Preview
Filed: 1/13/2023 6:57 PM
JOHN D. KINARD - District Clerk
Galveston County, Texas
Envelope No. 71807237
By: Lisa Kelly
1/17/2023 8:13 AM
CAUSE NO. 21-CV-0851
JANET COHEN, § IN THE DISTRICT COURT
Plaintiff, §
§
V. §
§ GALVESTON COUNTY, TEXAS
A. SMECCA, INC. DBA PAPA'S §
PIZZA & GALVESTON §
RESTAURANT GROUP, INC., §
Defendants. § 122nd JUDICIAL DISTRICT
PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
TO THE HONORABLE JUDGE OF THE COURT:
COMES NOW, Plaintiff, Janet Cohen, and files this Designation of Expert Witnesses to
designate the following testifying and treating experts:
I. RETAINED TESTIFYING EXPERTS
1. Thomas Michael DeBerardino, MD
635 Elizabeth Road
San Antonio, Texas 78209
210-428-0130
Dr. DeBerardino is an orthopaedic surgeon with more than thirty years of experience
treating patients with shoulder, nerve, wrist, hand, and other orthopaedic injures like those
Janet Cohen suffered as a result of the fall on Defendants’ premises. He may offer
testimony regarding Cohen’s injuries, treatment, prognosis, impairment, and medical
conditions related to the fall on Defendants’ property as well as the reasonableness and
necessity of past and future medical expenses associated with the same. Dr. DeBerardino
may also offer testimony about causation and how Ms. Cohen’s injuries, prognosis, and
future medical treatment relates to the fall at issue.
Dr. DeBerardino’s opinions and mental impressions are set forth in the preliminary report
attached as Exhibit 1.
In addition to his experience, education, training, skill, and knowledge, Dr. DeBerardino
has had access to the documents identified in his report and has reviewed the same in
anticipation of his testimony.
All of the materials listed on are the kinds of facts and data that experts in Dr.
DeBerardiino’s field reasonably rely on when forming opinions on these subjects. Dr.
DeBerardino reserves the right to supplement his anticipated testimony if additional
information, including a site visit, becomes available.
1 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
Dr. DeBerardino’s curriculum vitae and bibliography is attached as Exhibit 2.
2. Tony DiNicola, AIA, RID, APA
4404 Fiesta Circle
Fort Worth, Texas 76133
817-980-6196
Mr. DiNicola is a licensed architect with more than forty years of experience in
architectural practice, commercial property design, accessibility, and standards. He may
offer testimony on research, design, management, safety, accessibility, standards, and
codes applicable to the parking lot and premises located at 4400 Seawall Boulevard,
Galveston, Texas 77550. Mr. DiNicola is expected to offer opinions and mental
impressions about the design, construction, safety, applicable ordinances, applicable
standards, applicable codes, and accessibility as it relates to wheel stops, pedestrians,
walking surfaces, and points of ingress and egress. Mr. DiNicola is further expected to
testify as to what a commercial property occupant and/or owner of ordinary prudence
should have done related to the conditions in the parking lot and on the premises of 4400
Seawall Boulevard, Galveston, Texas 77550 in the same or similar circumstances as
Defendants and what Defendants failed to do regarding the same.
Mr. DiNicola’s opinions and mental impressions are set forth in the preliminary report
attached as Exhibit 3.
In addition to his experience, education, training, skill, and knowledge, Mr. DiNicola has
had access to the documents identified in his report and has reviewed the same in
anticipation of his testimony.
All of the materials listed on are the kinds of facts and data that experts in Mr. DiNicola’s
field reasonably rely on when forming opinions on these subjects. Mr. DiNicola reserves
the right to supplement his anticipated testimony if additional information, including a site
visit, becomes available.
Mr. DiNicola’s curriculum vitae and bibliography is attached as Exhibit 4.
II. NON-RETAINED EXPERTS
1. Custodian of records and/or Palm Beach Sports Medicine & Orthopaedic Center, P.A.
and/or Gary N. Ackerman, M.D., Ronald M. Snyder and/or M.D. and/or John L. Randazzo,
M.D.
641 University Boulevard, Suite B214
Jupiter, Florida 33458
561-845-6000
2 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Doctors Ackerman, Snyder, and Randazzo examined Plaintiff for her injuries
and performed evaluative tests on multiple occasions from the time of injury to the present.
Dr. Ackerman is an orthopaedic surgeon who is not within Plaintiff’s control, but generally
Plaintiff would expect him to testify regarding his observations, records, billing, and the
treatment he provided as well as Plaintiff’s future medical needs and prognosis as those
matters are presented in the medical and billing records.
2. Custodian of records and/or Houston Methodist Hospital and/or Rishi R. Bhardwaj, M.D.,
and/or Joshua Woody, M.D.
6565 Fannin Street
Houston, Texas 77030
713-790-3311
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Dr. Bhardwaj provided preoperative clearance for Plaintiff’s December 6, 2019
surgery at Houston Methodist Hospital, and Dr. Woody was the surgeon for Plaintiff’s
December 6, 2019 surgery. These experts are not within Plaintiff’s control, but generally
Plaintiff would expect them to testify regarding their observations, records, billing, and the
treatment they provided as well as Plaintiff’s future medical needs and prognosis as those
matters are presented in the medical and billing records.
3. Custodian of records and/or Strive Physical Therapy & Sports Rehabilitation and/or
Michelle Derr, PT.
740 Marne Highway, Suite 203
Moorestown, New Jersey 08057
856-914-1400
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Michelle Derr is the physical therapist who oversaw Plaintiff’s therapeutic plan
of care, including patient assessment and weekly rehabilitation activities, for the month of
January 2020. These experts are not within Plaintiff’s control, but generally Plaintiff would
expect them to testify regarding their observations, records, billing, and the treatment they
provided as well as Plaintiff’s future medical needs and prognosis as those matters are
presented in the medical and billing records.
4. Custodian of records and/or Rothman Orthopaedics and/or Steven Caruso, M.D.
Corporate Headquarters
925 Chestnut Street, 5th Floor
Philadelphia, Pennsylvania 19107
1-866-629-3409
3 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Dr. Caruso examined Plaintiff on January 9, 2020 and recommended physical
therapy. This expert is not within Plaintiff’s control, but generally Plaintiff would expect
him to testify regarding his observations, records, billing, and the treatment he provided as
well as Plaintiff’s future medical needs and prognosis as those matters are presented in the
medical and billing records.
5. Custodian of records and/or University of Texas Medical Branch at Galveston and/or Anju
Kuruvilla, M.D.
301 University Boulevard
Galveston, Texas 77555
409-772-5136
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Dr. Kuruvilla treated Plaintiff in the emergency department on November 26,
2019 and ordered the x-rays that showed Plaintiff’s displaced right humeral diaphyseal
periprosthetic fracture, including swelling of overlying soft tissue, and mildly displaced
right third rib fracture. These experts are not within Plaintiff’s control, but generally
Plaintiff would expect them to testify regarding their observations, records, billing, and the
treatment they provided as well as Plaintiff’s future medical needs and prognosis as those
matters are presented in the medical and billing records.
6. Custodian of records and/or Fyzical Therapy & Balance Centers and/or Kat Lowry, DPT.
7431 W Atlantic Ave., Suite 52
Delray Beach, Florida 33446
(561) 331-3636
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Plaintiff continues to receive physical and occupational therapy at Fyzical
Therapy and Balance Centers in Florida (about 3-5 times a week) and may need further
treatment. These experts are not within Plaintiff’s control, but generally Plaintiff would
expect them to testify regarding their observations, records, billing, and the treatment they
provided as well as Plaintiff’s future medical needs and prognosis as those matters are
presented in the medical and billing records.
7. Custodian of records and/or Personalized Orthopedics of the Palm Beaches and/or Jennifer
Tucker, MD.
6056 Boyton Beach Blvd. #215
Boyton Beach, Florida 33437
(561) 733-5888
4 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury,
condition, treatment, prognosis, medical expenses incurred in the past and future medical
expenses. Dr. Tucker examined Plaintiff in May and September of 2021 and discussed
multiple treatment options for Plaintiff’s neuropathy, bilateral carpal and cubital tunnel
syndromes; and suggested further surgery to prevent Plaintiff’s symptoms from getting
worse. These experts are not within Plaintiff’s control, but generally Plaintiff would expect
them to testify regarding their observations, records, billing, and the treatment they
provided as well as Plaintiff’s future medical needs and prognosis as those matters are
presented in the medical and billing records.
III. OTHER DESIGNATIONS
1. Plaintiff reserves 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. Plaintiff reserves the right to elicit, by way of cross-examination, opinion testimony from
experts designated and called by other parties to the suit, and express their intention to call,
as witnesses associated with adverse parties, any of the other parties’ experts.
3. Plaintiff reserves the right to call un-designated rebuttal expert witnesses, whose testimony
cannot reasonably be foreseen until the presentation of the evidence in this trial. The need
for their testimony cannot be anticipated at this time. Moreover, since the subject matter
concerning their testimony would relate may not be anticipated at this time, Plaintiff cannot
at this time provide more detail regarding their potential testimony.
4. Plaintiff reserves the right to withdraw the designation of expert 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.
5. Plaintiff reserves 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. Plaintiff hereby designates, 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. Plaintiff reserves the right to
designate and /or call any such party or any such expert previously designated by any party.
7. Plaintiff reserves 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 the district court.
5 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
8. Plaintiff reserves the right to adversely call any expert heretofore or hereafter designated
by the other parties to this lawsuit.
9. Plaintiff designates each and every timely designated expert who is timely designated by
Defendant A. Smecca, Inc. DBA Papa’s Pizza.
10. Furthermore, to the extent that any person with knowledge of relevant facts is qualified by
his or her training, experience and/or education, Plaintiff reserves the right to elicit expert
testimony from each such person.
Respectfully Submitted,
Attorney-in-Charge
THE GOLDBERG LAW OFFICE, PLLC
/s/ Daniel J. Goldberg
Daniel J. Goldberg
State Bar No. 24052856
2507 Calumet Street
Houston, Texas 77004
DJG@LawGoldberg.com
Phone: 713-942-0600
Fax: 713-942-0601
Of Counsel
HEATHER LONG LAW PC
/s/ Heather Lynn Long
Heather Lynn Long,
State Bar No. 24055865
4310 N Central Expressway
Dallas, Texas 75206
214-699-5994
heather@heatherlonglaw.com
ATTORNEYS FOR PLAINTIFF
6 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of Plaintiff’s Designation of Expert Witnesses was served
on Defendant A. Smecca, Inc. DBA Papa’s Pizza by and through its attorneys of record, Christopher
C. Garcia and Lauren E. Childress, at 1207 South Shepard Drive, Houston, Texas 77019, via
electronic mail to chrisgarcia@garcialg.com and laurenchildress@garcialg.com through the Court’s
e-filing system on this the 13th day of January 2023.
/s/ Heather Lynn Long
Heather Lynn Long
7 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES
THOMAS M. DEBERARDINO, MD
635 Elizabeth Road
San Antonio, Texas 78209
Heather Lynn Long
Heather Long Law PC
4310 N. Central Expressway
Dallas, Texas 75206
January 13, 2023
Re: Cohen v. A. Smecca, Inc. d/b/a Papa’s Pizza
Dear Heather,
I have reviewed Janet Cohen’s medical records that were provided to
me concerning the above-referenced case. This report articulates my opinions
regarding the injuries Ms. Cohen sustained as the result of the fall that
occurred on November 26, 2019, the reasonableness and necessity of the
treatment she has been provided to date, and her future medical needs. The
opinions in this report are given within a reasonable degree of medical
probability based on my education, training, and experience. A copy of my
curriculum vitae is attached.
I. Qualifications
I am a practicing and licensed physician and Clinical Professor in the
field of orthopaedic surgery at the University of Health Science Center in San
Antonio, Texas. My other positions include Clinical Professor of Orthopedic
Surgery at Baylor College of Medicine; Team Physician for the XFL San Antonio
Brahma Football Team, Team Physician UTSA Roadrunners, and Gold Cup
International Soccer Sports Medicine Consultant. I have also served as
Assistant Fellowship Director for the Department of Orthopaedic Surgery
Sports Medicine Fellowship at UCONN Health, Associate Professor in the
Department of Orthopaedic Surgery at UCONN Health, and Team Physician
and Orthopaedic Consultant for the UCONN Huskie Athletic Department.
1
Exhibit 1
In September 2009, I retired from the U.S. Army at the rank of Colonel.
I received my medical degree from New York Medical College in 1989.
Following that, I completed an internship and my orthopaedic residency at the
Tripler Army Medical Center in Hawaii. My Fellowship in Sports Medicine
included the U.S. Army Institute of Surgical Research (San Antonio, Texas),
the United States Military Academy (West Point, New York), and rotations at
the Vail Steadman-Hawkins Clinic and the Hospital for Special Surgery.
Additional medical positions in the U.S. Army are listed in the CV that is
attached. I am board certified by the American Board of Orthopaedic Surgery,
and I have served in several associations specific to orthopaedic surgery and
sports medicine. Currently I serve as a peer reviewer for multiple medical
journals, including the Journal of Trauma, Journal of Arthroscopy, and
Orthopaedic Journal of Sports Medicine.
I regularly treat patients following acute traumatic injury to the upper
extremities, including the shoulder, as part of my practice as an orthopaedic
surgeon. I have treated and evaluated patients who have traumatic shoulder
fractures, open reverse total shoulder arthroplasty, right humeral periprosthetic
fracture ORIF with allograft, and related conditions. Through this I am familiar
with these conditions, their respective causes, the treatment options,
prognosis, recovery, and long-term outlook for patients like Janet Cohen. I
am also familiar with the reasonableness and necessity of the medical care
received and detailed in Ms. Cohen’s medical records.
II. Materials Reviewed
In the preparation of this report, I have reviewed Janet Cohen’s medical
and billing records identified below as well as her deposition testimony
regarding the fall and her injuries.
UTMB at Galveston
Houston Methodist Hospital
Rothman Orthopaedics
Palm Beach Sports Medicine and Orthopaedic
Strive Physical Therapy and Sports Rehabilitation
Fyzical Therapy & Balance Centers
Janet Cohen Deposition
2
III. Factual Summary
Janet Cohen fell in the parking lot of Papa’s Pizza in Galveston, Texas
on November 26, 2019. At the time of the fall Janet was approximately
fourteen months out from a right reverse total shoulder arthroplasty for a right
shoulder proximal humerus fracture performed in September 2018.
According to Janet’s deposition, the fall at Papa’s Pizza occurred when
she tripped over an exposed parking stop. She described the impact as: “I
literally got catapulted from that fall up the curb, and I went straight into the
red wall and broke some ribs and then fell from the red wall onto my shoulder
on the pavement.” (p. 55)
Janet presented to the UTMB at Galveston emergency department that
night reporting “right arm pain, right sided rib pain, tailbone pain and cervical
pain” per Anju S. Kuruvilla, MD’s emergency department note. Her
musculoskeletal exam was positive for arthralgias (joint stiffness), neck pain
(posterior), tail bone pain, anterior rib pain, and right arm pain from her
shoulder to her right hand. Physical examination revealed:
• Tenderness
• +cms to right hand and capillary refill less than two seconds
• Inability to abduct right shoulder due to pain
• Pain with palpation over right upper arm and entire right arm
• Pain with palpation to anterior inferior ribs, right side
• Pain to coccyx
X-Rays of Janet’s right humerus, hand, wrist, forearm, elbow, and
shoulder were taken in the ED. When compared to 9/29/2018 x-rays taken
prior to the fall, x-rays of Janet’s shoulder showed: “Changes of reversed right
shoulder arthroplasty are seen. A displaced humeral diaphyseal fracture is
seen at the base of the humeral component of the hardware. A 13 mm
distraction is seen between the proximal and distal fracture fragments.
Overlying soft tissue swelling is present.” A mildly displaced fracture of the
right third rib was also identified.
Ryan Siller, MD performed an orthopaedic surgery consult on
11/27/2019 at 0320. Notes from the consult state: “XR in ED show
3
periprosthetic fracture of humeral component affecting the length of the
stem.” Janet was visiting Texas from her home in Florida at the time of injury.
As a result, UTMB discharged the patient with a sling and prescription pain
medication so that she could receive treatment closer to home. Instructions
to return if her symptoms worsened were also given.
On 12/2/2019, Janet presented to Houston Methodist Hospital for her
worsening right periprosthetic humerus shaft fracture and was admitted for
open reduction and internal fixation of the right humerus shaft. She reported
pain levels of 7-8 at the time of admission. X-rays of the right humerus taken
12/2/2019 showed “displaced periprosthetic fracture” that extended distally
to the mid humerus shaft and a fracture line extending distal past the tip of
the implant stem. A treatment plan of operative treatment and pain control
was made pending clearance by cardiology and endocrinology. Endocrinology
consult notes reported breakthrough pain while taking pain medication every
four hours and elevated blood sugar due to her severe pain since admission.
On 12/6/2019, Joshua Woody, MD performed a right humeral
periprosthetic fracture open reduction with allograft. The patient’s post
operative diagnosis identified the fracture sustained in the fall at Papa’s Pizza
as well as traumatic right radial nerve injury due to fracture. That finding
resulted in Dr. Woody also performing a right arm radial nerve neuroplasty,
radial nerve decompression, and radial nerve mobilization.
The Houston Methodist Hospital records show Janet struggled with
severe pain while hospitalized for post-operative care following the procedure.
She remained in the hospital for until 12/11/2019.
After her discharge in Texas, Janet stayed with her sister in New Jersey
so that she had the assistance she needed for daily activities during the first
six weeks after hospital discharge. While in New Jersey, she saw Steven
Caruso, MD at Rothman Orthopaedics for post-operative follow up as she was
directed to do at the time of discharge. Dr. Caruso’s progress note dated
1/9/2020 states Janet was experiencing some numbness and tingling along
the right hand and forearm. X-rays taken showed a well-aligned and reduced
periprosthetic humeral shaft fracture that had “some signs of early bony
healing.” Dr. Caruso also noted decreased range of motion at the right elbow
4
due to stiffness and at the right shoulder due to pain. Physical therapy and
occupational therapy were recommended.
While in New Jersey, Janet received physical and occupational therapy
at Strive Physical Therapy and Sports Rehabilitation between 01/13/2020 and
01/31/2020. Records from Strive on 01/13/2020 show pain rated at 8/10 at
the time of the visit and 10/10 when at its worst. Her FOTO Functional Score
was 28% function, upper extremity strength impairments, range of motion
impairment, difficulty sleeping comfortably and due to pain, and inability to
perform 100% of daily activities for self-care. A physical therapy plan
consisting of 3 visits per week for 8 weeks was recommended. That treatment
plan proceeded with visits on 01/16/2020, 01/20/2020, 01/22/2020,
01/24/2020, 01/28/2020, and 01/31/2020.
Janet’s care was transferred from Rothman Orthopaedics and Strive in
New Jersey to providers in Florida when she returned to her home. Palm Beach
Sports Medicine and Orthopaedic physician Gary N. Akerman, MD took over
Janet’s post-operative care. Dr. Akerman’s examined Janet on 04/13/2020
and noted glenohumeral joint TTP, limited motion, and soreness. Further
workup including gentle PT and EMG was recommended because patient was
“having a lot of numbness and weakness and tingling in her extremity.”
Dr. Akerman examined Janet again on 05/11/2020 and documented her
continued right shoulder pain, pain in her right wrist joint, as well as continued
tingling, stiffness, and numbness into the hand and wrist. He noted the EMG
was difficult to interpret because the patient could not hold her hand still, but
evidence of radial sensory branch injury (potentially secondary to prior trauma)
and an axillary nerve deltoid issue. Continued physical therapy as well as
occupational therapy (subject to limitations related to the then-recent
outbreak of COVID-19).
Follow up for shoulder pain and the above-referenced conditions
occurred on 06/22/2020. Notes discussing that visit re-affirm nerve injury
subsequent to trauma. A recommendation of conservative treatment with B
vitamins and continued therapy was made with plans to consider other options
should such treatment fail. Dr. Akerman also saw Janet on 09/22/2020 during
which he observed significant atrophy of the subscapularis with possibility of
5
rupture, deltoid atrophy, and limited motion. He described Janet as having
“very limited motion and neurological compromise.”
Janet saw Dr. Akerman again on 10/28/2020 for evaluation of her right
upper extremity injuries. She was still experiencing “significant nerve
deficiency” and her range of motion was “grossly limited with pain” according
to his records. Dr. Akerman recommended continuing physical therapy and
determined: “I think her nerve function will take a lot of time to come back if
it does we will continue physical therapy and conservative management if
possible . . . at some point the plate may have to come out to be shaved
because it may impinge.”
Dr. Akerman examined Janet again on 03/21/2021 and noted again that
Janet had limited motion and radial nerve injury associated with the fracture
she suffered in November 2019. He also noted right wrist pain and diagnosed
her with carpal tunnel syndrome that would eventually require surgical release.
Continued physical and occupational therapy was recommended. Janet
followed up with Dr. Akerman again on 07/26/2021. Visit notes show Janet’s
efforts in physical and occupational therapy had resulted in good progress as
it relates to range of motion. Continued physical and occupational therapy
was recommended.
As shown in physical and occupational therapy records from Fyzical
Therapy and Balance, Janet has endured a long and difficult recovery for the
injuries caused by her fall in the Papa’s Pizza parking lot have and that recovery
is still on-going. She has done multiple rounds of physical therapy as
recommended by her treating physician as an effort to exhaust all conservative
treatment options to reduce her pain and obtain maximum medical
improvement. Records show Janet completed the following rounds of physical
therapy for her right upper extremity injuries caused by the fall: PT Right
Shoulder (October 1, 2020 – December 22, 2020), OT Right Shoulder (January
26, 2021 – February 4, 2021), PT Right Shoulder and Left Shoulder (May 14,
2021 – September 27, 2021), PT Right Shoulder (September 19, 2022 –
November 9, 2022), and OT Right Upper Limb (May 13, 2021 – June 22,
2021).
6
The records show she has continued to struggle with range of motion,
weakness, pain, and nerve-related issues. The progress notes from her most
recent physical therapy in late 2022 indicate that Dr. Akerman was again
considering future surgeries for the ulnar nerve and carpal tunnel. They also
show she has continued impairment directly associated with the injuries
caused by the fall, including difficulties doing tasks like putting on a seat belt,
dressing, and household chores.
IV. Opinions and Analysis
There is no question that the fall at Papa’s Pizza on 11/26/2019 caused
Janet Cohen’s right shoulder periprosthetic fracture, rib fracture, nerve injuries,
and subsequent development of wrist and joint problems as well as Janet’s
long-term impairment and persistent pain. The treatment she received from
UTMB and Houston Methodist Hospital and related providers was both
reasonable and necessary to address her fall-related injuries. The same is
true regarding the post operative treatment provided by Rothman
Orthopaedics, Strive Physical Therapy & Sports Medicine, Palm Beach Sports
Medicine, and Fyzical Therapy and Balance.
The periprosthetic fracture Janet sustained was a devastating injury that
will have life-long implications. The shoulder joint is where the rounded end
of the humerus, or upper arm bone, meets the shallow socket of the shoulder
blade. At the time of injury, Janet was approximately fourteen months out from
having a reverse total shoulder replacement. In a reverse total shoulder
replacement, the rounded head of the humerus and part of the shoulder blade
socket are removed. Then, the rounded head of the humerus is replaced by a
plastic socket and a metal ball replaces the removed portion of the shoulder
blade. It is a major surgery.
The periprosthetic humerus shaft fracture Janet sustained subjected her
two another major shoulder surgery that would not have been necessary but
for the fall. The open reduction and internal fixation with allograft and radial
nerve neuroplasty Janet underwent were required to address the fracture and
nerve injuries she sustained. Having a second major shoulder surgery made
Janet’s recovery more difficult and increased her level of impairment.
7
The records show that Janet began having numbness, tingling, pain,
stiffness, and difficulty with other parts of her right arm—wrist, hand, and
elbow. Those problems are also, in all reasonable medical probability, related
to the injuries caused by the Papa’s Pizza parking lot fall. As noted above, the
fall also injured Janet’s radial nerve and that neurolysis impacted her entire
upper right extremity.
Janet’s difficult recovery and the impairment described in the records
are completely consistent with what would be expected for a patient who
sustains a periprosthetic fracture following a reverse total shoulder
replacement. It takes a long time for a patient with an injury like Janet’s to
reach maximum medical improvement. Physical therapy and occupational
therapy like that Janet received are necessary for this type of injury. In this
case, Janet’s treating orthopaedic surgeon has prescribed therapy
incrementally to address Janet’s pain, impairment, and other symptoms. That
is totally appropriate for a patient in Janet’s situation.
He has also recommended future surgical procedures to address the
carpal tunnel Janet developed and continues to watch Janet’s shoulder
because her symptoms indicate a future surgery to remove and shave the
plate may become necessary. Those future recommendations are medically
reasonable. Based on my review of the records, there is a medical probability
that Janet will require future surgical intervention to address the carpal tunnel,
ulnar nerve, and shave the plate in her shoulder. Those procedures would also
require subsequent hospitalization, physical therapy, and result in even greater
impairment.
I reserve the right to amend my opinions pending further information
made available for my review.
Sincerely,
Thomas M. DeBerardino, MD
8
CURRICULUM VITAE
THOMAS MICHAEL DEBERARDINO, MD
The San Antonio Orthopaedic Group
400 Concord Plaza Dr.
San Antonio, TX 78216
Phone (210) 428-0130
Fax (210) 593-1434
Born: 3 January 1964, Philadelphia, Pennsylvania
EDUCATION:
High School: Heidelberg American High School, Heidelberg, Germany, June, 1981
Undergraduate: U.S. Military Academy, B.S. Degree, West Point, New York, May 22, 1985
Medical School: New York Medical College, M.D. Degree, Valhalla, New York, June 5, 1989
TRAINING:
Internship: Transitional, Tripler Army Medical Center, Honolulu, Hawaii, July 1, 1989 - June
30, 1990
Residency: Orthopaedic, Tripler Army Medical Center, Honolulu, Hawaii, July 1, 1991- June
30, 1995
Fellowship: Sports Medicine, U.S. Army Institute of Surgical Research, San Antonio, Texas,
July 1, 1995 - June 30, 1996, United States Military Academy, West Point, New
York, June 30, 1996 – June 30, 1997 with rotations at the Vail Steadman-Hawkins
Clinic and the Hospital for Special Surgery, March 1 – June 1, 1997
CURRENT APPOINTMENTS/POSITIONS:
Clinical Professor of Orthopedic Surgery at the Baylor College of Medicine at The San Antonio
Orthopaedic Group, an Antonio, TX
March 1, 2017 to present
Co-Director, Baylor College of Medicine-San Antonio Combined Texas Sports Medicine
Fellowship
March 2017 to present
Head Team Physician, San Antonio Missions
January 14, 2019 to present
Exhibit 2
TM DeBerardino, 18 June, 2021
Gold Cup International Soccer Sports Medicine Consultant, March 2017 to present
Medical Director, Burkhart Research Institute of Orthopaedics (BRIO), of The San Antonio
Orthopaedic Group, San Antonio, TX
August 15, 2016 to present
Orthopaedic Surgeon, The San Antonio Orthopaedic Group, San Antonio, TX
August 15, 2016 to present
Physician Leadership Council, Baptist North Central Hospital, San Antonio, TX
2017 to present
PREVIOUS APPOINTMENTS/POSITIONS:
Assistant Fellowship Director, UCONN Health, Department of Orthopaedic Surgery Sports
Medicine Fellowship, August 13, 2009 to July 31, 2016
Associate Professor, UCONN Health, Department of Orthopaedic Surgery, August 13, 2009 to
July 31, 2016
Team Physician, Orthopaedic Consultant, UCONN Huskie Athletic Department, August 13,
2009 to July 31, 2016
Webmaster, Magellan Society web site, June 2002 to present
MILITARY SERVICE:
U.S. Army: July 1, 1981- September 30, 2009, Rank: Colonel (Retired)
PAST MILITARY ASSIGNMENTS:
United States Military Academy, West Point, New York, 1981-1985
New York Medical College, Valhalla, New York, 1985-1989
Tripler Army Medical Center, Transitional Internship, Honolulu, Hawaii, 1989-1990
Watervliet Arsenal, Chief, U.S. Army Health Clinic, Watervliet, New York, 1990-1991
Tripler Army Medical Center, Orthopaedic Residency, Honolulu, Hawaii, 1991-1995
US Army Institute of Surgical Research, Joint & Soft Tissue Trauma Fellowship, Fort Sam
Houston, Texas, 1995-1996
West Point MEDDAC, Joint & Soft Tissue Trauma Fellowship, West Point, New York, 1996-
1997
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TM DeBerardino, 18 June, 2021
Orthopaedic Staff, Orthopaedic Surgery Service, Brooke Army Medical Center, Fort Sam
Houston, TX, July 1997 to May 2001
Chief, Sports Medicine Section, Orthopaedic Surgery Service, Brooke Army Medical Center,
Fort Sam Houston, TX, February 1999 to May 2001
Chief, Orthopaedic Surgery Service, 801st Combat Support Hospital in support of Operation Iraqi
Freedom, Kuwait City, Kuwait, May to October 2003
Chief, Orthopaedic Surgery Service, Keller Army Hospital, West Point, NY, June 2001 to 2005
Team Physician, Intercollegiate Athletic Program, United States Military Academy, West Point,
New York, June 2001 to 2005
Webmaster, Society of Military Orthopaedic Surgeons web site, December 1998 to 2005
Director, John A. Feagin, Jr. Sports Medicine Fellowship at West Point, April 2005 to May 2009
Head Team Physician, United States Military Academy, West Point, New York, April 2005 to
May 2009
Director of Clinical Investigation, Keller Army Hospital, West Point, NY, April 2005 to 2009
Member, United States Military Academy Admissions Committee, 2004 to 2009
Member, United States Military Academy Medical School Candidate Selection Board, 2004 to
2009
CERTIFICATION & LICENSE:
National Board of Medical Examiner, 1990
New York State Medical License, 182929-1, 1990 to present
Part I American Board of Orthopaedic Surgery, 1995
Part II American Board of Orthopaedic Surgery, 1999, Recertified 2009
Sports Medicine CAQ, 2008
Connecticut State Medical License, 047123, October 10, 2008 to present
Texas State Medical License, Q9597, August 15, 2016 to present
PROFESSIONAL SOCIETIES:
Arthroscopy Association of North America, 2009-present
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TM DeBerardino, 18 June, 2021
ACL Study Group, 2009-present
Herodicus Society, 2008-present
Academic Orthopaedic Association, 2005-present
Magellan Society for Traveling Fellows, AOSSM, 2001-present
Fellow, American Academy of Orthopaedic Surgeons, 2000-present
American Orthopaedic Society of Sports Medicine, 1999-present
Associate Member, American Academy of Orthopaedic Surgeons, 1995-2000
Society of Military Orthopaedic Surgeons, 1992-present
American Medical Association, 1989-2002
PROFESSIONAL COMMITTEE APPOINTMENTS:
AOSSM Council of Delegates for Texas, 2019-2022
AOSSM Education Committee, 2017-2020
ISAKOS Sports Medicine Committee, 2017-2021
Chairman, Nominating Committee, Herodicus Society 2015-2016
Board Member, Aesculap, Data Safety Monitoring Board 2014 to present
Chairman, AOSSM Fellowship Committee, 2012 to 2015
AOSSM Fellowship Committee, 2010 to 2015
Chairman, AOSSM Self-Assessment Committee, 2009 to 2012
President, Magellan Society, 2008-2010
AOSSM Board of Directors, Member-at-Large under 45, 2007-2009
AOSSM Traveling Fellowship Committee, 2007 to 2011
AOSSM Enduring Education Committee, 2005 to 2015
AOSSM Self-Assessment Committee, 2004 to 2012
AOSSM Internet Committee member, 2000 to 2005
4
TM DeBerardino, 18 June, 2021
AAOS Public Relations Oversight Group, 2006 to 2009
AAOS Internet Committee member, 2001 to 2005
Scientific Program Chairman for the 42nd Annual Meeting of 10-15 December, 2000
the Society of Military Orthopaedic Surgeons,
San Antonio, Texas,
JOURNAL EDITOR:
Chief Editor for Medscape Drugs & Diseases 2014 to present
Managing Editor, Orthopaedic Section, November 2000 to 2014
Online Medical Textbook, www.Emedicine.com, now Medscape.com
Associate Editor, Current Orthopaedic Practice, November 2008 to present
JOURNAL REVIEWER:
Journal Reviewer, J of Trauma, 1999 to present
Journal Reviewer, Arthroscopy, 2000 to present
Journal Reviewer, Am J Sports Med, February 2002 to present
Journal Reviewer, Medicine & Science in Sports & Exercise, July 2002 to present
Journal Reviewer, Current Orthopaedic Practice May 2008 to present
Journal Reviewer, JSES April 2014 to present
Journal Reviewer, JBJS August 2014 to present
Journal Reviewer, AJO April 2016 to present
Journal Reviewer, Journal of Athletic Training March 2014 to present
BMC Musculoskeletal Disorders January 2012 to present
SMAR January 2012 to present
OJSM January 2016 to present
TEACHING POSITIONS:
Co-Director, Combined Baylor-San Antonio BRIO, March 2017 to present
Texas Sports Medicine Fellowship, Baylor College of Medicine and
5
TM DeBerardino, 18 June, 2021
the San Antonio Orthopaedic Group
Professor of Orthopaedic Surgery March 2017 to present
Baylor College of Medicine, Houston, TX
Assistant Director, Orthopaedic Sports Medicine Fellowship, November 2009 to July 2016
UConn Health Center, Farmington, CT
Associate Professor, Department of Orthopaedic Surgery, July 2009 to July 2016
UConn Health Center, Farmington, CT
Director, John A. Feagin, Jr., Sports Medicine Fellowship, April 2005 to May 2009
Keller Army Hospital, West Point, NY
Research Director, U.S. Army Joint & Soft Tissue Trauma Sports Ju1y 1997 to July 2005
Medicine Fellowship, co-located at the U.S. Army Institute of
Surgical Research, Fort Sam Houston, Texas, and Keller Army
Hospital, West Point, NY
Associate Professor, Department of Surgery, F. E. Edward Hébert, 7 November 2007 to present
School of Medicine, Uniformed Services University of the Health
Sciences, Bethesda, MD
Clinical Instructor, Department of Surgery, F. E. Edward Hébert 6 April 1998 to 2007
School of Medicine, Uniformed Services University of the Health
Sciences, Bethesda, MD
Adjunct Professor, Army Medical Department-Baylor University June 1998 to 2001
Combined Graduate Physical Therapy Program,
Fort Sam Houston, Texas
Associate Professor, USM-BU Sports Medicine-PT Doctoral October 2001 to 2009
Program
AWARDS/ACTIVITIES:
1. Airborne School Graduate, 1983
2. Army Service Ribbon, June 1989
3. Army Commendation Medal, June 1991, June 1997, October 2003
4. Army Achievement Medal, June 1996
5. Meritorious Service Medal, May 2001, May 2009
6. Kirk Award Honorable Mention for presentation: Glenoid Labrum Evaluation with MR
Arthrography, MR Imaging, and CT Arthrography. Society of Military Orthopaedic
Surgeons, 36th Annual Meeting, Hilton Head, South Carolina, 18 November, 1994
7. Best Scientific Paper: Arthroscopic Treatment of Soft Tissue Impingement in Athletes.
Hawaii Orthopaedic Association, Tenth Annual Combined Orthopaedic Spring Symposium,
Honolulu, Hawaii, 21-22 April, 1995
6
TM DeBerardino, 18 June, 2021
8. Best Scientific Paper: Glenoid Labrum Evaluation with MR Arthrography, MR Imaging, and
CT Arthrography. American College of Surgeons, Hawaii Chapter, Annual Meeting,
Honolulu, Hawaii, 30 May, 1995
9. 2000 Aircast Award for Clinical Science Presentation: A Prospective, Randomized
Evaluation of Acute, Traumatic , First-Time Shoulder Dislocations, Presented at the 26th
Annual Meeting of the American Orthopaedic Society for Sports Medicine, Sun Valley, ID,
June 20, 2000
10. The AOSSM-ESSKA 2002 European Traveling Fellowship, April-May 2002
11. Selected as Knee Hero by Knee1.com (http://www.knee1.com/hero/hero.cfm/58/1) , October
2, 2003
12. Army “A” Academic Achievement Designator Award, July, 2004
13. AAOS Leadership Fellows Program selectee, 2005-2006
14. AOSSM NCAA Research Award, 2007. Owens BD, Duffey ML, Nelson BJ, DeBerardino
TM, Taylor DC, Mountcastle SB. The Epidemiology of Shoulder Instability in a College-
Aged Athletic Population. American Orthopaedic Society for Sports Medicine 2007 Annual
Meeting, Calgary, Alberta, Canada, July 12-15, 2007.
15. Army Legion of Merit Medal, October, 2010.
16. AAOS 2019 Kappa Delta Award, Predictors of Clinical Outcome Following Revision
Anterior Cruciate Ligament Reconstruction”, February 3, 2019.
PUBLICATIONS:
1. Chandnani VP, Yeager TD, DeBerardino TM, Christensen KP, et al: Glenoid labral tears:
prospective evaluation with MR imaging, MR arthrography, and CT arthrography. American
Journal of Radiology, 161(6): 1229-1235, 1993.
2. Williamson MP, Chandnani VP, DeBerardino TM, et al: Shoulder impingement syndrome:
diagnostic accuracy of magnetic resonance imaging and radiographic signs. Australasian
Radiology, 38: 265-271, 1994.
3. Rungee JL, Fay MJ, DeBerardino TM: Olecranization of the patella. Orthopaedics, 18(1):
44-52, 1995.
4. Chandnani VP, Gagliardi JA, DeBerardino TM, et al: Glenohumeral ligaments and shoulder
capsular mechanism: Evaluation using MR arthrography. Radiology 196(1): 27-32, 1995.
5. DeBerardino TM, Arciero RA, Taylor DC: Arthroscopic stabilization of acute, initial
anterior shoulder dislocation: The West Point experience. Journal of the Southern
Orthopaedic Association, 5(4): 263-271, Winter, 1996.
6. DeBerardino TM, Arciero RA, Taylor DC: Arthroscopic treatment of soft-tissue
impingement of the ankle in athletes. Arthroscopy 13(4), 492-498, 1997.
7. Bottoni CR, DeBerardino TM, Fester EW, Mitchell D, Penrod BJ. An intra-articular
bioabsorbable interference screw mimicking an acute meniscal tear eight months following an
anterior cruciate ligament reconstruction. Arthroscopy, 16(4):395-8, 2000.
8. Carrino JA, Chandnani VP, Mitchell DB, Choi-Chinn K, DeBerardino TM, Miller MD.
Pectoralis major muscle and tendon tears: diagnosis and grading using magnetic resonance
imaging. Skeletal Radiology 29(6), 305-13, 2000.
9. DeJong ME, DeBerardino TM, Brooks DE, Nelson MB, Campbell AA, Bottoni MC, Pusateri
AE, Walton MR, Guymon CH, McManus AT. Antimicrobial efficacy of external fixator pins
coated with a lipid stabilized hydroxyapatite/chlorhexidine complex to prevent pin tract
infection in a goat model. J Trauma 50(6):1008-14, 2001.
Preview
Filed: 1/13/2023 6:57 PM JOHN D. KINARD - District Clerk Galveston County, Texas Envelope No. 71807237 By: Lisa Kelly 1/17/2023 8:13 AM CAUSE NO. 21-CV-0851 JANET COHEN, § IN THE DISTRICT COURT Plaintiff, § § V. § § GALVESTON COUNTY, TEXAS A. SMECCA, INC. DBA PAPA'S § PIZZA & GALVESTON § RESTAURANT GROUP, INC., § Defendants. § 122nd JUDICIAL DISTRICT PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES TO THE HONORABLE JUDGE OF THE COURT: COMES NOW, Plaintiff, Janet Cohen, and files this Designation of Expert Witnesses to designate the following testifying and treating experts: I. RETAINED TESTIFYING EXPERTS 1. Thomas Michael DeBerardino, MD 635 Elizabeth Road San Antonio, Texas 78209 210-428-0130 Dr. DeBerardino is an orthopaedic surgeon with more than thirty years of experience treating patients with shoulder, nerve, wrist, hand, and other orthopaedic injures like those Janet Cohen suffered as a result of the fall on Defendants’ premises. He may offer testimony regarding Cohen’s injuries, treatment, prognosis, impairment, and medical conditions related to the fall on Defendants’ property as well as the reasonableness and necessity of past and future medical expenses associated with the same. Dr. DeBerardino may also offer testimony about causation and how Ms. Cohen’s injuries, prognosis, and future medical treatment relates to the fall at issue. Dr. DeBerardino’s opinions and mental impressions are set forth in the preliminary report attached as Exhibit 1. In addition to his experience, education, training, skill, and knowledge, Dr. DeBerardino has had access to the documents identified in his report and has reviewed the same in anticipation of his testimony. All of the materials listed on are the kinds of facts and data that experts in Dr. DeBerardiino’s field reasonably rely on when forming opinions on these subjects. Dr. DeBerardino reserves the right to supplement his anticipated testimony if additional information, including a site visit, becomes available. 1 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES Dr. DeBerardino’s curriculum vitae and bibliography is attached as Exhibit 2. 2. Tony DiNicola, AIA, RID, APA 4404 Fiesta Circle Fort Worth, Texas 76133 817-980-6196 Mr. DiNicola is a licensed architect with more than forty years of experience in architectural practice, commercial property design, accessibility, and standards. He may offer testimony on research, design, management, safety, accessibility, standards, and codes applicable to the parking lot and premises located at 4400 Seawall Boulevard, Galveston, Texas 77550. Mr. DiNicola is expected to offer opinions and mental impressions about the design, construction, safety, applicable ordinances, applicable standards, applicable codes, and accessibility as it relates to wheel stops, pedestrians, walking surfaces, and points of ingress and egress. Mr. DiNicola is further expected to testify as to what a commercial property occupant and/or owner of ordinary prudence should have done related to the conditions in the parking lot and on the premises of 4400 Seawall Boulevard, Galveston, Texas 77550 in the same or similar circumstances as Defendants and what Defendants failed to do regarding the same. Mr. DiNicola’s opinions and mental impressions are set forth in the preliminary report attached as Exhibit 3. In addition to his experience, education, training, skill, and knowledge, Mr. DiNicola has had access to the documents identified in his report and has reviewed the same in anticipation of his testimony. All of the materials listed on are the kinds of facts and data that experts in Mr. DiNicola’s field reasonably rely on when forming opinions on these subjects. Mr. DiNicola reserves the right to supplement his anticipated testimony if additional information, including a site visit, becomes available. Mr. DiNicola’s curriculum vitae and bibliography is attached as Exhibit 4. II. NON-RETAINED EXPERTS 1. Custodian of records and/or Palm Beach Sports Medicine & Orthopaedic Center, P.A. and/or Gary N. Ackerman, M.D., Ronald M. Snyder and/or M.D. and/or John L. Randazzo, M.D. 641 University Boulevard, Suite B214 Jupiter, Florida 33458 561-845-6000 2 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Doctors Ackerman, Snyder, and Randazzo examined Plaintiff for her injuries and performed evaluative tests on multiple occasions from the time of injury to the present. Dr. Ackerman is an orthopaedic surgeon who is not within Plaintiff’s control, but generally Plaintiff would expect him to testify regarding his observations, records, billing, and the treatment he provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. 2. Custodian of records and/or Houston Methodist Hospital and/or Rishi R. Bhardwaj, M.D., and/or Joshua Woody, M.D. 6565 Fannin Street Houston, Texas 77030 713-790-3311 Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Dr. Bhardwaj provided preoperative clearance for Plaintiff’s December 6, 2019 surgery at Houston Methodist Hospital, and Dr. Woody was the surgeon for Plaintiff’s December 6, 2019 surgery. These experts are not within Plaintiff’s control, but generally Plaintiff would expect them to testify regarding their observations, records, billing, and the treatment they provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. 3. Custodian of records and/or Strive Physical Therapy & Sports Rehabilitation and/or Michelle Derr, PT. 740 Marne Highway, Suite 203 Moorestown, New Jersey 08057 856-914-1400 Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Michelle Derr is the physical therapist who oversaw Plaintiff’s therapeutic plan of care, including patient assessment and weekly rehabilitation activities, for the month of January 2020. These experts are not within Plaintiff’s control, but generally Plaintiff would expect them to testify regarding their observations, records, billing, and the treatment they provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. 4. Custodian of records and/or Rothman Orthopaedics and/or Steven Caruso, M.D. Corporate Headquarters 925 Chestnut Street, 5th Floor Philadelphia, Pennsylvania 19107 1-866-629-3409 3 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Dr. Caruso examined Plaintiff on January 9, 2020 and recommended physical therapy. This expert is not within Plaintiff’s control, but generally Plaintiff would expect him to testify regarding his observations, records, billing, and the treatment he provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. 5. Custodian of records and/or University of Texas Medical Branch at Galveston and/or Anju Kuruvilla, M.D. 301 University Boulevard Galveston, Texas 77555 409-772-5136 Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Dr. Kuruvilla treated Plaintiff in the emergency department on November 26, 2019 and ordered the x-rays that showed Plaintiff’s displaced right humeral diaphyseal periprosthetic fracture, including swelling of overlying soft tissue, and mildly displaced right third rib fracture. These experts are not within Plaintiff’s control, but generally Plaintiff would expect them to testify regarding their observations, records, billing, and the treatment they provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. 6. Custodian of records and/or Fyzical Therapy & Balance Centers and/or Kat Lowry, DPT. 7431 W Atlantic Ave., Suite 52 Delray Beach, Florida 33446 (561) 331-3636 Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Plaintiff continues to receive physical and occupational therapy at Fyzical Therapy and Balance Centers in Florida (about 3-5 times a week) and may need further treatment. These experts are not within Plaintiff’s control, but generally Plaintiff would expect them to testify regarding their observations, records, billing, and the treatment they provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. 7. Custodian of records and/or Personalized Orthopedics of the Palm Beaches and/or Jennifer Tucker, MD. 6056 Boyton Beach Blvd. #215 Boyton Beach, Florida 33437 (561) 733-5888 4 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES Plaintiff’s healthcare providers with knowledge of her injuries, mechanism of injury, condition, treatment, prognosis, medical expenses incurred in the past and future medical expenses. Dr. Tucker examined Plaintiff in May and September of 2021 and discussed multiple treatment options for Plaintiff’s neuropathy, bilateral carpal and cubital tunnel syndromes; and suggested further surgery to prevent Plaintiff’s symptoms from getting worse. These experts are not within Plaintiff’s control, but generally Plaintiff would expect them to testify regarding their observations, records, billing, and the treatment they provided as well as Plaintiff’s future medical needs and prognosis as those matters are presented in the medical and billing records. III. OTHER DESIGNATIONS 1. Plaintiff reserves 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. Plaintiff reserves the right to elicit, by way of cross-examination, opinion testimony from experts designated and called by other parties to the suit, and express their intention to call, as witnesses associated with adverse parties, any of the other parties’ experts. 3. Plaintiff reserves the right to call un-designated rebuttal expert witnesses, whose testimony cannot reasonably be foreseen until the presentation of the evidence in this trial. The need for their testimony cannot be anticipated at this time. Moreover, since the subject matter concerning their testimony would relate may not be anticipated at this time, Plaintiff cannot at this time provide more detail regarding their potential testimony. 4. Plaintiff reserves the right to withdraw the designation of expert 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. 5. Plaintiff reserves 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. Plaintiff hereby designates, 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. Plaintiff reserves the right to designate and /or call any such party or any such expert previously designated by any party. 7. Plaintiff reserves 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 the district court. 5 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES 8. Plaintiff reserves the right to adversely call any expert heretofore or hereafter designated by the other parties to this lawsuit. 9. Plaintiff designates each and every timely designated expert who is timely designated by Defendant A. Smecca, Inc. DBA Papa’s Pizza. 10. Furthermore, to the extent that any person with knowledge of relevant facts is qualified by his or her training, experience and/or education, Plaintiff reserves the right to elicit expert testimony from each such person. Respectfully Submitted, Attorney-in-Charge THE GOLDBERG LAW OFFICE, PLLC /s/ Daniel J. Goldberg Daniel J. Goldberg State Bar No. 24052856 2507 Calumet Street Houston, Texas 77004 DJG@LawGoldberg.com Phone: 713-942-0600 Fax: 713-942-0601 Of Counsel HEATHER LONG LAW PC /s/ Heather Lynn Long Heather Lynn Long, State Bar No. 24055865 4310 N Central Expressway Dallas, Texas 75206 214-699-5994 heather@heatherlonglaw.com ATTORNEYS FOR PLAINTIFF 6 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff’s Designation of Expert Witnesses was served on Defendant A. Smecca, Inc. DBA Papa’s Pizza by and through its attorneys of record, Christopher C. Garcia and Lauren E. Childress, at 1207 South Shepard Drive, Houston, Texas 77019, via electronic mail to chrisgarcia@garcialg.com and laurenchildress@garcialg.com through the Court’s e-filing system on this the 13th day of January 2023. /s/ Heather Lynn Long Heather Lynn Long 7 – PLAINTIFF’S DESIGNATION OF EXPERT WITNESSES THOMAS M. DEBERARDINO, MD 635 Elizabeth Road San Antonio, Texas 78209 Heather Lynn Long Heather Long Law PC 4310 N. Central Expressway Dallas, Texas 75206 January 13, 2023 Re: Cohen v. A. Smecca, Inc. d/b/a Papa’s Pizza Dear Heather, I have reviewed Janet Cohen’s medical records that were provided to me concerning the above-referenced case. This report articulates my opinions regarding the injuries Ms. Cohen sustained as the result of the fall that occurred on November 26, 2019, the reasonableness and necessity of the treatment she has been provided to date, and her future medical needs. The opinions in this report are given within a reasonable degree of medical probability based on my education, training, and experience. A copy of my curriculum vitae is attached. I. Qualifications I am a practicing and licensed physician and Clinical Professor in the field of orthopaedic surgery at the University of Health Science Center in San Antonio, Texas. My other positions include Clinical Professor of Orthopedic Surgery at Baylor College of Medicine; Team Physician for the XFL San Antonio Brahma Football Team, Team Physician UTSA Roadrunners, and Gold Cup International Soccer Sports Medicine Consultant. I have also served as Assistant Fellowship Director for the Department of Orthopaedic Surgery Sports Medicine Fellowship at UCONN Health, Associate Professor in the Department of Orthopaedic Surgery at UCONN Health, and Team Physician and Orthopaedic Consultant for the UCONN Huskie Athletic Department. 1 Exhibit 1 In September 2009, I retired from the U.S. Army at the rank of Colonel. I received my medical degree from New York Medical College in 1989. Following that, I completed an internship and my orthopaedic residency at the Tripler Army Medical Center in Hawaii. My Fellowship in Sports Medicine included the U.S. Army Institute of Surgical Research (San Antonio, Texas), the United States Military Academy (West Point, New York), and rotations at the Vail Steadman-Hawkins Clinic and the Hospital for Special Surgery. Additional medical positions in the U.S. Army are listed in the CV that is attached. I am board certified by the American Board of Orthopaedic Surgery, and I have served in several associations specific to orthopaedic surgery and sports medicine. Currently I serve as a peer reviewer for multiple medical journals, including the Journal of Trauma, Journal of Arthroscopy, and Orthopaedic Journal of Sports Medicine. I regularly treat patients following acute traumatic injury to the upper extremities, including the shoulder, as part of my practice as an orthopaedic surgeon. I have treated and evaluated patients who have traumatic shoulder fractures, open reverse total shoulder arthroplasty, right humeral periprosthetic fracture ORIF with allograft, and related conditions. Through this I am familiar with these conditions, their respective causes, the treatment options, prognosis, recovery, and long-term outlook for patients like Janet Cohen. I am also familiar with the reasonableness and necessity of the medical care received and detailed in Ms. Cohen’s medical records. II. Materials Reviewed In the preparation of this report, I have reviewed Janet Cohen’s medical and billing records identified below as well as her deposition testimony regarding the fall and her injuries. UTMB at Galveston Houston Methodist Hospital Rothman Orthopaedics Palm Beach Sports Medicine and Orthopaedic Strive Physical Therapy and Sports Rehabilitation Fyzical Therapy & Balance Centers Janet Cohen Deposition 2 III. Factual Summary Janet Cohen fell in the parking lot of Papa’s Pizza in Galveston, Texas on November 26, 2019. At the time of the fall Janet was approximately fourteen months out from a right reverse total shoulder arthroplasty for a right shoulder proximal humerus fracture performed in September 2018. According to Janet’s deposition, the fall at Papa’s Pizza occurred when she tripped over an exposed parking stop. She described the impact as: “I literally got catapulted from that fall up the curb, and I went straight into the red wall and broke some ribs and then fell from the red wall onto my shoulder on the pavement.” (p. 55) Janet presented to the UTMB at Galveston emergency department that night reporting “right arm pain, right sided rib pain, tailbone pain and cervical pain” per Anju S. Kuruvilla, MD’s emergency department note. Her musculoskeletal exam was positive for arthralgias (joint stiffness), neck pain (posterior), tail bone pain, anterior rib pain, and right arm pain from her shoulder to her right hand. Physical examination revealed: • Tenderness • +cms to right hand and capillary refill less than two seconds • Inability to abduct right shoulder due to pain • Pain with palpation over right upper arm and entire right arm • Pain with palpation to anterior inferior ribs, right side • Pain to coccyx X-Rays of Janet’s right humerus, hand, wrist, forearm, elbow, and shoulder were taken in the ED. When compared to 9/29/2018 x-rays taken prior to the fall, x-rays of Janet’s shoulder showed: “Changes of reversed right shoulder arthroplasty are seen. A displaced humeral diaphyseal fracture is seen at the base of the humeral component of the hardware. A 13 mm distraction is seen between the proximal and distal fracture fragments. Overlying soft tissue swelling is present.” A mildly displaced fracture of the right third rib was also identified. Ryan Siller, MD performed an orthopaedic surgery consult on 11/27/2019 at 0320. Notes from the consult state: “XR in ED show 3 periprosthetic fracture of humeral component affecting the length of the stem.” Janet was visiting Texas from her home in Florida at the time of injury. As a result, UTMB discharged the patient with a sling and prescription pain medication so that she could receive treatment closer to home. Instructions to return if her symptoms worsened were also given. On 12/2/2019, Janet presented to Houston Methodist Hospital for her worsening right periprosthetic humerus shaft fracture and was admitted for open reduction and internal fixation of the right humerus shaft. She reported pain levels of 7-8 at the time of admission. X-rays of the right humerus taken 12/2/2019 showed “displaced periprosthetic fracture” that extended distally to the mid humerus shaft and a fracture line extending distal past the tip of the implant stem. A treatment plan of operative treatment and pain control was made pending clearance by cardiology and endocrinology. Endocrinology consult notes reported breakthrough pain while taking pain medication every four hours and elevated blood sugar due to her severe pain since admission. On 12/6/2019, Joshua Woody, MD performed a right humeral periprosthetic fracture open reduction with allograft. The patient’s post operative diagnosis identified the fracture sustained in the fall at Papa’s Pizza as well as traumatic right radial nerve injury due to fracture. That finding resulted in Dr. Woody also performing a right arm radial nerve neuroplasty, radial nerve decompression, and radial nerve mobilization. The Houston Methodist Hospital records show Janet struggled with severe pain while hospitalized for post-operative care following the procedure. She remained in the hospital for until 12/11/2019. After her discharge in Texas, Janet stayed with her sister in New Jersey so that she had the assistance she needed for daily activities during the first six weeks after hospital discharge. While in New Jersey, she saw Steven Caruso, MD at Rothman Orthopaedics for post-operative follow up as she was directed to do at the time of discharge. Dr. Caruso’s progress note dated 1/9/2020 states Janet was experiencing some numbness and tingling along the right hand and forearm. X-rays taken showed a well-aligned and reduced periprosthetic humeral shaft fracture that had “some signs of early bony healing.” Dr. Caruso also noted decreased range of motion at the right elbow 4 due to stiffness and at the right shoulder due to pain. Physical therapy and occupational therapy were recommended. While in New Jersey, Janet received physical and occupational therapy at Strive Physical Therapy and Sports Rehabilitation between 01/13/2020 and 01/31/2020. Records from Strive on 01/13/2020 show pain rated at 8/10 at the time of the visit and 10/10 when at its worst. Her FOTO Functional Score was 28% function, upper extremity strength impairments, range of motion impairment, difficulty sleeping comfortably and due to pain, and inability to perform 100% of daily activities for self-care. A physical therapy plan consisting of 3 visits per week for 8 weeks was recommended. That treatment plan proceeded with visits on 01/16/2020, 01/20/2020, 01/22/2020, 01/24/2020, 01/28/2020, and 01/31/2020. Janet’s care was transferred from Rothman Orthopaedics and Strive in New Jersey to providers in Florida when she returned to her home. Palm Beach Sports Medicine and Orthopaedic physician Gary N. Akerman, MD took over Janet’s post-operative care. Dr. Akerman’s examined Janet on 04/13/2020 and noted glenohumeral joint TTP, limited motion, and soreness. Further workup including gentle PT and EMG was recommended because patient was “having a lot of numbness and weakness and tingling in her extremity.” Dr. Akerman examined Janet again on 05/11/2020 and documented her continued right shoulder pain, pain in her right wrist joint, as well as continued tingling, stiffness, and numbness into the hand and wrist. He noted the EMG was difficult to interpret because the patient could not hold her hand still, but evidence of radial sensory branch injury (potentially secondary to prior trauma) and an axillary nerve deltoid issue. Continued physical therapy as well as occupational therapy (subject to limitations related to the then-recent outbreak of COVID-19). Follow up for shoulder pain and the above-referenced conditions occurred on 06/22/2020. Notes discussing that visit re-affirm nerve injury subsequent to trauma. A recommendation of conservative treatment with B vitamins and continued therapy was made with plans to consider other options should such treatment fail. Dr. Akerman also saw Janet on 09/22/2020 during which he observed significant atrophy of the subscapularis with possibility of 5 rupture, deltoid atrophy, and limited motion. He described Janet as having “very limited motion and neurological compromise.” Janet saw Dr. Akerman again on 10/28/2020 for evaluation of her right upper extremity injuries. She was still experiencing “significant nerve deficiency” and her range of motion was “grossly limited with pain” according to his records. Dr. Akerman recommended continuing physical therapy and determined: “I think her nerve function will take a lot of time to come back if it does we will continue physical therapy and conservative management if possible . . . at some point the plate may have to come out to be shaved because it may impinge.” Dr. Akerman examined Janet again on 03/21/2021 and noted again that Janet had limited motion and radial nerve injury associated with the fracture she suffered in November 2019. He also noted right wrist pain and diagnosed her with carpal tunnel syndrome that would eventually require surgical release. Continued physical and occupational therapy was recommended. Janet followed up with Dr. Akerman again on 07/26/2021. Visit notes show Janet’s efforts in physical and occupational therapy had resulted in good progress as it relates to range of motion. Continued physical and occupational therapy was recommended. As shown in physical and occupational therapy records from Fyzical Therapy and Balance, Janet has endured a long and difficult recovery for the injuries caused by her fall in the Papa’s Pizza parking lot have and that recovery is still on-going. She has done multiple rounds of physical therapy as recommended by her treating physician as an effort to exhaust all conservative treatment options to reduce her pain and obtain maximum medical improvement. Records show Janet completed the following rounds of physical therapy for her right upper extremity injuries caused by the fall: PT Right Shoulder (October 1, 2020 – December 22, 2020), OT Right Shoulder (January 26, 2021 – February 4, 2021), PT Right Shoulder and Left Shoulder (May 14, 2021 – September 27, 2021), PT Right Shoulder (September 19, 2022 – November 9, 2022), and OT Right Upper Limb (May 13, 2021 – June 22, 2021). 6 The records show she has continued to struggle with range of motion, weakness, pain, and nerve-related issues. The progress notes from her most recent physical therapy in late 2022 indicate that Dr. Akerman was again considering future surgeries for the ulnar nerve and carpal tunnel. They also show she has continued impairment directly associated with the injuries caused by the fall, including difficulties doing tasks like putting on a seat belt, dressing, and household chores. IV. Opinions and Analysis There is no question that the fall at Papa’s Pizza on 11/26/2019 caused Janet Cohen’s right shoulder periprosthetic fracture, rib fracture, nerve injuries, and subsequent development of wrist and joint problems as well as Janet’s long-term impairment and persistent pain. The treatment she received from UTMB and Houston Methodist Hospital and related providers was both reasonable and necessary to address her fall-related injuries. The same is true regarding the post operative treatment provided by Rothman Orthopaedics, Strive Physical Therapy & Sports Medicine, Palm Beach Sports Medicine, and Fyzical Therapy and Balance. The periprosthetic fracture Janet sustained was a devastating injury that will have life-long implications. The shoulder joint is where the rounded end of the humerus, or upper arm bone, meets the shallow socket of the shoulder blade. At the time of injury, Janet was approximately fourteen months out from having a reverse total shoulder replacement. In a reverse total shoulder replacement, the rounded head of the humerus and part of the shoulder blade socket are removed. Then, the rounded head of the humerus is replaced by a plastic socket and a metal ball replaces the removed portion of the shoulder blade. It is a major surgery. The periprosthetic humerus shaft fracture Janet sustained subjected her two another major shoulder surgery that would not have been necessary but for the fall. The open reduction and internal fixation with allograft and radial nerve neuroplasty Janet underwent were required to address the fracture and nerve injuries she sustained. Having a second major shoulder surgery made Janet’s recovery more difficult and increased her level of impairment. 7 The records show that Janet began having numbness, tingling, pain, stiffness, and difficulty with other parts of her right arm—wrist, hand, and elbow. Those problems are also, in all reasonable medical probability, related to the injuries caused by the Papa’s Pizza parking lot fall. As noted above, the fall also injured Janet’s radial nerve and that neurolysis impacted her entire upper right extremity. Janet’s difficult recovery and the impairment described in the records are completely consistent with what would be expected for a patient who sustains a periprosthetic fracture following a reverse total shoulder replacement. It takes a long time for a patient with an injury like Janet’s to reach maximum medical improvement. Physical therapy and occupational therapy like that Janet received are necessary for this type of injury. In this case, Janet’s treating orthopaedic surgeon has prescribed therapy incrementally to address Janet’s pain, impairment, and other symptoms. That is totally appropriate for a patient in Janet’s situation. He has also recommended future surgical procedures to address the carpal tunnel Janet developed and continues to watch Janet’s shoulder because her symptoms indicate a future surgery to remove and shave the plate may become necessary. Those future recommendations are medically reasonable. Based on my review of the records, there is a medical probability that Janet will require future surgical intervention to address the carpal tunnel, ulnar nerve, and shave the plate in her shoulder. Those procedures would also require subsequent hospitalization, physical therapy, and result in even greater impairment. I reserve the right to amend my opinions pending further information made available for my review. Sincerely, Thomas M. DeBerardino, MD 8 CURRICULUM VITAE THOMAS MICHAEL DEBERARDINO, MD The San Antonio Orthopaedic Group 400 Concord Plaza Dr. San Antonio, TX 78216 Phone (210) 428-0130 Fax (210) 593-1434 Born: 3 January 1964, Philadelphia, Pennsylvania EDUCATION: High School: Heidelberg American High School, Heidelberg, Germany, June, 1981 Undergraduate: U.S. Military Academy, B.S. Degree, West Point, New York, May 22, 1985 Medical School: New York Medical College, M.D. Degree, Valhalla, New York, June 5, 1989 TRAINING: Internship: Transitional, Tripler Army Medical Center, Honolulu, Hawaii, July 1, 1989 - June 30, 1990 Residency: Orthopaedic, Tripler Army Medical Center, Honolulu, Hawaii, July 1, 1991- June 30, 1995 Fellowship: Sports Medicine, U.S. Army Institute of Surgical Research, San Antonio, Texas, July 1, 1995 - June 30, 1996, United States Military Academy, West Point, New York, June 30, 1996 – June 30, 1997 with rotations at the Vail Steadman-Hawkins Clinic and the Hospital for Special Surgery, March 1 – June 1, 1997 CURRENT APPOINTMENTS/POSITIONS: Clinical Professor of Orthopedic Surgery at the Baylor College of Medicine at The San Antonio Orthopaedic Group, an Antonio, TX March 1, 2017 to present Co-Director, Baylor College of Medicine-San Antonio Combined Texas Sports Medicine Fellowship March 2017 to present Head Team Physician, San Antonio Missions January 14, 2019 to present Exhibit 2 TM DeBerardino, 18 June, 2021 Gold Cup International Soccer Sports Medicine Consultant, March 2017 to present Medical Director, Burkhart Research Institute of Orthopaedics (BRIO), of The San Antonio Orthopaedic Group, San Antonio, TX August 15, 2016 to present Orthopaedic Surgeon, The San Antonio Orthopaedic Group, San Antonio, TX August 15, 2016 to present Physician Leadership Council, Baptist North Central Hospital, San Antonio, TX 2017 to present PREVIOUS APPOINTMENTS/POSITIONS: Assistant Fellowship Director, UCONN Health, Department of Orthopaedic Surgery Sports Medicine Fellowship, August 13, 2009 to July 31, 2016 Associate Professor, UCONN Health, Department of Orthopaedic Surgery, August 13, 2009 to July 31, 2016 Team Physician, Orthopaedic Consultant, UCONN Huskie Athletic Department, August 13, 2009 to July 31, 2016 Webmaster, Magellan Society web site, June 2002 to present MILITARY SERVICE: U.S. Army: July 1, 1981- September 30, 2009, Rank: Colonel (Retired) PAST MILITARY ASSIGNMENTS: United States Military Academy, West Point, New York, 1981-1985 New York Medical College, Valhalla, New York, 1985-1989 Tripler Army Medical Center, Transitional Internship, Honolulu, Hawaii, 1989-1990 Watervliet Arsenal, Chief, U.S. Army Health Clinic, Watervliet, New York, 1990-1991 Tripler Army Medical Center, Orthopaedic Residency, Honolulu, Hawaii, 1991-1995 US Army Institute of Surgical Research, Joint & Soft Tissue Trauma Fellowship, Fort Sam Houston, Texas, 1995-1996 West Point MEDDAC, Joint & Soft Tissue Trauma Fellowship, West Point, New York, 1996- 1997 2 TM DeBerardino, 18 June, 2021 Orthopaedic Staff, Orthopaedic Surgery Service, Brooke Army Medical Center, Fort Sam Houston, TX, July 1997 to May 2001 Chief, Sports Medicine Section, Orthopaedic Surgery Service, Brooke Army Medical Center, Fort Sam Houston, TX, February 1999 to May 2001 Chief, Orthopaedic Surgery Service, 801st Combat Support Hospital in support of Operation Iraqi Freedom, Kuwait City, Kuwait, May to October 2003 Chief, Orthopaedic Surgery Service, Keller Army Hospital, West Point, NY, June 2001 to 2005 Team Physician, Intercollegiate Athletic Program, United States Military Academy, West Point, New York, June 2001 to 2005 Webmaster, Society of Military Orthopaedic Surgeons web site, December 1998 to 2005 Director, John A. Feagin, Jr. Sports Medicine Fellowship at West Point, April 2005 to May 2009 Head Team Physician, United States Military Academy, West Point, New York, April 2005 to May 2009 Director of Clinical Investigation, Keller Army Hospital, West Point, NY, April 2005 to 2009 Member, United States Military Academy Admissions Committee, 2004 to 2009 Member, United States Military Academy Medical School Candidate Selection Board, 2004 to 2009 CERTIFICATION & LICENSE: National Board of Medical Examiner, 1990 New York State Medical License, 182929-1, 1990 to present Part I American Board of Orthopaedic Surgery, 1995 Part II American Board of Orthopaedic Surgery, 1999, Recertified 2009 Sports Medicine CAQ, 2008 Connecticut State Medical License, 047123, October 10, 2008 to present Texas State Medical License, Q9597, August 15, 2016 to present PROFESSIONAL SOCIETIES: Arthroscopy Association of North America, 2009-present 3 TM DeBerardino, 18 June, 2021 ACL Study Group, 2009-present Herodicus Society, 2008-present Academic Orthopaedic Association, 2005-present Magellan Society for Traveling Fellows, AOSSM, 2001-present Fellow, American Academy of Orthopaedic Surgeons, 2000-present American Orthopaedic Society of Sports Medicine, 1999-present Associate Member, American Academy of Orthopaedic Surgeons, 1995-2000 Society of Military Orthopaedic Surgeons, 1992-present American Medical Association, 1989-2002 PROFESSIONAL COMMITTEE APPOINTMENTS: AOSSM Council of Delegates for Texas, 2019-2022 AOSSM Education Committee, 2017-2020 ISAKOS Sports Medicine Committee, 2017-2021 Chairman, Nominating Committee, Herodicus Society 2015-2016 Board Member, Aesculap, Data Safety Monitoring Board 2014 to present Chairman, AOSSM Fellowship Committee, 2012 to 2015 AOSSM Fellowship Committee, 2010 to 2015 Chairman, AOSSM Self-Assessment Committee, 2009 to 2012 President, Magellan Society, 2008-2010 AOSSM Board of Directors, Member-at-Large under 45, 2007-2009 AOSSM Traveling Fellowship Committee, 2007 to 2011 AOSSM Enduring Education Committee, 2005 to 2015 AOSSM Self-Assessment Committee, 2004 to 2012 AOSSM Internet Committee member, 2000 to 2005 4 TM DeBerardino, 18 June, 2021 AAOS Public Relations Oversight Group, 2006 to 2009 AAOS Internet Committee member, 2001 to 2005 Scientific Program Chairman for the 42nd Annual Meeting of 10-15 December, 2000 the Society of Military Orthopaedic Surgeons, San Antonio, Texas, JOURNAL EDITOR: Chief Editor for Medscape Drugs & Diseases 2014 to present Managing Editor, Orthopaedic Section, November 2000 to 2014 Online Medical Textbook, www.Emedicine.com, now Medscape.com Associate Editor, Current Orthopaedic Practice, November 2008 to present JOURNAL REVIEWER: Journal Reviewer, J of Trauma, 1999 to present Journal Reviewer, Arthroscopy, 2000 to present Journal Reviewer, Am J Sports Med, February 2002 to present Journal Reviewer, Medicine & Science in Sports & Exercise, July 2002 to present Journal Reviewer, Current Orthopaedic Practice May 2008 to present Journal Reviewer, JSES April 2014 to present Journal Reviewer, JBJS August 2014 to present Journal Reviewer, AJO April 2016 to present Journal Reviewer, Journal of Athletic Training March 2014 to present BMC Musculoskeletal Disorders January 2012 to present SMAR January 2012 to present OJSM January 2016 to present TEACHING POSITIONS: Co-Director, Combined Baylor-San Antonio BRIO, March 2017 to present Texas Sports Medicine Fellowship, Baylor College of Medicine and 5 TM DeBerardino, 18 June, 2021 the San Antonio Orthopaedic Group Professor of Orthopaedic Surgery March 2017 to present Baylor College of Medicine, Houston, TX Assistant Director, Orthopaedic Sports Medicine Fellowship, November 2009 to July 2016 UConn Health Center, Farmington, CT Associate Professor, Department of Orthopaedic Surgery, July 2009 to July 2016 UConn Health Center, Farmington, CT Director, John A. Feagin, Jr., Sports Medicine Fellowship, April 2005 to May 2009 Keller Army Hospital, West Point, NY Research Director, U.S. Army Joint & Soft Tissue Trauma Sports Ju1y 1997 to July 2005 Medicine Fellowship, co-located at the U.S. Army Institute of Surgical Research, Fort Sam Houston, Texas, and Keller Army Hospital, West Point, NY Associate Professor, Department of Surgery, F. E. Edward Hébert, 7 November 2007 to present School of Medicine, Uniformed Services University of the Health Sciences, Bethesda, MD Clinical Instructor, Department of Surgery, F. E. Edward Hébert 6 April 1998 to 2007 School of Medicine, Uniformed Services University of the Health Sciences, Bethesda, MD Adjunct Professor, Army Medical Department-Baylor University June 1998 to 2001 Combined Graduate Physical Therapy Program, Fort Sam Houston, Texas Associate Professor, USM-BU Sports Medicine-PT Doctoral October 2001 to 2009 Program AWARDS/ACTIVITIES: 1. Airborne School Graduate, 1983 2. Army Service Ribbon, June 1989 3. Army Commendation Medal, June 1991, June 1997, October 2003 4. Army Achievement Medal, June 1996 5. Meritorious Service Medal, May 2001, May 2009 6. Kirk Award Honorable Mention for presentation: Glenoid Labrum Evaluation with MR Arthrography, MR Imaging, and CT Arthrography. Society of Military Orthopaedic Surgeons, 36th Annual Meeting, Hilton Head, South Carolina, 18 November, 1994 7. Best Scientific Paper: Arthroscopic Treatment of Soft Tissue Impingement in Athletes. Hawaii Orthopaedic Association, Tenth Annual Combined Orthopaedic Spring Symposium, Honolulu, Hawaii, 21-22 April, 1995 6 TM DeBerardino, 18 June, 2021 8. Best Scientific Paper: Glenoid Labrum Evaluation with MR Arthrography, MR Imaging, and CT Arthrography. American College of Surgeons, Hawaii Chapter, Annual Meeting, Honolulu, Hawaii, 30 May, 1995 9. 2000 Aircast Award for Clinical Science Presentation: A Prospective, Randomized Evaluation of Acute, Traumatic , First-Time Shoulder Dislocations, Presented at the 26th Annual Meeting of the American Orthopaedic Society for Sports Medicine, Sun Valley, ID, June 20, 2000 10. The AOSSM-ESSKA 2002 European Traveling Fellowship, April-May 2002 11. Selected as Knee Hero by Knee1.com (http://www.knee1.com/hero/hero.cfm/58/1) , October 2, 2003 12. Army “A” Academic Achievement Designator Award, July, 2004 13. AAOS Leadership Fellows Program selectee, 2005-2006 14. AOSSM NCAA Research Award, 2007. Owens BD, Duffey ML, Nelson BJ, DeBerardino TM, Taylor DC, Mountcastle SB. The Epidemiology of Shoulder Instability in a College- Aged Athletic Population. American Orthopaedic Society for Sports Medicine 2007 Annual Meeting, Calgary, Alberta, Canada, July 12-15, 2007. 15. Army Legion of Merit Medal, October, 2010. 16. AAOS 2019 Kappa Delta Award, Predictors of Clinical Outcome Following Revision Anterior Cruciate Ligament Reconstruction”, February 3, 2019. PUBLICATIONS: 1. Chandnani VP, Yeager TD, DeBerardino TM, Christensen KP, et al: Glenoid labral tears: prospective evaluation with MR imaging, MR arthrography, and CT arthrography. American Journal of Radiology, 161(6): 1229-1235, 1993. 2. Williamson MP, Chandnani VP, DeBerardino TM, et al: Shoulder impingement syndrome: diagnostic accuracy of magnetic resonance imaging and radiographic signs. Australasian Radiology, 38: 265-271, 1994. 3. Rungee JL, Fay MJ, DeBerardino TM: Olecranization of the patella. Orthopaedics, 18(1): 44-52, 1995. 4. Chandnani VP, Gagliardi JA, DeBerardino TM, et al: Glenohumeral ligaments and shoulder capsular mechanism: Evaluation using MR arthrography. Radiology 196(1): 27-32, 1995. 5. DeBerardino TM, Arciero RA, Taylor DC: Arthroscopic stabilization of acute, initial anterior shoulder dislocation: The West Point experience. Journal of the Southern Orthopaedic Association, 5(4): 263-271, Winter, 1996. 6. DeBerardino TM, Arciero RA, Taylor DC: Arthroscopic treatment of soft-tissue impingement of the ankle in athletes. Arthroscopy 13(4), 492-498, 1997. 7. Bottoni CR, DeBerardino TM, Fester EW, Mitchell D, Penrod BJ. An intra-articular bioabsorbable interference screw mimicking an acute meniscal tear eight months following an anterior cruciate ligament reconstruction. Arthroscopy, 16(4):395-8, 2000. 8. Carrino JA, Chandnani VP, Mitchell DB, Choi-Chinn K, DeBerardino TM, Miller MD. Pectoralis major muscle and tendon tears: diagnosis and grading using magnetic resonance imaging. Skeletal Radiology 29(6), 305-13, 2000. 9. DeJong ME, DeBerardino TM, Brooks DE, Nelson MB, Campbell AA, Bottoni MC, Pusateri AE, Walton MR, Guymon CH, McManus AT. Antimicrobial efficacy of external fixator pins coated with a lipid stabilized hydroxyapatite/chlorhexidine complex to prevent pin tract infection in a goat model. J Trauma 50(6):1008-14, 2001.