Preview
INDEX NO. 701269/2021
FILED: QUEENS COUNTY CLERK 04726/2022 03:01 PM
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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
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) QU OUN PK 04 DM INDEX NO. 701269/2021
NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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
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INDEX NO. 701269/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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: W976
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-CS5 discs maintain normal heights and signals. C5-C6 demonstrates disc
desiccation 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-CS5 discs demonstrate no disc bulge or disc herniation. C5-C6
demonstrates a moderate broad-based disc bulge with mild mass 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
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NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
Claimant: Sowka Barcacel
DOB: 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.
EE
Sincerely,
Scott A. Springer, D.O., D.A.B.R.
License #208737
/gic
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INDEX NO. 701269/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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: 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
desiccation with mild loss of disc space height. 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.
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 mass
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.
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NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
Claimant: Sowka Barcacel
DOB: 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,
Cas
Scott A. Springer, D.O., D.A.B.R.
License #208737
/gic
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INDEX NO. 701269/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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: 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:
> Unremarkable thoracic spine MRI.
> No fracture, subluxation, disc bulge 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,
SG
a, =
Scott . Springer, D.O., D.A.B.R.
License #208737
7 of 14
INDEX NO. 701269/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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: 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
8 of 14
INDEX NO. 701269/2021
NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
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: 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 brain 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.
BRAIN - MRI
A brain MRI examination was reviewed. T1 sagittal, axial T1, T2 and FLAIR coronal T2 and axial
diffusion weighted imaging were provided.
The ventricles and sulci are symmetric and normal in size. There is no hydrocephalus, mass effect or
midline shift. The basal cisterns are patent. There are no space occupying parenchymal mass lesions.
There is no acute intracranial hemorrhage or edema.
The ventricles and sulci are symmetric and normal in size. There is no hydrocephalus, mass effect or
midline shift. The basal cisterns are patent. There is no acute intracranial hemorrhage or edema.
Within the right frontal lobe region, there are several focal punctate hyperintense lesions near the great
white matter junction compatible with the patient’s age. There is no interaxial or extraaxial fluid
collection. The skull is intact.
The sellar region, pineal region and craniocervical junction are normal. There are no cerebellopontine
angle lesions or tonsillar herniation. The orbits are normal. The visualized paranasal sinuses and
mastoid air cells are well-aerated.
There is no abnormality on the diffusion weighted images.
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NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022
Claimant: Sowka Barcacel
DOB: 1976
Page 2 of 2
IMPRESSIONS:
> Several focal punctate hyperintense lesions near the great white matter junction.
> 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
\gic
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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: I/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/L!J Medical Center at Plainview
Department of Radiology
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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
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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
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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
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Preview
INDEX NO. 701269/2021 FILED: QUEENS COUNTY CLERK 04726/2022 03:01 PM NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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 1 of 14 ) QU OUN PK 04 DM INDEX NO. 701269/2021 NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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 2 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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: W976 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-CS5 discs maintain normal heights and signals. C5-C6 demonstrates disc desiccation 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-CS5 discs demonstrate no disc bulge or disc herniation. C5-C6 demonstrates a moderate broad-based disc bulge with mild mass 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 3 of 14 ) QU OUN NK 04 DM INDEX NO. 701269/2021 NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 Claimant: Sowka Barcacel DOB: 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. EE Sincerely, Scott A. Springer, D.O., D.A.B.R. License #208737 /gic 4 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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: 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 desiccation with mild loss of disc space height. 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. 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 mass 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. 5 of 14 ) QU OUN NK 04 DM INDEX NO. 701269/2021 NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 Claimant: Sowka Barcacel DOB: 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, Cas Scott A. Springer, D.O., D.A.B.R. License #208737 /gic 6 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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: 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: > Unremarkable thoracic spine MRI. > No fracture, subluxation, disc bulge 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, SG a, = Scott . Springer, D.O., D.A.B.R. License #208737 7 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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: 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 8 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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: 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 brain 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. BRAIN - MRI A brain MRI examination was reviewed. T1 sagittal, axial T1, T2 and FLAIR coronal T2 and axial diffusion weighted imaging were provided. The ventricles and sulci are symmetric and normal in size. There is no hydrocephalus, mass effect or midline shift. The basal cisterns are patent. There are no space occupying parenchymal mass lesions. There is no acute intracranial hemorrhage or edema. The ventricles and sulci are symmetric and normal in size. There is no hydrocephalus, mass effect or midline shift. The basal cisterns are patent. There is no acute intracranial hemorrhage or edema. Within the right frontal lobe region, there are several focal punctate hyperintense lesions near the great white matter junction compatible with the patient’s age. There is no interaxial or extraaxial fluid collection. The skull is intact. The sellar region, pineal region and craniocervical junction are normal. There are no cerebellopontine angle lesions or tonsillar herniation. The orbits are normal. The visualized paranasal sinuses and mastoid air cells are well-aerated. There is no abnormality on the diffusion weighted images. 9 of 14 ) QU OUN NK 04 DM INDEX NO. 701269/2021 NYSCEF BOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 Claimant: Sowka Barcacel DOB: 1976 Page 2 of 2 IMPRESSIONS: > Several focal punctate hyperintense lesions near the great white matter junction. > 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 \gic 10 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF 04/26/2022 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: I/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/L!J Medical Center at Plainview Department of Radiology 11 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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 12 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF: 04/26/2022 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 13 of 14 INDEX NO. 701269/2021 NYSCEF DOC. NO. 24 RECEIVED NYSCEF 04/26/2022 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 14 of 14