Preview
FILED
7/1 3/2020 1:44 PM
FELICIA PITRE
DISTRICT CLERK
DALLAS CO.,TEXAS
Debra Clark DEPUTY
N0. DC-20-04310
CURRY MARSHALL § IN THE DISTRICT COURT
PLAINTIFF, §
§
VS. § DALLAS COUNTY, TEXAS
§
RAMON MUNOZ §
DEFENDANT. 44TH JUDICIAL DISTRICT
§
DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE T0 PLAINTIFF’S
REQUEST FOR DISCLOSURE AND DESIGNATION 0F EXPERTS
Pursuant t0 TeX R. CiV. P. 194, Defendant serves the following First Supplemental
Response to Plaintiff s Request for Disclosure and Designation 0f Experts.
f. For any testifying expert:
1. The expert’s name, address, and telephone number;
2. The subj ect matter 0n Which the expert will testify;
3. The general substance 0f the expert’s mental impressions and opinions and
a brief summary of the basis for them, or if the expert is not retained by, employed by, 0r
otherwise subject to the control 0f the responding party, documents reflecting such
information;
4. Ifthe expert is retained by, employed by, or otherwise subj ect t0 the control
0f the responding party:
A. A11 documents, tangible things, reports, models, or data
compilations that have been provided to, reviewed by, or prepared by or for the
expert in anticipation of the expert’s testimony; and
B. The expert’s current resume 0r bibliography.
Response: Defendant hereby designates and reserves the right t0 call any expert Witness(es)
designated by any other party to this case, as well as any experts later designated
by any party t0 this case on any subject relevant to this litigation 0n Which the
witness is qualified t0 testify. In the event that any party t0 this cause has
designated any experts but has been or is subsequently dismissed for any reason or
fails t0 callany designated expert at the time 0f trial, Defendant specifically
reserves the right t0 call any such expert previously designated by that party.
Defendant further reserves the right t0 withdraw 0r de-designate any expert prior
t0 testimony and t0 positively aver that such previously designated expert Will not
DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE TO
REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -1-
be called as a witness at trial and to redesignate same as a consulting expert Who
Will not be called by any party in this cause. Finally, Defendant reserves the right
to supplement this response as additional information concerning experts becomes
available.
Defendant further hereby designates as adverse expert Witnesses all expert
witnesses designated by Plaintiff. Defendant reserves the right to rely upon or to
offer, by direct examination or cross-examination, testimony obtained from those
experts and rebuttal experts, if any, designated by Plaintiff. By this designation,
Defendant does not necessarily agree with, nor vouch for, the credibility of any
such Witnesses 0r their opinions, or the reliability, materiality, or admissibility of
information and/or tangible things produced by these individuals in general; by this
designation Defendant is simply reserving the opportunity t0 rely upon 0r elicit
certain opinions and/or evidence from these witnesses t0 the extent that it deems it
in its interest t0 d0 s0.
Such persons are expected t0 testify concerning Plaintiff” s care and treatment. See
Plaintiffs Responses to Defendant’s Request for Disclosure for additional
information concerning such health—care providers including medical bills and
records relating to Plaintiff.
First Supplemental Response:
Defendant hereby designates as an expert witness the following individual:
Andrew Goodman, DC
2046 Forest Lane, Ste. 180
Garland, Texas 75042
(972) 265-8104
Dr. Goodman is chiropractor who has reviewed Curry Marshall’s medical records and
other case materials provided to him and is expected t0 testify regarding the extent of the
injuries sustained by the Plaintiffin the subj ect motor vehicle accident, the appropriate care
and treatment for those injuries, and the fair and reasonable cost 0f that treatment, both in
the past and in the future, if applicable, as set out in the attached report.
DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE TO
REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -2-
Respectfully submitted,
CQLQ?
Chad Kimble, State Bar N0. 24007483
Kyle Smith, State Bar No. 241025 12
D. Brent Beasley, State Bar N0. 24082669
LAW OFFICE 0F CHAD KIMBLE, P.C.
1204 S. White Chapel Blvd.
Southlake, Texas 76092
eservice@chadkimblelaw.c0m
817.766.7488
817.423.7492 fax
ATTORNEY FOR DEFENDANT
CERTIFICATE OF SERVICE
The undersigned certifies that on the 13TH day of July, 2020, a true copy of the foregoing
has been served on all parties in accordance with Rule 21a, Texas Rules of Civil Procedure.
CQKQ?
Chad Kimble
DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE TO
REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -3-
ANDREW GOODMAN, D.C. 12001 N. CENTRAL EXPRESSWAY
DOCTOR OF CHIROPRACTIC SUITE 800
DALLAS, TX 75243
(214) 750—61 10
FAX —
(21 4) 750-5825
July 1, 2020
Mr. Chad Kimble
Low Chad Kimble, P.C.
Office of
1204 Sou’rh Whi’re Chapel Blvd.
Sou’rhloke, TX 76092
Fox: 81 7—423—7492
RE: Curry Marshall
CLAIM #: 0542668108
DATE OF INJURY: 04/1 7/19
CASE #: 21151834
Dear Mr. Kimble:
| hove had ’rhe opportunity ’ro review medical records on Mr. Curry Marshall.
My name is Andrew Goodman, DC. Cum Loude from Parker College of Chiroproc’ric in 2008.
| groduo’red |
hove had chiropractic practices in0nd Dallas, TX seeing 0nd Treating many po’rien’rs who were
Plano, TX
subjec’r ’ro musculoskele’rol injuries of ’rhe spine 0nd The ex’rremi’ries. was also ’rhe Director of Rehobili’ro’rion for
|
Alpha Physical Medicine, ’rhe rehabilitation cen’rer for Alpha Orthopedics, seeing 0nd Treo’ring hundreds of pos’r-
operative 0nd non-opero’rive po’rien’rs, many of whom were injured due ’ro Traumatic incidences of falls, mo’ror
vehicle accidents, 0nd froc’rures. hove had direct po’rien’r experience wi’rh Thousands of po’rien’rs during my
|
’rime as o Doc’ror of Chiropractic. moin’roin on oc’rive license 0nd work Gs on independent confroc’ror for on
|
occupo’rionol medicine clinic performing pre-employmen’r physicals, Depor’rmen’r of Tronspor’ro’rion physicals,
0nd workers’ compensation injuries 0nd independent medical evaluations ’ro de’rermine MMI 0nd assign
impairment ro’rings. om c1 Nationally Registered Certified Medical Examiner for ’rhe Deportmen’r of
|
Transportation 0nd o certified Designated Doc’ror wi’rh ’rhe Texas Department of Insurance Division of Workers’
Compenso’rion. | hove several years of experience se’r’ring fee schedules, billing Third-por’ry reimbursement 0nd
discussing Third-por’ry reimbursement wi’rh po’rien’rs.
OVERVIEW:
On April 25, 20] 9, ’rhe po’rienT ’ro Accident & Injury Chiropractic for cm ini’riol examination. The po’rienf
presented
s’ro’res Tho’r ’rhe The mo’ror vehicle accident rcm c1 s’rop-sign, did no’r see The patient coming 0nd
o’rher driver in
hi’r ’rhe driver’s side door, Traveling approximately 35 mph when ’rhe vehicle pulled ou’r. Ini’riol examination
findings showed decreased sensation on C5, C6, C7 dermo’romes in The Ief’r Gs well Gs L3, L4, L5 0nd S]
dermo’romes in The Ief’r. Del’roids ’res’red 4+/5 on The Ief’r. Reflexes were graded 2+ in ’rhe upper 0nd lower
extremities bilaterally. Cervical flexion was measured o’r 60 degrees, normal was 60 degrees. Cervical
extension was measured o’r 35 degrees, normal wos 60 degrees. Cervical IefT ro’roTion was measured o’r 45
degrees, normal was 8O degrees. Cervical righ’r ro’ro’rion was measured o’r 65 degrees, normal was 80 degrees.
Cervical Ief’r Io’rerol flexion was measured 0T 35 degrees, normal was 45 degrees. Cervical righ’r Io’rerol flexion
was measured 0T 20 degrees, normal wos 45 degrees. Thorocolumbor range of mo’rion, flexion wos measured
o’r 9O degrees, normal was 9O degrees. Thorocolumbor extension wos measured o’r 25 degrees, normal was 30
degrees. Lumbar IefT ro’ro’rion wos measured o’r 30 degrees, normal wos 30 degrees. Lumbar righ’r ro’ro’rion wos
measured o’r 3O degrees, normal was 30 degrees. Lumbar left Io’rerol flexion wos measured o’r 15 degrees,
normal wos 25 degrees. Lumbar righ’r Io’rerol flexion wos measured o’r 25 degrees, normal wos 25 degrees.
Forominol compression Test was positive bilo’rerolly for localized pain. Shoulder depression Tes’r was positive
bilaterally for localized poin. Cervical dis’rroc’rion ’resT was positive for decreased poin bilaterally. LefT shoulder
range of mo’rion wos limited wi’rh positive suprospino’rus press ’res’r, positive Apley’s scro’rch ’res’r, localized pain
Curry Marshall
July 1, 2020
CASE #: 21151834
Page 2 of 8
on Yergason's test, positive drop-arm test, and positive left Hawkins’ test. Right Faber test was positive for low
back pain. Right Yeoman’s test was positive for low back pain. Treatment on this date consisted of
intersegmental traction, office visits, and ice and heat.
On April 25, 2019, the patient presented to Lone Star Radiology for cervical spine x-rays with the following
impressions. Postural alterations and moderate reduction of extension. Thoracic spine x-rays were normal.
Lumbar spine x-rays revealed postural alterations and surgical changes at C3 through L5. Left shoulder x-rays
revealed essentially unremarkable internal and external rotation projections of the left shoulder. Left wrist x-rays
were unremarkable.
On April 29, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS (electrical muscle stimulation), and ice and heat.
On April 30, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, and ice and heat.
On April 30, 2019, the patient presented to DFW CT scan for a CT scan of the brain with the following
impressions. Essentially unremarkable study of the brain. The patient also presented for a CT scan of the
cervical spine with the following impressions. Flattening of the cervical lordosis spondylosis at C3 through C6,
uncovertebral degeneration with IVF encroachment of the C5-C6 and C6-C7 bilaterally.
On May 1, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, EMS and ice and heat.
On May 3, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, EMS, and ice and heat therapy.
On May 9, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, EMS, and ice and heat therapy.
On May 10, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, EMS, and ice and heat therapy.
On May 14, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, EMS, and ice and heat therapy.
On May 15, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, intersegmental traction, EMS, and ice and heat therapy.
On May 17, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
intersegmental traction, EMS, and ice and heat therapy.
On May 18, 2019, the patient presented to Accident & Injury Chiropractic for reevaluation. Motor exam was
normal in the upper and lower extremities bilaterally. Reflexes were normal in the upper and lower extremities
bilaterally. Sensory exam was normal in the upper and lower extremities bilaterally. Cervical flexion was
measured at 55 degrees, normal was 60 degrees. Cervical extension was measured at 50 degrees, normal was
60 degrees. Cervical left rotation was measured at 60 degrees, normal was 80 degrees. Cervical right rotation
was measured at 70 degrees, normal was 80 degrees. Cervical left lateral flexion was measured at 40 degrees,
normal was 45 degrees. Cervical right lateral flexion was measured at 35 degrees, normal was 45 degrees.
Lumbar range of motion, flexion was measured at 90 degrees, normal was 90 degrees. Lumbar extension was
measured at 30 degrees, normal was 30 degrees. Lumbar left rotation was measured at 25 degrees, normal
was 30 degrees. Lumbar right rotation was measured at 25 degrees, normal was 30 degrees. Lumbar left
lateral flexion was measured at 25 degrees, normal was 25 degrees. Lumbar right lateral flexion was measured
Curry Marshall
July 1, 2020
CASE #: 21151834
Page 3 of 8
at 25 degrees, normal was 25 degrees. Foraminal compression test was positive for localized pain bilaterally.
Shoulder depression test was positive on the left for localized pain. Straight leg raise on the left was positive for
low back pain at 85 degrees. Ely’s test on the right was positive for localized pain. Left shoulder range of
motion was limited. Supraspinatus press test was positive. Apley’s scratch test was positive for localized pain.
Yergason's test was positive for localized pain.
On May 20, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On May 21, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy and therapeutic exercise.
On May 23, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On May 24, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On June 3, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On June 4, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On June 10, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On June 13, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation.
On June 17, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
On June 19, 2019, the patient presented to Accident & Injury Chiropractic for reexamination. Cervical range of
motion was normal. Lumbar range of motion was normal. Foraminal compression test was positive for localized
pain on the left. Shoulder depression test was positive for localized pain bilaterally. Left shoulder range of
motion was limited. Apley’s scratch test was positive.
On June 25, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation and therapeutic exercise.
On June 27, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation and therapeutic exercise.
On June 29, 2019, the patient presented to North Texas Open Air MRI for an MRI scan of the left shoulder with
the following impression. Intact rotator cuff apparatus. Mild to moderate capsular edema of the left
glenohumeral joint.
On July 1, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation.
On July 2, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of
manipulation, EMS, ice and heat therapy, and therapeutic exercise.
Curry Marshall
July 1, 2020
CASE #: 21 151834
Page 4 of 8
On July 3, 2019, ’rhe po’rienT presented ’ro Accident & Injury Chiroproc’ric for Treo’rmen’r consisting of
manipulation cmd Therapeutic exercise.
On July 6, 2019, ’rhe po’rienT presented ’ro Accident & Injury Chiropractic for Treo’rmen’r consisting of
manipulation 0nd Therapeutic exercise.
On July 8, 2019, ’rhe po’rienT presented ’ro Acciden’r & Injury Chiroproc’ric for Treo’rmenT consisting of
manipulation 0nd Therapeutic exercise.
On July 10, 2019, The po’rien’r presented ’ro Accident & Injury Chiropractic for Treo’rmen’r consisting of
manipulation 0nd Therapeutic exercise.
On July 15, 2019, ’rhe po’rienT presented ’ro Acciden’r & Injury Chiroproc’ric for Treo’rmenT consisting of
monipulofion.
On July 17, 2019, The poTien’r presenTed ’ro Accident & Injury Chiropractic for Treo’rmen’r consisTing of
monipulofion.
On July 19, 2019, The poTien’r presen’red ’ro AccidenT & Injury Chiropractic for Treatment consisTing of
monipulofion.
On July 25, 201 9, The poTien’r presented ’ro Accident & Injury Chiropractic for reevaluation. Mo’ror exam, reflexes
0nd sensory exam were all normal in The upper 0nd lower ex’rremiTies biloTerolly. Cervical 0nd lumbar ranges of
mo’rion were normal. Or’rhopedic examinofion was normal.
On July 26, 2019, The poTien’r presenTed ’ro Accident & Injury Chiropractic for Treo’rmen’r consisTing of
monipulofion.
On July 30, 2019, The po’rienT presented To AccidenT & Injury Chiroproc’ric for TreonenT consisting of
monipulofion, EMS, 0nd ice 0nd heo’r Therapy.
On Augus’r 7, 2019, The poTien’r presented ’ro Acciden’r & Injury Chiroproc’ric for TreonenT consisTing of
monipulofion.
On Augus’r 9, 2019, ’rhe po’rienT presenfed ’ro AccidenT & Injury Chiroprac’ric for Treonen’r consisting of
monipulofion 0nd on This do’re The poTien’r was released from core.
DlSCUSSION/OPINION:
The following opinion based upon my Treo’rmen’r experience, education, 0nd commonly accep’red
is
chiropractic Treo’rmen’r guidelines. hove had direc’r po’rien’r experience wi’rh Thousands of po’rien’rs during my
|
’rime as c1 Doc’ror of Chiropractic. maintain cm oc’rive license 0nd work Gs cm independent contractor for cm
|
occupo’rionol medicine clinic where perform pre—employmen’r physicals, Depor’rmen’r of Transportation
|
physicals, 0nd Workers' Compenso’rion injuries. om o Nationally Registered Certified Medical Examiner for ’rhe
|
Depor’rmen’r of Transportation 0nd c1 certified Designo’red Doc’ror wi’rh ’rhe Texas Depor’rmen’r of Insurance
Division of Workers' Compensation. hove several years of experience se’r’ring fee schedules, billing Third por’ry
|
reimbursemen’r cmd discussing Third por’ry reimbursement wi’rh po’rien’rs.
The following is on opinion on The necessity of ’rreo’rmen’r o’r Accident & Injury Chiropractic on April 17, 201 9. The
was involved
po’rien’r in (:1 mo’ror vehicle accident. On April 25, 20] 9, The po’rien’r presented ’ro Accident & Injury
Chiropractic for on examination. Exam findings ore consistent wi’rh o diagnosis of musculoskele’rol
ini’riol
s’rroin/sproin of ’rhe cervical 0nd Thoracic spine os well Gs ’rhe Ief’r shoulder. This Type of diagnosis qualifies for c1
’rriol of chiropractic core consisting of six ’ro nine visi’rs over The course of opproximo’rely ’rwo weeks o’r which
Curry Marshall
July 1, 2020
CASE #: 21151834
Page 5 of 8
point a reexamination should be performed to establish if functional progress is being achieved. The patient
did have a reexamination on May 18, 2019, that was after the 12th visit. On this date the patient did show
marked improvement in the cervical and thoracic spine such that it was reasonable to assume that the patient
should have been discharged from care at this time. Symptomatology had been greatly reduced, range of
motion had been restored. Neurologic examination in terms of motor function, reflexes and sensation were all
within normal limits and at this time it can be reasonably assumed that the patient’s trial of care was successful
in resolving the injuries that the patient sustained in the motor vehicle accident. At this point the patient should
have been discharged from care.
The following is an opinion on the reasonableness of charges and pricing at Accident & Injury Chiropractic. The
following charges are unreasonable as it relates to similar services performed in the same geographic area.
CPT Code 99203 new-patient visit was billed $325, should not have been billed more than $220. CPT Code
72070, thoracic spine x-rays was billed $333, should not been billed more than $65. CPT Code 72100, lumbar
spine x-rays was billed $338, should not have been billed more than $79. CPT Code 72050, cervical spine x-rays
was billed $463, should not have been billed more than $104. CPT Code 73030, shoulder x-rays was billed $277,
should not have been billed more than $50. CPT Code 73110, wrist x-rays was billed $249, should not have been
billed more than $80. CPT Code 99212, established office visit was billed $160, this should not have been billed
as there is no documentation that an exam of this level was performed on this date. CPT Code 97012,
mechanical traction was billed $55, should not have been billed more than $32. CPT Code 97014, electrical
muscle stimulation was billed $54, should not have been billed more than $30. CPT Code 97012, application of
hot and cold patches billed $34, this should not have been billed as this type of treatment has not been shown
to be clinically efficacious. CPT Code 98941, manipulation in three to four regions was billed $106, should not
have been billed more than $85. CPT Code 98943, manipulation extraspinal was billed $62, should not have
been billed more than $57. CPT Code 99213, established office visit was billed $204, should not have been
billed more than $154. CPT Code 97110, therapeutic exercise was billed $98, should not have been billed more
than $64.
The following is an opinion on the necessity of referrals of CT scans at DFW CT Scan. The patient was referred to
DFW CT Scan for CT scans of the brain and the cervical spine. The patient had already had x-rays taken on the
initial visit of the cervical spine. The patient did not present with any type of neurological deficits that would
suggest that a CT of the brain would have been warranted and cervical spine MRI scans were negative for any
acute findings or any type of gross bony abnormalities such as a fracture or dislocation. Because of this the CT
studies that were performed at DFW CT Scan are not necessary for this patient.
Regarding the MRI of the left shoulder performed at White Rock Open Air MRI, at the time of the shoulder MRI
scan the patient’s re-examination showed normal upper extremity strength, reflexes, and sensation. There were
minimal provocative tests therefore there is not enough evidence to support that there may be internal
derangement that was a result of the motor vehicle accident.
The following is an opinion on the reasonableness of charging prices of the services at DFW CT Scan. CPT Code
70450, CT of the head and brain was billed $2,219, should not have been billed more than $238. CPT Code
72125, CT of the cervical spine was billed $2,264, should not been billed more than $378.
The following is an opinion on the reasonableness of prices charged at White Rock Open Air MRI. CPT Code
73221, MRI of the shoulder was billed $2,950, should not have been billed more than $463.
With regards to the injury sustained by the individual from the motor vehicle accident, I do not anticipate that
any future treatments is necessary and therefore there should not be any future costs for any future medical
treatment due to the injury sustained from the motor vehicle accident. To calculate fees I utilized an average
of what providers in this area charge.
Thank you for the opportunity to review the medical records on Mr. Curry Marshall.
Curry Marshall
July 1, 2020
CASE #: 21151834
Page 6 of 8
Dictated, reviewed, opinion verified, and attested to by my original signature.
Sincerely,
igfl
Andrew Goodman, D.C.
Doctor of Chiropractic
11008
AG/ck:ANS/vkr
The opinions rendered in this case are the opinions of the evaluator. This review has been conducted on the
basis of the medical records provided, with the assumption that the material is true and correct. If more
information becomes available at a later date, an additional service/report/reconsideration may be
requested.
Curry Marshall
July 1, 2020
CASE #: 21151834
Page 7 of 8
SUMMARY OF RECORDS
Texas Peace Officer’s Crash Report: Irving Police Dept., 04/17/19
Irving Fire Dept.: 04/17/19
Accident & Injury Chiropractic: Shane Marcum, D.C., 04/25/19, 04/26/19, 04/29/19, 04/30/19, 05/01/19,
05/03/19, 05/09/19, 05/10/19, 05/14/19, 05/15/19, 05/17/19, 05/18/19, 05/20/19, 05/21/19, 05/23/19,
05/24/19, 06/03/19, 06/04/19, 06/10/19, 06/13/19, 06/17/19, 06/19/19, 06/25/19, 06/27/19, 07/01/19,
07/02/19, 07/03/19, 07/06/19, 07/08/19, 07/10/19, 07/15/19, 07/17/19, 07/19/19, 07/25/19, 07/26/19,
07/30/19, 08/07/19, 08/09/19, 09/13/19
DFW CT Scan: Kenneth Lustik, D.C., D.A.C.B.R., 04/29/19
Pioneer Orthopedics: Referral From Shane Marcum, D.C., 05/01/19
Lone Star Radiology: Kenneth Lustik, D.C., Film Date: 04/25/19 – Report Date: 06/03/19
North Texas MRI Open Air: Kenneth Lustik, D.C., Exam Date: 06/28/19, Report Date: 06/29/19
(Pioneer Orthopedics): James Laughlin, D.O.: 07/08/19, 07/29/19,
Summary of Treatment Records: Accident & Injury Chiropractic: Shane Marcum, D.C., 09/13/19
Black & White Photocopy Texas Driver License ID: Curry Rayfell Marshall
Affidavit of Medical Records from Pioneer Orthopedics, PLLC: 04/13/20
Billing Affidavit of Pioneer Orthopedics, PLLC: 04/13/19
Affidavit of Medical records from L.B. Durable Medical Equipment: 04/13/20
Billing Affidavit of L.B. Durable Medical Equipment: 04/13/20
Affidavit for Authentication of Business Records, DFW CT Scan: 04/07/20
Affidavit of Necessity of Services/Reasonableness of Charges, DFW CT Scan: 04/07/20
Affidavit for Authentication of Business Records, North Texas Open Air MRI: 04/07/20
Affidavit of Necessity of Services/Reasonableness of Charges, North Texas Open Air MRI: 04/07/20
Affidavit for Authentication of Business Records, Lone Star Radiology: 04/07/20
Affidavit of Necessity of Services/Reasonableness of Charges, Lone Star Radiology: 04/07/20
Affidavit for Authentication of Business Records, Accident & Injury Chiropractic: 04/07/20
Affidavit of Necessity of Services/Reasonableness of Charges, Accident & Injury Chiropractic: 04/07/20
Affidavit for (billing records), American Radiology Consultants: 03/31/20
Billing Records Affidavit, Century Integrated Partners: 05/12/20
Affidavit for Billing Records, Baylor Scott & White Medical Center Irving: 04/13/20
Medical Records Affidavit, City of Irving Fire Dept.: 03/16/20
Plaintiff Curry Marshall’s Response to Interrogatories: 05/12/20
Plaintiff Curry Marshall’s Rule 194 Disclosures: 05/12/20
Plaintiff Curry Marshall’s Notice of Filing Affidavits: 6/23/20
Billing Records Affidavit, City of Irving Fire Dept.: 04/03/20
Itemized Statement: DFW CT Scan, Statement Date: 09/13/19, Date of Service: 04/30/19
Itemized Statement: North Texas Open Air MRI, Statement Date: 09/13/19, Date of Service: 06/29/19
Itemized Statement: Lone Star Radiology, Statement Date: 09/13/19, Date of Service: 06/03/19
Itemized Statement: Accident & Injury Pain Center, Inc., Statement Date: 04/07/20, Dates of Service:
04/25/19 – 09/13/19
Itemized Statement: American Radiology Consultants, Statement Date: 03/31/20, Date of Service:
04/17/19
Itemized Statement: L.B. Durable Medical Equipment, Statement Date: 04/13/20, Date of Service:
07/08/19
Itemized Statement: Century Integrated Partners, Inc., Date of Service: 04/17/19
Itemized Statement: Baylor Medical Center at Irving, Date of Service: 04/17/19
Itemized Statement: Baylor Scott & White Medical Center Irving, Statement Date: 04/12/20, Dates of
Service: 04/17/19 – 03/18/20
Health Insurance Claim Form: City of Irving Fire Dept., Date of Service: 04/17/19
Itemized Statement: City of Irving Fire Dept., Statement Date: 03/30/20, Date of Service: 04/17/19
Itemized Statement: Pioneer Orthopedics, Statement Date: 04/08/20, Dates of Service: 07/08/19 –
07/29/19
Curry Marshall
July 1, 2020
CASE #: 21151834
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Color Photos: 17 pages
Andrew Goodman, D.C.
Dallas, TX 75248
PROFESSIONAL SUMMARY
Extensive experience building patient relationships and delivering exceptional medical care as part of a collaborative
medical team
o Promoted health and wellness as a licensed chiropractor, addressing a wide range of medical problems.
o Developed multiple partnerships with doctors and specialists to address patient total wellbeing.
o High academic success and strong marks and reviews earned on all clinical rotations.
o Thrive in fast paced medical environments. Enjoy problem solving to answer tough problems.
CHIROPRACTIC EXPERIENCE
Chiropractor/Health Care Provider, Occumed Plus, Dallas, September 2017 — Present
TX
Performed pre-employment assessments and ongoing medical examinations for the Department of Transportation.
Evaluated, diagnosed, and documented acute care management for work related injuries. Communicated work
restrictions, improvements, and assigned impairment ratings.
Designated Doctor/lndependent Peer Reviewer, Exam Works, March 2018 — Present
Dallas, TX
Performed state-assigned, independent patient evaluations for work-related injuries. Assessed patients and
evaluated to determine maximum medical improvement. Assigned impairment rating per the American Medical
Association (AMA) Guides to the Evaluation of Permanent Impairment.
Chiropractor, The Joint Chiropractic, Dallas, TX
Promoted health and wellness for chiropractic patients with a broad range of medical diagnoses and health concerns.
Listened to patients’ needs and concerns with compassion. Completed thorough assessments, evaluated, and
reviewed recommendations with patients. Completed chiropractic adjustments based on medical needs.
Director of Rehabilitation, Alpha Physical Medicine, McKinney, TX
Provided chiropractic treatment in multidisciplinary practice in collaboration with Orthopedic, Pain Management,
and Physical Therapy specialists. Designed and implemented prehab, non-operative, and post-operative rehab
protocols. Oversaw day to day operations of front office staff and exercise physiologist.
Chiropractor/Owner, Goodman Chiropractic, Dallas, TX
Evaluated patients with broad range of medical and chiropractic needs. Created comprehensive treatment plans
based on needs and health goals. Treated patients utilizing all necessary techniques. Charted progress, counseled,
and adjusted treatment plans as needed.
CHIROPRACTIC SKILLS
Assessments and Vital Signs: Physical (Head to Toe, Focused) o Health History 0 Neurological 0 Lab Analysis 0
Palpation 0 Auscultation 0 Heart and Respiratory Rate 0 Body Mechanics 0 Orthopedic
Manipulation: Motion Palpation 0 High Velocity Low Amplitude 0 Diversified 0 Drop Table
Modalities: Ultrasound 0 Electrical Muscle Stimulation 0 Heat/Ice 0 Traction
Active Rehabilitation: Therapeutic Exercise 0 Neuromuscular Reeducation 0 Therapeutic Activities
Manual Therapy: Active Release Technique 0 Myofascial Release 0 Dynamic Stretching 0 Low Back Strengthening
Forensics: Peer Reviews 0 Independent Medical Examinations 0 MMl/IR 0 Extent of Injury 0 Return to Work
Other: X-ray interpretation 0 Work Comp 0 DOT Physicals 0 Bracing/Splinting
Andrew Goodman, Page 2
EDUCATION
University of Texas at Arlington, Arlington, TX Bachelor of Science in Nursing
Parker College of Chiropractic, Dallas, TX Doctor of Chiropractic
University of Texas at Austin, Austin, TX Bachelor of Arts in English; Biology Minor
CLINICAL ROTATIONS
Parkland Memorial Hospital, Dallas, TX
o Capstone, Community Health (Spring 2020, Senior 2)
0 Critical Care, Obstetrics (Fall 2019, Senior 1)
o Surgical ICU
o Medical ICU
o Burn ICU
o Medicine ICU/PCU
o Neuro ICU/PCU
o Psychiatric, Medical Surgical (Summer 2019, Junior 2)
o Assessment, Foundations (Spring 2019, Junior 1)
Children’s Medical Center, Dallas, TX; Pediatrics (Fall 2019, Senior 1)
Veterans’ Administration Medical Center North Texas, Dallas, TX (Summer 2008, Tri 9)
Parker College of Chiropractic, Dallas, TX
o Outpatient Clinic (Fall 2007, Tri 7; Spring 2008, Tri 8)
o Student Clinic (Fall 2005, Tri 1; Spring 2006, Tri 2; Summer 2006, Tri 3; Fall 2006, Tri 4; Spring 2007, Tri 5; Summer
2007, Tri 6)
NURSING SKILLS
Assessments and Vital Signs: Physical (Head to Toe, Focused) 0 Health History 0 Neurological 0 Lab Analysis o
Palpation 0 0 0
Heart and Respiratory Rate Body Mechanics Evaluating Joint Motions
Auscultation 0
and Safety: Handwashing 0 Universal Precautions 0 Basic Safety 0 Wound Care
Infection Control
Medication: Dosage calculation 0 Oral 0 Intramuscular 0 Subcutaneous 0 Intradermal 0 IV push
IV Access Lines: Management/care of PIV 0 IV Infusion Initiation and Monitoring o Peripheral IV Line Placement
Airway Management: Nasal Suctioning 0 Bag-valve-mask device 0 Oxygen Administration 0 Endotracheal Intubation
Nutrition: Oral feeding 0 G-button 0 G Tubes 0 NG Tubes
Other: Urinary Catheters 0 Foley Catheters 0 Venipuncture 0 Hemodynamic Monitoring
LICENSURES
Doctor of Chiropractic, Texas Board of Chiropractic Examiners
National Registry of Certified Medical Examiners, Department of Transportation
Certified Designated Doctor, Texas Department of Insurance Division of Workers’ Compensation
Basic Life Support (BLS)/CPR, American Heart Association
Preview
FILED 7/1 3/2020 1:44 PM FELICIA PITRE DISTRICT CLERK DALLAS CO.,TEXAS Debra Clark DEPUTY N0. DC-20-04310 CURRY MARSHALL § IN THE DISTRICT COURT PLAINTIFF, § § VS. § DALLAS COUNTY, TEXAS § RAMON MUNOZ § DEFENDANT. 44TH JUDICIAL DISTRICT § DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE T0 PLAINTIFF’S REQUEST FOR DISCLOSURE AND DESIGNATION 0F EXPERTS Pursuant t0 TeX R. CiV. P. 194, Defendant serves the following First Supplemental Response to Plaintiff s Request for Disclosure and Designation 0f Experts. f. For any testifying expert: 1. The expert’s name, address, and telephone number; 2. The subj ect matter 0n Which the expert will testify; 3. The general substance 0f the expert’s mental impressions and opinions and a brief summary of the basis for them, or if the expert is not retained by, employed by, 0r otherwise subject to the control 0f the responding party, documents reflecting such information; 4. Ifthe expert is retained by, employed by, or otherwise subj ect t0 the control 0f the responding party: A. A11 documents, tangible things, reports, models, or data compilations that have been provided to, reviewed by, or prepared by or for the expert in anticipation of the expert’s testimony; and B. The expert’s current resume 0r bibliography. Response: Defendant hereby designates and reserves the right t0 call any expert Witness(es) designated by any other party to this case, as well as any experts later designated by any party t0 this case on any subject relevant to this litigation 0n Which the witness is qualified t0 testify. In the event that any party t0 this cause has designated any experts but has been or is subsequently dismissed for any reason or fails t0 callany designated expert at the time 0f trial, Defendant specifically reserves the right t0 call any such expert previously designated by that party. Defendant further reserves the right t0 withdraw 0r de-designate any expert prior t0 testimony and t0 positively aver that such previously designated expert Will not DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -1- be called as a witness at trial and to redesignate same as a consulting expert Who Will not be called by any party in this cause. Finally, Defendant reserves the right to supplement this response as additional information concerning experts becomes available. Defendant further hereby designates as adverse expert Witnesses all expert witnesses designated by Plaintiff. Defendant reserves the right to rely upon or to offer, by direct examination or cross-examination, testimony obtained from those experts and rebuttal experts, if any, designated by Plaintiff. By this designation, Defendant does not necessarily agree with, nor vouch for, the credibility of any such Witnesses 0r their opinions, or the reliability, materiality, or admissibility of information and/or tangible things produced by these individuals in general; by this designation Defendant is simply reserving the opportunity t0 rely upon 0r elicit certain opinions and/or evidence from these witnesses t0 the extent that it deems it in its interest t0 d0 s0. Such persons are expected t0 testify concerning Plaintiff” s care and treatment. See Plaintiffs Responses to Defendant’s Request for Disclosure for additional information concerning such health—care providers including medical bills and records relating to Plaintiff. First Supplemental Response: Defendant hereby designates as an expert witness the following individual: Andrew Goodman, DC 2046 Forest Lane, Ste. 180 Garland, Texas 75042 (972) 265-8104 Dr. Goodman is chiropractor who has reviewed Curry Marshall’s medical records and other case materials provided to him and is expected t0 testify regarding the extent of the injuries sustained by the Plaintiffin the subj ect motor vehicle accident, the appropriate care and treatment for those injuries, and the fair and reasonable cost 0f that treatment, both in the past and in the future, if applicable, as set out in the attached report. DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -2- Respectfully submitted, CQLQ? Chad Kimble, State Bar N0. 24007483 Kyle Smith, State Bar No. 241025 12 D. Brent Beasley, State Bar N0. 24082669 LAW OFFICE 0F CHAD KIMBLE, P.C. 1204 S. White Chapel Blvd. Southlake, Texas 76092 eservice@chadkimblelaw.c0m 817.766.7488 817.423.7492 fax ATTORNEY FOR DEFENDANT CERTIFICATE OF SERVICE The undersigned certifies that on the 13TH day of July, 2020, a true copy of the foregoing has been served on all parties in accordance with Rule 21a, Texas Rules of Civil Procedure. CQKQ? Chad Kimble DEFENDANT’S FIRST SUPPLEMENTAL RESPONSE TO REQUEST FOR DISCLOSURE AND DESIGNATION OF EXPERTS -3- ANDREW GOODMAN, D.C. 12001 N. CENTRAL EXPRESSWAY DOCTOR OF CHIROPRACTIC SUITE 800 DALLAS, TX 75243 (214) 750—61 10 FAX — (21 4) 750-5825 July 1, 2020 Mr. Chad Kimble Low Chad Kimble, P.C. Office of 1204 Sou’rh Whi’re Chapel Blvd. Sou’rhloke, TX 76092 Fox: 81 7—423—7492 RE: Curry Marshall CLAIM #: 0542668108 DATE OF INJURY: 04/1 7/19 CASE #: 21151834 Dear Mr. Kimble: | hove had ’rhe opportunity ’ro review medical records on Mr. Curry Marshall. My name is Andrew Goodman, DC. Cum Loude from Parker College of Chiroproc’ric in 2008. | groduo’red | hove had chiropractic practices in0nd Dallas, TX seeing 0nd Treating many po’rien’rs who were Plano, TX subjec’r ’ro musculoskele’rol injuries of ’rhe spine 0nd The ex’rremi’ries. was also ’rhe Director of Rehobili’ro’rion for | Alpha Physical Medicine, ’rhe rehabilitation cen’rer for Alpha Orthopedics, seeing 0nd Treo’ring hundreds of pos’r- operative 0nd non-opero’rive po’rien’rs, many of whom were injured due ’ro Traumatic incidences of falls, mo’ror vehicle accidents, 0nd froc’rures. hove had direct po’rien’r experience wi’rh Thousands of po’rien’rs during my | ’rime as o Doc’ror of Chiropractic. moin’roin on oc’rive license 0nd work Gs on independent confroc’ror for on | occupo’rionol medicine clinic performing pre-employmen’r physicals, Depor’rmen’r of Tronspor’ro’rion physicals, 0nd workers’ compensation injuries 0nd independent medical evaluations ’ro de’rermine MMI 0nd assign impairment ro’rings. om c1 Nationally Registered Certified Medical Examiner for ’rhe Deportmen’r of | Transportation 0nd o certified Designated Doc’ror wi’rh ’rhe Texas Department of Insurance Division of Workers’ Compenso’rion. | hove several years of experience se’r’ring fee schedules, billing Third-por’ry reimbursement 0nd discussing Third-por’ry reimbursement wi’rh po’rien’rs. OVERVIEW: On April 25, 20] 9, ’rhe po’rienT ’ro Accident & Injury Chiropractic for cm ini’riol examination. The po’rienf presented s’ro’res Tho’r ’rhe The mo’ror vehicle accident rcm c1 s’rop-sign, did no’r see The patient coming 0nd o’rher driver in hi’r ’rhe driver’s side door, Traveling approximately 35 mph when ’rhe vehicle pulled ou’r. Ini’riol examination findings showed decreased sensation on C5, C6, C7 dermo’romes in The Ief’r Gs well Gs L3, L4, L5 0nd S] dermo’romes in The Ief’r. Del’roids ’res’red 4+/5 on The Ief’r. Reflexes were graded 2+ in ’rhe upper 0nd lower extremities bilaterally. Cervical flexion was measured o’r 60 degrees, normal was 60 degrees. Cervical extension was measured o’r 35 degrees, normal wos 60 degrees. Cervical IefT ro’roTion was measured o’r 45 degrees, normal was 8O degrees. Cervical righ’r ro’ro’rion was measured o’r 65 degrees, normal was 80 degrees. Cervical Ief’r Io’rerol flexion was measured 0T 35 degrees, normal was 45 degrees. Cervical righ’r Io’rerol flexion was measured 0T 20 degrees, normal wos 45 degrees. Thorocolumbor range of mo’rion, flexion wos measured o’r 9O degrees, normal was 9O degrees. Thorocolumbor extension wos measured o’r 25 degrees, normal was 30 degrees. Lumbar IefT ro’ro’rion wos measured o’r 30 degrees, normal wos 30 degrees. Lumbar righ’r ro’ro’rion wos measured o’r 3O degrees, normal was 30 degrees. Lumbar left Io’rerol flexion wos measured o’r 15 degrees, normal wos 25 degrees. Lumbar righ’r Io’rerol flexion wos measured o’r 25 degrees, normal wos 25 degrees. Forominol compression Test was positive bilo’rerolly for localized pain. Shoulder depression Tes’r was positive bilaterally for localized poin. Cervical dis’rroc’rion ’resT was positive for decreased poin bilaterally. LefT shoulder range of mo’rion wos limited wi’rh positive suprospino’rus press ’res’r, positive Apley’s scro’rch ’res’r, localized pain Curry Marshall July 1, 2020 CASE #: 21151834 Page 2 of 8 on Yergason's test, positive drop-arm test, and positive left Hawkins’ test. Right Faber test was positive for low back pain. Right Yeoman’s test was positive for low back pain. Treatment on this date consisted of intersegmental traction, office visits, and ice and heat. On April 25, 2019, the patient presented to Lone Star Radiology for cervical spine x-rays with the following impressions. Postural alterations and moderate reduction of extension. Thoracic spine x-rays were normal. Lumbar spine x-rays revealed postural alterations and surgical changes at C3 through L5. Left shoulder x-rays revealed essentially unremarkable internal and external rotation projections of the left shoulder. Left wrist x-rays were unremarkable. On April 29, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS (electrical muscle stimulation), and ice and heat. On April 30, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, and ice and heat. On April 30, 2019, the patient presented to DFW CT scan for a CT scan of the brain with the following impressions. Essentially unremarkable study of the brain. The patient also presented for a CT scan of the cervical spine with the following impressions. Flattening of the cervical lordosis spondylosis at C3 through C6, uncovertebral degeneration with IVF encroachment of the C5-C6 and C6-C7 bilaterally. On May 1, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, EMS and ice and heat. On May 3, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, EMS, and ice and heat therapy. On May 9, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, EMS, and ice and heat therapy. On May 10, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, EMS, and ice and heat therapy. On May 14, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, EMS, and ice and heat therapy. On May 15, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, intersegmental traction, EMS, and ice and heat therapy. On May 17, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of intersegmental traction, EMS, and ice and heat therapy. On May 18, 2019, the patient presented to Accident & Injury Chiropractic for reevaluation. Motor exam was normal in the upper and lower extremities bilaterally. Reflexes were normal in the upper and lower extremities bilaterally. Sensory exam was normal in the upper and lower extremities bilaterally. Cervical flexion was measured at 55 degrees, normal was 60 degrees. Cervical extension was measured at 50 degrees, normal was 60 degrees. Cervical left rotation was measured at 60 degrees, normal was 80 degrees. Cervical right rotation was measured at 70 degrees, normal was 80 degrees. Cervical left lateral flexion was measured at 40 degrees, normal was 45 degrees. Cervical right lateral flexion was measured at 35 degrees, normal was 45 degrees. Lumbar range of motion, flexion was measured at 90 degrees, normal was 90 degrees. Lumbar extension was measured at 30 degrees, normal was 30 degrees. Lumbar left rotation was measured at 25 degrees, normal was 30 degrees. Lumbar right rotation was measured at 25 degrees, normal was 30 degrees. Lumbar left lateral flexion was measured at 25 degrees, normal was 25 degrees. Lumbar right lateral flexion was measured Curry Marshall July 1, 2020 CASE #: 21151834 Page 3 of 8 at 25 degrees, normal was 25 degrees. Foraminal compression test was positive for localized pain bilaterally. Shoulder depression test was positive on the left for localized pain. Straight leg raise on the left was positive for low back pain at 85 degrees. Ely’s test on the right was positive for localized pain. Left shoulder range of motion was limited. Supraspinatus press test was positive. Apley’s scratch test was positive for localized pain. Yergason's test was positive for localized pain. On May 20, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On May 21, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy and therapeutic exercise. On May 23, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On May 24, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On June 3, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On June 4, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On June 10, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On June 13, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation. On June 17, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. On June 19, 2019, the patient presented to Accident & Injury Chiropractic for reexamination. Cervical range of motion was normal. Lumbar range of motion was normal. Foraminal compression test was positive for localized pain on the left. Shoulder depression test was positive for localized pain bilaterally. Left shoulder range of motion was limited. Apley’s scratch test was positive. On June 25, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation and therapeutic exercise. On June 27, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation and therapeutic exercise. On June 29, 2019, the patient presented to North Texas Open Air MRI for an MRI scan of the left shoulder with the following impression. Intact rotator cuff apparatus. Mild to moderate capsular edema of the left glenohumeral joint. On July 1, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation. On July 2, 2019, the patient presented to Accident & Injury Chiropractic for treatment consisting of manipulation, EMS, ice and heat therapy, and therapeutic exercise. Curry Marshall July 1, 2020 CASE #: 21 151834 Page 4 of 8 On July 3, 2019, ’rhe po’rienT presented ’ro Accident & Injury Chiroproc’ric for Treo’rmen’r consisting of manipulation cmd Therapeutic exercise. On July 6, 2019, ’rhe po’rienT presented ’ro Accident & Injury Chiropractic for Treo’rmen’r consisting of manipulation 0nd Therapeutic exercise. On July 8, 2019, ’rhe po’rienT presented ’ro Acciden’r & Injury Chiroproc’ric for Treo’rmenT consisting of manipulation 0nd Therapeutic exercise. On July 10, 2019, The po’rien’r presented ’ro Accident & Injury Chiropractic for Treo’rmen’r consisting of manipulation 0nd Therapeutic exercise. On July 15, 2019, ’rhe po’rienT presented ’ro Acciden’r & Injury Chiroproc’ric for Treo’rmenT consisting of monipulofion. On July 17, 2019, The poTien’r presenTed ’ro Accident & Injury Chiropractic for Treo’rmen’r consisTing of monipulofion. On July 19, 2019, The poTien’r presen’red ’ro AccidenT & Injury Chiropractic for Treatment consisTing of monipulofion. On July 25, 201 9, The poTien’r presented ’ro Accident & Injury Chiropractic for reevaluation. Mo’ror exam, reflexes 0nd sensory exam were all normal in The upper 0nd lower ex’rremiTies biloTerolly. Cervical 0nd lumbar ranges of mo’rion were normal. Or’rhopedic examinofion was normal. On July 26, 2019, The poTien’r presenTed ’ro Accident & Injury Chiropractic for Treo’rmen’r consisTing of monipulofion. On July 30, 2019, The po’rienT presented To AccidenT & Injury Chiroproc’ric for TreonenT consisting of monipulofion, EMS, 0nd ice 0nd heo’r Therapy. On Augus’r 7, 2019, The poTien’r presented ’ro Acciden’r & Injury Chiroproc’ric for TreonenT consisTing of monipulofion. On Augus’r 9, 2019, ’rhe po’rienT presenfed ’ro AccidenT & Injury Chiroprac’ric for Treonen’r consisting of monipulofion 0nd on This do’re The poTien’r was released from core. DlSCUSSION/OPINION: The following opinion based upon my Treo’rmen’r experience, education, 0nd commonly accep’red is chiropractic Treo’rmen’r guidelines. hove had direc’r po’rien’r experience wi’rh Thousands of po’rien’rs during my | ’rime as c1 Doc’ror of Chiropractic. maintain cm oc’rive license 0nd work Gs cm independent contractor for cm | occupo’rionol medicine clinic where perform pre—employmen’r physicals, Depor’rmen’r of Transportation | physicals, 0nd Workers' Compenso’rion injuries. om o Nationally Registered Certified Medical Examiner for ’rhe | Depor’rmen’r of Transportation 0nd c1 certified Designo’red Doc’ror wi’rh ’rhe Texas Depor’rmen’r of Insurance Division of Workers' Compensation. hove several years of experience se’r’ring fee schedules, billing Third por’ry | reimbursemen’r cmd discussing Third por’ry reimbursement wi’rh po’rien’rs. The following is on opinion on The necessity of ’rreo’rmen’r o’r Accident & Injury Chiropractic on April 17, 201 9. The was involved po’rien’r in (:1 mo’ror vehicle accident. On April 25, 20] 9, The po’rien’r presented ’ro Accident & Injury Chiropractic for on examination. Exam findings ore consistent wi’rh o diagnosis of musculoskele’rol ini’riol s’rroin/sproin of ’rhe cervical 0nd Thoracic spine os well Gs ’rhe Ief’r shoulder. This Type of diagnosis qualifies for c1 ’rriol of chiropractic core consisting of six ’ro nine visi’rs over The course of opproximo’rely ’rwo weeks o’r which Curry Marshall July 1, 2020 CASE #: 21151834 Page 5 of 8 point a reexamination should be performed to establish if functional progress is being achieved. The patient did have a reexamination on May 18, 2019, that was after the 12th visit. On this date the patient did show marked improvement in the cervical and thoracic spine such that it was reasonable to assume that the patient should have been discharged from care at this time. Symptomatology had been greatly reduced, range of motion had been restored. Neurologic examination in terms of motor function, reflexes and sensation were all within normal limits and at this time it can be reasonably assumed that the patient’s trial of care was successful in resolving the injuries that the patient sustained in the motor vehicle accident. At this point the patient should have been discharged from care. The following is an opinion on the reasonableness of charges and pricing at Accident & Injury Chiropractic. The following charges are unreasonable as it relates to similar services performed in the same geographic area. CPT Code 99203 new-patient visit was billed $325, should not have been billed more than $220. CPT Code 72070, thoracic spine x-rays was billed $333, should not been billed more than $65. CPT Code 72100, lumbar spine x-rays was billed $338, should not have been billed more than $79. CPT Code 72050, cervical spine x-rays was billed $463, should not have been billed more than $104. CPT Code 73030, shoulder x-rays was billed $277, should not have been billed more than $50. CPT Code 73110, wrist x-rays was billed $249, should not have been billed more than $80. CPT Code 99212, established office visit was billed $160, this should not have been billed as there is no documentation that an exam of this level was performed on this date. CPT Code 97012, mechanical traction was billed $55, should not have been billed more than $32. CPT Code 97014, electrical muscle stimulation was billed $54, should not have been billed more than $30. CPT Code 97012, application of hot and cold patches billed $34, this should not have been billed as this type of treatment has not been shown to be clinically efficacious. CPT Code 98941, manipulation in three to four regions was billed $106, should not have been billed more than $85. CPT Code 98943, manipulation extraspinal was billed $62, should not have been billed more than $57. CPT Code 99213, established office visit was billed $204, should not have been billed more than $154. CPT Code 97110, therapeutic exercise was billed $98, should not have been billed more than $64. The following is an opinion on the necessity of referrals of CT scans at DFW CT Scan. The patient was referred to DFW CT Scan for CT scans of the brain and the cervical spine. The patient had already had x-rays taken on the initial visit of the cervical spine. The patient did not present with any type of neurological deficits that would suggest that a CT of the brain would have been warranted and cervical spine MRI scans were negative for any acute findings or any type of gross bony abnormalities such as a fracture or dislocation. Because of this the CT studies that were performed at DFW CT Scan are not necessary for this patient. Regarding the MRI of the left shoulder performed at White Rock Open Air MRI, at the time of the shoulder MRI scan the patient’s re-examination showed normal upper extremity strength, reflexes, and sensation. There were minimal provocative tests therefore there is not enough evidence to support that there may be internal derangement that was a result of the motor vehicle accident. The following is an opinion on the reasonableness of charging prices of the services at DFW CT Scan. CPT Code 70450, CT of the head and brain was billed $2,219, should not have been billed more than $238. CPT Code 72125, CT of the cervical spine was billed $2,264, should not been billed more than $378. The following is an opinion on the reasonableness of prices charged at White Rock Open Air MRI. CPT Code 73221, MRI of the shoulder was billed $2,950, should not have been billed more than $463. With regards to the injury sustained by the individual from the motor vehicle accident, I do not anticipate that any future treatments is necessary and therefore there should not be any future costs for any future medical treatment due to the injury sustained from the motor vehicle accident. To calculate fees I utilized an average of what providers in this area charge. Thank you for the opportunity to review the medical records on Mr. Curry Marshall. Curry Marshall July 1, 2020 CASE #: 21151834 Page 6 of 8 Dictated, reviewed, opinion verified, and attested to by my original signature. Sincerely, igfl Andrew Goodman, D.C. Doctor of Chiropractic 11008 AG/ck:ANS/vkr The opinions rendered in this case are the opinions of the evaluator. This review has been conducted on the basis of the medical records provided, with the assumption that the material is true and correct. If more information becomes available at a later date, an additional service/report/reconsideration may be requested. Curry Marshall July 1, 2020 CASE #: 21151834 Page 7 of 8 SUMMARY OF RECORDS Texas Peace Officer’s Crash Report: Irving Police Dept., 04/17/19 Irving Fire Dept.: 04/17/19 Accident & Injury Chiropractic: Shane Marcum, D.C., 04/25/19, 04/26/19, 04/29/19, 04/30/19, 05/01/19, 05/03/19, 05/09/19, 05/10/19, 05/14/19, 05/15/19, 05/17/19, 05/18/19, 05/20/19, 05/21/19, 05/23/19, 05/24/19, 06/03/19, 06/04/19, 06/10/19, 06/13/19, 06/17/19, 06/19/19, 06/25/19, 06/27/19, 07/01/19, 07/02/19, 07/03/19, 07/06/19, 07/08/19, 07/10/19, 07/15/19, 07/17/19, 07/19/19, 07/25/19, 07/26/19, 07/30/19, 08/07/19, 08/09/19, 09/13/19 DFW CT Scan: Kenneth Lustik, D.C., D.A.C.B.R., 04/29/19 Pioneer Orthopedics: Referral From Shane Marcum, D.C., 05/01/19 Lone Star Radiology: Kenneth Lustik, D.C., Film Date: 04/25/19 – Report Date: 06/03/19 North Texas MRI Open Air: Kenneth Lustik, D.C., Exam Date: 06/28/19, Report Date: 06/29/19 (Pioneer Orthopedics): James Laughlin, D.O.: 07/08/19, 07/29/19, Summary of Treatment Records: Accident & Injury Chiropractic: Shane Marcum, D.C., 09/13/19 Black & White Photocopy Texas Driver License ID: Curry Rayfell Marshall Affidavit of Medical Records from Pioneer Orthopedics, PLLC: 04/13/20 Billing Affidavit of Pioneer Orthopedics, PLLC: 04/13/19 Affidavit of Medical records from L.B. Durable Medical Equipment: 04/13/20 Billing Affidavit of L.B. Durable Medical Equipment: 04/13/20 Affidavit for Authentication of Business Records, DFW CT Scan: 04/07/20 Affidavit of Necessity of Services/Reasonableness of Charges, DFW CT Scan: 04/07/20 Affidavit for Authentication of Business Records, North Texas Open Air MRI: 04/07/20 Affidavit of Necessity of Services/Reasonableness of Charges, North Texas Open Air MRI: 04/07/20 Affidavit for Authentication of Business Records, Lone Star Radiology: 04/07/20 Affidavit of Necessity of Services/Reasonableness of Charges, Lone Star Radiology: 04/07/20 Affidavit for Authentication of Business Records, Accident & Injury Chiropractic: 04/07/20 Affidavit of Necessity of Services/Reasonableness of Charges, Accident & Injury Chiropractic: 04/07/20 Affidavit for (billing records), American Radiology Consultants: 03/31/20 Billing Records Affidavit, Century Integrated Partners: 05/12/20 Affidavit for Billing Records, Baylor Scott & White Medical Center Irving: 04/13/20 Medical Records Affidavit, City of Irving Fire Dept.: 03/16/20 Plaintiff Curry Marshall’s Response to Interrogatories: 05/12/20 Plaintiff Curry Marshall’s Rule 194 Disclosures: 05/12/20 Plaintiff Curry Marshall’s Notice of Filing Affidavits: 6/23/20 Billing Records Affidavit, City of Irving Fire Dept.: 04/03/20 Itemized Statement: DFW CT Scan, Statement Date: 09/13/19, Date of Service: 04/30/19 Itemized Statement: North Texas Open Air MRI, Statement Date: 09/13/19, Date of Service: 06/29/19 Itemized Statement: Lone Star Radiology, Statement Date: 09/13/19, Date of Service: 06/03/19 Itemized Statement: Accident & Injury Pain Center, Inc., Statement Date: 04/07/20, Dates of Service: 04/25/19 – 09/13/19 Itemized Statement: American Radiology Consultants, Statement Date: 03/31/20, Date of Service: 04/17/19 Itemized Statement: L.B. Durable Medical Equipment, Statement Date: 04/13/20, Date of Service: 07/08/19 Itemized Statement: Century Integrated Partners, Inc., Date of Service: 04/17/19 Itemized Statement: Baylor Medical Center at Irving, Date of Service: 04/17/19 Itemized Statement: Baylor Scott & White Medical Center Irving, Statement Date: 04/12/20, Dates of Service: 04/17/19 – 03/18/20 Health Insurance Claim Form: City of Irving Fire Dept., Date of Service: 04/17/19 Itemized Statement: City of Irving Fire Dept., Statement Date: 03/30/20, Date of Service: 04/17/19 Itemized Statement: Pioneer Orthopedics, Statement Date: 04/08/20, Dates of Service: 07/08/19 – 07/29/19 Curry Marshall July 1, 2020 CASE #: 21151834 Page 8 of 8 Color Photos: 17 pages Andrew Goodman, D.C. Dallas, TX 75248 PROFESSIONAL SUMMARY Extensive experience building patient relationships and delivering exceptional medical care as part of a collaborative medical team o Promoted health and wellness as a licensed chiropractor, addressing a wide range of medical problems. o Developed multiple partnerships with doctors and specialists to address patient total wellbeing. o High academic success and strong marks and reviews earned on all clinical rotations. o Thrive in fast paced medical environments. Enjoy problem solving to answer tough problems. CHIROPRACTIC EXPERIENCE Chiropractor/Health Care Provider, Occumed Plus, Dallas, September 2017 — Present TX Performed pre-employment assessments and ongoing medical examinations for the Department of Transportation. Evaluated, diagnosed, and documented acute care management for work related injuries. Communicated work restrictions, improvements, and assigned impairment ratings. Designated Doctor/lndependent Peer Reviewer, Exam Works, March 2018 — Present Dallas, TX Performed state-assigned, independent patient evaluations for work-related injuries. Assessed patients and evaluated to determine maximum medical improvement. Assigned impairment rating per the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment. Chiropractor, The Joint Chiropractic, Dallas, TX Promoted health and wellness for chiropractic patients with a broad range of medical diagnoses and health concerns. Listened to patients’ needs and concerns with compassion. Completed thorough assessments, evaluated, and reviewed recommendations with patients. Completed chiropractic adjustments based on medical needs. Director of Rehabilitation, Alpha Physical Medicine, McKinney, TX Provided chiropractic treatment in multidisciplinary practice in collaboration with Orthopedic, Pain Management, and Physical Therapy specialists. Designed and implemented prehab, non-operative, and post-operative rehab protocols. Oversaw day to day operations of front office staff and exercise physiologist. Chiropractor/Owner, Goodman Chiropractic, Dallas, TX Evaluated patients with broad range of medical and chiropractic needs. Created comprehensive treatment plans based on needs and health goals. Treated patients utilizing all necessary techniques. Charted progress, counseled, and adjusted treatment plans as needed. CHIROPRACTIC SKILLS Assessments and Vital Signs: Physical (Head to Toe, Focused) o Health History 0 Neurological 0 Lab Analysis 0 Palpation 0 Auscultation 0 Heart and Respiratory Rate 0 Body Mechanics 0 Orthopedic Manipulation: Motion Palpation 0 High Velocity Low Amplitude 0 Diversified 0 Drop Table Modalities: Ultrasound 0 Electrical Muscle Stimulation 0 Heat/Ice 0 Traction Active Rehabilitation: Therapeutic Exercise 0 Neuromuscular Reeducation 0 Therapeutic Activities Manual Therapy: Active Release Technique 0 Myofascial Release 0 Dynamic Stretching 0 Low Back Strengthening Forensics: Peer Reviews 0 Independent Medical Examinations 0 MMl/IR 0 Extent of Injury 0 Return to Work Other: X-ray interpretation 0 Work Comp 0 DOT Physicals 0 Bracing/Splinting Andrew Goodman, Page 2 EDUCATION University of Texas at Arlington, Arlington, TX Bachelor of Science in Nursing Parker College of Chiropractic, Dallas, TX Doctor of Chiropractic University of Texas at Austin, Austin, TX Bachelor of Arts in English; Biology Minor CLINICAL ROTATIONS Parkland Memorial Hospital, Dallas, TX o Capstone, Community Health (Spring 2020, Senior 2) 0 Critical Care, Obstetrics (Fall 2019, Senior 1) o Surgical ICU o Medical ICU o Burn ICU o Medicine ICU/PCU o Neuro ICU/PCU o Psychiatric, Medical Surgical (Summer 2019, Junior 2) o Assessment, Foundations (Spring 2019, Junior 1) Children’s Medical Center, Dallas, TX; Pediatrics (Fall 2019, Senior 1) Veterans’ Administration Medical Center North Texas, Dallas, TX (Summer 2008, Tri 9) Parker College of Chiropractic, Dallas, TX o Outpatient Clinic (Fall 2007, Tri 7; Spring 2008, Tri 8) o Student Clinic (Fall 2005, Tri 1; Spring 2006, Tri 2; Summer 2006, Tri 3; Fall 2006, Tri 4; Spring 2007, Tri 5; Summer 2007, Tri 6) NURSING SKILLS Assessments and Vital Signs: Physical (Head to Toe, Focused) 0 Health History 0 Neurological 0 Lab Analysis o Palpation 0 0 0 Heart and Respiratory Rate Body Mechanics Evaluating Joint Motions Auscultation 0 and Safety: Handwashing 0 Universal Precautions 0 Basic Safety 0 Wound Care Infection Control Medication: Dosage calculation 0 Oral 0 Intramuscular 0 Subcutaneous 0 Intradermal 0 IV push IV Access Lines: Management/care of PIV 0 IV Infusion Initiation and Monitoring o Peripheral IV Line Placement Airway Management: Nasal Suctioning 0 Bag-valve-mask device 0 Oxygen Administration 0 Endotracheal Intubation Nutrition: Oral feeding 0 G-button 0 G Tubes 0 NG Tubes Other: Urinary Catheters 0 Foley Catheters 0 Venipuncture 0 Hemodynamic Monitoring LICENSURES Doctor of Chiropractic, Texas Board of Chiropractic Examiners National Registry of Certified Medical Examiners, Department of Transportation Certified Designated Doctor, Texas Department of Insurance Division of Workers’ Compensation Basic Life Support (BLS)/CPR, American Heart Association