Legal Document: Sowka Barcacel v. Freitas Marcos

On January 19, 2021 a RESPONSE TO DEMAND - NOTICE OF MEDICAL AND EXCHANGE OF EXPERT INFO was filed involving a dispute between Sowka Barcacel, and Freitas Marcos, for Torts - Motor Vehicle in the District Court of Queens County.

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022

SUPREME COURT OF STATE OF NEW YORK
COUNTY OF SUPREME QUEENS
INDEX NO. 701269/2021
SOWKA BARCACEL
PLAINTIFF(S) NOTICE OF MEDICAL AND
-Against- EXCHANGE OF EXPERT
DEFENDANT(S) INFORMATION
MARCOS V FREITAS
FILE NO. 1086133-2

SIRS:
PLEASE TAKE NOTICE, THAT THE FOLLOWING IS DEFENDANT(S) RESPONSE TO PLAINTIFF(S) REQUEST FOR EXPERT
DISCLOSURE PURSUANT TO SECTION 3101(D) OF THE CIVIL PRACTICE LAW AND RULES:

1. Defendant(s) expect(s) to call WILLIAM WALSH, M.D. as an expert witness at the trial in the above matter.

2. The subject matter upon which the examining Physician presently expected to testify is set forth in detail in

his/her report dated 11/19/2021 a copy of which is attached hereto, and incorporated by reference herein.

3. The facts and opinions upon which the examining physician is expected to testify are based on his physical

examination of the plaintiff(s) and his/her review of the plaintiff(s) medical records.

4. The grounds of the Physician's opinion come from his/her Physical examination of the plaintiff on the above

date and his/her review to the plaintiff's medical records, and is set forth in attached report.

5. The Curriculum Vitae for the examining Physician are enclosed along with the report.

Dated: New York, New York
12/28/2021
YOURS ETC.,

TO: Ronit Z. Moskovits, Esq.
GREENSTEIN & MILBAUER, LLP BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
Attorney for Plaintiff Attorney for Defendant(s)
1825 PARK AVENUE One MetroTech Center, 8th Flr.
9TH FLOOR
NEW YORK, NY 10035 Brooklyn, NY 11201-3948
Tel: 212-837-8230

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022

SUPREME COURT OF STATE OF NEW YORK
COUNTY OF SUPREME QUEENS
INDEX NO.
701269/2021
SOWKA BARCACEL
PLAINTIFF(S) NOTICE OF MEDICAL
-Against- AND EXCHANGE OF
DEFENDANT(S) EXPERT INFORMATION
MARCOS V FREITAS
FILE NO. 1086133-2

AFFIDAVIT OF SERVICE BY MAIL, NOTICE OF EXPERT WITNESS DISCLOSURE PURSUANT TO
C.P.L.R.3101(D) AND THE AFFIRMED MEDICAL REPORT OF WILLIAM WALSH, M.D.

BAKER, McEVOY, MORRISSEY & MOSKOVITS, P.C.
One MetroTech Center, 8th Flr.
Brooklyn, NY, 11201-3948
(212) 857-8230

To:
Attorney(s) for:

Service of a copy of the within
Is hereby admitted

Dated,

Attorney(s) for

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022

William Walsh, M.D.
Diplomate American Board of Orthopedic Surgery

86-11 Lefferts Blvd., LL Level
Richmond Hill, NY 11418

11/19/2021

Baker, McEvoy, & Moskovits, P.C.
One Metrotech Center
Brooklyn, NY 11201

Claimant: Barcacel, Sowka H.
Claim#: 1086133-2
DOB: 03/01/1976
DOA: 07/27/2020

To Whom It May Concern:

I have performed an orthopedic medical evaluation regarding Ms. Sowka H.
Barcacel, which took place on 11/19/2021 in the Queens office. Ms. Barcacel
presented New York State driver license prior to the evaluation. She reports that
she drove herself to this examination. My office assistant, Alla, was present at the
time of this examination.

My findings are as follows:

ACCIDENT HISTORY:

The history was obtained from Ms. Barcacel who reports that she was involved in a
motor vehicle accident on 07/27/2020. The claimant explains that she was the
restrained driver at the time of the accident when the vehicle was struck on the
rear side. She states that the airbag did not deploy and the vehicle was not towed
from the scene of accident.

Ms. Barcacel states that she was not rendered unconscious.

Ms. Barcacel reports that immediately after the accident she did not feel any pain.

Ms. Barcacel denies sustaining any fractures or lacerations.

Ms. Barcacel reports that she was not pregnant at the time of the accident.

Ms. Barcacel denies seeking emergency hospital care immediately following the
accident.

TREATMENT HISTORY:

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022
Claimant: Barcacel, Sowka H. IME Report
Claim #: 1086133-2 Page 2
DOB: 03/01/1976
DOA: 07/27/2020

Ms. Barcacel states that she came under the care of various physicians for further
assessment. The claimant states that she was then started on a course of physical
therapy, chiropractic care, acupuncture treatment, massage therapy and heat
treatment at a frequency of three times a week. Ms. Barcacel states that she feels
that the treatments have been progressively improving her condition. She states
that she is no longer continuing the recommended treatment at the present time.
She does not want to continue conservative treatments. There were no additional
diagnostic tests performed. The claimant states that she did not require the use any
assistive device.

Ms. Barcacel denies undergoing any surgery. The claimant denies receiving any
injections. Ms. Barcacel denies any pending surgeries or injections.

MEDICAL HISTORY:

Ms. Barcacel denies history of prior accidents or similar injuries. She denies history
of any subsequent accidents. The claimant denies history of significant medical
illness.

SURGICAL HISTORY:

Ms. Barcacel reports undergoing prior surgery on 04/18/2019; however she did not
report the type of surgery.

MEDICATIONS:

Ms. Barcacel reports that currently she is taking following medications: Vitamins.
The claimant did not take any medications today prior to the examination.

ALLERGIES:

Ms. Barcacel states that she is allergic to penicillin.

EMPLOYMENT HISTORY:

Ms. Barcacel reports that she was employed full-time as a resident for licensing for
funeral director at the time of the accident. The claimant did not specify the duties
of her occupation. She states that she did not miss any time from work. At present
time, the claimant is working full-time at a new job as a licensed funeral director
performing her duties without limitations.

PRESENT COMPLAINTS:

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022
Claimant: Barcacel, Sowka H. IME Report
Claim #: 1086133-2 Page 3
DOB: 03/01/1976
DOA: 07/27/2020

At the time of this examination, Ms. Barcacel states that she has a complaint of
pain in the left wrist/hand. She reports that her symptoms have improved since the
reported date of injury.

REVIEW OF AVAILABLE RECORDS:

1. Verified bill of particulars, Index# No: 701269/2021.

I am advised that there are no legally authenticated medical records were available
for review. If any authenticated medical records are available at any later time. I
would be pleased to review them and advice whether they have any effect on my
RSLQLRQZKLFKLVEDVHGRQWRGD\¶VH[DPLQDWLRQ

PHYSICAL EXAMINATION:

Examination reveals a 45-year-old right-handed female. The claimant ambulates
with a normal gait. She is 5 feet 5 inches tall, weighs 150 pounds and she has black
hair with dark brown eyes. She is in no acute distress and is able to understand and
cooperate during the examination.

Ms. Barcacel is not using assistive devices.

Please note that masks were worn throughout examination.

OBSERVATION:

Ms. Barcacel sits comfortably.

RANGE OF MOTION MEASUREMENTS:

The range of motion of the examined body parts were performed by the claimant.
This is a subjective maneuver on the part of the claimant. All measurements of the
ranges of motion were performed by the examiner using a hand-held goniometer.
7KH PHDVXUHPHQW LWVHOI LV WKHUHIRUH DQ REMHFWLYH PHDVXUHPHQW RI WKH FODLPDQW¶V
subjective efforts. The values of all the measurements were compared to the
normal active range of motion values according to the pXEOLFDWLRQ ³*XLGHOLQHV WR
WKH (YDOXDWLRQ RI 3HUPDQHQW ,PSDLUPHQW´ WK HGLWLRQ SXEOLVKHG E\ WKH $PHULFDQ
Medical Association.

ORTHOPEDIC EXAMINATION:

Cervical Spine:

There is no muscle mass noted on palpation of the paracervical muscles. There is
no complaint of tenderness upon palpation. Range of motion demonstrates flexion

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022
Claimant: Barcacel, Sowka H. IME Report
Claim #: 1086133-2 Page 4
DOB: 03/01/1976
DOA: 07/27/2020

to 50 degrees (50 degrees normal), extension to 60 degrees (60 degrees normal),
right lateral flexion to 45 degrees (45 degrees normal) and left lateral flexion to 45
degrees (45 degrees normal), and right rotation to 80 degrees (80 degrees normal)
and left rotation to 80 degrees (80 degrees normal).

x Distraction ± negative.
x Compression ± negative.
x -DFNVRQ¶V± negative.
x Soto Hall ± negative.

Neurological examination of the bilateral upper extremities shows as follows: There
is no atrophy noted bilaterally. Muscle strength in each range is at 5/5 bilaterally.
Deep tendon reflexes, biceps and triceps, are at 2+ bilaterally. Sensation to light
touch is within normal limits bilaterally.

Lumbar Spine:

There is no muscle spasm upon palpation bilaterally. There is no complaint of
tenderness upon palpation over L1, L2, L3, L4, L5, and S1 disc space levels
bilaterally. Range of motion demonstrates flexion to 60 degrees (60 degrees
normal), extension to 25 degrees (25 degrees normal), and right lateral bending to
25 degrees (25 degrees normal) and left lateral bending to 25 degrees (25 degrees
normal). Straight leg raise is negative at 80 degrees bilaterally ( 80 degrees
normal)

x Fabere ± negative.
x (O\¶V± negative.
x .HPS¶V± negative.
x /DVHJXH¶V± negative.

The claimant has no complaints of pain with motion.

Neurological examination of the bilateral lower extremities shows as follows: There
is no atrophy in the muscles of the right and left thigh or right and left calf. Muscle
strength in each range is at 5/5 bilaterally. Deep tendon reflexes are in the right
knee at 2+, left knee at 2+, right ankle at 2+, and left ankle at 2+. Sensation to
light touch is within normal limits bilaterally.

Left Wrist/Hand:

There is no heat, swelling, effusion, erythema, or crepitus appreciated. Range of
motion demonstrates palmar flexion to 60 degrees (60 degrees normal),
dorsiflexion to 60 degrees (60 degrees normal), pronation to 80 degrees (80
degrees normal) and supination to 80 degrees (80 degrees normal), radial-lateral

6 of 11
FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022
Claimant: Barcacel, Sowka H. IME Report
Claim #: 1086133-2 Page 5
DOB: 03/01/1976
DOA: 07/27/2020

motion to 20 degrees (20 degrees normal), and ulnar motion to 30 degrees (30
degrees normal). Grip strength is 5/5.

Range of motion of the digits is within normal limits.

x 7LQHO¶V± negative.
x 3KDOHQ¶V± negative.
x Finkelstein ± negative.

DIAGNOSES/IMPRESSION:

1. Cervical spine sprain/strain ± resolved.
2. Lumbar spine sprain/strain± resolved.
3. Left wrist/hand sprain/strain - resolved.

ABILITY TO WORK:

Ms. Sowka H. Barcacel is able to work without limitations.

ACTIVITIES OF DAILY LIVING:

Ms. Sowka H. Barcacel is able to perform normal activities of daily living without
limitations.

DEGREE OF DISABILITY:

There is no evidence of orthopedic disability, permanency or residuals.

Upon completion of the examination, Ms. Sowka H. Barcacel offers no complaints as
a result of this examination and left the examining area stable and unchanged.

If you have any further questions regarding Ms. Sowka H. Barcacel, please do not
hesitate to contact me.

ATTESTATION:

I, William Walsh, M.D., being an orthopedist, duly licensed to practice medicine in
the State of NY, pursuant to the applicable provisions of the Civil Practice Law and
Rules section 2106, hereby affirm under the penalties of perjury that the
statements contained herein are true and accurate.

Sincerely,

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022
Claimant: Barcacel, Sowka H. IME Report
Claim #: 1086133-2 Page 6
DOB: 03/01/1976
DOA: 07/27/2020

William Walsh, M.D.
Board Certified Orthopedic Surgeon
New York State License No: 097304-01

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022

William J. Walsh, M.D.

Board Certified Orthopedic Surgeon

384 Harris Road

Bedford Hills, New York 10507

Telephone: 914 234-3790

Mobile: 914 262-9431

Email: DuathlonMD@gmail.com

Education:

College of the Holy Cross, B.S. 1960

New York Medical College, M.D. 1964

Post Graduate Training:

1964 - 1966 St. Vincent's New N.Y.
Hospital, York,
1964 - 1965 Surgical Intern

1965 - 1966 General Surgical Residency

1968 - 1971 New York Bellevue Medical New N.Y.
University Center, York,

Orthopedic Surgery Residency

Certification and Licensure:
American Board of Orthopedic Surgery, Diplomat 1973

American Academy of Orthopaedic Surgeons, Fellow 1975

New York State License Number 097304-1, August 29, 1965

National Board of Medical Examiners, July 1965

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FILED: QUEENS COUNTY CLERK 01/10/2022 10:52 AM INDEX NO. 701269/2021
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 01/10/2022

Administrative Positions:

Westchester Academy of Medicine

Chairman of Orthopedics 1975 - 1976

Westchester County Medical Society
Chairman Malpractice Committee 1976 - 1981

President 1987 - 1988

Co-Chairman Medical Legal Committee 1982 - 2005

New York State Medical member 1982 - present
Society

New York Orthopaedic member 1989 - present
Society

Hospital Appointments:
St. Agnes Hospital, White Plains, New York

Orthopedic Surgeon 1971 - 2003
Attending
Board of Directors 1982 - 2003

Director of Orthopedic Services 1984 - 2003

Medical Staff President 1990 - 1994

White Plains Hospital Center, White Plains, New York

Orthopedic Surgeon 1971 - 2007
Attending
Westchester Medical Center, Valhalla, New York

Orthopedic Surgeon 1972 - present
Attending
Department of Orthopedic 1994 - 1995
Chairman, Surgery
Burke Rehabilitation Center, White Plains, New York

Orthopedic Consultant 1980 - present

New York Medical College, Valhalla, New York

Associate Clinical Professor of Orthopedic Surgery
Department of Orthopedic 1994 - 1995
Acting Chairman, Surgery
Program 1994 - 1995
Acting Chairman, Residency
Marist College, Poughkeepsie, New York

Team Physician 2016 - present

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