Preview
FILED
DALLAS COUNTY
1/17/2020 5:01PM
FELICIA PITRE
DISTRICT CLERK
Darling Tellez
CAUSE NO. DC-19-16913
RODNEY BROWN § IN THE DISTRICT COURT
Plaintiff, §
§
v. §
116th JUDICIAL DISTRICT
§
§
REYNALDO BAUTISTA and IRMA
BAUTISTA §
Defendants. § DALLAS COUNTY, TEXAS
DEFENDANT’S FIRST SUPPLEMENTAL NOTICE OF FILING
COUNTERAFFIDAVIT AND EXPERT DESIGNATION
TO: ALL COUNSEL OF RECORD
Pursuant t0 Section 18.001(e) and Section 18.001(f) of the TEXAS CIVIL PRACTICE AND
REMEDIES CODE, you are hereby notified that Defendant has filed, With the Clerk 0f the Court,
controverting affidavits. Defendant further hereby furnishes an expert designation.
Specifically, Defendant filed the affidavit, attached hereto, Which is signed by Robert
Andrew Mott, D.C., said affidavits being as follows:
1) COUNTERAFFIDAVIT, PURSUANT T0 SECTION 18.001 0F THE TEXAS CIVIL PRACTICE AND
REMEDIES CODE CONCERNING THE REASONABLENESS AND NECESSITY 0F MEDICAL
SERVICES AND COSTS PROVIDED T0 RODNEY BROWN
Defendant intends t0 offer such affidavits t0 controvert the alleged necessity and
reasonableness of the medical services received by Plaintiff in the trial 0f the above-captioned
cause.
EXPERT DESIGNATION
Defendant also gives notice t0 all parties that the information contained in the attached Counter-
affidavit(s) supplements Defendant’s Responses t0 Plaintiff” s Request for Disclosure under Tex.
R. CiV. P. 194.2(f)(1)-(4) regarding experts Who might be called to testify at trial, as follows:
Name: Robert Andrew Mott, D.C.
Address: 2707 Kennedy Dr. Melissa, TX 75454
Telephone: 469-23 1-23 1 8
The expert(s) named above has reviewed Plaintiff” s medical records and documents
produced by Plaintiff in discovery, which are in Plaintiff s possession. The expert(s) may testify
about:
1. Plaintiff s medical condition, both before and after the accident in question;
2. Plaintiffs’ injuries, if any, reasonably associated With the accident made the basis of this
lawsuit;
3. The reasonableness 0r necessity of some or all of Plaintiff’s medical treatment that
Plaintiff received in the past 0r might be expected t0 receive in the fixture resulting from
any injuries Plaintiff allegedly sustained as a result 0f the accident made the basis 0f this
lawsuit; and
4. The reasonableness 0f some or all 0f the cost 0f medical services that Plaintiff’ s received
in the past 0r might be expected t0 receive in the future resulting from any injuries
Plaintiff allegedly sustained as a result 0f the accident made the basis 0f this lawsuit.
A summary of the expected testimony is contained in the attached report(s) and/or
affidavit(s). The expert’s testimony Will be based 0n the expert’s education, training, and
experience as noted in the expert’s Curriculum Vitae attached to the expert’s affidavit.
Respectfully submitted,
CHAVEZ LEGAL GROUP
Fernando Martinez Jr.
State Bar No. 24070934
11900 N. 26th St, Suite 200
Edinburg TX 78539
(972) 419-3800 Telephone
(972) 239-5046 Facsimile
fmartinezjr@chavezlegalgroup.com
Attorney for the Defendant
CERTIFICATE OF SERVICE
This is to certify that on the _17th_ day of _January_, 2020, a true and correct copy 0f the
foregoing was forwarded to all parties and counsel 0f record as follows:
VIA EFILING: Wduke@duckeseth.com
Walker M. Duke
Duke Seth, P.L.L.C.
325 N. St. Paul Street, Suite 2220
Dallas, Texas 75201
Attorney for the Plaintiff
FERNANDO MARTINEZ, JR.
CAUSE NO. NO. DC-19-16913
DC-19-16913
RODNEY
RODNEY BROWN IN
IN THE DISTRICT
THE DISTRICT COURT
PLAINTIFF,
PLAINTIFF,
vs.
vs. DALLAS
DALLAS COUNTY, TEXAS
COUNTY,
REYNALDO BAUTISTA,
REYNALDO BAUTISTA, and
IRMA BAUTISTA,
IRMA BAUTISTA,
116th
116th JUDICIAL
JUDICIAL DISTRICT
DISTRICT
DEFENDANT(S).
DEFENDANT(S).
COUNTERAFFIDAVIT, PURSUANT TO
COUNTERAFFIDAVIT, TO SECTION
SECTION 18.001 OF THETHE CIVIL
TEXAS CIVIL
PRACTICE
PRACTICE AND
AND REMEDIES
REMEDIES CODE
CODE CONCERNING
CONCERNING THE
THE REASONABLENESS AND AND
NECESSITY
NECESSITY OF MEDICAL
MEDICAL SERVICES AND AND COSTS PROVIDED
COSTS PROVIDED TO
RODNEY
RODNEY BROWN
BEFORE
BEFORE the undersigned
ME, the undersigned authority,
authority, this
on this day
day personally
personally appeared Robert
appeared Andrew
Robert Andrew
Mott, D.C. who, after
Mott, D.C. after being
being duly
duly sworn, deposed
sworn, deposed asas follows:
follows:
“My name
"My name is
is Robert
Robert Andrew Mott,
Andrew Mott, D.C.
D.C. I
I am
am over
over the
the age
age of 21,
of 21, of
of sound mind,
mind, and
and
capable
capable of
of making
making this
this affidavit.
affidavit. The facts
facts stated
stated in
in this
this affidavit
affidavit are
are within
within my personal
personal
knowledge
knowledge and
and are
are true
true and
and correct.
correct. I
I am
am a
a Doctor
Doctor of
of Chiropractic,
Chiropractic, licensed
licensed to
to practice
practice in
in the
the
State
State of
of Texas.
Texas. Please
Please see my curriculum
curriculum vitae
vitae attached
attached hereto,
hereto, and
and incorporated
incorporated herein,
herein, by
by
reference, as
reference, as Exhibit A.
Exhibit A
I
I am
am a
a person
person qualified
qualified by
by knowledge,
knowledge, skill,
skill, experience,
experience, training,
training, and
and education,
education, to
to
provide
provide an
an opinion
opinion in
in contravention
contravention to
to the
the affidavits
affidavits regarding
regarding the
the cost
cost and
and necessity
necessity of
of the
the
medical services provided to
services provided Brown, in
Rodney Brown,
to Rodney that II have treated
in that treated numerous patients involved
numerous patients involved inin
motor
motor vehicle
vehicle and
and other
other accidents
accidents over
over the
the years.
years. IIreceived
received my Doctor
Doctor of
of Chiropractic
Chiropractic degree
degree
from
from Parker College of
PaIker College Chiropractic in
of Chiropractic in 2004.
2004.
During
During my time
time as
as a
a licensed
licensed and
and practicing
practicing Chiropractor
Chiropractor since
since 2004, IIhave become
familiar
familiar with
with billing
billing practices
practices and
and medical
medical services
services of
0f chiropractors
chiropractors in
in the
the State
State of
of Texas.
Texas. My
knowledge,
knowledge, skill,
skill, experience,
experience, education, and
and training
training allow
allow me
me to
to determine what medical
medical
services
services are
are medically
medically necessary,
necessary, medically
medically related,
related, and/or
and/or medically justified.
medically justified. Moreover,
Moreover, my
knowledge,
knowledge, skill,
skill, experience,
experience, education, and
and training
training allow
allow me
me to
to determine the
the cost
cost of
of medical
medical
services provided that
services provided reasonable and whether the
are reasonable
that are the medical services provided were
services provided were necessary.
necessary.
PAGE]
PAGE 1 OF
0F 5
BROWN
BROWN. vs.
VS.BA UTISTA, ET
BAUTISTA, ETAL.
AL.
II
have personally
personally reviewed
reviewed the
the medical
medical and
and billing records
billing records regarding
regarding Rodney Brown.
Brown. II
did
did not
not examine Mr.
Mr. Brown.
Brown. IIam
am familiar
familiar with
with the
the type of
of injury allegedly
injury allegedly incurred
incurred by
by Mr.
Brown
Brown through
through my review
review of
of the
the medical records
records from
from the
the above-stated
above—stated medical service
service
providers listed
providers listed herein.
herein.
II reviewed the following records:
the following records:
1. Legal Documents
Legal
2. Chiropractic Healthcare
Chiropractic Healthcare Center;
Center;
3. North
North Texas X-Ray
X—Ray Services,
Services, Inc.;
Inc.;
4. MRI Centers of
MRI Centers of Texas;
Texas;
MDN Injury
MDN
.°°.\‘.°‘.U'.AP°.N."‘
5. Injury Care;
6. Foundation Physicians
Physicians Group;
Group;
7. Foundation Surgery;
Surgery;
8. Bills/Invoices:
Bills/Invoices: Chiropractic
Chiropractic Healthcare
Healthcare Center;
Center; Health Insurance
Health Insurance Claim
Claim Forms
(MDN Business
Business MRI
and MRI Centers
Centers of
of Texas); ASP
ASP Cares;
Cares; JTP
JTP Diagnostics,
Diagnostics, LLC;
Foundations Physician;
Physician; Salient
Salient Radiology.
Radiology.
Based
Based on
on my knowledge,
knowledge, skill,
skill, experience,
experience, training,
training, and
and education,
education, IIhave formed
formed the
the
following
following opinion:
opinion:
The chiropractic
chiropractic and
and diagnostics
diagnostics services
services Rodney Brown
Brown those
those costs
costs associated
associated with
with
them, for
for treatment
treatment he received in
he received connection with
in connection an automobile
with an automobile accident
accident which
which occurred
occurred on
on or
or
about, December 20,
about, 2017, were not
2017, were entirely reasonable
not entirely reasonable and
and necessary.
necessary.
Specifically:
Specifically:
The claimant
claimant was
was unemployed
unemployed at
at the
the time of
of the
the accident.
accident. Work status
status was
was not
not
interrupted or
interrupted affected by the
affected by the injuries
injuries reviewed.
reviewed.
In
In my professional
professional opinion
opinion based
based on
on the
the records
records available,
available, the
the injuries
injuries reviewed
reviewed were
were
proximally caused
proximally caused by
by the
the motor
motor vehicle
vehicle accident
accident on
on December 20,
20, 2017.
2017.
In
In my professional
professional opinion,
opinion, based
and based reasonable degree
on aa reasonable of medical
degree of medical probability, the
probability, the
claimant
claimant will
will not
not require
require any additional
additional chiropractic
chiropractic treatment,
treatment, nor
nor will
will he
he have any
any future
future
physical
physical impairments
impairments secondary
secondary to
to the
the injuries
injuries sustained
sustained in
in the
the motor
motor vehicle
vehicle accident
accident on
on
December 20, 2017.
2017.
the documentation
From the documentation provided,
provided, the claimant
the did not
claimant did not have any
any pre—existing conditions,
pre-existing conditions,
nor was there
nor was any
there any aggravation by the
aggravation the motor vehicle accident.
motor vehicle accident.
PAGE20F
PAGE 2 0F 5
BROWN.
BROWN. vs.
VS.BA UTISTA, ET
BAUTISTA, ETAL.
AL.
In
In reference
reference to
t0 the use of
the use of the
the thoracic and lumbar
thoracic and lumbar x-rays,
x—rays, due to the mechanism of
to the of injury
injury
and the
and the claimant's age, these
claimant’s age, these are medically reasonable
are medically reasonable and necessary.
necessary.
In
In reference
reference to
to the
the use
use of
of a
a detailed
detailed exam,
exam, the
the CPT Coding
Coding Manual
Manual requires
requires 3 key
key
components:
components: detailed
detailed history,
history, detailed
detailed exam,
exam, and
and low
low level
level of
of medical
medical decision-making.
decision-making. In
In
addition,
addition, the problem
the problem severity
severity should be
should be moderate, and physician
moderate, physician time
time at
at least
least 30 minutes.
minutes. From
the documentation
the documentation provided,
provided, it
Preview
FILED DALLAS COUNTY 1/17/2020 5:01PM FELICIA PITRE DISTRICT CLERK Darling Tellez CAUSE NO. DC-19-16913 RODNEY BROWN § IN THE DISTRICT COURT Plaintiff, § § v. § 116th JUDICIAL DISTRICT § § REYNALDO BAUTISTA and IRMA BAUTISTA § Defendants. § DALLAS COUNTY, TEXAS DEFENDANT’S FIRST SUPPLEMENTAL NOTICE OF FILING COUNTERAFFIDAVIT AND EXPERT DESIGNATION TO: ALL COUNSEL OF RECORD Pursuant t0 Section 18.001(e) and Section 18.001(f) of the TEXAS CIVIL PRACTICE AND REMEDIES CODE, you are hereby notified that Defendant has filed, With the Clerk 0f the Court, controverting affidavits. Defendant further hereby furnishes an expert designation. Specifically, Defendant filed the affidavit, attached hereto, Which is signed by Robert Andrew Mott, D.C., said affidavits being as follows: 1) COUNTERAFFIDAVIT, PURSUANT T0 SECTION 18.001 0F THE TEXAS CIVIL PRACTICE AND REMEDIES CODE CONCERNING THE REASONABLENESS AND NECESSITY 0F MEDICAL SERVICES AND COSTS PROVIDED T0 RODNEY BROWN Defendant intends t0 offer such affidavits t0 controvert the alleged necessity and reasonableness of the medical services received by Plaintiff in the trial 0f the above-captioned cause. EXPERT DESIGNATION Defendant also gives notice t0 all parties that the information contained in the attached Counter- affidavit(s) supplements Defendant’s Responses t0 Plaintiff” s Request for Disclosure under Tex. R. CiV. P. 194.2(f)(1)-(4) regarding experts Who might be called to testify at trial, as follows: Name: Robert Andrew Mott, D.C. Address: 2707 Kennedy Dr. Melissa, TX 75454 Telephone: 469-23 1-23 1 8 The expert(s) named above has reviewed Plaintiff” s medical records and documents produced by Plaintiff in discovery, which are in Plaintiff s possession. The expert(s) may testify about: 1. Plaintiff s medical condition, both before and after the accident in question; 2. Plaintiffs’ injuries, if any, reasonably associated With the accident made the basis of this lawsuit; 3. The reasonableness 0r necessity of some or all of Plaintiff’s medical treatment that Plaintiff received in the past 0r might be expected t0 receive in the fixture resulting from any injuries Plaintiff allegedly sustained as a result 0f the accident made the basis 0f this lawsuit; and 4. The reasonableness 0f some or all 0f the cost 0f medical services that Plaintiff’ s received in the past 0r might be expected t0 receive in the future resulting from any injuries Plaintiff allegedly sustained as a result 0f the accident made the basis 0f this lawsuit. A summary of the expected testimony is contained in the attached report(s) and/or affidavit(s). The expert’s testimony Will be based 0n the expert’s education, training, and experience as noted in the expert’s Curriculum Vitae attached to the expert’s affidavit. Respectfully submitted, CHAVEZ LEGAL GROUP Fernando Martinez Jr. State Bar No. 24070934 11900 N. 26th St, Suite 200 Edinburg TX 78539 (972) 419-3800 Telephone (972) 239-5046 Facsimile fmartinezjr@chavezlegalgroup.com Attorney for the Defendant CERTIFICATE OF SERVICE This is to certify that on the _17th_ day of _January_, 2020, a true and correct copy 0f the foregoing was forwarded to all parties and counsel 0f record as follows: VIA EFILING: Wduke@duckeseth.com Walker M. Duke Duke Seth, P.L.L.C. 325 N. St. Paul Street, Suite 2220 Dallas, Texas 75201 Attorney for the Plaintiff FERNANDO MARTINEZ, JR. CAUSE NO. NO. DC-19-16913 DC-19-16913 RODNEY RODNEY BROWN IN IN THE DISTRICT THE DISTRICT COURT PLAINTIFF, PLAINTIFF, vs. vs. DALLAS DALLAS COUNTY, TEXAS COUNTY, REYNALDO BAUTISTA, REYNALDO BAUTISTA, and IRMA BAUTISTA, IRMA BAUTISTA, 116th 116th JUDICIAL JUDICIAL DISTRICT DISTRICT DEFENDANT(S). DEFENDANT(S). COUNTERAFFIDAVIT, PURSUANT TO COUNTERAFFIDAVIT, TO SECTION SECTION 18.001 OF THETHE CIVIL TEXAS CIVIL PRACTICE PRACTICE AND AND REMEDIES REMEDIES CODE CODE CONCERNING CONCERNING THE THE REASONABLENESS AND AND NECESSITY NECESSITY OF MEDICAL MEDICAL SERVICES AND AND COSTS PROVIDED COSTS PROVIDED TO RODNEY RODNEY BROWN BEFORE BEFORE the undersigned ME, the undersigned authority, authority, this on this day day personally personally appeared Robert appeared Andrew Robert Andrew Mott, D.C. who, after Mott, D.C. after being being duly duly sworn, deposed sworn, deposed asas follows: follows: “My name "My name is is Robert Robert Andrew Mott, Andrew Mott, D.C. D.C. I I am am over over the the age age of 21, of 21, of of sound mind, mind, and and capable capable of of making making this this affidavit. affidavit. The facts facts stated stated in in this this affidavit affidavit are are within within my personal personal knowledge knowledge and and are are true true and and correct. correct. I I am am a a Doctor Doctor of of Chiropractic, Chiropractic, licensed licensed to to practice practice in in the the State State of of Texas. Texas. Please Please see my curriculum curriculum vitae vitae attached attached hereto, hereto, and and incorporated incorporated herein, herein, by by reference, as reference, as Exhibit A. Exhibit A I I am am a a person person qualified qualified by by knowledge, knowledge, skill, skill, experience, experience, training, training, and and education, education, to to provide provide an an opinion opinion in in contravention contravention to to the the affidavits affidavits regarding regarding the the cost cost and and necessity necessity of of the the medical services provided to services provided Brown, in Rodney Brown, to Rodney that II have treated in that treated numerous patients involved numerous patients involved inin motor motor vehicle vehicle and and other other accidents accidents over over the the years. years. IIreceived received my Doctor Doctor of of Chiropractic Chiropractic degree degree from from Parker College of PaIker College Chiropractic in of Chiropractic in 2004. 2004. During During my time time as as a a licensed licensed and and practicing practicing Chiropractor Chiropractor since since 2004, IIhave become familiar familiar with with billing billing practices practices and and medical medical services services of 0f chiropractors chiropractors in in the the State State of of Texas. Texas. My knowledge, knowledge, skill, skill, experience, experience, education, and and training training allow allow me me to to determine what medical medical services services are are medically medically necessary, necessary, medically medically related, related, and/or and/or medically justified. medically justified. Moreover, Moreover, my knowledge, knowledge, skill, skill, experience, experience, education, and and training training allow allow me me to to determine the the cost cost of of medical medical services provided that services provided reasonable and whether the are reasonable that are the medical services provided were services provided were necessary. necessary. PAGE] PAGE 1 OF 0F 5 BROWN BROWN. vs. VS.BA UTISTA, ET BAUTISTA, ETAL. AL. II have personally personally reviewed reviewed the the medical medical and and billing records billing records regarding regarding Rodney Brown. Brown. II did did not not examine Mr. Mr. Brown. Brown. IIam am familiar familiar with with the the type of of injury allegedly injury allegedly incurred incurred by by Mr. Brown Brown through through my review review of of the the medical records records from from the the above-stated above—stated medical service service providers listed providers listed herein. herein. II reviewed the following records: the following records: 1. Legal Documents Legal 2. Chiropractic Healthcare Chiropractic Healthcare Center; Center; 3. North North Texas X-Ray X—Ray Services, Services, Inc.; Inc.; 4. MRI Centers of MRI Centers of Texas; Texas; MDN Injury MDN .°°.\‘.°‘.U'.AP°.N."‘ 5. Injury Care; 6. Foundation Physicians Physicians Group; Group; 7. Foundation Surgery; Surgery; 8. Bills/Invoices: Bills/Invoices: Chiropractic Chiropractic Healthcare Healthcare Center; Center; Health Insurance Health Insurance Claim Claim Forms (MDN Business Business MRI and MRI Centers Centers of of Texas); ASP ASP Cares; Cares; JTP JTP Diagnostics, Diagnostics, LLC; Foundations Physician; Physician; Salient Salient Radiology. Radiology. Based Based on on my knowledge, knowledge, skill, skill, experience, experience, training, training, and and education, education, IIhave formed formed the the following following opinion: opinion: The chiropractic chiropractic and and diagnostics diagnostics services services Rodney Brown Brown those those costs costs associated associated with with them, for for treatment treatment he received in he received connection with in connection an automobile with an automobile accident accident which which occurred occurred on on or or about, December 20, about, 2017, were not 2017, were entirely reasonable not entirely reasonable and and necessary. necessary. Specifically: Specifically: The claimant claimant was was unemployed unemployed at at the the time of of the the accident. accident. Work status status was was not not interrupted or interrupted affected by the affected by the injuries injuries reviewed. reviewed. In In my professional professional opinion opinion based based on on the the records records available, available, the the injuries injuries reviewed reviewed were were proximally caused proximally caused by by the the motor motor vehicle vehicle accident accident on on December 20, 20, 2017. 2017. In In my professional professional opinion, opinion, based and based reasonable degree on aa reasonable of medical degree of medical probability, the probability, the claimant claimant will will not not require require any additional additional chiropractic chiropractic treatment, treatment, nor nor will will he he have any any future future physical physical impairments impairments secondary secondary to to the the injuries injuries sustained sustained in in the the motor motor vehicle vehicle accident accident on on December 20, 2017. 2017. the documentation From the documentation provided, provided, the claimant the did not claimant did not have any any pre—existing conditions, pre-existing conditions, nor was there nor was any there any aggravation by the aggravation the motor vehicle accident. motor vehicle accident. PAGE20F PAGE 2 0F 5 BROWN. BROWN. vs. VS.BA UTISTA, ET BAUTISTA, ETAL. AL. In In reference reference to t0 the use of the use of the the thoracic and lumbar thoracic and lumbar x-rays, x—rays, due to the mechanism of to the of injury injury and the and the claimant's age, these claimant’s age, these are medically reasonable are medically reasonable and necessary. necessary. In In reference reference to to the the use use of of a a detailed detailed exam, exam, the the CPT Coding Coding Manual Manual requires requires 3 key key components: components: detailed detailed history, history, detailed detailed exam, exam, and and low low level level of of medical medical decision-making. decision-making. In In addition, addition, the problem the problem severity severity should be should be moderate, and physician moderate, physician time time at at least least 30 minutes. minutes. From the documentation the documentation provided, provided, it