Preview
INDEX NO. 701269/2021
FILED: QUEENS COUNTY CLERK 03707/2022 05:13 PM
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
wenn een en enn en en ee nen en ene nenen ne neneneneeneneneenenennenenenennenenennenenen Index No.:701269/2021E
SOWKA BARCACEL,
Plaintiff(s),
-against- NOTICE OF EXPERT
WITNESS PURSUANT
FREITAS MARCOS, TO CPLR 3101(d)
Defendant(s).
weet eee nee neem en nen en en ee nen ene nenenennenenenennenennnnenenennenenennenenen File No.: 1086133
COUNSELOR(S):
PLEASE TAKE NOTICE, of Defendant(s), FREITAS MARCOS, response to Plaintiff(s)
request for expert disclosure pursuant to section 3101(d) of the Civil Practice Law and Rules.
Defendants expect to call DR. SCOTT A. SPRINGER, M.D., as an expert witness at the trial in
the above matter.
The subject matter upon which the examining physician is presently expected to testify is set forth
in detail in report(s) dated FEBRUARY 04, 2022, attached hereto and incorporated by reference
herein.
The facts and opinions upon which the examining physician is expected to testify are based on
his/her physical examination of the plaintiff and/or his/her review of the plaintiff's medical records
and upon all matters in evidence.
The grounds of the physician’s opinion come from his/her physical examination of the plaintiff on
the above date and/or his/her review of the plaintiff's medical records and is set forth in the
attached report.
The Curriculum Vitae for the examining physician is annexed to the report.
Dated: Brooklyn, New York Yours,
February 10, 2022 BAKER, MCEVOY & MOSKOVITS
P.C.
TO: GREENSTEIN & MILBAUER, LLP
1825 PARK AVENUE, 9™ FLOOR
NEW YORK, NY 10035-1641
(212) 685-8500
DBufy [lhe>
RONMT Z MOSKOVITS, Esq.
ATTORNEY FOR DEFENDANT(S)
5 BROADWAY, SUITE 3
FREEPORT, NEW YORK 11520
(212) 857-8230
INDEX NO. 701269/2021
FILED: QUEENS COUNTY CLERK 03707/2022 05:13 PM
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
mentee ene nen neem een en en en een en enn nenennnnemenennenenennenenenneneneneenenene, Index No.:701269/2021E
SOWKA BARCACEL,
Plaintiff(s),
-against-
FREITAS MARCOS,
Defendant(s).
wane en een e nee e neem een en en en een en enn nenen en nenenennenenennenenennenenenennenene, X File No.:1086133
NOTICE OF EXPERT WITNESS PURSUANT TO CPLR 3101(d)
BAKER, McEVOY & MOSKOVITS, P.C.
Attorneys for Defendant(s)
FREITAS MARCOS
Office and Post Office Address, Telephone Number
5 Broadway
Freeport, NY 11520
(212) 857-8230
To: GREENSTEIN & MILBAUER, LLP
Attorney(s) for: SOWKA BARCACEL
Service of a copy of the within
is hereby admitted.
Dated,
Attorney(s) for
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Scott A. Springer, D.O. D.A.B.R.
Radiology
PO Box 697, Commack, NY 11725
February 4, 2022
IME Services, Inc.
960 Route 6, Suite 101
Mahopac, NY 10541
Claimant: Sowka Barcacel
DOB: 3/1/1976
Claim Number: 1086133-2
IME Number: AMTI-2021-6666
Date of Accident: 7/27/2020
To Whom It May Concern:
At your request, a cervical spine MRI examination performed on Sowka Barcacel was reviewed.
The examination was performed at CitiMed Diagnostic on 8/30/2020. This is one month and
three days following the incident of 7/27/2020.
CERVICAL SPINE - MRI
A cervical spine MRI examination was reviewed. Sagittal and axial images were provided.
Multiple pulse sequences were obtained.
There is straightening of the normal cervical lordosis, which is likely positional and related to the
patient’s comfort level during the examination. There is no fracture, subluxation or prevertebral
soft tissue swelling. The vertebral bodies maintain normal height and signal. There are
degenerative changes with anterior osteophytes at C4-C5, C5-C6, and C6-C7. Degenerative
changes are a chronic process and osteophytes are a chronic, bony productive change. These
findings could not have developed in the time interval between the examination and the incident.
C2-C3, C3-C4, and C4-C5 discs maintain normal heights and signals. C5-C6 demonstrates disc
desi ation with moderate loss of disc space height. C6-C7 and C7-T1 discs maintain normal
heights and signals. Disc desiccation is a drying out and loss of disc substance process. This
could not have developed in the one month and three day interval between the examination and
the incident and is indicative of degenerative disc disease. Given the associated degenerative
changes, the disc space height loss is chronic in nature.
C2-C3, C3-C4, and C4-C5 discs demonstrate no disc bulge or disc herniation. C5-C6
demonstrates a moderate broad-based disc bulge with mild m: effect on the anterior thecal sac.
There is an associated left far lateral / neural foraminal herniation. This causes moderate
narrowing of the left neuroforamen. There is mild resultant narrowing of the right
neuroforamen. There is mass effect on the exiting left C5 nerve root and abutment with the
traversing left C6 nerve root. Disc bulging has no traumatic basis. It is degenerative in origin,
related to ligamentous laxity and weakening of the outer ligamentous fibers. The most common
cause for herniations is degenerative disc disease and there is clear evidence of degenerative
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Claimant: Sowka Barcacel
DOB: 3/1/1976
Page 2 of 2
change, particularly the C5-C6 disc bulging at the same level as the herniation, which supports
the chronicity of the herniation seen. C6-C7 and C7-T1 discs demonstrate no disc bulge or disc
herniation.
The visualized posterior fossa is unremarkable. The cervical cord is unremarkable. There is no
syrinx. The visualized paraspinal musculature is unremarkable.
IMPRESSIONS:
Straightening of the normal cervical lordosis.
Degenerative changes with anterior osteophytes, C4-C5, C5-C6, and C6-C7.
Disc desiccation, C5-C6.
Disc space height loss, C5-C6.
Disc bulge, C5-C6.
Neural foraminal herniation, C5-C6.
Neural foraminal narrowing, C5-C6.
No fracture or subluxation.
No posttraumatic changes causally related to the 7/27/2020 incident.
I, Scott A. Springer, D.O., D.A.B.R., being a doctor duly licensed to practice medicine in the
State of New York, pursuant to Civil Practice Law and Rules section 2106, hereby declare under
penalties of perjury, that the information contained within this document was prepared and is the
work product of the undersigned and is true.
Sincerely,
rae
Scott A. Springer, D.O., D.A.B.R.
License #208737
/qic
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Scott A. Springer, D.O. D.A.B.R.
Radiology
PO Box 697, Commack, NY 11725
February 4, 2022
IME Services, Inc.
960 Route 6, Suite 101
Mahopac, NY 10541
Claimant: Sowka Barcacel
DOB: 3/1/1976
Claim Number: 1086133-2
IME Number: AMTI-2021-6666
Date of Accident: 7/27/2020
To Whom It May Concern:
At your request, a lumbar spine MRI examination performed on Sowka Barcacel was reviewed.
The examination was performed at CitiMed Diagnostic on 8/30/2020. This is one month and
three days following the incident of 7/27/2020.
LUMBAR SPINE - MRI
A lumbar spine MRI examination was reviewed. Sagittal and axial images were provided.
Multiple pulse sequences were obtained.
There is straightening of the normal lumbar lordosis, which is likely positional and related to the
patient’s comfort level during the examination. There is no fracture, subluxation or paravertebral
soft tissue swelling. The vertebral bodies maintain normal height and signal. T12-L1, L1-L2,
L2-L3, L3-L4, and L4-L5 discs maintain normal heights and signals. L5-S1 demonstrates disc
desi ation with mild I of disc space height. Disc desiccation is a drying out and loss of disc
substance process. Thi could not have developed in the one month and three day interval
between the examination and the incident and is indicative of degenerative disc disease. Given
the associated degenerative changes, the disc space height loss is chronic in nature.
L1-L2, L2-L3, and L3-L4 discs demonstrate no disc bulge or disc herniation. L4-L5
demonstrates a small subligamentous disc bulge with mild mass effect on the anterior thecal sac.
The neuroforamen are patent. L5-S1 demonstrates a broad-based disc bulge with mild ma:
effect on the anterior thecal sac. There is mild resultant narrowing of the bilateral neuroforamen
without mass effect on the exiting nerve roots. Disc bulging has no traumatic basis. It is
degenerative in origin, related to ligamentous laxity and weakening of the outer ligamentous
fibers.
The conus medullaris terminates at approximately T12-L1. The cauda equina is unremarkable.
There is severe paraspinal musculature atrophy of the lower lumbar spine, which is compatible
with disuse.
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Claimant: Sowka Barcacel
DOB: 3/1/1976
Page 2 of 2
IMPRESSIONS:
Straightening of the normal lumbar lordosis.
Disc desiccation, L5-S1.
Disc space height loss, L5-S1.
Disc bulges, L4-L5 and L5-S1.
Neural foraminal narrowing, L5-S1.
Paraspinal musculature atrophy.
No fracture, subluxation or disc herniation.
No posttraumatic changes causally related to the 7/27/2020 incident.
I, Scott A. Springer, D.O., D.A.B.R., being a doctor duly licensed to practice medicine in the
State of New York, pursuant to Civil Practice Law and Rules section 2106, hereby declare under
penalties of perjury, that the information contained within this document was prepared and is the
work product of the undersigned and is true.
Sincerely,
rae
Scott A. Springer, D.O., D.A.B.R.
License #208737
/qic
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Scott A. Springer, D.O. D.A.B.R.
Radiology
PO Box 697, Commack, NY 11725
February 4, 2022
IME Services, Inc.
960 Route 6, Suite 101
Mahopac, NY 10541
Claimant: Sowka Barcacel
DOB: 3/1/1976
Claim Number: 1086133-2
IME Number: AMTI-2021-6666
Date of Accident: 7/27/2020
To Whom It May Concern:
At your request, a thoracic spine MRI examination performed on Sowka Barcacel was reviewed.
The examination was performed at CitiMed Diagnostic on 8/30/2020. This is one month and
three days following the incident of 7/27/2020.
THORACIC SPINE —- MRI
A thoracic spine MRI examination was reviewed. Sagittal and axial images were provided.
Multiple pulse sequences were obtained.
The thoracic spine maintains normal kyphosis. There is no fracture, subluxation or paravertebral
soft tissue swelling. The vertebral bodies maintain normal height and signal. The intervertebral
discs maintain normal height and signal.
T1-T2, T2-T3, T3-T4, T4-T5, T5-T6, T6-T7, T7-T8, T8-T9, T9-T10, T10-T11, T11-T12 and
T12-L1 discs demonstrate no disc bulge or disc herniation.
The spinal cord and canal are unremarkable. The paraspinal musculature is unremarkable.
IMPRESSIONS:
5> Unremarkable thoracic spine MRI.
5> No fracture, subluxation, disc bulge or disc herniation.
y> No posttraumatic changes causally related to the 7/27/2020 incident.
I, Scott A. Springer, D.O., D.A.B.R., being a doctor duly licensed to practice medicine in the
State of New York, pursuant to Civil Practice Law and Rules ection 2106, hereby declare under
penalties of perjury, that the information contained within this document was prepared and is the
work product of the undersigned and is true.
Sincerely,
ay,
Scott A. Springer, D. ., D.A.B.R.
License #208737
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Scott A. Springer, D.O. D.A.B.R.
Radiology
PO Box 697, Commack, NY 11725
February 4, 2022
IME Services, Inc.
960 Route 6, Suite 101
Mahopac, NY 10541
Claimant: Sowka Barcacel
DOB: 3/1/1976
Claim Number: 1086133-2
IME Number: AMTI-2021-6666
Date of Accident: 7/27/2020
To Whom It May Concern:
At your request, a left wrist MRI examination performed on Sowka Barcacel was reviewed. The
examination was performed at CitiMed Diagnostic on 8/30/2020. This is one month and three
days following the incident of 7/27/2020.
LEFT WRIST —- MRI
A left wrist MRI examination was submitted for review. Sagittal, axial, and coronal images were
provided. Multiple pulse sequences were obtained.
There is no evidence of fracture or dislocation. There is no bone marrow edema. There is
normal carpal bone alignment. The scapholunate and lunotriquetral ligaments are intact. There
is no soft tissue swelling. The surrounding musculature is intact. There is a tear of the triangular
fibrocartilage. If related to recent trauma, this tear would be associated with underlying bone
marrow edema and soft tissue swelling, which are not seen on this study. There is a small
amount of fluid seen within the distal radioulnar joint and interspersing within the tear, which is
a nonspecific temporary finding that will resolve without intervention and without sequelae. The
surrounding tendons are intact.
IMPRESSIONS:
Tear, triangular fibrocartilage.
Fluid, distal radioulnar joint.
No fracture, dislocation or internal derangement of the wrist.
No posttraumatic changes causally related to the 7/27/2020 incident.
I, Scott A. Springer, D.O., D.A.B.R., being a doctor duly licensed to practice medicine in the
State of New York, pursuant to Civil Practice Law and Rules section 2106, hereby declare under
penalties of perjury, that the information contained within this document was prepared and is the
work product of the undersigned and is true.
Sincerely,
Scott A. Springer, D.O., D.A.B.R.
License #208737
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF 03/07/2022
CURRICULUM VITAE
Dr. SCOTT A SPRINGER
Diagnostic Radiologist
2 Whisper Hill
Nissequogue, NY 11780
Cell-516-659-3668
email: springer171969@yahoo.com
PERSONAL
Date of Birth: 12/17/69
Place of Birth: Brooklyn, NY
Marital Status: Married
State Licenses:
NY
NJ
MA
CT
FL
WORK EXPERIENCE
August 1, 2018 to present
Maimonides Medical Center
Department of Radiology
4802 Tenth Ave
Brooklyn, New York
August 1, 2017 to December 31, 2018
Physicians Diagnostic Imaging
CHSLI
April 1 2015 to present
Solo Private Practice
2 Whisper Hill
Nissequogue, NY 11780
Teleradiology
January 1, 2007 to March 31, 2015
St Joseph's Hospital
Department of Radiology
4295 Hempstead Turnpike
Bethpage, NY 11714
May 1, 2006 to January 1, 2007
Solo Private Practice
FT Independent Contractor
3 Ronald Lane
Syosset, NY 11791
January 1, 2004 to May 1, 2006
North Shore/LIJ Medical Center at Plainview
Department of Radiology
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
888 Old Country Road
Plainview, NY 11803
August1, 2003 -12, 31 2003
Medical Director Department of Radiology
Brunswick Hospital Center
Amityville, NY
June1, 2000 to July 31, 2003
Attending in Diagnostic Radiology
Chief of Pediatric Radiology July 2001 to August 2003
Good Samaritan Hospital Medical center
West Islip, NY 11795
Spring 2003
Course Director- Diagnostic Radiology
TOURO College Physician Assistant Program
Bay Shore, NY
Summer 2014 to Fall 2015
Course Director-Diagnostic Radiology
TOUROCOM
Harlem, NY
EDUCATION
July 1 2000-June 30 2001
Fellow in Pediatric Radiology
Long Island Jewish Medical Center
Schneider Children’s Hospital
New Hyde Park, New York
June 2001
Recipient of Schneider Children’s Hospital
Diagnostic Radiology Fellowship in Research
New Hyde Park, New York
June 5, 2000
Recipient of Senior Radiology Resident Award
Long Island Jewish Medical Center
New Hyde Park, New York
July 1, 1997 to June 30,2000
Resident in Diagnostic Radiology
Long Island Jewish Medical Center
New Hyde Park, New York
Spring 1999
Armed Forces Institute of Pathology Course
Radiology/Pathology Correlation
July 1, 1996 —June 30,1997
Resident in Diagnostic Radiology
Maimonides Medical Center
Brooklyn, New York
July 1, 1995 —June 30,1996
Rotating Internship
Good Samaritan Hospital
West Islip, New York
September 1, 1991 — May 15, 1995
Doctor of Osteopathy, May, 1995
New York College of Osteopathic Medicine
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 03/07/2022
Old Westbury, New York
1988
- 1991
University of Maryland
College Park, Maryland
1987 - 1988
State University of New York
Stony Brook, New York
MEDICAL SCHOOL APPOINTMENTS
2001 to2003- Assistant Clinical Professor of Radiology, New York College of Osteopathic Medicine, Old Westbury, NY
2011 to 2014-Adjunct Clinical Assistant Professor, Touro College of Osteopathic MedicineHarlem, NY
HONORS AND AWARDS
2002- AOCR Corporate Sponsor Recruiter
2001- Diagnostic Radiology Research Fellowship Schneider's
2000- Senior Resident of the Year, Long Island Jewish Medical Center
1991-1995 - Honors in 10 Medical School courses
1990- Golden Key Honor Society, University of Maryland
CERTIFICATION
American Board of Radiology - Passed, May17, 2000
National Board of Osteopathic Medical Examiners
Step 1 - June, 1993 - Passed. Step II - March, 1995 - Passed.
Step Ill - March, 1996- Passed
RESEARCH
July, 1994 - “4-Aminopryidine Toxicology in Accidental Overdose” under
Howard C. Mofenson, MD, Department of Toxicology, Winthrop University Poison Control Center.
1996 - 1997 - “Congenital Pneumonia” under E. George Kassner, MD, Department of Radiology, Maimonides Medical Center.
SCIENTIFIC PUBLICATIONS
ACUTE APPENDICITIS IN CHILDREN: COMPARISON OF CLINICAL DIAGNOSIS WITH ULTRASOUND AND CT IMAGING.
Karakas SP, Guelfguat M, Leonidas JC, Springer S, Singh, S.
Pediatric Radiology (2000) 30:94-98.
DIAGNOSIS AND TREATMENT OF ACUTE APPENDICITIS: A COST ANALYSIS
Guelfguat M, Leonidas JC, Springer S
To Be Published Pediatric Radiology
MANAGEMENT OF THE ACUTE SCROTUM: A DECISION ANALYSIS
Springer S, Leonidas JC
Presented RSNA November 2001
To Be Published Pediatric Radiology
VENTRICULAR VOLUMES AND VENTRICLETO BRAIN RATIOS IN THE FETUS: MRI FINDINGS
Lou X, Leonidas JC, Springer S
Presented RSNA November 2001
To Be Published Pediatric Radiology
LANGERHANS CELL HISTIOCYTOSIS
Leonidas JC, Springer S
A Manuscript Being Prepared For Lancet Publication
INDEX NO. 701269/2021
NYSCEF DOC. NO. 21 RECEIVED NYSCEF 03/07/2022
SCIENTIFIC PRESENTATIONS
“Osteoporosis,” Grand Rounds, Long Island Jewish Medical Center, November, 1997.
“Imaging of Child Abuse,” Grand Rounds, Long Island Jewish Medical Center, March, 1999.
“Pulmonary Aspergillosis” ClinicatRadiologic Correlation,”
Amblard LL, Ozoude K, Tsou H, Springer S, Khan A, Herman PG.
Radiological Society of North America, 85th Annual Meeting, 1999. Chicago, IL.
“Pediatric MRI: An Overview”, Grand Rounds, Long Island Jewish Medical Center, May 2001
MEMBERSHIPS
2000- Present ARRS
ADDITIONAL INTERESTS AND ORGANIZATIONS:
Autism Speaks- NYC chapter
Co-Chair NYC Walk
July 1 2010 to July 1 2012
Operations Coordinator
2010 NYC Walk
Developmental Disabilities Institute
Foundation Board Member
April 2011 to 2016
AHRC Camp Loyaltown
Foundation Board Member
September 2011 to 2016
Scholarship Committee Chairman
Innovative Resources for Independence
Executive Board Member
3-1-2018 to Present