Preview
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
EXHIBIT
EXHIBIT “B”
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
---------------------------------------------------------------------X
ASHLEY BRACCO, Index No.: 600234/23
Plaintiff,
CPLR 3101(D) EXPERT
-against- WITNESS EXCHANGE
SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES,
Defendants.
---------------------------------------------------------------------X
COUNSELORS:
PLEASE TAKE NOTICE, that the following is the response of defendants,
SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES, to the Demand for Experts,
pursuant to CPLR Section 3101(d), subject to the proof of the plaintiff:
1. (a) The name and address of defendants’ expert witness is:
Robert Duarte, M.D.
611 Northern Blvd, Suite 150
Great Neck, NY 11021
(b) Dr. Duarte is a physician duly licensed to practice medicine in
the State of New York specializing in Neurology.
(c) Dr. Duarte will testify on either direct examination, or rebuttal, if
necessary, as to his examination of the plaintiff, ASHLEY BRACCO, and the findings
thereof together with his review of the plaintiff's medical and legal records along with any
testimony, documents, films and/or photos that may be introduced into evidence at trial.
He may also testify to hypothetical questions posed at trial. The substance of the facts and
opinions about which this expert will testify are set forth in his comprehensive medical
report, dated August 4, 2023, which is attached hereto and incorporated herein by
reference.
(d) A curriculum vitae of Dr. Duarte is hereto attached.
Defendants, SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES, reserve the
right, through the testimony of the notice expert witness, to rebut and respond to the
testimony and opinions of medical experts called to testify by the plaintiff, and to
comment upon evidence first disclosed at the trial of this action.
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
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The defendants, SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES, herein
reserve the right to amend and supplement the responses contained herein up to and
including the time of trial, as and when any new and or further information becomes
known.
Dated: Bethpage, New York
December 22, 2023
Yours, etc.
SCAHILL LAW GROUP P.C.
___________________________
DAWN A. MUNRO, ESQ
Attorneys for Defendants
SKYWAY TRUCK PARTS INC.
and MARCUS O. NIEVES
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
Claim No. 20113863
TO: SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
wo33 Northwell
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August 4, 2023
Scahill Law Group, P.C.
1065 Stewart Avenue
Suite 210
Bethpage, NY. 11714
Claimant: Ashley Bracco
Claim #: PREF20113863
File #: PREF20113863
Insured: Skyway Truck Parts, Inc
DOI: 8/14/2020
DOE: 7/27/2023
SCS#: PSPC-2023-227
Case Type: TORT
To whom it may concern,
Ms. Ashley Bracco was seen today, unaccompanied, for an independent neurological evaluation at
my office today at 611 Northern Blvd, Suite 150, Great Neck, NY.
BACKGROUND HISTORY:
This is a case of a 30-year-old right-handed female who reports being in his usual state of health
until August 14, 2020 when she reportedly was hit from behind while stopped on the Long Island
Expressway hitting the car in front of her as a restrained driver. The claimant recalls hitting her
chin on the steering wheel. The claimant denied airbags being deployed. The claimant denied loss
of consciousness. The claimant reports getting out of car without assistance. The claimant went to a
local City MD and was sent home the same day being sent home on muscle relaxers and Motrin
prn. A few days later, the claimant began chiropractic treatment. According to the claimant, she
complained of neck radiating into both upper extremities not respecting a dermatomal pattern,
bilateral shoulder pain, mid back and low back pain radiating into both lower extremities not
respecting a dermatomal pattern. The claimant reportedly had received significant benefit following
arthroscopic surgery of the right shoulder.
CURRENT COMPLAINTS/FUNCTIONAL STATUS:
The claimant working full time in a managerial role. Claimant able to drive and perform activities
of daily living. The claimant continues to complain of bilateral, right greater than left shoulder,
pain, non-radicular neck and non-radicular low back pain. Claimant employs conservative therapy
including physical therapy and over the counter agents. No other complaints offered.
611 Northern Blvd., Suite 150, Great Neck, NY 11021 ¢ Tel (516} 325-7070 « Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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PAST MEDICAL HISTORY:
No prior report of any accidents, injuries, or prior pain conditions.
GENERAL EXAMINATION:
BP: 124/77 ; HR 75; HGT: 5°3”; WGT: 210 pounds.
Constitutional: Pleasant. No signs of distress or toxicity sitting in examining chair for
approximately 45 minutes. No external evidence for head, neck, or bodily trauma.
Eyes: No redness or swelling
HEENT: Intact.
Neck: No masses noted.
Pulmonary: No respiratory distress.
Vascular: No temperature, color changes; no edema
Skin: right shoulder well healed surgical scar.
NEUROLOGICAL EXAMINATION:
Mental Status: Alert and well oriented, Understands simple and complex commands. Speech fluent.
No dysarthria or aphasia. Fund of knowledge intact. Recent and remote memory intact.
Psychiatric: Mood stable.
CN: Pupils round reactive to light. Extra ocular movements intact upon primary and lateral gaze.
No papilledema observed; No visual field cuts: No Horner’s sign. Trigeminal nerve 1-3 branches
intact. No facial asymmetry; Hearing grossly intact. Intact strength involving the
sternocleidomastoid and trapezius bilaterally. Tongue midline with full movements; No evidence of
tongue bite or fasciculations.
Motor: No vocal or motor involuntary movements noted. Adequate bulk, tone, strength. 5/5
strength throughout.
DTR: Present and symmetrical; plantars downgoing bilaterally; negative for clonus bilaterally.
Sensory: Intact to primary and secondary modalities; No sensory level noted.
Cerebellar: Intact.
Gait: Normal base and station. Symmetrical arm swing. Non antalgic gait
MUSCULOSKELETAL EXAMINATION:
Cervical spine reveals no midline tenderness. Negative Spurling’s bilaterally. Mild cervical
paraspinal tenderness to palpation bilaterally. Negative facet tenderness,
611 Northern Blvd., Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 + Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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No acromioclavicular joint tenderness, deformity, swelling or crepitus bilaterally. »
No Tinel or Phalen sign noted at the ulnar groove or at wrist bilaterally.
No thoracic spine or paraspinal tenderness to palpation. No mass noted.
Lumbar spine reveals minimal bilateral paraspinal tenderness without spasm; negative facet
loading, No tenderness of sciatic notch, No tenderness of bilateral greater trochanters, Negative
Straight Leg Raise Test bilaterally 15 to 60 degrees.
RANGE OF MOTION:
[ undertook range of motion testing with a handheld goniometer.
CERVICAL SPINE
FORWARD FLEXION 40 degrees (normal is 50 degrees).
EXTENSION- 50 degrees (normal 60 degrees)
LATERAL ROTATION Right/Left 70 degrees (normal is 80 degrees)
SHOULDER
ABDUCTION Right 180 degrees /Left 180 degrees (normal is 180 degrees) with
passive range of motion
ADDUCTION Right/Left 50 degrees (normal is 50 degrees).
EXTENSION Right/Left 60 degrees (normal is 60 degrees)
FLEXION Right/Left 170 degrees (normal is 170 degrees)
LUMBAR
FORWARD FLEXION 60 degrees (normal is 60 degrees).
LATERAL FLEXION 25 degrees bilaterally (normal is 25 degrees).
EXTENSION 25 degrees (normal is 25 degrees).
611 Northern Blvd., Suite 150, Great Neck, NY 11021 ¢ Tel (516) 325-7070 « Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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REVIEW OF RECORDS:
All available records were reviewed.
Pre - Injury Records:
-9/25/2008 ~ MRI report of left knee.
~3/24/2011 — Arthrogram of left knee
~ 11/7/2015 — Ultrasound report of thyroid
Post- Injury Records:
1, Bill of Particulars. Index number: 600234/2023: Upper extremity injuries; cervical spine
injury:
thoracic spine injury; lumbar sacral spine injury; head injuries; activities of daily
living deficit.
Individual verification. Certification.
2, 8/14/2020 City MD - claimant evaluated for complaints of headache, neck pain, back
pain after
reporting her chin hit the dashboard. Denies loss of consciousness... Diagnosis included
contusion,
neck pain, hip pain, head trauma and muscle spasm. No numbness, weakness. Neuro
exam negative
for objective findings.
3. 8/14/2020 x-ray of the nasal bone revealed no fracture or other acute findings.
4. 8/14/2020 x-ray of the cervical spine report reveals neck pain, back spasm but no
acute skeletal
injuries.
5. 8/15/2020 MRI report of the brain reveals normal MRI of the brain.
6. 8/17/2020 chiropractic evaluation for complaints of headaches, neck pain, and
low back pain.
The neck radiated to both shoulders and the low back pain radiated down the right
leg. Diagnosis
included headaches, cervical radiculitis, bilateral shoulder pain, lumbar radiculiti
s. Segmental
dysfunction of the cervical and lumbar.
7. 8/17/2020 Dr. David Dynof of Orthopedics and Pain Management. Complaints of head
pain,
neck pain, low back pain, left shoulder pain, and middle back pain. Patient complain
s of diffuse
upper and lower extremity pain. Diagnoses include cervical sprain/strain, cervical myalgia, cervical
trigger point, cervicalgia, left cervical radiculopathy, right cervical radiculopathy, thoracic
sprain,
thoracic myalgia, thoracic trigger point, lumbosacral sprain/strain, lumbar myalgia, lumbar
trigger
points, lumbago, left lumbar radiculopathy, right lumbar radiculopathy, left shoulder pain, left
611 Northern Blvd., Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 + Fax (516)
325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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shoulder strain/sprain, left shoulder impingement, left shoulder tendinosis, right shoulder pain, right
shoulder pain strain/sprain, right sacroiliac pain, right sacroiliac strain/sprain. Recommendation
was physical therapy and cervical trigger point injections. MRI of the shoulders bilaterally was
also recommended.
8. 8/17/2020 Physical therapy referral. 8/20/2020 Physical therapy evaluation. Multiple follow-up
notes.
9. 8/24/2020 Neurology evaluation for chief complaint of headaches, neck pain, mid back pain,
and low back pain. Impressions included postconcussion syndrome without loss of consciousness,
cervical myofascial pain with radiculitis, rule out herniated nucleus pulposus, nerve root injuries,
radiculopathy, thoracic myofascial pain, lumbar myofascial pain with radiculitis, rule out herniated
nucleus pulposus, nerve root issues, radiculopathy versus piriformis syndrome. Claimant was
advised to obtain MRI of the cervical lumbar spine. EEG was also recommended... 8/24/2020 EEG
report was normal.
10. MRI report of the left shoulder reveals tendinosis of the central fibers of the supraspinatus.
MRI of the right shoulder report revealed tendinosis of anterior and central fibers of supraspinatus.
Reactive subacromial/subdeltoid bursitis.
11. 8/26/2020 Orthopedic evaluation for complaints of right shoulder and left elbow pain. The
assessment included muscle/tendon of the rotator cuff of the right shoulder and strain of
muscle/tendon of the left rotator cuff. The claimant underwent shoulder intra-articular Kenalog
injections and was prescribed an MRI of the arthrogram of the right shoulder.
12. 8/31/2020 — Dr. David Dynof performed cervical trigger point injection was performed.
13. 9/4/2020 - Shockwave therapy was performed.
14, 9/9/2020 — David Weissberg, MD — complaints of bilateral shoulder pain received intra-
articular injection of Kenalog in right shoulder. 9/21/2020 Dr. Jarett Burak, performed a
fluoroscopic guided arthrogram of the right shoulder revealed successful intra-articular injection of
dilute gadolinium into the right shoulder. MRI right shoulder with contrast reveals mild
infraspinatus tendinosis without tear. Mild AC joint osteoarthrosis. Mild blunting, fraying and
intrasubstance tearing of the posterior superior labrum without labral detachment.
15. 9/22/2020 an EMG nerve conduction study of bilateral upper extremities; Neck pain with
radiation into the upper extremities, Evidence of a right C5/6 radiculopathy.
16. 9/29/2020 EMG nerve conduction study of bilateral lower extremities; Low back pain with
radiation into the lower extremities. Evidence of a right L5 radiculopathy.
17. 9/30/2020. MRI report of the thoracic spine revealed right paracentral herniation at T9/10 with
thecal sac indentation.
611 Northern Blvd., Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 » Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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18. 9/30/2020. MRI report of the lumbar spine revealed bulging disks at L2/3 without stenosis.
Bulging disc at L3-4/4 with left foraminal herniation, impinging upon left L3 root. Bulging disc at
L4-5 with foraminal impingement upon the exiting L4 nerve roots, Superimposed left foraminal
herniation, displacing left L4 root. Bulging disc at L5/S1 with thecal sac impingement. Increase in
thoracolumbar kyphotic interval on flexion position sequence without change in alignment.
Increase in lower lumbar lordosis on extension position sequence without change in alignment.
19. 9/30/2020. MRI report of the cervical spine revealed bulging disks at level C4/C5 through
C6/C7 each with thecal sac impingement. Right foraminal herniation at C7/T1 with impingement
upon right C8 root. Increase in cervical thoracic kyphotic interval on flexion position sequence
without change in alignment. Increase in upper cervical lordosis on extension position sequence
without change in alignment.
20. 10/5/2020. Dr. David Dynof - performed cervical trigger point injections were performed.
21. 10/12/2020 orthopedic evaluation for chief complaint of cervical lumbar and thoracic pain.
The diagnoses were herniated nucleus pulposus thoracic, cervical discogenic pain syndrome,
lumbar discogenic pain syndrome, sprain of the right rotator cuff capsule. The claimant was
advised to have an MRI of the brain and cervical lumbar and thoracic spine.
22. 10/14/2020. Physical therapy initial evaluation. These physical therapy notes document “no
mental or cognitive complaints”.
23. 10/22 2020. Orthopedic surgery chief complaint of right shoulder pain. Diagnosis was right
shoulder pain, unspecified chronicity. Advised to continue physical therapy.
24, 2/19/2021 Long Island Spine Specialists - Chief complaint of cervical, thoracic pain lumbar
pain. No complaints of upper or lower extremity pain. No numbness or weakness. Motor, sensory,
DTR exam intact. Diagnosis included herniated nucleus pulposus, thoracic radiculitis, cervical facet
syndrome, thoracic facet syndrome, lumbar facet syndrome, myofascial pain syndrome of
the
cervical thoracic and lumbar spine. Client was referred for an epidural steroid injection in the
thoracic region as well as acupuncture and to continue physical therapy. 2/24/2021 fluoroscopic
guided thoracic epidural steroid injection was performed. 9/10/2021- follow up note denies upper
or lower extremity pain, numbness, or weakness.
25. 2/26/2021 Orthopedic evaluation for right shoulder pain. Diagnosis was bilateral shoulder
tendinosis, right labral blunting. An injection of 2 cc of lidocaine and 1 cc of Kenalog were
performed into the left bicep tendon sheath. There are follow-up notes on 4/9/2021 and 5/14/2021.
26. 3/13/2021 multiple handwritten acupuncture notes for complaints of neck pain, back pain and
right shoulder pain.
27, 12/6/2021 physical therapy initial evaluation for complaints of low back pain, right shoulder
pain, and cervical spine pain. On 12/6/2021 a physical therapy discharge note.
611 Northern Blvd., Suite 150, Great Neck, NY 11021 » Tel (516) 325-7070 « Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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28. Orthopedic evaluation for complaints of bilateral shoulder pain. Claimant was advised to
perform physical therapy and to have a right arthroscopic anterior labral repair.
29. 9/13/2022 orthopedic evaluation for chief complaint of right shoulder pain. Diagnosis-
adhesive capsulitis of the right shoulder. Claimant was advised to perform shoulder arthroscopy.
30. 9/13/2022 an MRI report of the right shoulder revealed fraying at the chondral labral junction
posterior superiorly. Intact rotator cuff.
31. 10/14/2022 right shoulder manipulation performed under anesthesia with subacromial
decompression resection of the distal clavicle osteophyte and distal clavicle resection.
Arthroscopic synovectomy of all major components, extensive debridement, debridement of
traumatic labral tearing, debridement of chondromalacia and debridement of partial bursal sided
rotator cuff tear, lysis of adhesions using a separate incision, arthroscopic synovectomy of all major
components utilizing a separate incision and lysis of the CA ligament and extensive debridement of
the bicep tendonitis.
OPINION:
Based upon my evaluation and review of all the available medical records, the claimant does not
have any central or peripheral neurological derangement as it relates to the alleged accident on
August 14, 2020. The records consistently demonstrated that the claimant’s primary complaint
involved her shoulder pain. The claimant does not have any complaints consistent with post-
concussion syndrome. The right shoulder pain is of musculoskeletal origin and not neurological in
nature. In the medical records, claimant’s early complaints of extremity pain and numbness were
involving the entire upper and lower extremities not respecting any dermatomal pattern suggestive
of radiculopathy as shown on her electrodiagnostic studies. At the time of this evaluation, the neck
and low back pain were not radicular in nature and therefore, do not correlate to the
electrodiagnostic studies previously performed.
The claimant’s initial complaint of thoracic spine and her current complaints of cervical,
and
lumbar pain are non-radicular and therefore, do not correlate to the MRI report findings. The MRI
report findings of the cervical, thoracic and lumbar spine reveals evidence of pre-existing
degenerative changes.
In my opinion, based on my neurological examination, claimant can perform his usual and
customary activities of daily living without limitations. The claimant is working full time without
restrictions.
In my medical opinion, there is no neurological objective evidence of permanency or residual as it
relates to the accident of record.
All opinions expressed are based upon a reasonable degree of medical certainty.
611 Northern Blvd, Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 « Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
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Physician Partners:
I, Robert A. Duarte, MD being a physician duly licensed to practice in the State of New York,
under penalties of perjury pursuant to CPLR section 2106, do hereby affirm the contents of the
foregoing.
Robért A. Duarte, MD
Director, Pain Neuroscience Program at Northwell Health
Associate Professor Neurology, Hofstra SOM
611 Northern Blvd, Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 » Fax (516) 325-7001
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
DONALD AND BARBARA
ZUCKER SCHOOL of MEDICINE
AT HOFSTRA/NORTHWELL
Curriculum Vitae
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Date Prepared: 08/18/2021
Name: Robert A. Duarte, MD
Office Address: 611 Northern Blvd, Suite 150, Great Neck, NY 11021
Home Address:
Work Phone: 516-325-7000
Work Email: rduarte@northwell.edu
Work Fax:
Place of Birth: Queens, New York
Education
Medical School: Ponce School of Medicine
Ponce, Puerto Rico
1982 - 1986
Internship: Internal Medicine
Nassau County Medical Center
1986 - 1987
Residency: Resident in Neurology
Nassau County Medical Center
1987 - 1989
Chief Resident in Neurology
Nassau County Medical Center
1989 - 1990
Fellowship: Neurology Fellowship
Pain / Headache Management
Long Island Jewish Medical Center
1990 - 1991
Faculty Academic Appointments
Assistant Professor, Neurology
Donald and Barbara Zucker School of Medicine at Hofstra/Northwell
2011- Present
Pain Course Program Director for Zucker Hofstra School of Medicine Neurology Rotation
2017 —Present
Assistant Professor in Neurology
Albert Einstein College of Medicine
199] — 2011
President Elect, New York State Pain Society
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2014
— 2016
President, New York State Pain Society
2016-2018
Immediate Past President New York State Pain Society
2018-2020
Appointments at Hospitals/Affiliated Institutions
Co-Director, Pain and Headache Treatment Center
Long Island Jewish Medical Center
1991 — 2006
Director, Pain Center
Neuroscience Institute at Northwell Health
2010 ~ Present
Liaison Pain Specialist/Neurology
LIJ at Northwell Health System In-Patient Chronic Pain Service
1996 — Present
Director, Inpatient Chronic Pain Service — North Shore — Manhasset - 2019
Medical Director
Transitions of Long Island
Rehabilitations for Acquired Brain Injury
1992 — 2004
Primary Neurologist and Co-Founder of Northwell Health Concussion Center
2015 — Present
Other Professional Positions
Consulting Neurologist for the New York College of Health Professions
1993 — 2018
Board of Trustee Member for the New York College of Health Professions
1999 - 2018
Captain, New York Guard
2018 - Present
Chief Medical Officer, New York Guard
2019 - Present
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Report of Scholarship
Publications
Duarte R., Kanner, R: Drugs of choice in Cancer Pain Management — Desk Reference: Pain
Management. Primary Care and Cancer Vol. 12 Number 10 pp 19-26.
Kanner, R., Duarte, R.: Sustained Release Morphine in the Treatment of Chronic Pain of Non-
Malignant Origin. Presented at the American Pain Society Meetings, New Orleans, LA,
November, 1991.
Thornton, D., Duarte, R., Kanner, R.: Resistance to Psychological Intervention: A Major Cause
of Dropout Among Chronic Pain Patients. Presented at the American Pain Society Meetings,
New Orleans, LA, November, 1991.
Duarte, R.: Winning the War Against Pain. Book review; Journal of Pain and Symptom
Management. Vol. 8 No. | January, 1993
Thornton, D., Duarte, R.: Influence of Prior History of Abuse on the Reporting of Depression
Symptoms in Pain Patients: Poster Presentation: 12" Annual Scientific Meeting, American Pain
Society. November 9-12, 1994, Miami Beach, FL
Duarte, R., Thornton, D.: The Efficacy of Sustained Release Opioids in Chronic Daily
Headaches: Poster Presentation: 16" Annual Scientific Meeting, American Pain Society.
November 20, 1998, San Diego, CA.
Duarte, R.: Classification of Pain. Chapter in Pain Management Secrets. Hanley & Belfus Inc.
Philadelphia. 1997.
Duarte, R.: Temporal Arteritis. Chapter in Pain Management Secrets. Hanley & Belfus Inc.
Philadelphia. 1997.
Duarte, R.: Trigeminal neuralgia. Chapter in Pain Management Secrets. Hanley & Belfus Inc.
Philadelphia. 1997.
Duarte, R.: Glossopharyngeal and Other neuralgias. Chapter in Pain Management Secrets.
Hanley & Belfus Inc. Philadelphia. 1997.
Essentials of Pain Medicine for the Primary Care Physician — June 1, 2001
Complementary / Alternative Medicine for Primary Care — North Shore — Long Island Jewish
Health System — 2000/2002
Duarte, R.: Classification of Pain. Chapter in Pain Management Secrets. Hanley & Belfus Inc.
Philadelphia. 2002.
Duarte, R.: Headaches Associated with Systemic Disease. Chapter in Pain Management Secrets.
Hanley & Belfus Inc. Philadelphia. 2002 and 2017.
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Duarte, R.: Glossopharyngeal and Other Neuralgias. Chapter in Pain Management Secrets.
Hanley & Belfus Inc. Philadelphia. 2002.
Duarte, R.: Complementary Alternative Medicine. Chapter in Pain Management Secrets. Hanley
& Belfus Inc. Philadelphia. 2002.
Essentials of Pain Medicine for the Primary Care Physician — June 6, 2003
GSK Educational Grant — Nuts and Bolts of Headache for the Primary Care Physician 2004 —
2005
Acquired Brain Injury Symposium NSLIJ — March 19, 2005
Clinical Uses of Botulinum toxin for Neurological Conditions NSLIJ — 2006
Annual Meeting of The American Academy of Neurology — San Diego, California, 2006 —
“Debates” on Headache
Duarte, R.: The Role of the Neurologist in the Assessment and Management of Acquired Brain
Injury. Acquired Brain Injury. Springer 2007.
Acquired Brain Injury Symposium — Role of the Neurologist in Head Injury 2011
Evidence for the Use of Acupuncture in Chronic Pain Conditions. American Academy of
Neurology Hawaii 2011
New York State Pain Society Symposium — Diagnosis, Differential Diagnosis and Red Flags.
2012
Annual Meeting of the American Pain Society — Primer in Pain Management. Baltimore,
Maryland,
Pain Society Symposium — Moderator for Headache Section 2012
Medical Marijuana for Chronic Pain and the Endocannabinoid System at the Pennsylvania Pain
Society 2016
Duarte, R, Rosen, N. Poster Presentation: Pain Update 1917. American Pain Society 2017
Duarte, R et al. Emerging and Novel Therapies in Chronic Pain in Handbook of Musculoskeletal
Pain Management- Educational Grant from Acutis Diagnostics and Premiere Genetics 2017
Opioid Screening and Addiction - NY Mandated Pain Course 2017 — Present
Duarte, R.: Headaches Associated with Systemic Disease. Chapter in Pain Management Secrets.
Hanley & Belfus Inc. Philadelphia. 2017.
Annual Symposium on Hot Topics in Neurology 2017 — Course Director
The Opioid Dilemma and Chronic Pain at Hot Topics in Neurology 2017
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Pain Update 1917 — Poster Presentation. American Pain Society 2017
Headache Update 1917 — Poster Presentation, American Headache Society 2017
Use of Medical Marijuana for Chronic Pain at The Pain Society of the Carolinas 2017 — Keynote
speaker
Duarte, R. et al. Use of Medical Marijuana in Chronic Pain and Headache — Pain and Headache
Currents 2018. In progress
Duarte, R. et al. : The Role of the Neurologist in the Assessment and Management of Individuals
with Acquired Brain Injury- Acquired Brain Injury 2019
Wahezi S., Duarte R., et al. Telemedicine During Covid -19 and Beyond: A Practical Guide and
Best Practices Multidisciplinary Approach for the Orthopedic and Neurological Pain Physical
Examination, Pain Physician 2020
Wahezi, S., Duarte R., Sidharthan S., Sehgal N., et al. Telemedicine for Pain and Headache: In
Practical Neurology- Pain and Headache Disorders: A Continuum 2021
Duarte R., Dahmer S., Sanguinetti S., Forde G., ET AL., Medical Cannabis for Headache Pain:
A Primer for Clinicians. Current Pain and Headache Reports: Approved and in press for Fall
2021
Yang J., Minen M., Rosen N., Ashina S., Duarte R., : Headache Diagnosis and Treatment: A
Knowledge and Needs Assessment Among Pain Medicine Practitioners — Abstract -presented at
the American Academy of Neurology — 2021
Frane N., Stapleton E., Iturriaga C., Ganz M., Vijayan R., Rasquinha V., Duarte R., An
Exploratory Cross-Sectional Analysis of Cannabinoid Use for Arthritic Joint Pain-Abstract
presented at the International Cannabinoid Research Society 2021
Telemedicine for the Pain Practitioner - PART 2: The Neurological Examination — presentation
at the AAPM Annual Meeting 2021
Committees
American Council of Graduate Medical Education (ACGME) — Pain Medicine Advisory
Committee
Member — 2007 — 2009
Committee Member — Admissions Committee Zucker Hofstra School of Medicine 201 1- Present
Member of the Admissions Committee Zucker Hofstra School of Medicine 2011 — Present
Founding Board Member — New York State Pain Society 2012
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
Committee Member — Special Interest Group Section at AHS - Interventional Procedures for
Head and Neck Pain 2015- Present
Committee Member — Inaugural Integrative Pain Care Policy Congress 2017
Committee Member — Opioid Steering Committee for the Northwell Health System 2017-
Present
Committee Member — Cannabis Steering Committee for the Northwell Health System 2018-
Present
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023
NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
AFFIDAVIT OF SERVICE
STATE OF NEW YORK )
) ss.:
COUNTY OF NASSAU )
I, Lilibeth Campos, being duly sworn, depose and say: I am not a party to the action, am
over 18 years of age and reside in Suffolk County, New York. On December 22, 2023, I served the
within: CPLR 3101(D) EXPERT WITNESS EXCHANGE
On: SURIS & ASSOCIATES, P.C.
Attorneys for Plaintiff
395 North Service Road, Suite 302
Melville, New York 11747
(631) 423-9700
X by New York State Courts Electronic Filing (NYSCEF) System, only.
_____________________
Lilibeth Campos
Sworn to before me on
December 22, 2023
MARGARITA SHULYAK
NOTARY PUBLIC, State of New York
No. 01SH6300042
Qualified in Queens County
Commission Expires March 31, 2026
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NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
Index No. 600234/23
ASHLEY BRACCO,
Plaintiff,
-against-
SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES,
Defendants.
CPLR 3101(D) EXPERT WITNESS EXCHANGE
SCAHILL LAW GROUP P.C.
Attorneys for Defendants
1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
(516) 294-5200
ATTORNEY CERTIFICATION
Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York
State, certifies that upon information and belief and responsible inquiry, the contentions contained in the
annexed documents are not frivolous.
Dated: December 22, 2023
___________________________________
DAWN A. MUNRO, ESQ.
Please take notice
Notice of entry
that the within is a (certified) true copy of a ______ duly entered in the office of the clerk of the
within named court on ______________
Notice of Settlement
that an order ^ of which the within is a true copy will be presented for _____ settlement to the
HON. ___________ one of the judges of the within named court, at _______________ on
___________
Dated: Bethpage, New York
SCAHILL LAW GROUP P.C.
Attorneys for Defendants
To: All Parties 1065 Stewart Avenue, Suite 210
Bethpage, New York 11714
516-294-5200
Preview
FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 EXHIBIT EXHIBIT “B” FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ---------------------------------------------------------------------X ASHLEY BRACCO, Index No.: 600234/23 Plaintiff, CPLR 3101(D) EXPERT -against- WITNESS EXCHANGE SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, Defendants. ---------------------------------------------------------------------X COUNSELORS: PLEASE TAKE NOTICE, that the following is the response of defendants, SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES, to the Demand for Experts, pursuant to CPLR Section 3101(d), subject to the proof of the plaintiff: 1. (a) The name and address of defendants’ expert witness is: Robert Duarte, M.D. 611 Northern Blvd, Suite 150 Great Neck, NY 11021 (b) Dr. Duarte is a physician duly licensed to practice medicine in the State of New York specializing in Neurology. (c) Dr. Duarte will testify on either direct examination, or rebuttal, if necessary, as to his examination of the plaintiff, ASHLEY BRACCO, and the findings thereof together with his review of the plaintiff's medical and legal records along with any testimony, documents, films and/or photos that may be introduced into evidence at trial. He may also testify to hypothetical questions posed at trial. The substance of the facts and opinions about which this expert will testify are set forth in his comprehensive medical report, dated August 4, 2023, which is attached hereto and incorporated herein by reference. (d) A curriculum vitae of Dr. Duarte is hereto attached. Defendants, SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES, reserve the right, through the testimony of the notice expert witness, to rebut and respond to the testimony and opinions of medical experts called to testify by the plaintiff, and to comment upon evidence first disclosed at the trial of this action. FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 The defendants, SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES, herein reserve the right to amend and supplement the responses contained herein up to and including the time of trial, as and when any new and or further information becomes known. Dated: Bethpage, New York December 22, 2023 Yours, etc. SCAHILL LAW GROUP P.C. ___________________________ DAWN A. MUNRO, ESQ Attorneys for Defendants SKYWAY TRUCK PARTS INC. and MARCUS O. NIEVES 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 Claim No. 20113863 TO: SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 wo33 Northwell Waa Health . Phiysictan Partners: August 4, 2023 Scahill Law Group, P.C. 1065 Stewart Avenue Suite 210 Bethpage, NY. 11714 Claimant: Ashley Bracco Claim #: PREF20113863 File #: PREF20113863 Insured: Skyway Truck Parts, Inc DOI: 8/14/2020 DOE: 7/27/2023 SCS#: PSPC-2023-227 Case Type: TORT To whom it may concern, Ms. Ashley Bracco was seen today, unaccompanied, for an independent neurological evaluation at my office today at 611 Northern Blvd, Suite 150, Great Neck, NY. BACKGROUND HISTORY: This is a case of a 30-year-old right-handed female who reports being in his usual state of health until August 14, 2020 when she reportedly was hit from behind while stopped on the Long Island Expressway hitting the car in front of her as a restrained driver. The claimant recalls hitting her chin on the steering wheel. The claimant denied airbags being deployed. The claimant denied loss of consciousness. The claimant reports getting out of car without assistance. The claimant went to a local City MD and was sent home the same day being sent home on muscle relaxers and Motrin prn. A few days later, the claimant began chiropractic treatment. According to the claimant, she complained of neck radiating into both upper extremities not respecting a dermatomal pattern, bilateral shoulder pain, mid back and low back pain radiating into both lower extremities not respecting a dermatomal pattern. The claimant reportedly had received significant benefit following arthroscopic surgery of the right shoulder. CURRENT COMPLAINTS/FUNCTIONAL STATUS: The claimant working full time in a managerial role. Claimant able to drive and perform activities of daily living. The claimant continues to complain of bilateral, right greater than left shoulder, pain, non-radicular neck and non-radicular low back pain. Claimant employs conservative therapy including physical therapy and over the counter agents. No other complaints offered. 611 Northern Blvd., Suite 150, Great Neck, NY 11021 ¢ Tel (516} 325-7070 « Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 « Northwell * Healthe “Physician Partners’ | PAST MEDICAL HISTORY: No prior report of any accidents, injuries, or prior pain conditions. GENERAL EXAMINATION: BP: 124/77 ; HR 75; HGT: 5°3”; WGT: 210 pounds. Constitutional: Pleasant. No signs of distress or toxicity sitting in examining chair for approximately 45 minutes. No external evidence for head, neck, or bodily trauma. Eyes: No redness or swelling HEENT: Intact. Neck: No masses noted. Pulmonary: No respiratory distress. Vascular: No temperature, color changes; no edema Skin: right shoulder well healed surgical scar. NEUROLOGICAL EXAMINATION: Mental Status: Alert and well oriented, Understands simple and complex commands. Speech fluent. No dysarthria or aphasia. Fund of knowledge intact. Recent and remote memory intact. Psychiatric: Mood stable. CN: Pupils round reactive to light. Extra ocular movements intact upon primary and lateral gaze. No papilledema observed; No visual field cuts: No Horner’s sign. Trigeminal nerve 1-3 branches intact. No facial asymmetry; Hearing grossly intact. Intact strength involving the sternocleidomastoid and trapezius bilaterally. Tongue midline with full movements; No evidence of tongue bite or fasciculations. Motor: No vocal or motor involuntary movements noted. Adequate bulk, tone, strength. 5/5 strength throughout. DTR: Present and symmetrical; plantars downgoing bilaterally; negative for clonus bilaterally. Sensory: Intact to primary and secondary modalities; No sensory level noted. Cerebellar: Intact. Gait: Normal base and station. Symmetrical arm swing. Non antalgic gait MUSCULOSKELETAL EXAMINATION: Cervical spine reveals no midline tenderness. Negative Spurling’s bilaterally. Mild cervical paraspinal tenderness to palpation bilaterally. Negative facet tenderness, 611 Northern Blvd., Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 + Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 ~ Physician Partners. No acromioclavicular joint tenderness, deformity, swelling or crepitus bilaterally. » No Tinel or Phalen sign noted at the ulnar groove or at wrist bilaterally. No thoracic spine or paraspinal tenderness to palpation. No mass noted. Lumbar spine reveals minimal bilateral paraspinal tenderness without spasm; negative facet loading, No tenderness of sciatic notch, No tenderness of bilateral greater trochanters, Negative Straight Leg Raise Test bilaterally 15 to 60 degrees. RANGE OF MOTION: [ undertook range of motion testing with a handheld goniometer. CERVICAL SPINE FORWARD FLEXION 40 degrees (normal is 50 degrees). EXTENSION- 50 degrees (normal 60 degrees) LATERAL ROTATION Right/Left 70 degrees (normal is 80 degrees) SHOULDER ABDUCTION Right 180 degrees /Left 180 degrees (normal is 180 degrees) with passive range of motion ADDUCTION Right/Left 50 degrees (normal is 50 degrees). EXTENSION Right/Left 60 degrees (normal is 60 degrees) FLEXION Right/Left 170 degrees (normal is 170 degrees) LUMBAR FORWARD FLEXION 60 degrees (normal is 60 degrees). LATERAL FLEXION 25 degrees bilaterally (normal is 25 degrees). EXTENSION 25 degrees (normal is 25 degrees). 611 Northern Blvd., Suite 150, Great Neck, NY 11021 ¢ Tel (516) 325-7070 « Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 Been Northwell oT Health" ,aa NER es Physician Partners. REVIEW OF RECORDS: All available records were reviewed. Pre - Injury Records: -9/25/2008 ~ MRI report of left knee. ~3/24/2011 — Arthrogram of left knee ~ 11/7/2015 — Ultrasound report of thyroid Post- Injury Records: 1, Bill of Particulars. Index number: 600234/2023: Upper extremity injuries; cervical spine injury: thoracic spine injury; lumbar sacral spine injury; head injuries; activities of daily living deficit. Individual verification. Certification. 2, 8/14/2020 City MD - claimant evaluated for complaints of headache, neck pain, back pain after reporting her chin hit the dashboard. Denies loss of consciousness... Diagnosis included contusion, neck pain, hip pain, head trauma and muscle spasm. No numbness, weakness. Neuro exam negative for objective findings. 3. 8/14/2020 x-ray of the nasal bone revealed no fracture or other acute findings. 4. 8/14/2020 x-ray of the cervical spine report reveals neck pain, back spasm but no acute skeletal injuries. 5. 8/15/2020 MRI report of the brain reveals normal MRI of the brain. 6. 8/17/2020 chiropractic evaluation for complaints of headaches, neck pain, and low back pain. The neck radiated to both shoulders and the low back pain radiated down the right leg. Diagnosis included headaches, cervical radiculitis, bilateral shoulder pain, lumbar radiculiti s. Segmental dysfunction of the cervical and lumbar. 7. 8/17/2020 Dr. David Dynof of Orthopedics and Pain Management. Complaints of head pain, neck pain, low back pain, left shoulder pain, and middle back pain. Patient complain s of diffuse upper and lower extremity pain. Diagnoses include cervical sprain/strain, cervical myalgia, cervical trigger point, cervicalgia, left cervical radiculopathy, right cervical radiculopathy, thoracic sprain, thoracic myalgia, thoracic trigger point, lumbosacral sprain/strain, lumbar myalgia, lumbar trigger points, lumbago, left lumbar radiculopathy, right lumbar radiculopathy, left shoulder pain, left 611 Northern Blvd., Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 + Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 ozs Northwell “~ | ms «Health™ 4 | : “Physician Partners’ shoulder strain/sprain, left shoulder impingement, left shoulder tendinosis, right shoulder pain, right shoulder pain strain/sprain, right sacroiliac pain, right sacroiliac strain/sprain. Recommendation was physical therapy and cervical trigger point injections. MRI of the shoulders bilaterally was also recommended. 8. 8/17/2020 Physical therapy referral. 8/20/2020 Physical therapy evaluation. Multiple follow-up notes. 9. 8/24/2020 Neurology evaluation for chief complaint of headaches, neck pain, mid back pain, and low back pain. Impressions included postconcussion syndrome without loss of consciousness, cervical myofascial pain with radiculitis, rule out herniated nucleus pulposus, nerve root injuries, radiculopathy, thoracic myofascial pain, lumbar myofascial pain with radiculitis, rule out herniated nucleus pulposus, nerve root issues, radiculopathy versus piriformis syndrome. Claimant was advised to obtain MRI of the cervical lumbar spine. EEG was also recommended... 8/24/2020 EEG report was normal. 10. MRI report of the left shoulder reveals tendinosis of the central fibers of the supraspinatus. MRI of the right shoulder report revealed tendinosis of anterior and central fibers of supraspinatus. Reactive subacromial/subdeltoid bursitis. 11. 8/26/2020 Orthopedic evaluation for complaints of right shoulder and left elbow pain. The assessment included muscle/tendon of the rotator cuff of the right shoulder and strain of muscle/tendon of the left rotator cuff. The claimant underwent shoulder intra-articular Kenalog injections and was prescribed an MRI of the arthrogram of the right shoulder. 12. 8/31/2020 — Dr. David Dynof performed cervical trigger point injection was performed. 13. 9/4/2020 - Shockwave therapy was performed. 14, 9/9/2020 — David Weissberg, MD — complaints of bilateral shoulder pain received intra- articular injection of Kenalog in right shoulder. 9/21/2020 Dr. Jarett Burak, performed a fluoroscopic guided arthrogram of the right shoulder revealed successful intra-articular injection of dilute gadolinium into the right shoulder. MRI right shoulder with contrast reveals mild infraspinatus tendinosis without tear. Mild AC joint osteoarthrosis. Mild blunting, fraying and intrasubstance tearing of the posterior superior labrum without labral detachment. 15. 9/22/2020 an EMG nerve conduction study of bilateral upper extremities; Neck pain with radiation into the upper extremities, Evidence of a right C5/6 radiculopathy. 16. 9/29/2020 EMG nerve conduction study of bilateral lower extremities; Low back pain with radiation into the lower extremities. Evidence of a right L5 radiculopathy. 17. 9/30/2020. MRI report of the thoracic spine revealed right paracentral herniation at T9/10 with thecal sac indentation. 611 Northern Blvd., Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 » Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 al =; Northwell NR VT Health 4 : Physician Partners ” 18. 9/30/2020. MRI report of the lumbar spine revealed bulging disks at L2/3 without stenosis. Bulging disc at L3-4/4 with left foraminal herniation, impinging upon left L3 root. Bulging disc at L4-5 with foraminal impingement upon the exiting L4 nerve roots, Superimposed left foraminal herniation, displacing left L4 root. Bulging disc at L5/S1 with thecal sac impingement. Increase in thoracolumbar kyphotic interval on flexion position sequence without change in alignment. Increase in lower lumbar lordosis on extension position sequence without change in alignment. 19. 9/30/2020. MRI report of the cervical spine revealed bulging disks at level C4/C5 through C6/C7 each with thecal sac impingement. Right foraminal herniation at C7/T1 with impingement upon right C8 root. Increase in cervical thoracic kyphotic interval on flexion position sequence without change in alignment. Increase in upper cervical lordosis on extension position sequence without change in alignment. 20. 10/5/2020. Dr. David Dynof - performed cervical trigger point injections were performed. 21. 10/12/2020 orthopedic evaluation for chief complaint of cervical lumbar and thoracic pain. The diagnoses were herniated nucleus pulposus thoracic, cervical discogenic pain syndrome, lumbar discogenic pain syndrome, sprain of the right rotator cuff capsule. The claimant was advised to have an MRI of the brain and cervical lumbar and thoracic spine. 22. 10/14/2020. Physical therapy initial evaluation. These physical therapy notes document “no mental or cognitive complaints”. 23. 10/22 2020. Orthopedic surgery chief complaint of right shoulder pain. Diagnosis was right shoulder pain, unspecified chronicity. Advised to continue physical therapy. 24, 2/19/2021 Long Island Spine Specialists - Chief complaint of cervical, thoracic pain lumbar pain. No complaints of upper or lower extremity pain. No numbness or weakness. Motor, sensory, DTR exam intact. Diagnosis included herniated nucleus pulposus, thoracic radiculitis, cervical facet syndrome, thoracic facet syndrome, lumbar facet syndrome, myofascial pain syndrome of the cervical thoracic and lumbar spine. Client was referred for an epidural steroid injection in the thoracic region as well as acupuncture and to continue physical therapy. 2/24/2021 fluoroscopic guided thoracic epidural steroid injection was performed. 9/10/2021- follow up note denies upper or lower extremity pain, numbness, or weakness. 25. 2/26/2021 Orthopedic evaluation for right shoulder pain. Diagnosis was bilateral shoulder tendinosis, right labral blunting. An injection of 2 cc of lidocaine and 1 cc of Kenalog were performed into the left bicep tendon sheath. There are follow-up notes on 4/9/2021 and 5/14/2021. 26. 3/13/2021 multiple handwritten acupuncture notes for complaints of neck pain, back pain and right shoulder pain. 27, 12/6/2021 physical therapy initial evaluation for complaints of low back pain, right shoulder pain, and cervical spine pain. On 12/6/2021 a physical therapy discharge note. 611 Northern Blvd., Suite 150, Great Neck, NY 11021 » Tel (516) 325-7070 « Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 2+ *« Northwell “ x x mes Health~ XN a s% Physician Partners. 28. Orthopedic evaluation for complaints of bilateral shoulder pain. Claimant was advised to perform physical therapy and to have a right arthroscopic anterior labral repair. 29. 9/13/2022 orthopedic evaluation for chief complaint of right shoulder pain. Diagnosis- adhesive capsulitis of the right shoulder. Claimant was advised to perform shoulder arthroscopy. 30. 9/13/2022 an MRI report of the right shoulder revealed fraying at the chondral labral junction posterior superiorly. Intact rotator cuff. 31. 10/14/2022 right shoulder manipulation performed under anesthesia with subacromial decompression resection of the distal clavicle osteophyte and distal clavicle resection. Arthroscopic synovectomy of all major components, extensive debridement, debridement of traumatic labral tearing, debridement of chondromalacia and debridement of partial bursal sided rotator cuff tear, lysis of adhesions using a separate incision, arthroscopic synovectomy of all major components utilizing a separate incision and lysis of the CA ligament and extensive debridement of the bicep tendonitis. OPINION: Based upon my evaluation and review of all the available medical records, the claimant does not have any central or peripheral neurological derangement as it relates to the alleged accident on August 14, 2020. The records consistently demonstrated that the claimant’s primary complaint involved her shoulder pain. The claimant does not have any complaints consistent with post- concussion syndrome. The right shoulder pain is of musculoskeletal origin and not neurological in nature. In the medical records, claimant’s early complaints of extremity pain and numbness were involving the entire upper and lower extremities not respecting any dermatomal pattern suggestive of radiculopathy as shown on her electrodiagnostic studies. At the time of this evaluation, the neck and low back pain were not radicular in nature and therefore, do not correlate to the electrodiagnostic studies previously performed. The claimant’s initial complaint of thoracic spine and her current complaints of cervical, and lumbar pain are non-radicular and therefore, do not correlate to the MRI report findings. The MRI report findings of the cervical, thoracic and lumbar spine reveals evidence of pre-existing degenerative changes. In my opinion, based on my neurological examination, claimant can perform his usual and customary activities of daily living without limitations. The claimant is working full time without restrictions. In my medical opinion, there is no neurological objective evidence of permanency or residual as it relates to the accident of record. All opinions expressed are based upon a reasonable degree of medical certainty. 611 Northern Blvd, Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 « Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 + Northwell 3 Health Physician Partners: I, Robert A. Duarte, MD being a physician duly licensed to practice in the State of New York, under penalties of perjury pursuant to CPLR section 2106, do hereby affirm the contents of the foregoing. Robért A. Duarte, MD Director, Pain Neuroscience Program at Northwell Health Associate Professor Neurology, Hofstra SOM 611 Northern Blvd, Suite 150, Great Neck, NY 11021 « Tel (516) 325-7070 » Fax (516) 325-7001 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 DONALD AND BARBARA ZUCKER SCHOOL of MEDICINE AT HOFSTRA/NORTHWELL Curriculum Vitae FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 Date Prepared: 08/18/2021 Name: Robert A. Duarte, MD Office Address: 611 Northern Blvd, Suite 150, Great Neck, NY 11021 Home Address: Work Phone: 516-325-7000 Work Email: rduarte@northwell.edu Work Fax: Place of Birth: Queens, New York Education Medical School: Ponce School of Medicine Ponce, Puerto Rico 1982 - 1986 Internship: Internal Medicine Nassau County Medical Center 1986 - 1987 Residency: Resident in Neurology Nassau County Medical Center 1987 - 1989 Chief Resident in Neurology Nassau County Medical Center 1989 - 1990 Fellowship: Neurology Fellowship Pain / Headache Management Long Island Jewish Medical Center 1990 - 1991 Faculty Academic Appointments Assistant Professor, Neurology Donald and Barbara Zucker School of Medicine at Hofstra/Northwell 2011- Present Pain Course Program Director for Zucker Hofstra School of Medicine Neurology Rotation 2017 —Present Assistant Professor in Neurology Albert Einstein College of Medicine 199] — 2011 President Elect, New York State Pain Society FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 2014 — 2016 President, New York State Pain Society 2016-2018 Immediate Past President New York State Pain Society 2018-2020 Appointments at Hospitals/Affiliated Institutions Co-Director, Pain and Headache Treatment Center Long Island Jewish Medical Center 1991 — 2006 Director, Pain Center Neuroscience Institute at Northwell Health 2010 ~ Present Liaison Pain Specialist/Neurology LIJ at Northwell Health System In-Patient Chronic Pain Service 1996 — Present Director, Inpatient Chronic Pain Service — North Shore — Manhasset - 2019 Medical Director Transitions of Long Island Rehabilitations for Acquired Brain Injury 1992 — 2004 Primary Neurologist and Co-Founder of Northwell Health Concussion Center 2015 — Present Other Professional Positions Consulting Neurologist for the New York College of Health Professions 1993 — 2018 Board of Trustee Member for the New York College of Health Professions 1999 - 2018 Captain, New York Guard 2018 - Present Chief Medical Officer, New York Guard 2019 - Present FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 Report of Scholarship Publications Duarte R., Kanner, R: Drugs of choice in Cancer Pain Management — Desk Reference: Pain Management. Primary Care and Cancer Vol. 12 Number 10 pp 19-26. Kanner, R., Duarte, R.: Sustained Release Morphine in the Treatment of Chronic Pain of Non- Malignant Origin. Presented at the American Pain Society Meetings, New Orleans, LA, November, 1991. Thornton, D., Duarte, R., Kanner, R.: Resistance to Psychological Intervention: A Major Cause of Dropout Among Chronic Pain Patients. Presented at the American Pain Society Meetings, New Orleans, LA, November, 1991. Duarte, R.: Winning the War Against Pain. Book review; Journal of Pain and Symptom Management. Vol. 8 No. | January, 1993 Thornton, D., Duarte, R.: Influence of Prior History of Abuse on the Reporting of Depression Symptoms in Pain Patients: Poster Presentation: 12" Annual Scientific Meeting, American Pain Society. November 9-12, 1994, Miami Beach, FL Duarte, R., Thornton, D.: The Efficacy of Sustained Release Opioids in Chronic Daily Headaches: Poster Presentation: 16" Annual Scientific Meeting, American Pain Society. November 20, 1998, San Diego, CA. Duarte, R.: Classification of Pain. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 1997. Duarte, R.: Temporal Arteritis. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 1997. Duarte, R.: Trigeminal neuralgia. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 1997. Duarte, R.: Glossopharyngeal and Other neuralgias. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 1997. Essentials of Pain Medicine for the Primary Care Physician — June 1, 2001 Complementary / Alternative Medicine for Primary Care — North Shore — Long Island Jewish Health System — 2000/2002 Duarte, R.: Classification of Pain. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 2002. Duarte, R.: Headaches Associated with Systemic Disease. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 2002 and 2017. FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 Duarte, R.: Glossopharyngeal and Other Neuralgias. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 2002. Duarte, R.: Complementary Alternative Medicine. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 2002. Essentials of Pain Medicine for the Primary Care Physician — June 6, 2003 GSK Educational Grant — Nuts and Bolts of Headache for the Primary Care Physician 2004 — 2005 Acquired Brain Injury Symposium NSLIJ — March 19, 2005 Clinical Uses of Botulinum toxin for Neurological Conditions NSLIJ — 2006 Annual Meeting of The American Academy of Neurology — San Diego, California, 2006 — “Debates” on Headache Duarte, R.: The Role of the Neurologist in the Assessment and Management of Acquired Brain Injury. Acquired Brain Injury. Springer 2007. Acquired Brain Injury Symposium — Role of the Neurologist in Head Injury 2011 Evidence for the Use of Acupuncture in Chronic Pain Conditions. American Academy of Neurology Hawaii 2011 New York State Pain Society Symposium — Diagnosis, Differential Diagnosis and Red Flags. 2012 Annual Meeting of the American Pain Society — Primer in Pain Management. Baltimore, Maryland, Pain Society Symposium — Moderator for Headache Section 2012 Medical Marijuana for Chronic Pain and the Endocannabinoid System at the Pennsylvania Pain Society 2016 Duarte, R, Rosen, N. Poster Presentation: Pain Update 1917. American Pain Society 2017 Duarte, R et al. Emerging and Novel Therapies in Chronic Pain in Handbook of Musculoskeletal Pain Management- Educational Grant from Acutis Diagnostics and Premiere Genetics 2017 Opioid Screening and Addiction - NY Mandated Pain Course 2017 — Present Duarte, R.: Headaches Associated with Systemic Disease. Chapter in Pain Management Secrets. Hanley & Belfus Inc. Philadelphia. 2017. Annual Symposium on Hot Topics in Neurology 2017 — Course Director The Opioid Dilemma and Chronic Pain at Hot Topics in Neurology 2017 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 Pain Update 1917 — Poster Presentation. American Pain Society 2017 Headache Update 1917 — Poster Presentation, American Headache Society 2017 Use of Medical Marijuana for Chronic Pain at The Pain Society of the Carolinas 2017 — Keynote speaker Duarte, R. et al. Use of Medical Marijuana in Chronic Pain and Headache — Pain and Headache Currents 2018. In progress Duarte, R. et al. : The Role of the Neurologist in the Assessment and Management of Individuals with Acquired Brain Injury- Acquired Brain Injury 2019 Wahezi S., Duarte R., et al. Telemedicine During Covid -19 and Beyond: A Practical Guide and Best Practices Multidisciplinary Approach for the Orthopedic and Neurological Pain Physical Examination, Pain Physician 2020 Wahezi, S., Duarte R., Sidharthan S., Sehgal N., et al. Telemedicine for Pain and Headache: In Practical Neurology- Pain and Headache Disorders: A Continuum 2021 Duarte R., Dahmer S., Sanguinetti S., Forde G., ET AL., Medical Cannabis for Headache Pain: A Primer for Clinicians. Current Pain and Headache Reports: Approved and in press for Fall 2021 Yang J., Minen M., Rosen N., Ashina S., Duarte R., : Headache Diagnosis and Treatment: A Knowledge and Needs Assessment Among Pain Medicine Practitioners — Abstract -presented at the American Academy of Neurology — 2021 Frane N., Stapleton E., Iturriaga C., Ganz M., Vijayan R., Rasquinha V., Duarte R., An Exploratory Cross-Sectional Analysis of Cannabinoid Use for Arthritic Joint Pain-Abstract presented at the International Cannabinoid Research Society 2021 Telemedicine for the Pain Practitioner - PART 2: The Neurological Examination — presentation at the AAPM Annual Meeting 2021 Committees American Council of Graduate Medical Education (ACGME) — Pain Medicine Advisory Committee Member — 2007 — 2009 Committee Member — Admissions Committee Zucker Hofstra School of Medicine 201 1- Present Member of the Admissions Committee Zucker Hofstra School of Medicine 2011 — Present Founding Board Member — New York State Pain Society 2012 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 Committee Member — Special Interest Group Section at AHS - Interventional Procedures for Head and Neck Pain 2015- Present Committee Member — Inaugural Integrative Pain Care Policy Congress 2017 Committee Member — Opioid Steering Committee for the Northwell Health System 2017- Present Committee Member — Cannabis Steering Committee for the Northwell Health System 2018- Present FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 AFFIDAVIT OF SERVICE STATE OF NEW YORK ) ) ss.: COUNTY OF NASSAU ) I, Lilibeth Campos, being duly sworn, depose and say: I am not a party to the action, am over 18 years of age and reside in Suffolk County, New York. On December 22, 2023, I served the within: CPLR 3101(D) EXPERT WITNESS EXCHANGE On: SURIS & ASSOCIATES, P.C. Attorneys for Plaintiff 395 North Service Road, Suite 302 Melville, New York 11747 (631) 423-9700 X by New York State Courts Electronic Filing (NYSCEF) System, only. _____________________ Lilibeth Campos Sworn to before me on December 22, 2023 MARGARITA SHULYAK NOTARY PUBLIC, State of New York No. 01SH6300042 Qualified in Queens County Commission Expires March 31, 2026 FILED: SUFFOLK COUNTY CLERK 03/27/2024 05:01 PM INDEX NO. 600234/2023 NYSCEF DOC. NO. 35 RECEIVED NYSCEF: 03/27/2024 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK Index No. 600234/23 ASHLEY BRACCO, Plaintiff, -against- SKYWAY TRUCK PARTS INC. AND MARCUS O. NIEVES, Defendants. CPLR 3101(D) EXPERT WITNESS EXCHANGE SCAHILL LAW GROUP P.C. Attorneys for Defendants 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 (516) 294-5200 ATTORNEY CERTIFICATION Pursuant to 22 NYCRR §130-1.1, the undersigned, an attorney admitted to practice in the courts of New York State, certifies that upon information and belief and responsible inquiry, the contentions contained in the annexed documents are not frivolous. Dated: December 22, 2023 ___________________________________ DAWN A. MUNRO, ESQ. Please take notice Notice of entry that the within is a (certified) true copy of a ______ duly entered in the office of the clerk of the within named court on ______________ Notice of Settlement that an order ^ of which the within is a true copy will be presented for _____ settlement to the HON. ___________ one of the judges of the within named court, at _______________ on ___________ Dated: Bethpage, New York SCAHILL LAW GROUP P.C. Attorneys for Defendants To: All Parties 1065 Stewart Avenue, Suite 210 Bethpage, New York 11714 516-294-5200