively that any such previously designated expert will not be called as a witness at trial, and
to re-designate same as a consulting expert who cannot be called by opposing counsel.
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5. Plaintiffs reserve the right to elicit any expert opinion or lay opinion testimony at
the time of trial which would be truthful, which would be of benefit to the jury to determine
material issues of fact and which would not be a violation of any existing Court Order or the
Texas Rules of Civil Procedure.
6. Plaintiffs hereby designate, as adverse parties, potentially adverse parties, and/or
as witnesses associated with adverse parties, all parties to this suit and all experts designated by
any party to this suit, even if the designating party is not a party to the suit at the time of trial. In
the event a present or future party designates an expert but then is dismissed for any reason from
the suit or fails to call any designated expert, Plaintiffs reserve the right to designate and/or call
any such party or any such experts previously designated by any party.
7. Plaintiffs reserve whatever additional rights they might have with regard to
experts, pursuant to the Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence, the
case law construing same and the rulings of said Court.
A. NON-RETAINED EXPERTS:
1. The following non-retained medical experts will testify by deposition and/or live
and/or by medical records concerning Jonah Yunk’s medical treatment, necessity
and cause of medical treatment and charges for such treatment, need for medical
care in the future, limitations, restrictions and injuries as they may affect his loss
of earning capacity, pain, suffering and mental anguish and physical impairment,
disfigurement, and all other matters attendant thereto relating to the medical
conditions of Plaintiffs as contained, disclosed and discussed in medical records,
depositions and other written documents produced during the course of this
litigation:
Clear Lake Regional Medical Center
500 W. Medical Center Blvd
Webster, TX 77598
(281) 332-2511
c/o Healthport Shared Services
8101 West Sam Houston Parkway South. Ste 100
Houston, Texas 77072
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(855)-519-9682
(855)-519-9683 Fax
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Jeffrey Gibberman
Kindred Hospital Clear Lake
350 Blossom Street
Webster Texas
(281) 316-7800
Including but not limited to Agents, Servants, Employees and Custodians
EMS Inc
1234 Nasa Parkway
Houston TX
Including but not limited to Agents, Servants, Employees and Custodians
Acadian Ambulance Service,
PO Box 92970
Lafayette, LA
Including but not limited to Agents, Servants, Employees and Custodians
Inpatient Consultants of Texas, PLLC
4545 Post Oak Place Drive
Houston TX 77027
(713) 960-8008
(818) 753-0396 Fax
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Sabiha Ali
2014 Mabry Mill Road
Houston, TX
Including but not limited to Agents, Servants, Employees and Custodians
Interventional Pain Specialists
Dr. Chris Fuke
450 Blossom St., Ste B
Webster TX
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Khalid Mahmood/ Texas Oncology- Clear Lake
450 Blossom Street, Suite E
Webster TX
Including but not limited to Agents, Servants, Employees and Custodians
Linkia LLC
1375 Piccard Drive, Suite 300
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Rockville, MD 20850
Including but not limited to Agents, Servants, Employees and Custodians
Synergy Radiology Associates
7026 Old Katy Road #276
Houston, TX
Including but not limited to Agents, Servants, Employees and Custodians
Clear Lake Specialities PA
500 North Kobayashi Road, Suite A
Webster TX
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Maria Guidry
350 Blossom Street
Webster TX
Including but not limited to Agents, Servants, Employees and Custodians
Clear Lake Pathology Partners Ltd.
Dr. Marion Rundell
500 Medical Center Blvd. 2nd Floor
Webster, TX
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Darrell Moulton
17448 Highway 3, Suite 130
Webster, TX
Including but not limited to Agents, Servants, Employees and Custodians
Gardentown Emergency Physicians, PLLC
PO Box 98781
Las Vegas NV
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Oladapo Alade, MD
Kelsey Seybold Clinic
2727 West Holcombe Blvd.
Houston, Texas 77025
(713) 442-0000
Including but not limited to Agents, Servants, Employees and Custodians
Dr. Desiree Thomas
Dr. Sara Perez Stokes
Kelsey Seybold Clinic
560 Meyerland Plaza
Houston, TX 77096
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(713) 442-3222
Including but not limited to Agents, Servants, Employees and Custodians
2. Because Plaintiff, Jonah Yunk, has not fully recovered from his injuries,
Plaintiffs specifically reserve the right to later designate additional
medical care providers and their custodians of medical and billing records,
should Jonah Yunk receive additional medical treatment not currently
known.
B. RETAINED EXPERTS:
Donna Johnson, M.Ed., C.R.C.
801 Lipan
Corpus Christi, Texas 78401
OFC: [361] 883-7384
FAX: [361] 888-6475
Email: djvrc@infi.net
Donna Johnson is a vocation rehabilitation expert and will testify concerning
the limitations, physical impairment and loss of wage earning capacity
sustained by Jonah Yunk. Further opinions may be obtained by way of
deposition testimony. Ms. Johnson’s CV is attached hereto as Exhibit A. The
expert report is attached hereto as Exhibit B.
Ms. Johnson has reviewed or is expected to review the following and any
other documents which may be produced in this case or testimony of
additional witnesses:
a. All Medical Records of Jonah Yunk
b. Deposition of Oladapo Alade
c. Deposition of Michael Norman
d. Deposition of Jonah Yunk
e. Plaintiff’s Responses to discovery
C. FACT WITNESSES WHO MAY PROVIDE EXPERT TESTIMONY:
Plaintiffs may rely upon the opinion testimony of certain facts witnesses who, due to their
education and employment background and experiences, are qualified to give opinions in this
controversy. These witnesses, but not limited to, are listed in Plaintiffs’ and Defendants’
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Responses to Requests for Disclosure and responses to discovery in general, incorporated by
reference.
Mark A. Bryan
Friendswood Police Dept.
ID No. 84323
ORI No. TX 0840300
Investigator on the Scene
D. NON- RETAINED MEDICAL EXPERTS
Dr. Michael Norman, MD
Surgeon
350 N Texas Ave
Webster, TX 77598
(281) 616-6017
(281) 947-3037 Fax
Dr. Jeffrey Gibberman
Kindred Hospital Clear Lake
350 Blossom Street
Webster Texas
(281) 316-7800
Dr. Oladapo Alade
Dr. Desiree Thomas
Dr. Sara Perez Stokes
Kelsey Seybold Clinic
560 Meyerland Plaza
Houston, TX 77096
(713) 442-3222
E. REBUTTAL WITNESSES:
Plaintiffs reserve the right to call expert witnesses in rebuttal, whose identities and
testimony cannot reasonably be foreseen until Plaintiffs and/or other parties have presented
evidence at trial.
F. DESIGNATION OF MEDICAL DOCTORS AND NURSES:
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In addition to the above designations, Plaintiffs refer you to the medical records and
nurses notes, from which the identities of medical doctors and nurses may be determined.
Plaintiffs hereby designate such doctors, nurses and caregivers as experts who may be called to
testify as expert witness at the time of trial to prove up the reasonableness and medical necessity
of Plaintiffs’ expenses and treatments.
The “reports” of the health care providers have been provided in the form of their
medical records.
Plaintiffs specifically note that discovery in this case is ongoing. As discovery is
completed, it is possible that the designation of additional expert witnesses may be required. All
counsel will be immediately notified of any additional experts that Plaintiffs may call. The
necessity of this reservation is that the need for such testimony cannot be reasonably anticipated
until the foregoing discovery is obtained.
Plaintiffs reserve any and all additional rights they may have with regard to expert
witnesses and testimony under the Texas Rules of Civil Procedure, the Texas Rules of Evidence,
and case law and rulings of this Court.
Respectfully submitted,
THE LAW FIRM OF ALTON C. TODD
By _____ /s/ Alton C. Todd ________________
Alton C. Todd
SBOT 20092000
312 S. Friendswood Drive
Friendswood, Texas 77546
(281) 992-8633
(281) 648-8633 Facsimile
alton@actlaw.com
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CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been forwarded to all
counsel of record by regular mail, certified mail, return receipt requested, facsimile and/or email
on this the 12th day of April, 2016.
William J. Clay Via E- File
The Willis Law Group, PLLC
10440 N. Central Expressawy, Suite 520
Dallas, Texas 75231
_____ /s/ Alton C. Todd _____________
Alton C. Todd
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DONNA JOHNSON
M.Ed . , LPC, CRC, CCM, CDMS
801 Lipan , Corpus Christi , Texas 78401
Phone: (361) 883-7384 Fax: (361) 888 - 6 4 75
LICENSES & CERTIFICATIONS:
Licensed Pro fessional Counselor - Rehabi litation
License Number 2942 , 1983 to present
Certified Reh abilitation Counselor
Certificate 00000625 (#4026) , 1975 to present
Certified Case Manager
Certificate 00000625 , (#16357) 1 994 to present
Certi fied Disabi l ity Management Spec ia list
Cert ifi cate 00000625 , (#2289) 1985 to present
Certi fied Department of Labor Reha bili ta ti on Counselor
Certif i cation Number 16- 007 , 1985 to present
Vocational Expe rt; So c ial Security Administration , Office
of Disability Adjud i cation & Revi e w (f/k/a
Office of Hearings and Appeals) Number
60163 , 1980 to present
CURRENT EMPLOYMENT ACTIVITIES :
Private vocat i onal and rehabilita tio n counselor , life care
plan ner , consultant , and case manager ; February , 1982 to
present .
Assessment of vocationa l cap abiliti es , ea rning capacity
and psycholog ical aspects of disability; evaluation o f
rehabil i tation pot e ntial a nd n eeds ; dev elopment and
impl e mentation of life care p l ans fo r c a t astrophi c
injury ; case ma nageme nt; and courtroom testimon y in
a reas of effects of inj ury on vocation a l function ing ,
re habilitation n eeds , a nd costs of future care .
Department of Aging and Di sability Services ( f/k/a
Departme nt of Human Services) , Community Living Assistance
a nd Support Servi ces ; Febru ary 1995 to presen t .
Case Ma nager . Eva lu at ing a nd developing p l ans of care
to meet t h e daily needs of dis a bled individu als ,
monitoring health and equipment needs, providing crisis
intervention, coordinating commun ity resources, and
EXHIBIT
tA
Donna Johnson Page 2
CURRENT EMPLOYMENT ACTIVITIES (continued) :
implementing planned services . Coordi na ting overall
management of the plan of care .
Department of Labor, office of Workers ' Compensation
Rehabilitation Program for Southwest Region; August, 1984 to
present .
Private rehabilitation coun selor and consultant for
Department of Labor. Vocational evaluation and
assessment of work potential i ncluding a nalysis of
medical information; planning and monitoring of
vocational rehabilitation and job placement for
recipients of Federal Workers ' Compensation benefits .
Social Security Administration Office of Disability
Adjudication & Review (f/k/a Offi ce of Hearings and
Appeals) ; September, 1980 to prese nt.
Vocational expert. Vocational evaluation, including
review and analysis of claimant ' s work history , job
skills , physical conditions and transferable vocational
skills as they pertain to definitions and standards set
by Social Security Administration; includes courtroom
testimony.
PREVIOUS EMPLOYMENT:
Pain Manageme nt Vocational Counselor and Cas e Manager ,
Dynamic Evaluat ion Center, Corpus Christi; 1997 to 2003
Consu lting Vocationa l Counselor, Work Hardening Counselor
and Return to Work Coordinator, Shu l l Physical Therapy ,
Corpus Christi; 1993 to 2003
Professional Consultant/Team Manager for South Texas Area
Rehabilitation Comprehensive Day Center, Corpus Christi,
Texas ; January, 1987 to November, 1988
Texas Rehabilitation Commission, Corpus Christi, Texas;
November, 1974 through May, 1985
Senior-Supervising Counselor. Emphasis placed on
services to mentally and phy sically d isabled clients;
including vocational eva luation, assessment of work
potential, individual program planning, counseling,
Donna Johnson Page 3
PREVIOUS EMPLOYMENT (continued)
implementation and monitoring of vocational
reh abilitation programs for treatment; trai ning a nd job
placement.
Goodwill Industries, San Antonio , Texas ; July , 1972 through
November, 1974
Vocational evaluator/work adjus tment coordinator. Job
description included vocational counse ling for multiple
handicapped individuals; assessment of work potential ;
job placement and job training of clients into the
labor market and sheltered settings , vocational
evaluation and indiv idualized program planning and
implementation of plans . Performed comprehens ive
vocational eva l uation for Texas Rehabilitation
Commission-- Disabi li ty Determination Division .
Austin State School , Austin , Te xas ; July, 1 970 through J une ,
1972
Vocational counselor and job placement spec i a l ist.
Emphasis placed on counseling , utilizing behavior
modification techniques; job placement of State School
residents, development of job sites in the c ommunity.
EDUCATIONAL BACKGROUND:
Texas Department of Human Services, J ul y 1995 a n d September
1996 . Speciali zed training in dev elopme nt of individual
plans of medical and service care; methods for analyzing and
identifying comprehensiv e personal servi c e care and
rehabili tation needs ; assessment of therapeutic , adaptive
a i ds , and h orne modification n eeds; identification of
community resources, servi ce providers and vendors;
ass es s ment of cost analysi s a nd implementati on o f se rvi c e
p rovision ; a n d d eve l o pment and implementation of i ndividua l
care p l an .
Th e Reha b i l i t a t ion Tra ining Ins t it ute I n c. , June 199 0 t o
Apri l 1998 - Traini ng i n Li f e Ca r e Planing a nd Catastrophi c
Case Ma n agement . Uni ts incl uded l ife care p l a nning f o r the
he a d injured adult a nd pedi a tric ampute e ; s p ina l c or d
i n j u res; burn pa t ie nt; ve nti l ator de pe nde n t p atient ;
p e diat r ic cases. Ongoing tra ini n g t h ro ugh vari o u s seminars
and prof e ssiona l organi za ti ons .
Donna Johnson Page 4
EDUCATIONAL BACKGROUND (continued) :
Postgraduate, North Texas State University, Denton, Texas
and Corpus Christi State University, Corpus Christi, Texas;
1988-1989
Masters of Education (M.Ed.) in Rehabilitation Counseling,
Our Lady of the Lake College, San Antonio, Texas. (May,
1975). Masters program included nine-week practicum at
Woodrow Wilson Rehabilitation Center in Fisherville,
Virginia, with special emphasis on analysis of medical
records and identification of medically imposed functional
restrictions as they relate to rehabilitation and job
placement.
Bachelors of Arts Degree, major in sociology, Southwest
Texas State University, San Marcos, Texas (May, 1970).
Associate of Arts, Del Mar College, Corpus Christi, Texas
(May, 1968).
HONORS & SPECIAL APPOINTMENTS:
Counselor of the Year, United States (1986); National
Rehabilitation Counseling Association
Southwest Regional Counselor of the Year (1986); National
Rehabilitation Counseling Association
Counselor of the Year, Texas (1986); Texas Rehabilitation
Counseling Association
Recipient of the President's Meritorious Service Award
(1986); Texas Rehabilitation Association
Special Merit Award from Commissioner of Texas
Rehabilitation Commission for highest number of successful
rehabilitation closures in Region 5, South Texas (September,
1984)
Certificate of Appreciation for Outstanding Rehabilitation
Services from the Career &. Guidance Center, Austin, Texas,
April, 1984 (one of three certificates presented in past 25
years)
Recognition Award for outstanding services to the Texas
Rehabilitation Counseling Association (1981)
Donna Johnson Page 5
HONORS & SPECIAL APPOINTMENTS (continued) :
Outs t and i ng Counselor of the Year , Texas ( 197 9) ; Texas
Re h a b i l i t at i on Counseling Assoc i a ti on
YWCA nominee for outstanding achievement - Women and Men in
Careers , 1989
Consul tant to Aida Wilson Children's Hospita l , 1980 to 1988
Consul t ant to Physicians and Surgeons Hospital psychiatric
unit , 1974 to 1990
Professional Consul tant to Southside Community Hospital
Ph ys i ca l Therapy and Rehabilitation Services Workhea lth
Services , Corpus Christi , Texas ; 1991
Consul t ant to Charter Hospital a nd Bayview Hospital, 1987 to
1999
PROFESSIONAL ASSOCIATIONS :
I nternational Association of Rehabilitation Professionals in
the Private Sector , ( IARP , Formerl y NARPPS) member since
1985
Texas Associa tion of Rehabilitation Professionals in the
Private Sector , member since 1985; Annual Conference
Chairperson, 1993
Internat i onal Acade my of Li fe Care Planners, member since
2000
National Rehabilit ation Association , member since 1972
Texas Rehabilitat ion Association , member since 1972 ; member
of Board of Dire c tors , 1981 to 1984; Annual Conference
Chairperson (1986)
National Rehabili tation Counseling Association, member s ince
1972; t reasurer of Southwest Region , 1982 to 1983
Te xas Rehabilita tion Counseling Association, membe r si n ce
1972 ; Regional Chairperson , 1978 to 1 980 ; Secretary-
Treasurer , 1 980 to 1 982 ; Professional Deve l opment
Chairperson , 198 2 to 1988
Donna Johnson Page 6
PROFESSIONAL ASSOCIATIONS (continued) :
Member of Mental Health Assistant Advisory Board of Del Mar
College, 1976 to 1988
Member of the Professional Advisory Board of Nueces County
Mental Health/Mental Retardation, 1979 to 1988
Corpus Christi Citizens for the Retarded, member since 1979;
member of the Board of Directors, 1980 to 1982
Coalition of Texans with Disabilities, member 1981 to 2000
Texas Head Injury Foundation, member to 2004
Revised 10/11
DONNA JOHNSON, M.Ed., L.P.C., C.R.C., P.A.
Vocational & Di sability Consultant
Mailing Address (361) 883-7384
15338 S. Padre Island Dr. FAX (36 1) 888-6475
PMBJ\-15 80 1 Lipan
Corpus Chri sti, Corpus Christi,
Texas 784 18 Texas 7840 1
April 1 2 , 2016
RE: Jonah Allen Yunk
SS#: XXX-XX-22 12
DOB: 06/07/94
DOI : 07/14/ 15
In troduction :
The above referenced f il e was referred by a t torne y Al ton C. Todd
for review a nd opinions regarding Mr. Yunk's empl oyability . Mr.
Yunk was i nterviewed on 03/18/16.
The fo l lowing documents were provi ded for r eview : Two voi ce
re cordings ; Medi cal records from Acadi an Ambul ance Service ,
Clear Lake Regional Medical Center (Vol . 1-3), Clear Lake Rehab
Hospita l , Inpa ti ent Consultant s , Linkia LLC, Windsor EMS , and
Kindred Rehab .
These r ecords have bee n studied a nd along with the in f ormati on
secured during the interview are the fac t ual basis fo r t he
opinions offe red at this t i me.
Medical:
A r eview of the available medica l records reveals that Jonah
All e n Yunk was involved in a mot or ve hicle accide n L on 07/14/1 5 .
He was transported to Clear Lake Reg i onal Medical Center ,
intubated in the emerge ncy room , and assess e d wit..h a grade 2
left rena l laceration and grade 1 right rena l lacerat i on with
retroperitoneal h ematoma , a left iliac wing fracture , left
EXHIBIT
I 8
JONAH ALLEN YUNK
April 12 , 2016
Page 2
supe r ior sacral f racture , left ace tabu l ar f rac t ure , right pubic
fract ures, left medial mal l eol u s fracture., small righ t apical
pneumothorax , pneumomediastinum, l eft 11th rib fracture and left
ankle fracture . Urology was con sul ted a nd a 3-way Fo l ey
ca the ter was placed . He was diagnosed wi th pulmonary con tu s i on
and myocardial contusions . He was placed on a venti la tor. On
07/14/15 , he underwent an e xploratory laparotomy a nd a
sp l enectomy performed by Dr . Norman. He also required a co il
e mbo l iza tion of branch of the hypogastric artery and a washout
of the abdomen . Conservative treatment was chosen for t he an k l e
fracture . He progressed slowly a nd r equired a second surgery
with wound VAC placement. He was discharged t o a r ehabi l itation
facility on 07/25/15 . He was a mbula ting wit h a walker and was
non-weight bearing to the l eft lower extremi t y. He was to
fo llow-up with trauma surgery and orthopedic surgery.
Mr. Yunk was admitted to Kindred Rehabilitation Hospi ta l Clea r
Lake on 07/25/15 with admitt ing d iagnoses o f ( 1) MVA , mult i-
trauma ; (2) recent hemorrh ag i c shock; (3) stat us pos t
r espira tory failure; ( 4) splenic lace ration , status post
splenectomy; ( 5) bilateral renal l acerations ; ( 6) multiple
b il ateral pel vic fract u res ; ( 7) l e ft medial malleolar fracture ;
(8) uncontroll ed pain; (9) d ebili ty : (10) weakness ; (11) r et ro
peritoneal hematoma; (12) status post branch of hypogastric
arte ry coil ing; ( 13) pulmonary contusion ; ( 1 4) myo cardial
c ontu sion ; (15) insomnia; (16) unsteady gait; and (17 ) bladder
irritation . He was provide d speech , physi cal and occupat i o nal
therapy, diagnost i c s tudies , re h ab nursing for assistanc e for
ADL ' s , me dicat ions, a nd wo und care . He was non -we i g h t bearing on
the l eft a nd weightbearing as tolerated on the r i g ht lower
e xtre mity. He was disch a rg e d on 08/07/15 .
While hospitali z ed at Kindred , he was a ssessed wi t h mi ld
traumat i c bra i n injury . He h ad d ecr e as e d me mo ry cogni t i o n a nd
problem so lving i ss u es . Th e MRI s h o wed s ma ll punctate areas of
i ncreased s ignal in t h e d eep wh i te matter of t he centrum
semiova l e con s i stent wit h a s h ear injury . At th e time of
discharge , h e was improved and plan s we r e to send him to TI RR
for hi s b r a in injury; h o wever , t h e r e wa s no f u n d ing . Alternate
plans were made to send him to Kindred Outpa tient
JONAH ALLEN YUNK
April 12, 201 6
Page 3
Rehabilitation. He was to participate in physical , occupational
and speech therapy a nd follow up with trauma surgery, wound
care , pain management , neurology and orthopedic surgery.
Persona l /Socia l /Educationa l :
Jonah Allen Yunk is twenty-one years old, singl e , has no
children and live s in Friendswood, Texas with his parents . He
is 5'11 " tall, weighs approximately 170 pounds and is right hand
dominant . He has a valid Class C Texas driver ' s l icense. He
was born in Texas City. He does not smoke, has no histo r y of
drug or alcohol abus e or psychological treatment and has not
encountered difficulty with legal authorities.
Mr. Yunk gradua t ed from Friendswood High School and was
reportedly an A, B and C student .
Work History:
Mr. Yunk most recently worked f or Coastal Maintenance Inc. as a
tractor mechan i c. He was paid $12 . 15 hour plus a bonus when the
quota was met. Mr. Yunk had worked for this company since he
was in high school on a periodic basis. He worked for the
company on and off for three or four years. He worked 40 to 55
hours a week after high school graduation .
Other work includes employment with Witch Wich as a sandwich
maker whi l e in hi gh school for about five months. He worked at
H. E.B . as a bagger for five month s . He worked with his father
changing tires, mowing and doing other s imilar tasks around the
age of 15.
Mr . Yun k' s fa ther i s a ta xidermi st a nd o wne r o f Duc ks-N-Buc ks.
He h as l e a r ne d t h e b us iness from hi s f ath e r over t he l as t four
ye ars and does some taxidermy work. He adv i sed h e mo st l y does a
European moun t whi c h is t h e sku l l and horns of t h e d eer . He is
paid $225. 00 f or e a c h on e.
Prior to the accident , he had app l i ed t o work for Cente r Po i nt
Energy as a cab l e splicer through t h e I .B . E.W. 66. He was
J ONAH ALLEN YUNK
April 12, 2016
Page 4
ca l led for an interview while h e was in the hospital. He would
have attended pole cl i mbing school for three months at $17 . 41
per hour; a helper for 12 months at $20 .7 5 p e r hour; an
apprentice for 24 months at $ 28 . 08 per hour; and then a
journeyman cable splicer at $38.00 per hour. It is noted that
he would have had overtime of an additional 1 , 000 hours of
straight time . He advised a f ri end had put in a good word for
him with the employer and he had an excellent chance of gett i ng
the job based upon his physical ability, prior work exp erien ce ,
and education .
Client Comme n ts :
Mr . Yunk advised his current medications include Tizanidine 4 mg
every 8 hours , Gabapentin 100 mg every 8 hours, Meloxicam and
Amitriptil ine at night.
Mr . Yunk advised h e has trouble sleeping a nd wakes up about 5
a . m. every morning in lots of pain. He advi sed he has rea lly
struggled with t he pain and prescribe d medications. He was
give n strong pain medica t ion in the hospital and had bad side
effects including halluc ina tions. He continued on strong
narcotic medication unt il about two weeks ago when it was
stopped and now hi s body i s struggling to get to an even pace.
He mostly has pain in his ankle and calf. His foot is
hyper sensi tive. He cannot stand on concrete as it increases his
pain . He has very bad days whe r e he cannot do mu c h as walking
hu rts more than other da ys. He cann ot r un.
Findings and Opin i ons :
Jonah Al l en Yunk i s twenty-one years old , lives in Friend swood ,
Texas and has worked as a tractor mechanic, sandwich maker ,
groc e ry bagger and part-time taxidermist.
Mr . Yunk was i nvolved i n a mo tor vehicl e accident on 07/14/15 .
He r equired extended hospitalization. He r eceived physician
eva l uations , diagnostic studies , mu l tip l e surgeri es , me dica ti on,
physical, occ upat i o na l an d speech therapy, inpatient and
outpatie nt rehabil itation .
JONAH ALLEN YUNK
April 12, 2016
Page 5
In the accident of 07/14/15, Mr. Yunk suffered multi-trauma,
including hemorrhagic shock, multiple pelvic fractures, a left
medial malleolus fracture, grade 1 liver laceration, kidney
laceration, splenic laceration, gait abnormality, generalized
weakness, and uncontrolled pain. He had a prolonged stay and
was in the ICU for approximately one week. He had respiratory
failure, pulmonary contusion, myocardial contusion and bladder
irritation. He was hospitalized at Clear Lake Regional Hospital
from July 14 to July 25, 2015 and Kindred Rehabilitation
Hospital from July 25 to August 7, 2015.
Mr. Yunk's physical capacity for work has not yet been
established. With a return to light work he would not be able
to return to his prior work as a tractor mechanic. He will not
physically qualify for the job at Center Point Energy due to the
residual physical limitations to his pelvis, left leg/foot and
pain. Mr. Yunk has chronic daily pain, some days worse than
others. He continues on medications which could prevent him
from securing employment with some employers.
It is not clear from the medical record if Mr. Yunk has reached
maximum medical improvement. Based upon his comments to me, he
requires additional medical treatment.
At this time, Mr. Yunk is not competitively employable and
requires additional therapy and medical treatment. Additional
medical records have been requested as he has had treatment
since his discharge from Kindred in August of 2015.
Mr. Yunk has been unable to work since 07/14/15, except for
occasional light work tasks for his father. As he is a younger
worker with only a limited work history, his true earning
capacity had not yet been established. Mr. Yunk had the physical
strPngth nnd ability to perform work nt n I I physi c:nl demand
level. Since the accident he is no longer able to perform
physically demanding work at the medium, heavy or very heavy
level and cannot tolerate prolonged walking, cannot run or
climb. The work he does with his father is unpredictable and
seasonal. At this time, with a light work capacity he is an
JONAH ALLEN YUNK
April 12, 2016
Page 6
unskilled entry level wage worker. There is no doubt that the
accident prevented him from getting the job at Center Pont
Energy which would have offered higher wages and a career path
to wages of $38.00 an hour or more.
Please consider this a preliminary report. I reserve the right
to amend this report and as additional information becomes
available I will update my report accordingly.
Respectfully submitted,
Donna Johnson
M.Ed.,L.P.C.,C.R.C.,C.C.M.,C.D.M.S.
Rehabilitation Counselor
DJ/pl
Preview
Filed: 4/12/2016 4:44:44 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 10085606 By: Lisa Kelly 4/12/2016 4:50:21 PM NO. 15-CV-0790 JONAH ALLEN YUNK § IN THE DISTRICT COURT OF § § VS. § GALVESTON COUNTY, TEXAS § § STEVEN WILLIAM WICKSTEAD § 405TH JUDICIAL DISTRICT PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES AND SUPPLEMENT TO RESPONSE TO REQUEST FOR DISCLOSURES COMES NOW JONAH ALLEN YUNK, Plaintiff herein, and files this Designation of Expert Witnesses pursuant to the Docket Control Order and Tex.R.Civ.P. 194.2, and Defendants are hereby put on notice that the following expert witnesses may be called to testify at the time of trial, to wit: 1. Plaintiffs reserve the right to supplement this designation with additional designation 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 Civil Procedure and/or the Texas Rules of Civil Evidence. 2. Plaintiffs reserve the right to elicit, by way of cross-examination, opinion testimony from experts designated and called by other parties to this suit, and express their intention to call as witnesses associated with adverse parties any of the experts of Defendants and/or Intervenor. 3. Plaintiffs reserve the right to call un-designated rebuttal expert witnesses whose testimony cannot reasonably be foreseen until the presentation of the evidence in this trial. 4. Plaintiffs reserve the right to withdraw the designation of any experts and to aver positively that any such previously designated expert will not be called as a witness at trial, and to re-designate same as a consulting expert who cannot be called by opposing counsel. 1 5. Plaintiffs reserve the right to elicit any expert opinion or lay opinion testimony at the time of trial which would be truthful, which would be of benefit to the jury to determine material issues of fact and which would not be a violation of any existing Court Order or the Texas Rules of Civil Procedure. 6. Plaintiffs hereby designate, as adverse parties, potentially adverse parties, and/or as witnesses associated with adverse parties, all parties to this suit and all experts designated by any party to this suit, even if the designating party is not a party to the suit at the time of trial. In the event a present or future party designates an expert but then is dismissed for any reason from the suit or fails to call any designated expert, Plaintiffs reserve the right to designate and/or call any such party or any such experts previously designated by any party. 7. Plaintiffs reserve whatever additional rights they might have with regard to experts, pursuant to the Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence, the case law construing same and the rulings of said Court. A. NON-RETAINED EXPERTS: 1. The following non-retained medical experts will testify by deposition and/or live and/or by medical records concerning Jonah Yunk’s medical treatment, necessity and cause of medical treatment and charges for such treatment, need for medical care in the future, limitations, restrictions and injuries as they may affect his loss of earning capacity, pain, suffering and mental anguish and physical impairment, disfigurement, and all other matters attendant thereto relating to the medical conditions of Plaintiffs as contained, disclosed and discussed in medical records, depositions and other written documents produced during the course of this litigation: Clear Lake Regional Medical Center 500 W. Medical Center Blvd Webster, TX 77598 (281) 332-2511 c/o Healthport Shared Services 8101 West Sam Houston Parkway South. Ste 100 Houston, Texas 77072 2 (855)-519-9682 (855)-519-9683 Fax Including but not limited to Agents, Servants, Employees and Custodians Dr. Jeffrey Gibberman Kindred Hospital Clear Lake 350 Blossom Street Webster Texas (281) 316-7800 Including but not limited to Agents, Servants, Employees and Custodians EMS Inc 1234 Nasa Parkway Houston TX Including but not limited to Agents, Servants, Employees and Custodians Acadian Ambulance Service, PO Box 92970 Lafayette, LA Including but not limited to Agents, Servants, Employees and Custodians Inpatient Consultants of Texas, PLLC 4545 Post Oak Place Drive Houston TX 77027 (713) 960-8008 (818) 753-0396 Fax Including but not limited to Agents, Servants, Employees and Custodians Dr. Sabiha Ali 2014 Mabry Mill Road Houston, TX Including but not limited to Agents, Servants, Employees and Custodians Interventional Pain Specialists Dr. Chris Fuke 450 Blossom St., Ste B Webster TX Including but not limited to Agents, Servants, Employees and Custodians Dr. Khalid Mahmood/ Texas Oncology- Clear Lake 450 Blossom Street, Suite E Webster TX Including but not limited to Agents, Servants, Employees and Custodians Linkia LLC 1375 Piccard Drive, Suite 300 3 Rockville, MD 20850 Including but not limited to Agents, Servants, Employees and Custodians Synergy Radiology Associates 7026 Old Katy Road #276 Houston, TX Including but not limited to Agents, Servants, Employees and Custodians Clear Lake Specialities PA 500 North Kobayashi Road, Suite A Webster TX Including but not limited to Agents, Servants, Employees and Custodians Dr. Maria Guidry 350 Blossom Street Webster TX Including but not limited to Agents, Servants, Employees and Custodians Clear Lake Pathology Partners Ltd. Dr. Marion Rundell 500 Medical Center Blvd. 2nd Floor Webster, TX Including but not limited to Agents, Servants, Employees and Custodians Dr. Darrell Moulton 17448 Highway 3, Suite 130 Webster, TX Including but not limited to Agents, Servants, Employees and Custodians Gardentown Emergency Physicians, PLLC PO Box 98781 Las Vegas NV Including but not limited to Agents, Servants, Employees and Custodians Dr. Oladapo Alade, MD Kelsey Seybold Clinic 2727 West Holcombe Blvd. Houston, Texas 77025 (713) 442-0000 Including but not limited to Agents, Servants, Employees and Custodians Dr. Desiree Thomas Dr. Sara Perez Stokes Kelsey Seybold Clinic 560 Meyerland Plaza Houston, TX 77096 4 (713) 442-3222 Including but not limited to Agents, Servants, Employees and Custodians 2. Because Plaintiff, Jonah Yunk, has not fully recovered from his injuries, Plaintiffs specifically reserve the right to later designate additional medical care providers and their custodians of medical and billing records, should Jonah Yunk receive additional medical treatment not currently known. B. RETAINED EXPERTS: Donna Johnson, M.Ed., C.R.C. 801 Lipan Corpus Christi, Texas 78401 OFC: [361] 883-7384 FAX: [361] 888-6475 Email: djvrc@infi.net Donna Johnson is a vocation rehabilitation expert and will testify concerning the limitations, physical impairment and loss of wage earning capacity sustained by Jonah Yunk. Further opinions may be obtained by way of deposition testimony. Ms. Johnson’s CV is attached hereto as Exhibit A. The expert report is attached hereto as Exhibit B. Ms. Johnson has reviewed or is expected to review the following and any other documents which may be produced in this case or testimony of additional witnesses: a. All Medical Records of Jonah Yunk b. Deposition of Oladapo Alade c. Deposition of Michael Norman d. Deposition of Jonah Yunk e. Plaintiff’s Responses to discovery C. FACT WITNESSES WHO MAY PROVIDE EXPERT TESTIMONY: Plaintiffs may rely upon the opinion testimony of certain facts witnesses who, due to their education and employment background and experiences, are qualified to give opinions in this controversy. These witnesses, but not limited to, are listed in Plaintiffs’ and Defendants’ 5 Responses to Requests for Disclosure and responses to discovery in general, incorporated by reference. Mark A. Bryan Friendswood Police Dept. ID No. 84323 ORI No. TX 0840300 Investigator on the Scene D. NON- RETAINED MEDICAL EXPERTS Dr. Michael Norman, MD Surgeon 350 N Texas Ave Webster, TX 77598 (281) 616-6017 (281) 947-3037 Fax Dr. Jeffrey Gibberman Kindred Hospital Clear Lake 350 Blossom Street Webster Texas (281) 316-7800 Dr. Oladapo Alade Dr. Desiree Thomas Dr. Sara Perez Stokes Kelsey Seybold Clinic 560 Meyerland Plaza Houston, TX 77096 (713) 442-3222 E. REBUTTAL WITNESSES: Plaintiffs reserve the right to call expert witnesses in rebuttal, whose identities and testimony cannot reasonably be foreseen until Plaintiffs and/or other parties have presented evidence at trial. F. DESIGNATION OF MEDICAL DOCTORS AND NURSES: 6 In addition to the above designations, Plaintiffs refer you to the medical records and nurses notes, from which the identities of medical doctors and nurses may be determined. Plaintiffs hereby designate such doctors, nurses and caregivers as experts who may be called to testify as expert witness at the time of trial to prove up the reasonableness and medical necessity of Plaintiffs’ expenses and treatments. The “reports” of the health care providers have been provided in the form of their medical records. Plaintiffs specifically note that discovery in this case is ongoing. As discovery is completed, it is possible that the designation of additional expert witnesses may be required. All counsel will be immediately notified of any additional experts that Plaintiffs may call. The necessity of this reservation is that the need for such testimony cannot be reasonably anticipated until the foregoing discovery is obtained. Plaintiffs reserve any and all additional rights they may have with regard to expert witnesses and testimony under the Texas Rules of Civil Procedure, the Texas Rules of Evidence, and case law and rulings of this Court. Respectfully submitted, THE LAW FIRM OF ALTON C. TODD By _____ /s/ Alton C. Todd ________________ Alton C. Todd SBOT 20092000 312 S. Friendswood Drive Friendswood, Texas 77546 (281) 992-8633 (281) 648-8633 Facsimile alton@actlaw.com 7 CERTIFICATE OF SERVICE I certify that a true and correct copy of the foregoing has been forwarded to all counsel of record by regular mail, certified mail, return receipt requested, facsimile and/or email on this the 12th day of April, 2016. William J. Clay Via E- File The Willis Law Group, PLLC 10440 N. Central Expressawy, Suite 520 Dallas, Texas 75231 _____ /s/ Alton C. Todd _____________ Alton C. Todd 8 DONNA JOHNSON M.Ed . , LPC, CRC, CCM, CDMS 801 Lipan , Corpus Christi , Texas 78401 Phone: (361) 883-7384 Fax: (361) 888 - 6 4 75 LICENSES & CERTIFICATIONS: Licensed Pro fessional Counselor - Rehabi litation License Number 2942 , 1983 to present Certified Reh abilitation Counselor Certificate 00000625 (#4026) , 1975 to present Certified Case Manager Certificate 00000625 , (#16357) 1 994 to present Certi fied Disabi l ity Management Spec ia list Cert ifi cate 00000625 , (#2289) 1985 to present Certi fied Department of Labor Reha bili ta ti on Counselor Certif i cation Number 16- 007 , 1985 to present Vocational Expe rt; So c ial Security Administration , Office of Disability Adjud i cation & Revi e w (f/k/a Office of Hearings and Appeals) Number 60163 , 1980 to present CURRENT EMPLOYMENT ACTIVITIES : Private vocat i onal and rehabilita tio n counselor , life care plan ner , consultant , and case manager ; February , 1982 to present . Assessment of vocationa l cap abiliti es , ea rning capacity and psycholog ical aspects of disability; evaluation o f rehabil i tation pot e ntial a nd n eeds ; dev elopment and impl e mentation of life care p l ans fo r c a t astrophi c injury ; case ma nageme nt; and courtroom testimon y in a reas of effects of inj ury on vocation a l function ing , re habilitation n eeds , a nd costs of future care . Department of Aging and Di sability Services ( f/k/a Departme nt of Human Services) , Community Living Assistance a nd Support Servi ces ; Febru ary 1995 to presen t . Case Ma nager . Eva lu at ing a nd developing p l ans of care to meet t h e daily needs of dis a bled individu als , monitoring health and equipment needs, providing crisis intervention, coordinating commun ity resources, and EXHIBIT tA Donna Johnson Page 2 CURRENT EMPLOYMENT ACTIVITIES (continued) : implementing planned services . Coordi na ting overall management of the plan of care . Department of Labor, office of Workers ' Compensation Rehabilitation Program for Southwest Region; August, 1984 to present . Private rehabilitation coun selor and consultant for Department of Labor. Vocational evaluation and assessment of work potential i ncluding a nalysis of medical information; planning and monitoring of vocational rehabilitation and job placement for recipients of Federal Workers ' Compensation benefits . Social Security Administration Office of Disability Adjudication & Review (f/k/a Offi ce of Hearings and Appeals) ; September, 1980 to prese nt. Vocational expert. Vocational evaluation, including review and analysis of claimant ' s work history , job skills , physical conditions and transferable vocational skills as they pertain to definitions and standards set by Social Security Administration; includes courtroom testimony. PREVIOUS EMPLOYMENT: Pain Manageme nt Vocational Counselor and Cas e Manager , Dynamic Evaluat ion Center, Corpus Christi; 1997 to 2003 Consu lting Vocationa l Counselor, Work Hardening Counselor and Return to Work Coordinator, Shu l l Physical Therapy , Corpus Christi; 1993 to 2003 Professional Consultant/Team Manager for South Texas Area Rehabilitation Comprehensive Day Center, Corpus Christi, Texas ; January, 1987 to November, 1988 Texas Rehabilitation Commission, Corpus Christi, Texas; November, 1974 through May, 1985 Senior-Supervising Counselor. Emphasis placed on services to mentally and phy sically d isabled clients; including vocational eva luation, assessment of work potential, individual program planning, counseling, Donna Johnson Page 3 PREVIOUS EMPLOYMENT (continued) implementation and monitoring of vocational reh abilitation programs for treatment; trai ning a nd job placement. Goodwill Industries, San Antonio , Texas ; July , 1972 through November, 1974 Vocational evaluator/work adjus tment coordinator. Job description included vocational counse ling for multiple handicapped individuals; assessment of work potential ; job placement and job training of clients into the labor market and sheltered settings , vocational evaluation and indiv idualized program planning and implementation of plans . Performed comprehens ive vocational eva l uation for Texas Rehabilitation Commission-- Disabi li ty Determination Division . Austin State School , Austin , Te xas ; July, 1 970 through J une , 1972 Vocational counselor and job placement spec i a l ist. Emphasis placed on counseling , utilizing behavior modification techniques; job placement of State School residents, development of job sites in the c ommunity. EDUCATIONAL BACKGROUND: Texas Department of Human Services, J ul y 1995 a n d September 1996 . Speciali zed training in dev elopme nt of individual plans of medical and service care; methods for analyzing and identifying comprehensiv e personal servi c e care and rehabili tation needs ; assessment of therapeutic , adaptive a i ds , and h orne modification n eeds; identification of community resources, servi ce providers and vendors; ass es s ment of cost analysi s a nd implementati on o f se rvi c e p rovision ; a n d d eve l o pment and implementation of i ndividua l care p l an . Th e Reha b i l i t a t ion Tra ining Ins t it ute I n c. , June 199 0 t o Apri l 1998 - Traini ng i n Li f e Ca r e Planing a nd Catastrophi c Case Ma n agement . Uni ts incl uded l ife care p l a nning f o r the he a d injured adult a nd pedi a tric ampute e ; s p ina l c or d i n j u res; burn pa t ie nt; ve nti l ator de pe nde n t p atient ; p e diat r ic cases. Ongoing tra ini n g t h ro ugh vari o u s seminars and prof e ssiona l organi za ti ons . Donna Johnson Page 4 EDUCATIONAL BACKGROUND (continued) : Postgraduate, North Texas State University, Denton, Texas and Corpus Christi State University, Corpus Christi, Texas; 1988-1989 Masters of Education (M.Ed.) in Rehabilitation Counseling, Our Lady of the Lake College, San Antonio, Texas. (May, 1975). Masters program included nine-week practicum at Woodrow Wilson Rehabilitation Center in Fisherville, Virginia, with special emphasis on analysis of medical records and identification of medically imposed functional restrictions as they relate to rehabilitation and job placement. Bachelors of Arts Degree, major in sociology, Southwest Texas State University, San Marcos, Texas (May, 1970). Associate of Arts, Del Mar College, Corpus Christi, Texas (May, 1968). HONORS & SPECIAL APPOINTMENTS: Counselor of the Year, United States (1986); National Rehabilitation Counseling Association Southwest Regional Counselor of the Year (1986); National Rehabilitation Counseling Association Counselor of the Year, Texas (1986); Texas Rehabilitation Counseling Association Recipient of the President's Meritorious Service Award (1986); Texas Rehabilitation Association Special Merit Award from Commissioner of Texas Rehabilitation Commission for highest number of successful rehabilitation closures in Region 5, South Texas (September, 1984) Certificate of Appreciation for Outstanding Rehabilitation Services from the Career &. Guidance Center, Austin, Texas, April, 1984 (one of three certificates presented in past 25 years) Recognition Award for outstanding services to the Texas Rehabilitation Counseling Association (1981) Donna Johnson Page 5 HONORS & SPECIAL APPOINTMENTS (continued) : Outs t and i ng Counselor of the Year , Texas ( 197 9) ; Texas Re h a b i l i t at i on Counseling Assoc i a ti on YWCA nominee for outstanding achievement - Women and Men in Careers , 1989 Consul tant to Aida Wilson Children's Hospita l , 1980 to 1988 Consul t ant to Physicians and Surgeons Hospital psychiatric unit , 1974 to 1990 Professional Consul tant to Southside Community Hospital Ph ys i ca l Therapy and Rehabilitation Services Workhea lth Services , Corpus Christi , Texas ; 1991 Consul t ant to Charter Hospital a nd Bayview Hospital, 1987 to 1999 PROFESSIONAL ASSOCIATIONS : I nternational Association of Rehabilitation Professionals in the Private Sector , ( IARP , Formerl y NARPPS) member since 1985 Texas Associa tion of Rehabilitation Professionals in the Private Sector , member since 1985; Annual Conference Chairperson, 1993 Internat i onal Acade my of Li fe Care Planners, member since 2000 National Rehabilit ation Association , member since 1972 Texas Rehabilitat ion Association , member since 1972 ; member of Board of Dire c tors , 1981 to 1984; Annual Conference Chairperson (1986) National Rehabili tation Counseling Association, member s ince 1972; t reasurer of Southwest Region , 1982 to 1983 Te xas Rehabilita tion Counseling Association, membe r si n ce 1972 ; Regional Chairperson , 1978 to 1 980 ; Secretary- Treasurer , 1 980 to 1 982 ; Professional Deve l opment Chairperson , 198 2 to 1988 Donna Johnson Page 6 PROFESSIONAL ASSOCIATIONS (continued) : Member of Mental Health Assistant Advisory Board of Del Mar College, 1976 to 1988 Member of the Professional Advisory Board of Nueces County Mental Health/Mental Retardation, 1979 to 1988 Corpus Christi Citizens for the Retarded, member since 1979; member of the Board of Directors, 1980 to 1982 Coalition of Texans with Disabilities, member 1981 to 2000 Texas Head Injury Foundation, member to 2004 Revised 10/11 DONNA JOHNSON, M.Ed., L.P.C., C.R.C., P.A. Vocational & Di sability Consultant Mailing Address (361) 883-7384 15338 S. Padre Island Dr. FAX (36 1) 888-6475 PMBJ\-15 80 1 Lipan Corpus Chri sti, Corpus Christi, Texas 784 18 Texas 7840 1 April 1 2 , 2016 RE: Jonah Allen Yunk SS#: XXX-XX-22 12 DOB: 06/07/94 DOI : 07/14/ 15 In troduction : The above referenced f il e was referred by a t torne y Al ton C. Todd for review a nd opinions regarding Mr. Yunk's empl oyability . Mr. Yunk was i nterviewed on 03/18/16. The fo l lowing documents were provi ded for r eview : Two voi ce re cordings ; Medi cal records from Acadi an Ambul ance Service , Clear Lake Regional Medical Center (Vol . 1-3), Clear Lake Rehab Hospita l , Inpa ti ent Consultant s , Linkia LLC, Windsor EMS , and Kindred Rehab . These r ecords have bee n studied a nd along with the in f ormati on secured during the interview are the fac t ual basis fo r t he opinions offe red at this t i me. Medical: A r eview of the available medica l records reveals that Jonah All e n Yunk was involved in a mot or ve hicle accide n L on 07/14/1 5 . He was transported to Clear Lake Reg i onal Medical Center , intubated in the emerge ncy room , and assess e d wit..h a grade 2 left rena l laceration and grade 1 right rena l lacerat i on with retroperitoneal h ematoma , a left iliac wing fracture , left EXHIBIT I 8 JONAH ALLEN YUNK April 12 , 2016 Page 2 supe r ior sacral f racture , left ace tabu l ar f rac t ure , right pubic fract ures, left medial mal l eol u s fracture., small righ t apical pneumothorax , pneumomediastinum, l eft 11th rib fracture and left ankle fracture . Urology was con sul ted a nd a 3-way Fo l ey ca the ter was placed . He was diagnosed wi th pulmonary con tu s i on and myocardial contusions . He was placed on a venti la tor. On 07/14/15 , he underwent an e xploratory laparotomy a nd a sp l enectomy performed by Dr . Norman. He also required a co il e mbo l iza tion of branch of the hypogastric artery and a washout of the abdomen . Conservative treatment was chosen for t he an k l e fracture . He progressed slowly a nd r equired a second surgery with wound VAC placement. He was discharged t o a r ehabi l itation facility on 07/25/15 . He was a mbula ting wit h a walker and was non-weight bearing to the l eft lower extremi t y. He was to fo llow-up with trauma surgery and orthopedic surgery. Mr. Yunk was admitted to Kindred Rehabilitation Hospi ta l Clea r Lake on 07/25/15 with admitt ing d iagnoses o f ( 1) MVA , mult i- trauma ; (2) recent hemorrh ag i c shock; (3) stat us pos t r espira tory failure; ( 4) splenic lace ration , status post splenectomy; ( 5) bilateral renal l acerations ; ( 6) multiple b il ateral pel vic fract u res ; ( 7) l e ft medial malleolar fracture ; (8) uncontroll ed pain; (9) d ebili ty : (10) weakness ; (11) r et ro peritoneal hematoma; (12) status post branch of hypogastric arte ry coil ing; ( 13) pulmonary contusion ; ( 1 4) myo cardial c ontu sion ; (15) insomnia; (16) unsteady gait; and (17 ) bladder irritation . He was provide d speech , physi cal and occupat i o nal therapy, diagnost i c s tudies , re h ab nursing for assistanc e for ADL ' s , me dicat ions, a nd wo und care . He was non -we i g h t bearing on the l eft a nd weightbearing as tolerated on the r i g ht lower e xtre mity. He was disch a rg e d on 08/07/15 . While hospitali z ed at Kindred , he was a ssessed wi t h mi ld traumat i c bra i n injury . He h ad d ecr e as e d me mo ry cogni t i o n a nd problem so lving i ss u es . Th e MRI s h o wed s ma ll punctate areas of i ncreased s ignal in t h e d eep wh i te matter of t he centrum semiova l e con s i stent wit h a s h ear injury . At th e time of discharge , h e was improved and plan s we r e to send him to TI RR for hi s b r a in injury; h o wever , t h e r e wa s no f u n d ing . Alternate plans were made to send him to Kindred Outpa tient JONAH ALLEN YUNK April 12, 201 6 Page 3 Rehabilitation. He was to participate in physical , occupational and speech therapy a nd follow up with trauma surgery, wound care , pain management , neurology and orthopedic surgery. Persona l /Socia l /Educationa l : Jonah Allen Yunk is twenty-one years old, singl e , has no children and live s in Friendswood, Texas with his parents . He is 5'11 " tall, weighs approximately 170 pounds and is right hand dominant . He has a valid Class C Texas driver ' s l icense. He was born in Texas City. He does not smoke, has no histo r y of drug or alcohol abus e or psychological treatment and has not encountered difficulty with legal authorities. Mr. Yunk gradua t ed from Friendswood High School and was reportedly an A, B and C student . Work History: Mr. Yunk most recently worked f or Coastal Maintenance Inc. as a tractor mechan i c. He was paid $12 . 15 hour plus a bonus when the quota was met. Mr. Yunk had worked for this company since he was in high school on a periodic basis. He worked for the company on and off for three or four years. He worked 40 to 55 hours a week after high school graduation . Other work includes employment with Witch Wich as a sandwich maker whi l e in hi gh school for about five months. He worked at H. E.B . as a bagger for five month s . He worked with his father changing tires, mowing and doing other s imilar tasks around the age of 15. Mr . Yun k' s fa ther i s a ta xidermi st a nd o wne r o f Duc ks-N-Buc ks. He h as l e a r ne d t h e b us iness from hi s f ath e r over t he l as t four ye ars and does some taxidermy work. He adv i sed h e mo st l y does a European moun t whi c h is t h e sku l l and horns of t h e d eer . He is paid $225. 00 f or e a c h on e. Prior to the accident , he had app l i ed t o work for Cente r Po i nt Energy as a cab l e splicer through t h e I .B . E.W. 66. He was J ONAH ALLEN YUNK April 12, 2016 Page 4 ca l led for an interview while h e was in the hospital. He would have attended pole cl i mbing school for three months at $17 . 41 per hour; a helper for 12 months at $20 .7 5 p e r hour; an apprentice for 24 months at $ 28 . 08 per hour; and then a journeyman cable splicer at $38.00 per hour. It is noted that he would have had overtime of an additional 1 , 000 hours of straight time . He advised a f ri end had put in a good word for him with the employer and he had an excellent chance of gett i ng the job based upon his physical ability, prior work exp erien ce , and education . Client Comme n ts : Mr . Yunk advised his current medications include Tizanidine 4 mg every 8 hours , Gabapentin 100 mg every 8 hours, Meloxicam and Amitriptil ine at night. Mr . Yunk advised h e has trouble sleeping a nd wakes up about 5 a . m. every morning in lots of pain. He advi sed he has rea lly struggled with t he pain and prescribe d medications. He was give n strong pain medica t ion in the hospital and had bad side effects including halluc ina tions. He continued on strong narcotic medication unt il about two weeks ago when it was stopped and now hi s body i s struggling to get to an even pace. He mostly has pain in his ankle and calf. His foot is hyper sensi tive. He cannot stand on concrete as it increases his pain . He has very bad days whe r e he cannot do mu c h as walking hu rts more than other da ys. He cann ot r un. Findings and Opin i ons : Jonah Al l en Yunk i s twenty-one years old , lives in Friend swood , Texas and has worked as a tractor mechanic, sandwich maker , groc e ry bagger and part-time taxidermist. Mr . Yunk was i nvolved i n a mo tor vehicl e accident on 07/14/15 . He r equired extended hospitalization. He r eceived physician eva l uations , diagnostic studies , mu l tip l e surgeri es , me dica ti on, physical, occ upat i o na l an d speech therapy, inpatient and outpatie nt rehabil itation . JONAH ALLEN YUNK April 12, 2016 Page 5 In the accident of 07/14/15, Mr. Yunk suffered multi-trauma, including hemorrhagic shock, multiple pelvic fractures, a left medial malleolus fracture, grade 1 liver laceration, kidney laceration, splenic laceration, gait abnormality, generalized weakness, and uncontrolled pain. He had a prolonged stay and was in the ICU for approximately one week. He had respiratory failure, pulmonary contusion, myocardial contusion and bladder irritation. He was hospitalized at Clear Lake Regional Hospital from July 14 to July 25, 2015 and Kindred Rehabilitation Hospital from July 25 to August 7, 2015. Mr. Yunk's physical capacity for work has not yet been established. With a return to light work he would not be able to return to his prior work as a tractor mechanic. He will not physically qualify for the job at Center Point Energy due to the residual physical limitations to his pelvis, left leg/foot and pain. Mr. Yunk has chronic daily pain, some days worse than others. He continues on medications which could prevent him from securing employment with some employers. It is not clear from the medical record if Mr. Yunk has reached maximum medical improvement. Based upon his comments to me, he requires additional medical treatment. At this time, Mr. Yunk is not competitively employable and requires additional therapy and medical treatment. Additional medical records have been requested as he has had treatment since his discharge from Kindred in August of 2015. Mr. Yunk has been unable to work since 07/14/15, except for occasional light work tasks for his father. As he is a younger worker with only a limited work history, his true earning capacity had not yet been established. Mr. Yunk had the physical strPngth nnd ability to perform work nt n I I physi c:nl demand level. Since the accident he is no longer able to perform physically demanding work at the medium, heavy or very heavy level and cannot tolerate prolonged walking, cannot run or climb. The work he does with his father is unpredictable and seasonal. At this time, with a light work capacity he is an JONAH ALLEN YUNK April 12, 2016 Page 6 unskilled entry level wage worker. There is no doubt that the accident prevented him from getting the job at Center Pont Energy which would have offered higher wages and a career path to wages of $38.00 an hour or more. Please consider this a preliminary report. I reserve the right to amend this report and as additional information becomes available I will update my report accordingly. Respectfully submitted, Donna Johnson M.Ed.,L.P.C.,C.R.C.,C.C.M.,C.D.M.S. Rehabilitation Counselor DJ/pl