Exhibit,Appendix: Jorge A. Borden v. Thomas Colicchio, Cpm Builders, Inc.

On October 31, 2017 a Exhibit,Appendix was filed involving a dispute between Jorge A. Borden, and Cpm Builders, Inc., Thomas Colicchio, for Torts - Other Negligence (Labor Law) in the District Court of Kings County.

Preview
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NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

EXHIBIT F
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FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
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SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
----------------------------------------------------------------------X
JORGE A. BORDEN,
3101(d) RESPONSE
Plaintiff,
Index No. 521083/2017
-against-

THOMAS COLICCHIO AND CPM BUILDERS, INC.

Defendants.

----------------------------------------------------------------------X

Defendants Thomas Colicchio and CPM Builders, Inc., by their attorneys, SMITH
MAZURE, P.C., pursuant to Section 3101(d) of the Civil Practice Law and Rules of the State of
New York and the Rules of the Court, intends to call Paul Kuflik, MD as an expert witness in the
above-captioned matter.

Dr. Kuflik is a physician duly licensed to practice in the State of New York. He is board
certified in Orthopedic.

A report containing the findings of Dr. Kuflik regarding the physical examination of
plaintiff is attached hereto as Exhibit “A”. A copy of Dr. Kuflik’s curriculum vitae is annexed
hereto as Exhibit “B”.

As a physician in the field of Orthopedic, Dr. Kuflik will express an opinion as to the
lack of causal relationship between the incident complained of and the injury, if any; the lack of
permanency and limitation, if any; and the lack of actual, serious, and/or significant injury, if
any. Dr. Kuflik will base its opinion upon the details of the physical examination as outlined in
the annexed report and upon the hospital records from any and all hospitals, clinics, treatment
centers, and/or any other facilities of any kind, including, but not limited to, treatment records
from any and all of plaintiff’s treating and/or examining physicians, reports of treatment, nurse’s
notes, physician assistant’s reports and notes, therapist’s records and notes; records from any
centers of rehabilitative medicine; records from plaintiff’s employer as to any and all matters that
impact upon the condition of the plaintiff, accident reports, statements and records from any
source; records from any medical personnel connected with plaintiff’s pre-accident medical care
as it may relate to nature, extent, and duration of the conditions and/or disability alleged in this
action.

Dr. Kuflik will also base its opinion on any X-rays, CAT scans, MRI films, bone scans,
and/or any other radiological evidence, whether or not it includes a contrast agent; laboratory
tests and test results; materials taken from plaintiff in the form of tissue, bone, blood, etc.;
pathology reports and the significance thereof; reports and notes of consultations with other
physicians and medical personnel; notes, records, and reports of attending and/or assisting
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physicians and medical personnel; evidence of medications taken, prescribed, and/or refused or
otherwise not taken and the significance and consequences thereof, if any; records and notes of
rehabilitation centers or other post-incident rehabilitative measures undertaken or not undertaken
by plaintiff and the significance or lack of significance thereof; any and all other documents,
films, samples, models, reports, notes, records, photographs, testimony, or anything else which
may be introduced into evidence at the time of the trial of this action normally relied upon by
medical practitioners in the treatment, diagnosis, prognosis, or to form any opinion with respect
to any medical condition. The preceding shall apply without limitation and in the same manner
regarding psychologists, social workers, therapists, and any others involved in the care,
treatment, diagnosis, and prognosis of any and all physical, emotional, psychological, and/or
psychiatric disorders, conditions, or syndromes.

Dated: New York, New York
April 17, 2020

Yours, etc.,

SMITH MAZURE, P.C.
Attorneys for Defendants
Thomas Colicchio and CPM Builders, Inc.
111 John Street
New York, NY 10038
(212) 964-7400
ARMF-01075

Gorayeb & Associates, P.C.
Attorney for Plaintiff
Jorge Borden
100 William Street, Suite 1900
New York, NY 10038
(212) 267-9222/(212) 962-5418 (F)

CGM/nmo
ARMF-01075/285

-2-
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EXHIBIT A
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FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

Paul L. Kuflik, MD Office Address: 955 Fifth Ave, New York, NY 10075
Associate Professor 600 Old Country Road, Rm 226, Garden City, NY 11530
Mt. Sinai School of Medicine
Spine Surgery
www.Drpaulkuflik.com Mailing Address: Please send all correspondence to:
516 739 9270 912 Harvard Ct. Woodmere, NY 11598

February 3, 2020

Maria C. Engel
Paralegal
Smith, Mazure, Director, Wilkins, Young & Yagerman PC
111 John Street
New York, NY 10038

Re: Jorge A. Borden
File #ARMF-01075
Date of Loss: 10/16/2017

To Whom It May Concern,

I had the opportunity to examine Mr. Borden at my office at 600 Old Country Road,
Garden City, New York, 11530, at approximately 2:00 PM on January 30, 2020. Mr.
Borden’s Honduras ID card was used for identification. Mr. Mynor Rodriguez, a
representative of Mr. Borden’s attorney’s office, Gorayeb & Associates, was present
throughout. Ms. Yajaira Brico was present throughout to interpret to and from Spanish.

The history as obtained from Mr. Borden is that he is a 54-year-old, right-hand-dominant
carpenter injured on the job on October 16, 2017. He fell from the second floor to the
first floor. He claims there was momentary loss of consciousness. He continued to
work that day and then the following day took himself to the Winthrop Hospital
emergency room where he was treated and released. He claims he had pain in his left
arm, back, and his fingers. He claims the lower back pain began immediately. He
denies injuries to any other portions of his spine. He denies problems with his spine
prior to this event. He was treated with physical therapy, injections, chiropractics, and
medications. He then underwent surgery on September 10, 2018, by Dr. Joseph
Weinstein. Prior to the surgery, the pain in his lower back and anterior right thigh was a
10 on a scale of 0 to 10. He claims he felt that he had lost strength in his legs. There
was no numbness or tingling. Since the surgery, the back and thigh pain are a 6 on a
scale of 0 to 10. The pain is present 24/7 but is particularly exacerbated by walking.
The pain remains in the same distribution. He is no longer receiving physical therapy.
He thinks he received therapy up until the middle of 2018. He sees Dr. Grimm, his pain

1
Re: Jorge A. Borden
File #ARMF-01075
Date of Loss: 10/16/2017
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

management doctor, who gives him injections approximately every six weeks. His
pains are aggravated particularly with activities such as bending, walking or tying his
shoes. He feels better when he takes medication - Ibuprofen and Diclofenac. He
claims that he can sit comfortably for 15 minutes, stand comfortably for 15 to 20
minutes, and can walk comfortably for 20 to 25 minutes. He denies bladder or bowel
dysfunction. He denies a history of surgery other than the spine surgery. He denies
other medical problems. Current medications are ibuprofen, Diclofenac, and a pill that
he takes “to relax” but does not recall the name of that. He denies allergies to
medications. He does not smoke and does not consume alcohol. He arrived today by
taxi. He is able to perform his activities of daily living with the exception of tying his
shoes. He does not drive. He is not working. He has not returned to work.

Mr. Borden was instructed before the examination and during the examination to report
any pain and to avoid performing any maneuvers that he felt could worsen his
symptoms or condition. He indicated that he understood this. Opportunities for breaks
during the examination were offered. The examination was completed without
complaints or signs of injury.

On examination he is a pleasant, cooperative, well-nourished, well-developed
gentleman in no apparent distress. He independently changed into a gown for the
examination. He gets up and down from the exam table independently and moves about
the room easily. He is able to go from a seated to a lying down position and back to a
seated position independently. He is 5’ 5” tall and weighs 140 pounds. He has a normal
gait. He is able to demonstrate toe walk, heel walk and perform tandem gait. On active
range of motion testing of the lumbar spine he demonstrates 30 degrees of flexion, 20
degrees of extension, 10 degrees of right and left bending and 30 degrees of right and
left lateral rotation. On active range of motion testing of the cervical spine he
demonstrates 40 degrees of flexion, 40 degrees of extension, 30 degrees of right and
left lateral bending, and 60 degrees of right and left lateral rotation. Motion is restricted
by subjective complaints of pain. A goniometer is used to assist in measurement.
Measurements are rounded to the nearest five degrees.

Normal range of motion lumbar spine:
Flexion 60 degrees
Extension 25 degrees

2
Re: Jorge A. Borden
File #ARMF-01075
Date of Loss: 10/16/2017
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

Lateral right bending 25 degrees
Lateral left bending 25 degrees
Rotation to the right 30 degrees
Rotation to the left 30 degrees

Normal range of motion of the cervical spine:
Flexion 50 degrees
Extension 60 degrees
Lateral bending to the right 45 degrees
Lateral bending to the left 45 degrees
Lateral rotation to the right 80 degrees
Lateral rotation to the left 80 degrees

Motor examination of the upper and lower extremities is 5/5 throughout. Each muscle
group is individually tested. There is no evidence of clonus, Hoffmann’s, Babinski’s or
Spurling signs. Straight leg raising is negative bilaterally in both the seated and supine
positions. Sensation to light touch is equal and intact throughout. Deep tendon reflexes
are 2 plus in the upper extremities and 2 plus in the lower extremities. There is no
evidence of atrophy. FABER’s test is negative on the left side. On the right side, it
elicits complaints of lateral right hip pain though not buttock pain. He has a well-healed
vertical incision in the lower lumbar spine in the midline that is 11 cm in length. There is
no paraspinal muscle spasm or tenderness noted.

I have reviewed the following medical records and documents:

1. Verified bill of particulars.
2. Supplemental verified bill of particulars
3. Medical records, NYU Winthrop Hospital.
4. Medical records, Titan Pharmacy.
5. Medical records, Wesco Insurance Workers Compensation records.
6. Medical records Lenox Hill Hospital
a. Operative report 9/10/2019

Medical records from Winthrop Hospital indicate Mr. Borden presented on 10/17/2017 at
12:43 PM with complaints of lower back pain. Secondary diagnosis was left hand pain.

3
Re: Jorge A. Borden
File #ARMF-01075
Date of Loss: 10/16/2017
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

He was discharged home with a diagnosis of lumbosacral sprain. He was noted to be
complaining of lower back pain that was a 7 in severity. There was no radiation of the
pain. The history of present illness was that of a 51-year-old male who works as a
contractor, presents to ED complaining of low back pain status post fall yesterday. The
patient states that he was working on the second floor or a new construction home and
patient fell through scaffolding onto the first floor from a height of approximately 9 feet.
The patient states he landed on his lower back but denies head trauma, loss of
consciousness. The patient states that he immediately stood and only noted
progressive left-sided lower back pain over the last day. He states that he has left hand
pain and abrasions. He had no midline thoracic spine or lumbar spine tenderness.
There was left paraspinal muscle tenderness and spasm at the level of L3-L4. Straight
leg raise was negative bilaterally. X-ray of the lumbar spine showed no acute injury.

I reviewed the report of the MRI of the lumbar spine performed at Kolb Radiology on
11/2/2017. The report indicates at L5-S1 there is a left foraminal disc herniation
impinging upon the thecal sac and left side neural foramen and abutting the exiting left
L5 nerve root. At L4-L5 there is no disc bulge or herniation. At L3-L4 there is a central
posterior disc herniation impinging upon the thecal sac and narrowing the inferior
aspects of the neural foramina bilaterally.

An EMG/NCV study was interpreted by Dr. Matrangolo on 3/1/2018 as revealing
evidence of a C5 and C6 radiculopathy on the right and left, though Mr. Borden denies
cervical spine complaints or upper extremity radicular complaints. The findings are
incidental.

The operative report from Dr. Weinstein describes a laminectomy and fusion with
instrumentation and bone graft performed for stenosis. Traumatically induced pathology
or a herniated disc were not encountered. The surgical pathology was chronic and pre-
existing not a consequence of the alleged injury. There was no objective causally
related indication for the surgery. A single level laminectomy and fusion is a commonly
performed procedure. It typically results in little if any restriction of motion and does not
present a contraindication to participating in activity without restriction. Once recovered
there is no need for continued treatment.

4
Re: Jorge A. Borden
File #ARMF-01075
Date of Loss: 10/16/2017
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

I, Paul Kuflik MD., being a Diplomate of the American Board of Orthopedic Surgeons,
am duly licensed to practice medicine in the State of New York pursuant to CPLR,
section 210.6 and hereby affirm under the penalties of perjury the foregoing is true to
the best of my knowledge except as to those matters stated on information and belief,
and as to those matters I believe to be true.
The above claimant was examined according to the restrictive rules concerning an
independent medical examination. It is therefore understood no doctor patient
relationship exists or is implied by this examination.
The claimant is examined in reference to that specific complaint emanating from the
original injury. Any other medical conditions, which were either unreported or felt to be
unrelated to the original injury, are considered to be beyond the purview of this
examination.

Sincerely yours,

Paul Kuflik MD
Spine Surgery
Associate Professor of Orthopedic Surgery
Mount Sinai School of Medicine

5
Re: Jorge A. Borden
File #ARMF-01075
Date of Loss: 10/16/2017
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

EXHIBIT B
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FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

PAUL L. KUFLIK, M.D. Updated January 2020

Office Addresses:

955 Fifth Ave
New York, NY 10075
516 739 9270

600 Old Country Road
Suite 226
Garden City, NY 11530
516 739 -9270

Mailing Address:

912 Harvard Ct
Woodmere, NY 11598

Mobile 516 313 1900
paulkuflik@paulkuflikmd.net

CURRICULUM VITAE

HOSPITAL APPOINTMENTS

9/1983-6/1986 Clinical Coordinator: Hip Prosthesis
Hospital for Joint Diseases Orthopaedic Institute
New York, NY

7/1985-6/1986 Chief Resident
Department Orthopaedic Surgery
Hospital for Joint Diseases Orthopaedic Institute
New York, NY

1/1986-6/1986 Instructor in Surgery
Physician Assistant Program
Touro College Orthopaedic
New York, NY

1/1987-12/1996 Assistant Attending
Hospital for Joint Diseases Orthopaedic Institute
New York, NY

7/1987-4/1989 Chief Orthopedic Spine Service, Mount Sinai Hospital
New York, NY

7/1987- 3/2014 Attending in Orthopedics
Booth Memorial Medical Center
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PAUL L. KUFLIK, M.D. 2
Curriculum Vitae

Queens, NY

3/1987-12/2012 Attending in Orthopedics
Beth Israel Medical Center
New York, NY

3/13-12/2016 Attending Orthopedic Surgery
Mount Sinai Beth Israel
New York, NY

8/2004-1/2016 Attending Orthopedic Surgery
Mount Sinai St. Luke’s Hospital
New York, NY

1/1991-10/2004 Attending in Surgery
Putnam Hospital Center
Carmel, NY

7/1991-12/1996 Chief Scoliosis Service
Hospital for Joint Diseases Orthopaedic Institute
New York, NY

12/1996-12/2012 Associate Director
The New York Spine Institute
Beth Israel Medical Center
New York, NY

1/2013- Present Attending Department of Orthopedics,
Mount Sinai Hospital. New York, NY

1/2018 – Present Attending Orthopedic Surgery, South Nassau Community Hospital.
(Mount Sinai South Nassau) Oceanside, NY

ACADEMIC APPOINTMENTS

1/1987-12/1996 Assistant Clinical Professor of Orthopaedic Surgery
Mount Sinai Medical Center

9/1994-12/1996 Clinical Assistant Professor of Orthopaedic Surgery
New York University Medical Center, New York

7/1998-12/2012 Assistant Clinical Professor of Orthopaedic Surgery
Albert Einstein College of Medicine

1/2013-Present Associate Professor Orthopedic Surgery
Mount Sinai School of Medicine
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Paul L. Kuflik, M.D. 3
Curriculum Vitae

GAPS IN EMPLOYMENT
Not applicable

EDUCATION

9/1973-6/1977 Bachelor of Arts (Magna cum Laude)
Psychology
Queens College
City University of New York
New York, NY

9/1977-5/1981 Doctor of Medicine
Upstate Medical College
State University of New York
Syracuse, NY

POSTDOCTORAL TRAINING

7/1981-6/1982 Intern: General Surgery
Beth Israel Medical Center
New York, NY
Director of Surgery: Charles K. McSherry, M.D.

7/1982-6/1986 Resident: Orthopaedic Surgery
Hospital for Joint Diseases Orthopaedic Institute
New York, NY
Program Chairman: Victor R. Frankel, M.D., Ph.D.

7/1986-12/1986 Fellow: Spine Surgery
Toronto General Hospital
Toronto, Ontario
Fellowship Director: John P. Kostuik, M.D.
Primary Surgical Mentor: Stephen I. Esses, M.D.

LICENSURE AND CERTIFICATION

Licensure

7/1982 State of New York
License #150968

2/1992 State of Florida
License #ME61576
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Paul L. Kuflik, M.D. 4
Curriculum Vitae

Certification

7/1989 Diplomat
American Board of Orthopaedic Surgery

1/2000-12/2009 Recertification
American Board of Orthopaedic Surgery

1/2010-12/2019 Recertification
American Board of Orthopaedic Surgery

1/2019- 12/2029 Recertification
American Board of Orthopaedic Surgery

HONORS AND AWARDS

9/1980 Elected to Alpha Omega Alpha

7/1986-12/1986 Albert M. Betcher Traveling Fellowship
Hospital for Joint Diseases Orthopaedic Institute

2007 Top Doctor – 10 years
Orthopaedic Surgery
A New York Metro Area Top Doctor for 10 Years
Castle Connolly Medical Ltd.

2011-2012 Recipient – Best Doctors
Selected as one of The Best Doctors in America

PATENTS
Not applicable

OTHER PROFESSIONAL ROLES

1/1986-2003, 2006-2007 American Medical Association

7/1986-4/1994, 2012 New York State Medical Society
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Paul L. Kuflik, M.D. 5
Curriculum Vitae

1988 Member – American Academy of Orthopaedic Surgeons

7/1989-Present Diplomat American Board of Orthopaedic Surgery

3/1991-Present Active Fellow – American Academy of Orthopaedic Surgeons

1992 Moderator for the spine section for the Alumni
Scientific Meeting, Hospital for Joint Diseases

3/1995-12/1996 Section Editor for Spine for the Editorial Board of
the Bulletin for Hospital for Joint Diseases
Orthopaedic Institute

5/1995 Moderator for the spine section for the Alumni
Scientific Meeting, Hospital for Joint Diseases

10/2000-Present Scoliosis Research Society

9/2009-Present Society for Minimally Invasive Spine Surgery

4/1994-Present New York County Medical Society

7/1992-Present North American Spine Society

1/1993-Present New York State Society of Orthopedists

RESEARCH PROFILE

My research is focused on spinal deformity and clinical outcome studies related to disorders of the
cervical and lumbar spine. Recent research projects include participation in a multicenter adult
deformity outcome study, intervertebral dynamic disc spacer trial, and multicenter bone
morphogenetic protein study. Also, I was co-investigator of a comparative study examining the
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Paul L. Kuflik, M.D. 6
Curriculum Vitae

efficacy of two interbody fusion techniques at restoring disc height, increasing neuroforaminal
dimensions, and restoring lordotic alignment in the lumbosacral spine. Current projects include a
collaborative study with pain management designed to evaluate whether brief lidocaine/ketamine
infusions improve postoperative pain and functional restoration. In addition, I am participating in
several prospective studies assessing: 1) the influence of body mass index on outcome measures
and perioperative complications and 2) sexual function and gender specific postoperative
complications in patients with degenerative disease of the lumbar spine. My specific research
focus is to continue to examine the outcomes of various surgical procedures and identify
predictive clinical and radiographic features that ultimately improve the clinical outcomes of
patients with spinal disorders. Further, I have a particular interest in minimally invasive spine
surgery. My intent is to direct clinical outcome studies associated with minimally invasive
procedures at Mount Sinai.

As a researcher, I have published 11 articles in peer-reviewed journals and have coauthored 3
book chapters. In addition, my collaborative work has been presented at over 30 regional and
national conferences.

CLINICAL PROFILE

I am committed to providing optimal care of patients with complex spinal disorders and have been
recognized as such by my peers. I have been awarded the prestigious “New York Metro Area
Top Doctor for 10 years” and was selected as one of “The Best Doctors in America” in 2011.
My particular expertise is in the application of segmental spinal instrumentation and minimally
invasive techniques to treat disorders of the spine. Over the last approximately 30 plus years I
have performed major spine surgery weekly and provide care for outpatients in an office setting.
Geographically, my referral base primarily comes from the tri-state area.

IMPACT

As Director of the Scoliosis Clinic at the Hospital for Joint Diseases Orthopaedic Institute, from
1987-1996, I treated thousands of pediatric and adult spinal deformity patients and gained wide
recognition as a spinal deformity surgeon. As such, I served as the Spine Section Editor for the
Editorial Board of the Bulletin for Hospital for Joint Diseases Orthopaedic Institute from 1995-
1996. Currently, I am Associate Director of the Spine Institute at Beth Israel Medical Center.

My teaching efforts have been directed at training over 40 spine fellows in our comprehensive
spine program at Beth Israel Medical Center and more recently at Mount Sinai School of
Medicine. In addition, I was an active surgical and clinical mentor for our residents at Mount
Sinai, Booth Memorial Medical Center, and Hospital for Joint Diseases. My academic role
includes having provided didactic lectures, research presentations, and case presentations to over
130 fellows and residents.

As well as an active clinical and prior research-oriented practice, I am a member of several
regional and national professional organizations. These memberships include the American
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Paul L. Kuflik, M.D. 7
Curriculum Vitae

Academy of Orthopedic Surgeons, the North American Spine Society, the Scoliosis Research
Society.

GRANTS, CONTRACTS, FOUNDATION SUPPORT

PAST GRANTS
Title of Grant Role in Project Dates Direct Costs Supplemental Info
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable

CURRENT GRANTS
Title of Grant Role in Project Dates Direct Costs Supplemental Info
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable

PENDING GRANTS
Title of Grant Role in Project Dates Direct Costs Supplemental Info
Not Applicable Not Applicable Not Applicable Not Applicable Not Applicable

INDUSTRY-SPONSORED STUDIES

Project Role in Project Dates Award Other Info

Sponsor, Project Title, Co-Investigator December 5, 2005 –  $0  This was a Phase III clinical
GCO#: Bayer at Beth Israel Medical December 4, 2006 trial
HealthCare Center  No subjects were enrolled, and
Pharmaceuticals “A % time/effort = 0% no research took place at Beth
Multi-Center, Israel Medical Center
Randomized, Double-  The study drug was removed
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Paul L. Kuflik, M.D. 8
Curriculum Vitae

Blind, Placebo- from the market
Controlled, Parallel
Design, 2-Arm Study to
Investigate the Effect
of Aprotinin on
Transfusion
Requirements in
Patients Undergoing
Elective Spinal Fusion
Surgery”
TA: Trasylol
Trial Unit Number:
11799 - BAY a-0128
Project# 185-05

Sponsor, Project Title, Co-Investigator April 1, 2002 –  $77,000 o n
GCO#: Medtronic “A at Beth Israel Medical January 28, 2010 2/ 25/ 03
Pivotal Prospective, Center to support the
Randomized Clinical % time/effort = <5% Beth Israel Medical
Investigation of Center Research
Recombinant Human Program
Bone Morphogenetic  $6,400 f r o m
Protein-2 and 1/ 28/ 03- 12/ 21/ 04
Compression Resistant reimbursement for
Matrix with the CD case report form
Horizon Spinal System and radiographic
for Posterolateral data
Lumbar Fusion in
Patients with
Symptomatic
Degenerative Disc
Disease”
IDE# G000137
Project# 022-02

Sponsor, Project Title, Co-Investigator April 4, 2005 –  $18,150 o n
GCO#: Medtronic “A at Beth Israel Medical Present 5/ 31/ 07- 8/ 14/ 07
Prospective, Center to support the
Multicenter, Controlled % time/effort = 0% Beth Israel Medical
Clinical Trial of an Center Research
Artificial Cervical Disc – Program
LP at a Single Level for  $11,170 f r o m
Symptomatic Cervical 10/ 18/ 05- 11/ 18/ 11
Disc Disease” reimbursement for
IDE# G040086 case report form
Project# 032-05 and radiographic
data

INDUSTRY-SPONSORED STUDIES (Continued)

Project Role in Project Dates Award Other Info

Sponsor, Project Title, Co-Investigator April 4, 2005 –  $0  No subjects were enrolled, and
GCO#: DePuy “Five at Beth Israel Medical September 30, 2005 no research took place at Beth
Year Follow Up of the Center Israel Medical Center
Charite Artificial Disc % time/effort = 0%
Compared to Anterior
Lumbar Interbody
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Paul L. Kuflik, M.D. 9
Curriculum Vitae

Fusion with the BAK
Cage”
Project# 021-05

Sponsor, Project Title, Co-Investigator March 12, 2001 –  $77,000 o n  This was an observational study
GCO#: Medtronic at Beth Israel Medical February 7, 2006 2/ 5/ 02
“Adult Deformity Center to support the
Outcomes Analysis” % time/effort = 5% Beth Israel Medical
Project# 051-01 Center Research
Program

Sponsor, Project Title, Co-Investigator July 10, 2000 –  $33,900 f r o m
GCO#: DePuy at Beth Israel Medical July 28, 2005 4/ 13/ 01- 7/ 6/ 06
“SB Charite III Center
Intervertebral Dynamic % time/effort = 5%
Disc Spacer”
Project# 063-00

Sponsor, Project Title, Co-Investigator September 8,2003 –  $1200 f r o m
GCO#: Zimmer Spine, at Beth Israel Medical September 12, 2005 11/ 17/ 04- 8/ 10/ 05
Centerpulse Impl “A Center
Clinical Study of the % time/effort = 0%
DYNESYS Spinal
System as a Non-
fusion Device for
Spinal Stabilization”
Project# 090-03

 No subjects were enrolled, and
Sponsor, Project Title, Co-Investigator October 26, 2009 –  $0 no research took place at Beth
GCO#: Axial Biotech, at Beth Israel Medical October 25, 2010 Israel Medical Center
Inc “Linkage Analysis Center
and Gene Mapping of % time/effort = 0%
Familial Scoliosis”
Project# 210-09
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

Paul L. Kuflik, M.D. 10
Curriculum Vitae

TEACHING ACTIVITIES

Indicate Level and
Teaching Number of Learners Number of hours Eval Years
Activity/ Level Role Taught, and Venue week/month/yr Summary Taught
Topic

Physician Departmental Instructor in Physician assistants (25) 4 hours/week 1/86-6/86
Assistant Surgery Touro College Orthopaedic
Program

Resident Clinic Departmental Clinical Mentor Residents (60) Clinical Training: 1/ 87- 12/ 96
Fellows (20) 1 day/week
Hospital for Joint Diseases
Clinical and Departmental Teaching  Mount Sinai (1/87-5/89) 20 hours/week 1/ 87-
Didactic orthopaedic Residents (6) present
house staff  Booth Memorial Medical Center
management of ( 7/ 87- 12/ 90)
spinal disorders Residents (3)
and spinal  Hospital for Joint Diseases
surgery ( 1/ 87- 12/ 96)
Residents (60)
Fellows (20)
Mount Sinai 1/2013 – Present

X-Ray Departmental Lecturer Residents (60) 3 hours/week 1/ 87- 12/ 96
Conference Fellows (20)
Hospital for Joint Diseases
Journal Club Departmental Lecturer Residents (60) 1 hour/week 1/ 87- 12/ 96
Fellows (20)
Hospital for Joint Diseases
Inpatient Rounds Departmental Surgical & Residents (60) 2 hours/week 1/ 87- 12/ 96
Clinical Mentor Fellows (20)
Hospital for Joint Diseases
Spine Fellowship Departmental Surgical & Fellows (44) OR Training: 8/ 91-
Training Clinical Mentor 2 days/wk Present
Clinical Training:
1 day/wk
Role of Surgery Departmental Lecturer Residents (24) 1/year 4/27/06
on Low Back Pain (Grand Rounds) Fellows (2)

Minimally Departmental Lecturer Attendings (20) 1/year 11/20/09
Invasive Spinal (Grand Rounds) PAs (6)
Surgery
Direct Lateral Departmental Lecturer Attendings (20) 1/year 5/19/11
Interbody Fusion (Grand Rounds) PAs (6)
FILED: KINGS COUNTY CLERK 09/09/2022 04:12 PM INDEX NO. 521083/2017
NYSCEF DOC. NO. 101 RECEIVED NYSCEF: 09/09/2022

Paul L. Kuflik, M.D. 11
Curriculum Vitae

ADMINISTRATIVE LEADERSHIP APPOINTMENTS

INTERNAL

RESEARCH/CLINICAL/TEACHING/ GENERAL ADMINISTRATION

1/1987-12/1996 Director
Scoliosis Clinic
Hospital for Joint Diseases Orthopaedic Institute
New York, NY

2/1993 Program Chairman, Alumni Meeting
Hospital for Joint Diseases Orthopaedic Institute
New York, NY

Case Info

Judge

Pamela L Fisher Track Judge’s New Case

Case No.

(Subscribe to View)

Document Filed Date

September 09, 2022

Case Filing Date

October 31, 2017

County

Parties

ALTMAN, HOWARD BENJAMIN Attorney for the Plaintiff
CPM BUILDERS, INC. Defendant
gastman, gregory Attorney
gastman, gregory Attorney for the Plaintiff
GORAYEB, CHRISTOPHER J. Attorney for the Plaintiff
Jorge A. Borden Plaintiff
MORAN, JONATHAN DAVID Attorney for the Plaintiff
MOROKOFF, CAROL G. Attorney for the Defendant
MOROKOFF, CAROL G. Attorney for the Defendants
Nicoletti & Harris Non Party
Thomas Colicchio Defendant
JOAN GORAYEB Attorney
DAVID MORAN Attorney

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