Preview
DOCKET NO.: NNH-CV22-6128309-S SUPERIOR COURT
JOSE CARTAGENA RIVERA J.D. OF NEW HAVEN
vs. AT NEW HAVEN
YALE UNIVERSITY, ET AL NOVEMBER 21, 2023
Zz PLAINTIFF'S SUPPLEMENTAL DISCLOSURE OF EXPERTS
The plaintiff, JOSE CARTAGENA RIVERA, by counsel, pursuant to Connecticut Practice
Book §13-4, hereby discloses the following experts for use of trial in this action, supplementing
plaintiff's previous responses to Interrogatories:
1 NAME OF EXPERT:
Gary Dee, M.D.
Midstate Medical Center
435 Lewis Avenue
Meriden, CT 06451
° THE SUBJECT MATTER ON WHICH THE EXPERT IS EXPECTED TO
TESTIFY:
It is expected that Dr. Dee will render an opinion on the quality and ultimate viability and
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acceptability of the review, interpretation, and reading of the x-rays provided by diagnostic radiologists
at the Yale New Haven Hospital Shoreline Emergency Department and the Yale New Haven Hospital
Imaging Center, Gwendeline Demers, PA, Paul A. Cedeno, M.D., Abeldalrazaq Alkukhun, M.D.,
n Mounika Gunduru, M.D. regarding Plaintiff, Jose Cartagena, at the Yale New Haven Hospital
Shoreline Emergency Department and the Yale New Haven Hospital Imaging Center on November
a 5, 2020 and December 9, 2020, respectively.
3 SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH THE EXPERT
IS EXPECTED TO TESTIFY:
Itis expected that Dr. Dee will testify about the plaintiffs right hand and wrist X-rays obtained
on November 5, 2020 and December 9, 2020. The expert is expected to testify concerning his
interpretation of the plaintiff's right P.A, lateral, and oblique X-rays conducted on November 5, 2020
which revealed a fifth carpometacarpal joint dislocation. The expert will further testify that subsequent
imaging obtained on December 9, 2020 confirmed those findings. Dr. Dee will testify that based upon
these X-ray images, diagnostic radiologists at the Yale New Haven Hospital Shoreline Emergency
Department and the Yale New Haven Hospital Imaging Center, Gwendeline Demers, PA, Paul A.
Cedeno, M.D., Abeldalrazaq Alkukhun, M.D., Mounika Gunduru, M.D. deviated from the standard
as of care for radiologists on November 5, 2020 and December 9, 2020 by failing to interpret the x-rays
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correctly and timely recognize plaintiffs carpometacarpal joint dislocation.
4 A SUMMARY FOR THE GROUNDS OF THE OPINIONS EXPRESSED BY
QQ
THE EXPERT:
It is expected that the expert will base his testimony and opinions upon his training, education,
knowledge and experience as a Boatd-Certified Diagnostic Radiologist with respect to his expertise
on diagnostic imaging and his personal observations made during evaluation of the plaintiff's X-rays.
This expett is a practicing diagnostic radiologist who is familiar with the applicable standards of care
in 2020 for patients who sustain right hand/wrist injuries and undergo diagnostic imaging.
a
5. NAME OF EXPERT:
Jaclyn A. Ryan, PA-C
Connecticut Orthopaedic Specialists
y
469 West Main Street
Branford, CT 06053
THE SUBJECT MATTER ON WHICH THE EXPERT IS EXPECTED
TO TESTIFY:
It is expected that Jaclyn Ryan will render an opinion on the quality and ultimate viability and
acceptability of the treatment provided by the emergency room physician assistant, Gwendeline
Demers, to the Plaintiff, Jose Cartagena, at the Yale New Haven Hospital Shoreline Emetgency
Department on November 5, 2020.
7. SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH THE EXPERTS
ARE EXPECTED TO TESTIFY:
The expert is expected to testify that the treatment rendered by the physician assistant
Gwendeline Demers deviated from the applicable standards of care in the treatment of the plaintiff.
The expert will further testify that such deviations proximately caused and/or substantially contributed
to the plaintiff's need for a surgical fusion of the carpometacarpal joint, his development of complex
regional pain syndrome, his need for extensive physical therapy, and a permanent impairment and
ag
disability of his right hand.
It is expected that Jaclyn Ryan will testify that the plaintiff was an 81-year-old male who
Ao presented to Yale New Haven Hospital Shoreline Emergency Department on November 5, 2020 with
oz
tight hand swelling, laceration, and wrist pain. His right hand/wrist pain was exacerbated by
N&
movement. X-rays of the plaintiff's right hand and wrist were subsequently obtained and interpreted
9s
by Gwendeline Demers. The expert will testify that on November 5, 2020, the physician assistant
Gwendeline Demers incorrectly reviewed and interpreted the X-rays of plaintiffs right hand and wrist,
failed to appreciate the dislocation of plaintiffs small finger, and improperly treated the plaintiff's
injury with a Velcro cock-up sling.
8 A SUMMARY FOR THE GROUNDS FOR EACH OPINION:
nan Itis expected that the expert will base her testimony and opinions upon her training, education,
knowledge and experience as a Board-Certified Physician Assistant and her personal observations
made during evaluation of the plaintiff's medical records which have been provided to defense
counsel. This expert is a practicing physician assistant who is familiar with the applicable standards of
care in 2020 for patients who sustain right hand/wrist injuries and who suffer from permanent
impairment and disability of the hand unless appropriate interventions ate commenced in an
appropriate timely fashion.
9 NAME OF EXPERT:
Richard Bernstein, M.D.
Connecticut Orthopaedic Specialists
9 Washington Avenue-First Floor #1A
Hamden, Connecticut 06518
10. THE SUBJECT MATTER ON WHICH THE EXPERT IS EXPECTED
n
TO TESTIFY:
It is expected that Dr. Bernstein will render an opinion on the quality and ultimate viability
AS
qe and acceptability of the treatment provided by emergency physicians Abeldalrazaq Alkukhun, M.D.,
Paul A. Cedeno, M.D., and Mounika Gunduru, M.D., and the physician assistant Gwendeline Demers,
to the Plaintiff, Jose Cartagena, at the Yale New Haven Hospital Shoreline Emergency Department
and Yale New Haven Hospital Imaging Center on November 5, 2020 and December 9, 2020. The
Na
ie
expert is further expected to testify that he ascribed the plaintiff a 10% permanent partial impairment
98 to his upper extremity, causally related to the deviation from the applicable standards of care in the
treatment of the plaintiff.
i. SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH THE EXPERTS
ARE EXPECTED TO TESTIFY:
The expert is expected to testify that the treatment rendered by Dr. Alkukhun, Dr. Cedeno,
QQ
Dr. Gunduru, and the physician assistant Gwendeline Demers deviated from the applicable standards
of care in the treatment of the plaintiff. The expert will further testify that such deviations proximately
caused and/or substantially contributed to the plaintiffs need for a surgical fusion of the
carpometacarpal joint, his development of complex regional pain syndrome, his need for extensive
physical therapy, a permanent impairment and disability of his right hand, 10% permanent partial
impairment to his upper extremity and the costs and expenses of treatments.
It is expected that Dr. Bernstein will testify that the plaintiff was an 81-year-old male who
presented to Yale New Haven Hospital Shoreline Emergency Department on November 5,
2020 with
right hand swelling, laceration, and wrist pain. His right hand/wrist pain was exacerbated by
movement. X-rays of the plaintiff's right hand and wrist were subsequently obtained and interprete
d
by Dr. Alkukhun and Dr. Cedeno. The expert will testify that on November 5, 2020, Dr.
Alkukhun
and Dr. Cedeno incorrectly interpreted the X-rays of plaintiffs right hand and wrist, failed to
appreciate the dislocation of plaintiff's small finger, and improperly treated the plaintiffs injury with
aS a Velcro cock-up sling.
He
oo Tt is further expected that Dr. Bernstein will testify that the plaintiff presented to his primary
care provider, Courtney Howard, PA-C, on December 8, 2020 with right hand and wrist swelling,
aching, throbbing, and discomfort. Dr. Bernstein will testify that his primary care provider, Courtney
Howard, PA-C ordeted repeat imaging to re-evaluate plaintiffs tight hand and wrist for fractures. On
December 9, 2020, the plaintiff presented to Yale New Haven Hospital Shoreline Imaging for X-rays
of his right hand and wrist. The expert will testify that Dr.Gundury, again, incorrectly interpreted the
99 X-rays of plaintiffs right hand and wrist and failed to appreciate the dislocation of plaintiffs small
we
Sb
finger.
In addition, Dr. Bernstein will testify that on December 29, 2020, the plaintiff presented to his
office for an evaluation of his right-hand pain and swelling. Dr. Bernstein will further testify that upon
obtaining PA, lateral, and oblique X-rays of plaintiff's right hand, a dislocation of the small finger at
the carpometacarpal joint with findings demonstrating reflex sympathetic dystrophy were revealed.
Dr. Bernstein will further testify that he ordered treatment for plaintiff's complex regional pain
syndrome, a CT scan, and subsequent surgery that necessitated a resection of the bone at the base of
the metacarpal joint and a fusion.
Further, the expert, Dr. Bernstein, will testify that Dr. Alkukhun Dr. Cedeno, Dr. Gunduru,
and the physician assistant Gwendeline Demers all misread the plaintiffs diagnostic imaging, failed to
appreciate the plaintiff's dislocation of the small finger, and improperly treated the plaintiff's injury
with a Velcro cock-up sling. The expert will further testify that if the appropriate assessment was made
by Dr. Alkukhun Dr. Cedeno, Dr. Gunduru, and/or the physician assistant Gwendeline Demers, the
plaintiff's treatment would have consisted of a closed reduction and cast treatment of said dislocation
rather than a subsequent fusion of the carpometacarpal joint. The expert will further testify that if this
injury is seen, diagnosed, and treated in a timely manner, it would be treated without surgery. The
expert will further testify that within reasonable medical probability, Drs. Alkukhun, Cedeno,
Gunduru and the physician assistant Gwendeline Demers’ delay in diagnosis led to the plaintiff's
development of complex regional pain syndrome that could have been avoided had the injury been
treated in a timely manner. Further, the plaintiff's extensive physical therapy and pain management
intervention would likely not have been necessary had the injury been treated acutely. The expert will
testify that the plaintiffs permanent impairment and disability of the hand, 10% permanent partial
impairment to his upper extremity, likely would not have occurred had the injury been promptly
V9
mo
evaluated and treated by Drs. Alkukhun, Cedeno, Gunduru and/or the physician assistant Gwendeline
Demers. Lastly, the expert will testify as to the costs and expenses associated with the Plaintiffs
treatment.
a
12 ASUMMARY FOR THE GROUNDS FOR EACH OPINION:
It is expected that the expert will base his testimony and opinions upon his training, education,
knowledge and experience as a Board-Certified Orthopaedic Surgeon with respect to his expertise on
hand surgery and his personal observations made during treatment and evaluation of the plaintiff as
more fully set forth in the medical records which have been provided to defense counsel. This expert
is a practicing physician who is familiar with the applicable standards of care in 2020 for patients who
sustain right hand/wrist injuries and who suffer from permanent impairment and disability of the
hand unless appropriate interventions are commenced in an appropriate timely fashion.
PLAINTIFF,
JOSE CAR’ NA RIVERA
BY: Ud |
Aly. RomeVEsq.
Christopher A. Sica, Esq.
Rome Clifford Katz & Koerner, LLP
214 Main Street
Hartford, CT 06106
Telephone No.: 860-527-7044
Juris No.: 304302
Nu
CERTIFICATION
This is to certify that a copy of the foregoing was mailed or electronically delivered on
a November 22 , 2023, to all counsel and pro se parties of record, to wit. Written consent for electronic
delivery was received from all counsel and pro se parties of record who were electronically served:
Erika L. Amarante, Esq.
WIGGIN & DANA LLP
PO Box 1832
Lid
New Haven, CT 06508
Alan J. Rome
Comm. of Superior Court
Preview
DOCKET NO.: NNH-CV22-6128309-S SUPERIOR COURT JOSE CARTAGENA RIVERA J.D. OF NEW HAVEN vs. AT NEW HAVEN YALE UNIVERSITY, ET AL NOVEMBER 21, 2023 Zz PLAINTIFF'S SUPPLEMENTAL DISCLOSURE OF EXPERTS The plaintiff, JOSE CARTAGENA RIVERA, by counsel, pursuant to Connecticut Practice Book §13-4, hereby discloses the following experts for use of trial in this action, supplementing plaintiff's previous responses to Interrogatories: 1 NAME OF EXPERT: Gary Dee, M.D. Midstate Medical Center 435 Lewis Avenue Meriden, CT 06451 ° THE SUBJECT MATTER ON WHICH THE EXPERT IS EXPECTED TO TESTIFY: It is expected that Dr. Dee will render an opinion on the quality and ultimate viability and Oo acceptability of the review, interpretation, and reading of the x-rays provided by diagnostic radiologists at the Yale New Haven Hospital Shoreline Emergency Department and the Yale New Haven Hospital Imaging Center, Gwendeline Demers, PA, Paul A. Cedeno, M.D., Abeldalrazaq Alkukhun, M.D., n Mounika Gunduru, M.D. regarding Plaintiff, Jose Cartagena, at the Yale New Haven Hospital Shoreline Emergency Department and the Yale New Haven Hospital Imaging Center on November a 5, 2020 and December 9, 2020, respectively. 3 SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH THE EXPERT IS EXPECTED TO TESTIFY: Itis expected that Dr. Dee will testify about the plaintiffs right hand and wrist X-rays obtained on November 5, 2020 and December 9, 2020. The expert is expected to testify concerning his interpretation of the plaintiff's right P.A, lateral, and oblique X-rays conducted on November 5, 2020 which revealed a fifth carpometacarpal joint dislocation. The expert will further testify that subsequent imaging obtained on December 9, 2020 confirmed those findings. Dr. Dee will testify that based upon these X-ray images, diagnostic radiologists at the Yale New Haven Hospital Shoreline Emergency Department and the Yale New Haven Hospital Imaging Center, Gwendeline Demers, PA, Paul A. Cedeno, M.D., Abeldalrazaq Alkukhun, M.D., Mounika Gunduru, M.D. deviated from the standard as of care for radiologists on November 5, 2020 and December 9, 2020 by failing to interpret the x-rays qe correctly and timely recognize plaintiffs carpometacarpal joint dislocation. 4 A SUMMARY FOR THE GROUNDS OF THE OPINIONS EXPRESSED BY QQ THE EXPERT: It is expected that the expert will base his testimony and opinions upon his training, education, knowledge and experience as a Boatd-Certified Diagnostic Radiologist with respect to his expertise on diagnostic imaging and his personal observations made during evaluation of the plaintiff's X-rays. This expett is a practicing diagnostic radiologist who is familiar with the applicable standards of care in 2020 for patients who sustain right hand/wrist injuries and undergo diagnostic imaging. a 5. NAME OF EXPERT: Jaclyn A. Ryan, PA-C Connecticut Orthopaedic Specialists y 469 West Main Street Branford, CT 06053 THE SUBJECT MATTER ON WHICH THE EXPERT IS EXPECTED TO TESTIFY: It is expected that Jaclyn Ryan will render an opinion on the quality and ultimate viability and acceptability of the treatment provided by the emergency room physician assistant, Gwendeline Demers, to the Plaintiff, Jose Cartagena, at the Yale New Haven Hospital Shoreline Emetgency Department on November 5, 2020. 7. SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH THE EXPERTS ARE EXPECTED TO TESTIFY: The expert is expected to testify that the treatment rendered by the physician assistant Gwendeline Demers deviated from the applicable standards of care in the treatment of the plaintiff. The expert will further testify that such deviations proximately caused and/or substantially contributed to the plaintiff's need for a surgical fusion of the carpometacarpal joint, his development of complex regional pain syndrome, his need for extensive physical therapy, and a permanent impairment and ag disability of his right hand. It is expected that Jaclyn Ryan will testify that the plaintiff was an 81-year-old male who Ao presented to Yale New Haven Hospital Shoreline Emergency Department on November 5, 2020 with oz tight hand swelling, laceration, and wrist pain. His right hand/wrist pain was exacerbated by N& movement. X-rays of the plaintiff's right hand and wrist were subsequently obtained and interpreted 9s by Gwendeline Demers. The expert will testify that on November 5, 2020, the physician assistant Gwendeline Demers incorrectly reviewed and interpreted the X-rays of plaintiffs right hand and wrist, failed to appreciate the dislocation of plaintiffs small finger, and improperly treated the plaintiff's injury with a Velcro cock-up sling. 8 A SUMMARY FOR THE GROUNDS FOR EACH OPINION: nan Itis expected that the expert will base her testimony and opinions upon her training, education, knowledge and experience as a Board-Certified Physician Assistant and her personal observations made during evaluation of the plaintiff's medical records which have been provided to defense counsel. This expert is a practicing physician assistant who is familiar with the applicable standards of care in 2020 for patients who sustain right hand/wrist injuries and who suffer from permanent impairment and disability of the hand unless appropriate interventions ate commenced in an appropriate timely fashion. 9 NAME OF EXPERT: Richard Bernstein, M.D. Connecticut Orthopaedic Specialists 9 Washington Avenue-First Floor #1A Hamden, Connecticut 06518 10. THE SUBJECT MATTER ON WHICH THE EXPERT IS EXPECTED n TO TESTIFY: It is expected that Dr. Bernstein will render an opinion on the quality and ultimate viability AS qe and acceptability of the treatment provided by emergency physicians Abeldalrazaq Alkukhun, M.D., Paul A. Cedeno, M.D., and Mounika Gunduru, M.D., and the physician assistant Gwendeline Demers, to the Plaintiff, Jose Cartagena, at the Yale New Haven Hospital Shoreline Emergency Department and Yale New Haven Hospital Imaging Center on November 5, 2020 and December 9, 2020. The Na ie expert is further expected to testify that he ascribed the plaintiff a 10% permanent partial impairment 98 to his upper extremity, causally related to the deviation from the applicable standards of care in the treatment of the plaintiff. i. SUBSTANCE OF THE FACTS AND OPINIONS TO WHICH THE EXPERTS ARE EXPECTED TO TESTIFY: The expert is expected to testify that the treatment rendered by Dr. Alkukhun, Dr. Cedeno, QQ Dr. Gunduru, and the physician assistant Gwendeline Demers deviated from the applicable standards of care in the treatment of the plaintiff. The expert will further testify that such deviations proximately caused and/or substantially contributed to the plaintiffs need for a surgical fusion of the carpometacarpal joint, his development of complex regional pain syndrome, his need for extensive physical therapy, a permanent impairment and disability of his right hand, 10% permanent partial impairment to his upper extremity and the costs and expenses of treatments. It is expected that Dr. Bernstein will testify that the plaintiff was an 81-year-old male who presented to Yale New Haven Hospital Shoreline Emergency Department on November 5, 2020 with right hand swelling, laceration, and wrist pain. His right hand/wrist pain was exacerbated by movement. X-rays of the plaintiff's right hand and wrist were subsequently obtained and interprete d by Dr. Alkukhun and Dr. Cedeno. The expert will testify that on November 5, 2020, Dr. Alkukhun and Dr. Cedeno incorrectly interpreted the X-rays of plaintiffs right hand and wrist, failed to appreciate the dislocation of plaintiff's small finger, and improperly treated the plaintiffs injury with aS a Velcro cock-up sling. He oo Tt is further expected that Dr. Bernstein will testify that the plaintiff presented to his primary care provider, Courtney Howard, PA-C, on December 8, 2020 with right hand and wrist swelling, aching, throbbing, and discomfort. Dr. Bernstein will testify that his primary care provider, Courtney Howard, PA-C ordeted repeat imaging to re-evaluate plaintiffs tight hand and wrist for fractures. On December 9, 2020, the plaintiff presented to Yale New Haven Hospital Shoreline Imaging for X-rays of his right hand and wrist. The expert will testify that Dr.Gundury, again, incorrectly interpreted the 99 X-rays of plaintiffs right hand and wrist and failed to appreciate the dislocation of plaintiffs small we Sb finger. In addition, Dr. Bernstein will testify that on December 29, 2020, the plaintiff presented to his office for an evaluation of his right-hand pain and swelling. Dr. Bernstein will further testify that upon obtaining PA, lateral, and oblique X-rays of plaintiff's right hand, a dislocation of the small finger at the carpometacarpal joint with findings demonstrating reflex sympathetic dystrophy were revealed. Dr. Bernstein will further testify that he ordered treatment for plaintiff's complex regional pain syndrome, a CT scan, and subsequent surgery that necessitated a resection of the bone at the base of the metacarpal joint and a fusion. Further, the expert, Dr. Bernstein, will testify that Dr. Alkukhun Dr. Cedeno, Dr. Gunduru, and the physician assistant Gwendeline Demers all misread the plaintiffs diagnostic imaging, failed to appreciate the plaintiff's dislocation of the small finger, and improperly treated the plaintiff's injury with a Velcro cock-up sling. The expert will further testify that if the appropriate assessment was made by Dr. Alkukhun Dr. Cedeno, Dr. Gunduru, and/or the physician assistant Gwendeline Demers, the plaintiff's treatment would have consisted of a closed reduction and cast treatment of said dislocation rather than a subsequent fusion of the carpometacarpal joint. The expert will further testify that if this injury is seen, diagnosed, and treated in a timely manner, it would be treated without surgery. The expert will further testify that within reasonable medical probability, Drs. Alkukhun, Cedeno, Gunduru and the physician assistant Gwendeline Demers’ delay in diagnosis led to the plaintiff's development of complex regional pain syndrome that could have been avoided had the injury been treated in a timely manner. Further, the plaintiff's extensive physical therapy and pain management intervention would likely not have been necessary had the injury been treated acutely. The expert will testify that the plaintiffs permanent impairment and disability of the hand, 10% permanent partial impairment to his upper extremity, likely would not have occurred had the injury been promptly V9 mo evaluated and treated by Drs. Alkukhun, Cedeno, Gunduru and/or the physician assistant Gwendeline Demers. Lastly, the expert will testify as to the costs and expenses associated with the Plaintiffs treatment. a 12 ASUMMARY FOR THE GROUNDS FOR EACH OPINION: It is expected that the expert will base his testimony and opinions upon his training, education, knowledge and experience as a Board-Certified Orthopaedic Surgeon with respect to his expertise on hand surgery and his personal observations made during treatment and evaluation of the plaintiff as more fully set forth in the medical records which have been provided to defense counsel. This expert is a practicing physician who is familiar with the applicable standards of care in 2020 for patients who sustain right hand/wrist injuries and who suffer from permanent impairment and disability of the hand unless appropriate interventions are commenced in an appropriate timely fashion. PLAINTIFF, JOSE CAR’ NA RIVERA BY: Ud | Aly. RomeVEsq. Christopher A. Sica, Esq. Rome Clifford Katz & Koerner, LLP 214 Main Street Hartford, CT 06106 Telephone No.: 860-527-7044 Juris No.: 304302 Nu CERTIFICATION This is to certify that a copy of the foregoing was mailed or electronically delivered on a November 22 , 2023, to all counsel and pro se parties of record, to wit. Written consent for electronic delivery was received from all counsel and pro se parties of record who were electronically served: Erika L. Amarante, Esq. WIGGIN & DANA LLP PO Box 1832 Lid New Haven, CT 06508 Alan J. Rome Comm. of Superior Court