On July 29, 2022 a Motion-Secondary was filed involving a dispute between Ackin, Len, Adjei, Ella, Anderson, Preshas, Belmorris, Joshua, Berry, Ernest, Boozer, Antwuan, Bradix, Dorothy, Brewer, Chautaugua, Brown, Alvin, Brown, Katrina, Brown, Kenneth, Brown, Lauren, Bustillos, Orlando, Carnell, Johnny, Chester, Kjatha, Cisse, Sekou, Cisses, Sekou, Crawford, September, Crosley, Tyler, Davis, Kimberly, Diggs, Jake, Duncan, Ronnie, Elhadi, Jihad Abd, Ferguson, Lily, Fisher, Rudolph, Fisher, Sheila, Fonteno, Bobby, Ii, Gaston, Lastesha, Gates, Rondalus, Green, Ashley, Greene, Pamela, Harris, Jaquan, Harrison, Carol, Harrison, Charles, Harrison, Edward, Harrison, Joyce M., Harrison, Latasha, Harrison, Latoya, Harrison, Sharon, Henry, Donmonique, Howard, Rafael, Issah, Willie, Jackson, Marcus, Johnson, Robert, Johnson, Trenton, Jones, Brandon, Jones, Cedric, Jones, Cheryl, Jones, Edward, Jones, Toshi, Jones, Valencia, Kelley, Mildred, Kelley, Raven, Knight-Trigg, Tamara, Lara, Ephraim, Lard, Lazerick, Lee, Jada, Lee, Laquesha, Lee, Mariah, Lester, Ella, Luckey, Angela, Martinez, Jose, Mccray, Cornelius, Mcpherson, Aaron, Mcqueen, Dominika, Mims, Stacey, Mitchell, Benjamin, Montgomery, Jaqueisha, Mosley, Phyllis, Muoka, Margaret, Nixon, Latoya, Nzioka, Joseph, Oldacre, Donald, Oldacre, Glory, Olivarez, Gloria, Pena, Epifani, Pipkins, Sherry, Porter, Michelle, Purifoy, Wakeisha, Rodriguez, Amber, Rodriguez, Jazun, Ross, Edward, Scott, Benjamin, Scott, Hasani, Shelby, Kenneth, Smith, Jermaine, Smith, Sabrina, Stoker, Lester, Swope, Janice, Talley, Kelvin, The Estate Of Cheryl Jones, Tienda, Alexa, Tittel, Michael, Walker, Latasha, Ware, Addonais, Ware, Tara, Ware, T'Ara, Washington, Eartha, Wells, Kristy, West, Laquita, White, Carolyn, White, Darla, Whitemon, Bobby, Whitemon, Dorothy, White, Quinton, White, Sandra, Williams, Calap, Iii, Williams, Jackie, Jr, Woodard, Vickie, Young, Ariel, Young, Pamela, and Brewer, Chautaugua, Davis, Kimberly, Mars Partners, Ltd, Oncor Electric Delivery Company Llc, Oncor Electric Delivery Company, Llc, Poly-America Gp, Llc, Poly America Inc, Poly-America Inc, Poly-America International Inc., Poly-America Lp, for PROPERTY in the District Court of Dallas County.
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FILED 2/10/2023 10:24 AM FELICIA PITRE DISTRICT CLERK DALLAS CO., TEXAS Treva Parker-Ayodele DEPUTY CAUSE NO. DC-22-08610 LEN ACKIN, Individually, et al., IN THE DISTRICT COURT §§§§§§§§§§§§§ Plaintiflk, VS. 191“ JUDICML DISTRICT POLY-AMERICA INTERNATIONAL INC., POLY-AMERICA, INC., POLY-AMERICA GP, LLC, POLY-AMERICA LP, ONCOR ELECTRIC DELIVERY COMPANY, LLC; AND MARS PARTNERS, LTD, Defendants. DALLAS COUNTY, TEXAS DEFENDAN TS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS COME NOW Defendants, POLY-AMERICA INTERNATIONAL INC; POLY- AMERICA GP, LLC; POLY-AMERICA LP; AND MARS PARTNERS, LTD (hereinafter referred to as "Defendants"), and file these Objections to Len Ackin, et a1.’s (hereinafter referred to as “P1aintiffs”) medical and billing records and the accompanying Affidavits of Medical Records, Affidavits Authenticating Medical Records, and Affidavits Establishing Necessity and Reasonableness of Services and Charges (produced on January 6, 2023). I. INTRODUCTION On January 6, 2023, Plaintiffs provided the following medical records and affidavits: 1. Addonais Ware’s billing records from River Oaks Hospital & Clinics and medical records from Advanced Medical Group; 2. Alvin Brown’s medical records from Advanced Medical Group and medical records from Baylor Scott & White Medical Center — Irving; DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 1 of 8 3. Donmonique Henry’s billing records from Ciox Health; Affidavit of Medical Records for JPS Health Network (affiant — Judy Thomas); medical records from JPS ROI Service Area; medical records from Advanced Medical Group; and billing records from River Oaks Hospital & Clinics; 4. Jada Lee’s medical records from Advanced Medical Group and billing records from River Oaks Hospital & Clinic; 5. Johnny Carnell’s Affidavit of Medical Records from Mission of Arlington (affiant — Andrea Wilson); Affidavit Establishing Necessity and Reasonableness of Services and Charges from Mission of Arlington (affiant — Andrea Wilson); medical records from Mission of Arlington; billing records from River Oaks Hospital & Clinics; billing records from Advanced Dallas Hospital; medical records from Advanced Medical Group; medical records from Advanced Dallas Hospital & Clinics; and Health Insurance Claim Form directed towards Advanced Dallas Hospital & Clinics 6. Joseph Nzioka’s billing records from Advanced Dallas Hospital; billing records from River Oaks Hospital & Clinics; and medical records from Advanced Dallas Hospital & Clinics; 7. Kjaflla Chester did not submit medical or billing records; 8. Laquesha Lee’s billing records from Advanced Dallas Hospital; Health Insurance Claim Form directed towards Advanced Dallas Hospital; medical records from Advanced Medical Group; medical records from Parkland; Affidavit Concerning Cost and Necessity of Services from Dallas County Hospital d/b/a Parkland (affiant — Tracy Williams); billing records from Parkland; billing records from River Oaks Hospital & Clinics; Affidavit Establishing Necessary and Reasonableness of Services and Charges from UT DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 2 of 8 Southwestern Hospital (affiant — Catherine Rayfield); billing records from UT Southwestern Medical Center; 9. Lily Ferguson’s billing records from River Oaks Hospital & Clinics; medical records from Advanced Medical Group; 10. Margaret Muoka’s billing records from River Oaks Hospital & Clinics; billing records from Advanced Dallas Hospital; medical records from Advanced Medical Group; medical records from Advanced Dallas Hospital & Clinics 11. Michael Tittle’s billing records from River Oaks Hospital & Clinics; billing records from Advanced Dallas Hospital; Affidavit Establishing Necessity and Reasonableness of Services and Charges from Arlington Minor Emergency (affiant — Anny Perez); billing records from Arlington Minor Emergency Clinic; Affidavit of Medical Records from Arlington Minor Emergency Clinic (affiant — Anny Perez); medical records from Arlington Minor Emergency Clinic; and Health Insurance Claim Form directed towards Advanced Dallas Hospital & Clinics 12. Michelle Porter’s billing records from River Oaks Hospital & Clinics; Health Insurance Claims Form directed towards Advanced Dallas Hospital & Clinics; medical records from Advanced Medical Group; medical records from Advanced Dallas Hospital & Clinics 13. Orlando Bustillos’ billing records from River Oaks Hospital & Clinics; 14. Pamela Young’s medical records from Advanced Medical Group; Affidavit of Medical Records from Arlington Family Practice, PA (affiant — Stacey Ledbetter); Affidavit Establishing Necessity and Reasonableness of Services and Charges from Arlington Family Practice, PA (affiant — Beckie Ochs); billing records from Arlington Family Practice; Affidavit Establishing Necessity and Reasonableness of Services and Charges DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 3 of 8 from Invitae (affiant — Tom Brida) that is not notarized; billing records from Invitae Corporation; Affidavit of Medical Records from Invitae (affiant Tom Brida) that is not — notarized; medical records from Invitae; billing records from River Oaks Hospital & Clinics; Affidavit Establishing Necessity and Reasonableness of Services and Charges from The Center TX (affiant — Shirley Spice); billing records from The Center for Cancer and Blood Disorders; Health Insurance Claim Forms directed towards ARM (3) — The Center at Arlin; Health Insurance Claim Forms directed towards Medical City Arlington — OP; medical records from The Center TX; 15. Sekou Cisse’s medical and billing records from Ciox Health; Affidavit of Medical Records J from PS Medical Home Northeast Tarrant (affiant — Judy Thomas); medical records from JPS ROI Service Area; 16. September Crawford’s billing records from River Oaks Hospital & Clinics; and medical records from Advanced Medical Group; 17. Shelia Fisher’s Business Records Affidavit from Baylor Scott & White (affiant — Jason Chapman); billing records from Baylor Scott & White; billing records from River Oaks Hospital & Clinics; billing records from Advanced Dallas Hospital; medical records from Advanced Medical Group; Health Insurance Claim From directed towards Advanced Dallas Hospital & Clinics. II. OBJECTIONS To PLAINTIFFS’ MEDICAL AND BILLING RECORDS AND Defendants object to the affidavits by the custodians listed above, the underlying medical and billing records, and the Health Insurance Claim Forms because they do not establish that the services rendered became necessary as a result of any act, omission, fault, or failure of Defendants. Plaintiffs must provide additional evidence showing that the charges stated in the medical and DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 4 of 8 billing records and the accompanying affidavits were incurred due to Defendants’ fault. Defendants object to any attempt to establish causation utilizing these records and the related affidavits because this is beyond the permissible authority of Section 18.001 of the Texas Civil Practice & Remedies Code and Rules 902(10) and 803(6) of the Texas Rules of Evidence. The records and the related affidavits do not and cannot establish that the alleged wrong of Defendants proximately caused the medical expenses stated in such documents. Defendants further object to the extent that the affidavits may encompass amounts paid/incurred for care unrelated to the alleged incident and/or alleged injury. Defendants further object to the sufficiency and admission of said affidavits because the custodians are not qualified to state that the services provided were medically necessary to treat Plaintiffs’ alleged injuries. The affiants are merely the Custodians of Records and are unfamiliar with the facts of this lawsuit. The Custodians of Records cannot possibly relate all the charges for the treatment that Plaintiffs received to the incident made the basis of this lawsuit. The law requires physician/medical expert testimony regarding causation, diagnoses, and treatment of injuries. At the trial of this case, counsel for Defendants will examine the medical experts designated in this case regarding (1) the reasonableness and necessity of the health care services and (2) whether or not such services related to and were necessitated by Plaintiffs’ alleged injuries. Defendants further object to the sufficiency and admission of the billing records and/or the billing records affidavits to the extent that (1) the bills do not show itemized amounts paid/incurred and/or (2) the billing records affidavits and bills may conflict as to the amounts paid/incurred. According to Section 41.0105 of the Texas Civil Practice & Remedies Code, in addition to any other limitation under the law, recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant. Plaintiffs’ recovery is limited DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 5 of 8 to those expenses that the healthcare provider has a legal right to be paid. Haygood v. De Escobedo, 356 S.W.3d 390, 391 (Tex. 2011). Evidence of the total bill/charges for healthcare services is inadmissible. Id. at 399. Only the amounts actually paid on behalf of or incurred by the claimant are relevant. Evidence of charges for which the provider is not entitled to payment are irrelevant and inadmissible. Defendants specifically object to the medical and billing records of: o Plaintiff Kj afha Chester who did not submit any records whatsoever; o Plaintiffs Jada Lee, Joseph Nzioka, Lily Ferguson, Margaret Muoka, Michelle Porter, Orlando Bustillos, and September Crawford who submitted medical and billing records with no supporting affidavits whatsoever; o Plaintiff Donmonique Henry who submitted an Affidavit of Medical Records for her medical records from JPS Health Network but did not submit supporting affidavits for her billing records from Ciox Health, her billing records from River Oaks Hospital & Clinics, or her medical records from Advanced Medical Group; o Plaintiff Johnny Carnell who submitted supporting affidavits for his medical and billing records from Mission of Arlington but did not submit supporting affidavits for his billing records from River Oaks Hospital & Clinic and Advanced Dallas Hospital nor for his medical records from Advanced Medical Group and Advanced Dallas Hospital & Clinics; o Plaintiff Laquesha Lee who submitted Affidavits Concerning Cost and Necessity of Services for her billing records from Parkland and UT Southwestern but no supporting affidavits for her medical and billing records from Advanced Dallas Hospital nor her billing records from River Oaks Hospital & Clinics; DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 6 of 8 o Plaintiff Michael Tittle who submitted supporting affidavits for his billing and medical records from Arlington Minor Emergency but no supporting affidavits for his billing records from River Oaks Hospital & Clinics or Advance Dallas Hospital; o Plaintiff Pamela Young who submitted supporting affidavits for her medical and billing records from Arlington Family Practice, unnotarized supporting affidavits for her medical and billing records from Invitae, and an Affidavit of Medical Records for her medical records from The Center but failed to provide an Affidavit Concerning Cost and Necessity of Services for her billing records from The Center and River Oaks Hospital & Clinics; o Plaintiff Sekou Cisse who submitted an Affidavit of Medical Records for her medical records from JPS Medical Home Northeast Tarrant but no supporting affidavits for her medical and billing records from Ciox Health; and o Plaintiff Shelia Fisher who submitted a Business Records Affidavit for her medical records from Baylor Scott & White but no supporting affidavits from her billing records from River Oaks Hospital & Clinics, billing records from Advanced Dallas Hospital, or her medical records from Advanced Medical Group. Additionally, Defendants object to medical and billing records and supporting affidavits to the extent the affidavits are not timely filed under Section 18.001 of the Texas Civil Practice & Remedies Code. Section 18.001 requires Plaintiffs to submit their affidavits by the earlier of “(1) 90 days after the date the defendant files an answer; (2) the date the offering party must designate any expert witness under a court order; or (3) the date the offering party must designate any expert witness as required by the Texas Rules of Civil Procedure.” Defendant Poly-America LP filed its answer on August 19, 2022; therefore, Plaintiffs’ 90-day deadline expired on November 19, 2022. Any affidavits submitted after November 19, 2022 are not timely. DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 7 of 8 III. CONCLUSION For these reasons, Defendants, POLY-AMERICA INTERNATIONAL INC; POLY- AMERICA GP, LLC; POLY-AMERICA LP; AND MARS PARTNERS, LTD, pray that the Court sustain their Objections to Plaintiffs’ medical and billing records affidavits (or lack thereof), identified above, and for such other and further relief to which they are justly entitled. Respectfully submitted, DEHAY &ELLISTON, L.L.P. 3500 Bank of America Plaza 901 Main Street Dallas, TX 75202-3736 Telephone: (214) 210-2400 Fax: (214) 210-2500 By: /s/ Pamela J. Williams GARY D. ELLISTON Texas State Bar No. 6584700 PAMELA J. WILLIAMS Texas State Bar No. 00791936 ATTORNEYS FOR DEF ENDANTS POLY-AMERICA INTERNATIONAL INC, POLY-AMERICA GP, LLC., POLY- AMERICA LP, and MARS PARTNERS, LTD CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the above and foregoing document has been forwarded to all known counsel of record via certified mail, return receipt requested, and/or via first class mail, and/or via facsimile, and/or via hand delivery, and/or via e-file on this 10th day of February, 2023. /s/ Pamela J. Williams PAMELA J. WILLIAMS DEFENDANTS’ OBJECTIONS TO MEDICAL AND BILLING RECORDS AND RELATED AFFIDAVITS — Page 8 of 8 Automated Certificate of eService This automated certificate of service was created by the efiling system. The filer served this document via email generated by the efiling system on the date and to the persons listed below. The rules governing certificates of service have not changed. Filers must still provide a certificate of service that complies with all applicable rules. Cris Page on behalf of Pamela Williams Bar No. 791936 cpage@dehay.com Envelope ID: 72642097 Status as of 2/10/2023 10:52 AM CST Case Contacts Name BarNumber Email TimestampSubmitted Status John CStewart john.stewart@oncor.com 2/10/2023 10:24:18 AM SENT Angie Ranton angela.ranton@oncor.com 2/10/2023 10:24:18 AM SENT Pamela J.Wi||iams pwilliams@dehay.com 2/10/2023 10:24:18 AM SENT Diane Hallmark diane.hallmark@oncor.com 2/10/2023 10:24:18 AM SENT ROCIO CASTRO RCASTRO@JUSTCALLKINDER.NET 2/10/2023 10:24:18 AM SENT Anacorina Andrade aandrade@brlaw.com 2/10/2023 10:24:18 AM SENT Associated Case Party: ONCOR ELECTRIC DELIVERY COMPANY, LLC Name BarNumber Email TimestampSubmitted Status Lance C.Travis ltravis@brlaw.com 2/10/2023 10:24:18 AM SENT Associated Case Party: LEN ACKIN Name BarNumber Email TimestampSubmitted Status Jennifer Kinder 787837 jkinder@justca|lkinder.net 2/10/2023 10:24:18 AM SENT FRED NESSLER fwn@nesslerlaw.com 2/10/2023 10:24:18 AM SENT Griffin McMillin gmcmillin@justcallkinder.net 2/10/2023 10:24:18 AM SENT