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  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
  • Sowka Barcacel v. Freitas MarcosTorts - Motor Vehicle document preview
						
                                

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FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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 FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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 FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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: FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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: FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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 FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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 FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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, FILED: QUEENS COUNTY CLERK 03/07/2022 05:13 PM INDEX NO. 701269/2021 NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 03/07/2022 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