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CAUSE NO. 2008-45058
KURT JARDINE IN THE DISTRICT cour’
C r OF
v HARRIS counry Jeni
Be: =
DONNIE J. KEMPER AND
MOODY INTERNATIONAL, INC. 16a™ supa SE ce
DEFENDANTS, DONNIE J. KEMPER AND MOODY INTERNATION AEGAN. i
DESIGNATION OF EXPERT WITNESSES ‘ Bow oooO
=
TO THE HONORABLE JUDGE OF SAID COURT:
:
COMES NOW DONNIE J. KEMPER and MOODY INTERNATIONAL, INC
Defendants in the above entitled and numbered cause, files this Designation of Expert
Witnesses pursuant to the Court’s Scheduling Order which shall serve to supplement any and
all previous discovery responses to reflect that the following persons may be called to give
expert testimony at the trial of this case
1
Defendants may call the following witness to testify upon a trial of this cause by direct
examination, cross-examination, or rebuttal lestimony
FILED
Loren Jackson
!) Richard M. Larrey, M.D., P.A District Clerk
11734 FM 1960 West
DEC 1 4 2009
Houston, Texas 77065
713/795-4963 Time:
‘Hams County, Toxas
281/807-4964 (fax) By Depury
Dr. Larrey may testify concerning the medical treatment and medical bills incurred by
Plaintiff at issue in this case He may also testify concerning the reasonableness and
necessity of the medical treatment and costs, as well as the past medical history, future
medical outlook and treatment of Plaintiff, and causation as to the medical injuries of
Plaintiff. Dr. Larrey may testify concerning the medical conditions or pre-existing
injuries suffered by Plaintiff prior to the incident at issue in this lawsuit, and may also
testify concerning the current injuries being claimed by Plaintiff as pre-existing the
accident at issue in this lawsuit. Dr. Larrey may also testify concerning actual amounts
paid for the medical treatment of Plaintiff versus the amounts originally charged as shown
LAA-RETNOAOL DISCOVER YWDesignation-Expents. doc
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in medical and billing records. Dr. Larrey’s current curriculum vitae is attached hereto.
II.
Defendants reserve the right to call or elicit testimony or opinions from any experts
designated by all parties to this lawsuit on any issue relevant to this case and as such cross-
designates said unretained experts. Defendants specifically cross-designate Plaintiff's medical
providers including but not limited to the following:
1) Vincent C. Phan, M.D.
and/or Custodian of Medical / Billing Records
Southwest Bone & Joint Clinic, P.A.
P. O. Box 1759, Dept. 953
Houston, Texas 77251-1759
713/772-5000
Plaintiffs medical / healthcare provider.
2) Doctors’ Surgical Center
Physicians and/or Custodian of Medical / Billing Records
8111 Southwest Freeway
Houston, Texas 77074
713/272-6300
Plaintiff's medical / healthcare provider.
3) Greater Houston Anesthesiology
Physicians and/or Custodian of Medical / Billing Records
2411 Fountain View Drive, Suite 200
Houston, Texas 77057
713/620-4000
Plaintiff's medical / healthcare provider.
4) River Oaks Imaging & Diagnostic
Physicians and/or Custodian of Medical / Billing Records
P. O. Box 4346, Dept. 593
Houston, Texas 77210
713/512-6400
Plaintiff's medical / healthcare provider.
5) Barry Broman, MS, PT
and/or Custodian of Medical / Billing Records
Sports Therapy Center
2225 Williams Trace Blvd., Suite 104
L:NA-RK T1040! S\DISCOVER Y\Designation-Experts.dac
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Sugar Land, Texas 77478
281/980-2997
Plaintiff's medical / healthcare provider.
6) James Villarreal, M.D.
Physicians and/or Custodian of Medical / Billing Records
Cottonwood Medical Center
5770 South 300 East
Murray, Utah 84106
801/314-2070
Plaintiff's medical / healthcare provider.
7) Southwest Bone & Joint Clinic, P.A.
Physicians and/or Custodian of Medical / Billing Records
P. O. Box 1759
Dept. 953
Houston, Texas 77251-1759
713/772-5000
Plaintiff's medical / healthcare provider.
8) Sports Therapy Center
Physicians and/or Custodian of Medical / Billing Records
2225 Williams Trace Blvd., Suite 104
Sugar Land, Texas 77478
281/980-2997
Plaintiff's medical / healthcare provider.
9) Willowbrook Cardiovascular Associates
Physicians and/or Custodian of Medical / Billing Records
6560 Fannin, Suite 820
Houston, Texas 77030
713/791-1978
Plaintiff's medical / healthcare provider.
10) Bradley Beckman, M.D.
Physicians and/or Custodian of Medical / Billing Records
909 Frostwood, Suite 105
Houston, Texas 77024
713/984-2222
Plaintiff's medical / healthcare provider.
11) Jeffrey C. Whitsett, M.D.
Physicians and/or Custodian of Medical / Billing Records
1237 Campbell Road
Houston, Texas 77055
T\A-RKTVO401 S\DISCOVER Y\Designation-Experts.doc
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Plaintiff's medical / healthcare provider.
12) Frank Lanza, M.D.
Physicians and/or Custodian of Medical / Billing Records
7777 Southwest Freeway. Suite 762
Houston. Texas 77074
713/977-9095
Plaintiff's medical / healthcare provider.
13) Keith H. Fiman, M.D., P.A.
Physicians and/or Custodian of Medical / Billing Records
16659 Southwest Freeway, Suite 151
Sugar Land, Texas 77479
281/491/9779
Plaintiff's medical / healthcare provider.
14) Family Practice Associates
Physicians and/or Custodian of Medical / Billing Records
14823 Southwest Freeway
Sugar Land, Texas 77479
281/240-6000
Plaintiff's medical / healthcare provider.
15) Sweetwater Medical Associates
Physicians and/or Custodian of Medical / Billing Records
16651 Southwest Freeway
Sugar Land, Texas 77479
281/494-4900
Plaintiff's medical / healthcare provider.
16) Methodist Sugar Land Hospital
Physicians and/or Custodian of Medical / Billing Records
16655 Southwest Freeway
Sugar Land, Texas 77479
281/274-7000
Plaintiff's medical / healthcare provider.
17) Kelsey Seybold Clinic
Fort Bend Medical & Diagnostic Center
Physicians and/or Custodian of Medical / Billing Records
11555 University Blvd.
Sugar Land, Texas 77478
713/442-9100
Plaintiff's medical / healthcare provider.
EAA-RKTN0401
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18) Fort Bend County EMS
Physicians and/or Custodian of Medical / Billing Records
4336 Highway 36 South
Rosenberg, Texas 77474
281/342-7233
Plaintiff's medical / healthcare provider.
19) South Texas Cardiovascular Associates
Physicians and/or Custodian of Medical / Billing Records
4330 Medical Drive, Suite 1001
San Antonio, Texas 78229
210/692-8811
Plaintiff's medical / healthcare provider.
20) Methodist Hospital
Physicians and/or Custodian of Medical / Billing Records
7700 Floyd Cur! Drive
San Antonio, Texas 78229
210/575-4000
Plaintiff's medical / healthcare provider.
21) Dennis Thone, M.D.
Physicians and/or Custodian of Medical / Billing Records
Address Not Known
Salt Lake City, Utah
Plaintiff's medical / healthcare provider.
22) St. Mark's Hospital
Physicians and/or Custodian of Medical / Billing Records
1200 East 3900 South
Salt Lake City, Utah 84124
801/268-7111
Plaintiff's medical / healthcare provider.
23) Medicare
Custodian of Medical / Billing Records
7500 Security Blvd.
Baltimore, Maryland 21244-1850
800/633-4227
Plaintiff's medical / healthcare provider.
24) United Healthcare - AARP Division
Custodian of Medical / Billing Records
P. O. Box 740819
Atlanta, Georgia 30374
LAA-RKT\O401 S\DISCOVERY \Designation-Experts.doc
®
800/523-5800
Plaintiff's medical / healthcare provider.
25) Any and all of the Plaintiff's medical / healthcare providers, who are unknown at this
time, that are familiar with the diagnosis, treatment, and prognosis of Kurt Jardine, and
any pre-exisiting or subsequent condition(s) related to the injuries allegedly sustained in
the collision made the basis of this suit.
The above-referenced medical physicians, personnel and facilities, known or unknown,
are not hired experts but are medical treatment providers who may testify regarding Plaintiff's
medical condition and medical treatment as a result of the injuries and damages he allegedly
sustained as a result of the incident made the basis of this suit Their opinions and statements
are expressed in their medical and business records. It is anticipated the custodians of records
may testify regarding reasonable and necessary care and treatment.
It is further anticipated the above-referenced medical providers will testify about the
medical condition and medical treatment of Plaintiff, including medical history, examinations,
testing, treatment, diagnoses, prognoses, limitations, impairment, disability, pain and
suffering, and relationship of Plaintiff's injuries to the incident made the basis of this lawsuit.
It is anticipated these witnesses will also testify about the necessity and reasonableness of the
treatment of the Plaintiff for injuries allegedly sustained in the accident made the basis of this
suit and their qualifications and credentials.
The Custodians of Record listed above will testify as to whether the specific records
and designated records are business records pursuant to Rule 902(10) of the Texas Rules of
Evidence.
The aforementioned custodians of all plaintiff's medical, employment, IRS, social
security, insurance, and worker’s compensation records, or any other records offered into
evidence in this lawsuit have knowledge of the applicable records. As for the names,
addresses and telephone numbers, please see Plaintiff's Responses to Requests for Disclosure,
Plaintiff's Answers to Interrogatories, Plaintiff's Responses to Requests for Production, and
Plaintiff's Designation of Expert Witnesses, Defendant's Responses to Requests for
Disclosure, Defendants’ Answers to Interrogatories, Defendant's Responses to Requests for
Production, and Defendants’ Designation of Expert Witnesses, and the records which have or
will be subpoenaed in this lawsuit.
MI.
Defendants designate and/or cross-designate those expert witnesses who have been
designated by Plaintiff's counsel, and such may be called and examined or cross-examined to testify
regarding any area for which such witnesses have been designated to testify, or on which such
L:AA-RKT\O401 S\DISCOVER Y\Designation-Experts.doc
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witnesses may render an expert opinion. In this connection, please refer to Plaintiff's Designations,
their reports, and their deposition testimony if they have been or will be deposed.
Iv.
Defendants reserve the right to elicit, by way of cross-examination, opinion testimony from
experts designated and called by other parties to this suil.
Vv.
Defendants reserve the right to call undesignated, rebuttal expert witnesses whose testimony
cannot be reasonably foreseen until the presentation of the evidence against Plaintiff.
Vi.
Defendants reserve the right to withdraw the designation of any expert and to aver
positively that any such previously designated expert will not be called as a witness to trial and to
re-designate same as a consulting expert who cannot be called by opposing counsel.
VIL.
Defendants reserve the right to clicit opinion or lay opinion testimony at the time of tial
which would be truthful, which would be of benefit to the jury to determine material issues of fact
and which would not be violative of any existing court order of the Texas Rules of Civil Procedure.
VIL.
Defendants hereby designate as adverse parties, potentially adverse parties and/or as
Witnesses associated with the adverse parties, all parties to this lawsuit and all experts designated by
any party to this lawsuit, even if the designated party is not a party to the lawsuit at the time of trial.
In the event a present or future party designates an expert but then is dismissed for any reason from
this suit or fails to call any designated expert, Defendants reserve the right to designate and/or call
any such party or any such expert previously designated by any party.
LAA-RKTIO401 S\DISCOVERY \Designation-Experts.doc
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IX
Defendants reserve whatever additional rights it may have with regard to experts, pursuant
to Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence, the case law construing same
and the rulings of the trial court.
Xx
Defendants reserve the right to supplement this Designation with additional designations of
experts within the time limits imposed by the Court, or any alterations of same by subsequent court
order or agreement of the parties, or pursuant to the Texas Rules of Civil Procedure and/or the
Texas Rules of Civil Evidence.
XL
Please consider this Designation a supplementation of all discovery requests seeking
information regarding Defendants’ expert witnesses or person with knowledge of relevant facts.
Respectfully submitted,
HANDLIN & ASSOCIATES
nKou On
ROBIN KATHLEEN T LOR
TBA #24008130
VAN GARDNER
TBA #07656800
2777 Allen Parkway, Suite 370
Houston, Texas 77019
713/831-4800 / 713/831-4848 (fax)
ATTORNEY FOR DEFENDANTS
DONNIE J. KEMPER AND
MOODY INTERNATIONAL, INC
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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the above and foregoing Defendants’ Designation of
Experts has been forwarded by Certified Mail, Return Receipt Requested, Facsimile
Transmission, Hand Delivery and/or Regular Mail, on this the lay of December, 2009.
Richard Schechter
Law Office of Richard Schechter, P.C.
One Greenway Plaza, Suite 740
Houston, Texas 77046-0102
B. Vic Shapiro
Law Office of B. Vic Shapiro
5718 Westheimer, Suite 940
Houston, Texas 77056
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11734 FM'1960 West Richard M. Larrey, M.D., P.A. Phone: (713) 795-4963
Houston, Texas 77065 Orthopedic Surgery Fax: (281) 807-4964
Board Certified A.B.0.S.
CURRICULUM VITAE
Date: of Birth: March 3, 1950
Place: Texas City, Texas
Edusation:
The Leysin American School, Leysin, Switzerland 1962-1963
Bellaire Senior High School, Houston, Texas 1963-1966
The University of Texas, Austin, Texas 1966-1970
B.A. with Special Honors, Plan II - Liberal Arts Honors Program,
Phi Beta Kappa
Washington University Medical School, St. Louis, MO 1970-1974
M.D. - upper 1/4 of the class
Graduate Training:
Surgery internship: Case Western Reserve Affiliated Hospitals
Cleveland, Ohio 1974-1975
Surgery Residency Columbia-Presbyterian Medical Center
New York, New York 1975-1976
Orthopedic Training: Asst. Resident, Resident, Junior Annie C. Kane Fellow
New York Orthopedic Hospital Columbia-Presbyterian
Medical Center, New York, New York 1976-1979
Private Practice: Texas Medical Center, Houston, Texas 1979-now
Licenses: Texas #F4918 6/13/1979
Exaininations:
Medical Examinations: National Board Medica! Examiners 1975
Percentile
Orthopedic Examinations: In service exams 93% 1976
89% 1977
91% 1978
American Board Orthopedic Surgery Cartification Exam 95% 1980
American Academy of Orthopedic Surgery, 92% 1988
Knowledge Update & Self Assessment Exams:
General Orthopedics 92% 1988
Adult Reconstructive Surgery of Hip & Knee 95% 1988
Professional Societies:
e
Harr s County Medical Society 1979
Texzis Medical Association 1979
Hou:ston Orthopedic Society 1981
American Academy of Orthopedic Surgery 1986
Nort1 American Spine Society 1992
Teaching Appointments:
Clinical Instructor Baylor College of Medicine 1979-now
Clinical Instructor University of Texas Medica! 1979-1987
School at Houston
-
Hos)ital Appointments:
Methodist Hospital
St. Luke's Hospitat
Cypress Fairbanks Madical Center
Memorial Hermann Katy Hospital
Willowbrook Methodist Hospital
Mentorial City Hospital
Presentations, Papers & Publications:
Sen or Thesis, University of Texas, "The Economics of American Medicine.”
The late results of fasciotomy for tennis elbow: A long term follow-up study. Goldberg, V.M., Posch,
J., Larrey, R.M. Clin. Orth. 135:179 1978. Presented American Academy Orthopedic Surgeons,
Dallas, 1978.
Meeting is:
Tachjian, Mihrin O. Pediatric Review Course San Francisco, CA 1978
A.O A. Residents Conference San Antonio, TX 1978
Maine Orthopedic Review Colby College, ME 1980
Arthroscopic Surgery of the Knee Salt Lake, UT 1981
Arthroscopic Surgery & Related Problems Dallas, TX 1981
15th Annual Shrine Lectureship Houston, TX 1987
LeRoy Hanson Lectureship Houston, TX 1987
Hanis Hip Course & Workshop Boston, MA 1988
Ed Smith Lect.-tlazarov Tech. & Workshop Houston, TX 1988
Gro:s-Kempfea Course & Workshop New Orleans, LA 1988
Orth ofix Workshop Houston, TX 1989
Mimi Barnhart Lectureship Houston, TX 1989
Richards ltazaroy Tech & Workshop on Non-union Houston, TX 1989
Curent Concepts ACL in Reconstruction Houston, TX 1990
Surjical Concepts in Sports Medicine Houston, TX 1990
Joe King Lectureship “Injuries to the Throwing
Shoulder and Elbow"
Theary & Application of Spinal
e @
Instrumentation Using Pedicle Screws
at _.A. Orthopedic Hospital Los Angeles, CA 1991
SRS/NASS Advanced Pedicle Fixation of the
Lunbar Spine Phoenix, AZ 1991
Kaneda Anterior Spinal Fixation Houston, TX 1991
Rognzinski Workshop-Tech. in Spinal Fixation Houston, TX 1992
North American Spine Society Annual Meeting Boston, MA 1992
SRS/NASS Adv Pedicle Fixation-Lumbar Spine Disneyworld, FL 1993
AADEP TWCC Evaluation Workshop Houston, TX 1993
North American Spine Society Annual Meeting Minneapolis, MN 1994
Ruslt - Presbyterian - St. Luke's - Meeting Chicago, IL 1994
Anterior Surgery of the Spine
Mimi Barhart Lecturaship-"The Multiply Injured Chitd Houston, TX 1995
AADEP - AMA Guides Training Course Arlington, TX 1996
SPINETECH - Lumbar Interbody Fusion of the Spine Minneapolis, MN 1996
GEN ZYME - Tissue Repair Houston, TX 1998
Baylor Sports Madicine Institute - Houston, TX 1998
Arthroscopic Surgery Training Series
St. Luke's Annual Symposia Houston, TX
16th Children's Orthopedics, Part | 1980
17th Children's Orthopedics, Part 1981
18th Major Orthopedic Trauma of the Extremities 1982
19th The Foot and Ankle: Assessment & Management 1983
20th Cervical Spine Update - 1984 1984
21st Total Joint Replacement - The State of the Art 1985
22nd Controversies in Lumbar Spine Surgery 1986
23rd Complications & Revisions of Total Hips & Knees 1987
24th The Shoulder 1988
25th Trauma Update 1989
26th Surgical Management of the Arthritic Knee 1990
27th Foot Surgery & Ass. Complications 1991
28th Recent Advances in Lumbar Surgery-Diag & Mgmt 1992
29th Diseases of the Cervical Spine 1993
30th Complications & Revisions of THR & TKR 1994
31th Percutaneous Evaluation and Treatment of Spinal Pathology 1995
32th Treatment of Hip and Knee Arthritis in the Young Adult 1996
34th Traditional and Alternative Approaches to the Management of Back Pain 1998
American Academy of Orthopedic Surgeons
Ann Jal Meeting San Francisco, CA 1978
Ann sal Meeting New Orleans, LA 1982
Ann Jal Meeting Atlanta, GA 1984
Summer Institute New York, NY 1985
Instr. Course #071 The Shoulder Update-1985
Richmond, VA 1985
Annual Meeting New Orleans, LA 1986
Tote! Knee #619 New York, NY 1988
Ann sal Meeting New Oneans, LA 1990
®
Spucialty Day 058 ASES
Ins‘. Courses: 103 The Adult Foot Wil/; 329
Low Back Pain III/IV
Annual Meeting Anaheim, CA 1991
Specialty Day 058 ASES
Ins, Courses: Total Hip Ravision-125/225/325/425
Annual Meeting New Orleans 1994
Spacialty Day FOSA-Spine
Insz. Courses 115 Spondylolysis; 225 Anterior Cervical Fusion
Annual Meeting New Orleans, LA 1998
Arthroscopy Association of North America
Annual Meeting Dallas, 2002
Annual Meeting New Orleans, LA 2003
Currant Regular Meetings (CME)
Baylor-Methodist Wednesday Grand Rounds Weekly
Baylor-Methodist Thursday Spine Conference Weekly
Preview
e e is CAUSE NO. 2008-45058 KURT JARDINE IN THE DISTRICT cour’ C r OF v HARRIS counry Jeni Be: = DONNIE J. KEMPER AND MOODY INTERNATIONAL, INC. 16a™ supa SE ce DEFENDANTS, DONNIE J. KEMPER AND MOODY INTERNATION AEGAN. i DESIGNATION OF EXPERT WITNESSES ‘ Bow oooO = TO THE HONORABLE JUDGE OF SAID COURT: : COMES NOW DONNIE J. KEMPER and MOODY INTERNATIONAL, INC Defendants in the above entitled and numbered cause, files this Designation of Expert Witnesses pursuant to the Court’s Scheduling Order which shall serve to supplement any and all previous discovery responses to reflect that the following persons may be called to give expert testimony at the trial of this case 1 Defendants may call the following witness to testify upon a trial of this cause by direct examination, cross-examination, or rebuttal lestimony FILED Loren Jackson !) Richard M. Larrey, M.D., P.A District Clerk 11734 FM 1960 West DEC 1 4 2009 Houston, Texas 77065 713/795-4963 Time: ‘Hams County, Toxas 281/807-4964 (fax) By Depury Dr. Larrey may testify concerning the medical treatment and medical bills incurred by Plaintiff at issue in this case He may also testify concerning the reasonableness and necessity of the medical treatment and costs, as well as the past medical history, future medical outlook and treatment of Plaintiff, and causation as to the medical injuries of Plaintiff. Dr. Larrey may testify concerning the medical conditions or pre-existing injuries suffered by Plaintiff prior to the incident at issue in this lawsuit, and may also testify concerning the current injuries being claimed by Plaintiff as pre-existing the accident at issue in this lawsuit. Dr. Larrey may also testify concerning actual amounts paid for the medical treatment of Plaintiff versus the amounts originally charged as shown LAA-RETNOAOL DISCOVER YWDesignation-Expents. doc @ e in medical and billing records. Dr. Larrey’s current curriculum vitae is attached hereto. II. Defendants reserve the right to call or elicit testimony or opinions from any experts designated by all parties to this lawsuit on any issue relevant to this case and as such cross- designates said unretained experts. Defendants specifically cross-designate Plaintiff's medical providers including but not limited to the following: 1) Vincent C. Phan, M.D. and/or Custodian of Medical / Billing Records Southwest Bone & Joint Clinic, P.A. P. O. Box 1759, Dept. 953 Houston, Texas 77251-1759 713/772-5000 Plaintiffs medical / healthcare provider. 2) Doctors’ Surgical Center Physicians and/or Custodian of Medical / Billing Records 8111 Southwest Freeway Houston, Texas 77074 713/272-6300 Plaintiff's medical / healthcare provider. 3) Greater Houston Anesthesiology Physicians and/or Custodian of Medical / Billing Records 2411 Fountain View Drive, Suite 200 Houston, Texas 77057 713/620-4000 Plaintiff's medical / healthcare provider. 4) River Oaks Imaging & Diagnostic Physicians and/or Custodian of Medical / Billing Records P. O. Box 4346, Dept. 593 Houston, Texas 77210 713/512-6400 Plaintiff's medical / healthcare provider. 5) Barry Broman, MS, PT and/or Custodian of Medical / Billing Records Sports Therapy Center 2225 Williams Trace Blvd., Suite 104 L:NA-RK T1040! S\DISCOVER Y\Designation-Experts.dac e Sugar Land, Texas 77478 281/980-2997 Plaintiff's medical / healthcare provider. 6) James Villarreal, M.D. Physicians and/or Custodian of Medical / Billing Records Cottonwood Medical Center 5770 South 300 East Murray, Utah 84106 801/314-2070 Plaintiff's medical / healthcare provider. 7) Southwest Bone & Joint Clinic, P.A. Physicians and/or Custodian of Medical / Billing Records P. O. Box 1759 Dept. 953 Houston, Texas 77251-1759 713/772-5000 Plaintiff's medical / healthcare provider. 8) Sports Therapy Center Physicians and/or Custodian of Medical / Billing Records 2225 Williams Trace Blvd., Suite 104 Sugar Land, Texas 77478 281/980-2997 Plaintiff's medical / healthcare provider. 9) Willowbrook Cardiovascular Associates Physicians and/or Custodian of Medical / Billing Records 6560 Fannin, Suite 820 Houston, Texas 77030 713/791-1978 Plaintiff's medical / healthcare provider. 10) Bradley Beckman, M.D. Physicians and/or Custodian of Medical / Billing Records 909 Frostwood, Suite 105 Houston, Texas 77024 713/984-2222 Plaintiff's medical / healthcare provider. 11) Jeffrey C. Whitsett, M.D. Physicians and/or Custodian of Medical / Billing Records 1237 Campbell Road Houston, Texas 77055 T\A-RKTVO401 S\DISCOVER Y\Designation-Experts.doc @ Plaintiff's medical / healthcare provider. 12) Frank Lanza, M.D. Physicians and/or Custodian of Medical / Billing Records 7777 Southwest Freeway. Suite 762 Houston. Texas 77074 713/977-9095 Plaintiff's medical / healthcare provider. 13) Keith H. Fiman, M.D., P.A. Physicians and/or Custodian of Medical / Billing Records 16659 Southwest Freeway, Suite 151 Sugar Land, Texas 77479 281/491/9779 Plaintiff's medical / healthcare provider. 14) Family Practice Associates Physicians and/or Custodian of Medical / Billing Records 14823 Southwest Freeway Sugar Land, Texas 77479 281/240-6000 Plaintiff's medical / healthcare provider. 15) Sweetwater Medical Associates Physicians and/or Custodian of Medical / Billing Records 16651 Southwest Freeway Sugar Land, Texas 77479 281/494-4900 Plaintiff's medical / healthcare provider. 16) Methodist Sugar Land Hospital Physicians and/or Custodian of Medical / Billing Records 16655 Southwest Freeway Sugar Land, Texas 77479 281/274-7000 Plaintiff's medical / healthcare provider. 17) Kelsey Seybold Clinic Fort Bend Medical & Diagnostic Center Physicians and/or Custodian of Medical / Billing Records 11555 University Blvd. Sugar Land, Texas 77478 713/442-9100 Plaintiff's medical / healthcare provider. EAA-RKTN0401 SWDISCOVER Y\Designation-Experts.doc @ 18) Fort Bend County EMS Physicians and/or Custodian of Medical / Billing Records 4336 Highway 36 South Rosenberg, Texas 77474 281/342-7233 Plaintiff's medical / healthcare provider. 19) South Texas Cardiovascular Associates Physicians and/or Custodian of Medical / Billing Records 4330 Medical Drive, Suite 1001 San Antonio, Texas 78229 210/692-8811 Plaintiff's medical / healthcare provider. 20) Methodist Hospital Physicians and/or Custodian of Medical / Billing Records 7700 Floyd Cur! Drive San Antonio, Texas 78229 210/575-4000 Plaintiff's medical / healthcare provider. 21) Dennis Thone, M.D. Physicians and/or Custodian of Medical / Billing Records Address Not Known Salt Lake City, Utah Plaintiff's medical / healthcare provider. 22) St. Mark's Hospital Physicians and/or Custodian of Medical / Billing Records 1200 East 3900 South Salt Lake City, Utah 84124 801/268-7111 Plaintiff's medical / healthcare provider. 23) Medicare Custodian of Medical / Billing Records 7500 Security Blvd. Baltimore, Maryland 21244-1850 800/633-4227 Plaintiff's medical / healthcare provider. 24) United Healthcare - AARP Division Custodian of Medical / Billing Records P. O. Box 740819 Atlanta, Georgia 30374 LAA-RKT\O401 S\DISCOVERY \Designation-Experts.doc ® 800/523-5800 Plaintiff's medical / healthcare provider. 25) Any and all of the Plaintiff's medical / healthcare providers, who are unknown at this time, that are familiar with the diagnosis, treatment, and prognosis of Kurt Jardine, and any pre-exisiting or subsequent condition(s) related to the injuries allegedly sustained in the collision made the basis of this suit. The above-referenced medical physicians, personnel and facilities, known or unknown, are not hired experts but are medical treatment providers who may testify regarding Plaintiff's medical condition and medical treatment as a result of the injuries and damages he allegedly sustained as a result of the incident made the basis of this suit Their opinions and statements are expressed in their medical and business records. It is anticipated the custodians of records may testify regarding reasonable and necessary care and treatment. It is further anticipated the above-referenced medical providers will testify about the medical condition and medical treatment of Plaintiff, including medical history, examinations, testing, treatment, diagnoses, prognoses, limitations, impairment, disability, pain and suffering, and relationship of Plaintiff's injuries to the incident made the basis of this lawsuit. It is anticipated these witnesses will also testify about the necessity and reasonableness of the treatment of the Plaintiff for injuries allegedly sustained in the accident made the basis of this suit and their qualifications and credentials. The Custodians of Record listed above will testify as to whether the specific records and designated records are business records pursuant to Rule 902(10) of the Texas Rules of Evidence. The aforementioned custodians of all plaintiff's medical, employment, IRS, social security, insurance, and worker’s compensation records, or any other records offered into evidence in this lawsuit have knowledge of the applicable records. As for the names, addresses and telephone numbers, please see Plaintiff's Responses to Requests for Disclosure, Plaintiff's Answers to Interrogatories, Plaintiff's Responses to Requests for Production, and Plaintiff's Designation of Expert Witnesses, Defendant's Responses to Requests for Disclosure, Defendants’ Answers to Interrogatories, Defendant's Responses to Requests for Production, and Defendants’ Designation of Expert Witnesses, and the records which have or will be subpoenaed in this lawsuit. MI. Defendants designate and/or cross-designate those expert witnesses who have been designated by Plaintiff's counsel, and such may be called and examined or cross-examined to testify regarding any area for which such witnesses have been designated to testify, or on which such L:AA-RKT\O401 S\DISCOVER Y\Designation-Experts.doc @ e witnesses may render an expert opinion. In this connection, please refer to Plaintiff's Designations, their reports, and their deposition testimony if they have been or will be deposed. Iv. Defendants reserve the right to elicit, by way of cross-examination, opinion testimony from experts designated and called by other parties to this suil. Vv. Defendants reserve the right to call undesignated, rebuttal expert witnesses whose testimony cannot be reasonably foreseen until the presentation of the evidence against Plaintiff. Vi. Defendants reserve the right to withdraw the designation of any expert and to aver positively that any such previously designated expert will not be called as a witness to trial and to re-designate same as a consulting expert who cannot be called by opposing counsel. VIL. Defendants reserve the right to clicit opinion or lay opinion testimony at the time of tial which would be truthful, which would be of benefit to the jury to determine material issues of fact and which would not be violative of any existing court order of the Texas Rules of Civil Procedure. VIL. Defendants hereby designate as adverse parties, potentially adverse parties and/or as Witnesses associated with the adverse parties, all parties to this lawsuit and all experts designated by any party to this lawsuit, even if the designated party is not a party to the lawsuit at the time of trial. In the event a present or future party designates an expert but then is dismissed for any reason from this suit or fails to call any designated expert, Defendants reserve the right to designate and/or call any such party or any such expert previously designated by any party. LAA-RKTIO401 S\DISCOVERY \Designation-Experts.doc @ @ IX Defendants reserve whatever additional rights it may have with regard to experts, pursuant to Texas Rules of Civil Procedure, the Texas Rules of Civil Evidence, the case law construing same and the rulings of the trial court. Xx Defendants reserve the right to supplement this Designation with additional designations of experts within the time limits imposed by the Court, or any alterations of same by subsequent court order or agreement of the parties, or pursuant to the Texas Rules of Civil Procedure and/or the Texas Rules of Civil Evidence. XL Please consider this Designation a supplementation of all discovery requests seeking information regarding Defendants’ expert witnesses or person with knowledge of relevant facts. Respectfully submitted, HANDLIN & ASSOCIATES nKou On ROBIN KATHLEEN T LOR TBA #24008130 VAN GARDNER TBA #07656800 2777 Allen Parkway, Suite 370 Houston, Texas 77019 713/831-4800 / 713/831-4848 (fax) ATTORNEY FOR DEFENDANTS DONNIE J. KEMPER AND MOODY INTERNATIONAL, INC L:AA-RKT\040 | S\DISCOVER Y\Designation-Experts.doc e CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of the above and foregoing Defendants’ Designation of Experts has been forwarded by Certified Mail, Return Receipt Requested, Facsimile Transmission, Hand Delivery and/or Regular Mail, on this the lay of December, 2009. Richard Schechter Law Office of Richard Schechter, P.C. One Greenway Plaza, Suite 740 Houston, Texas 77046-0102 B. Vic Shapiro Law Office of B. Vic Shapiro 5718 Westheimer, Suite 940 Houston, Texas 77056 L:\A-RKTIO40 1 S\DISCOVER Y\Designation-Experts.doc @ e 11734 FM'1960 West Richard M. Larrey, M.D., P.A. Phone: (713) 795-4963 Houston, Texas 77065 Orthopedic Surgery Fax: (281) 807-4964 Board Certified A.B.0.S. CURRICULUM VITAE Date: of Birth: March 3, 1950 Place: Texas City, Texas Edusation: The Leysin American School, Leysin, Switzerland 1962-1963 Bellaire Senior High School, Houston, Texas 1963-1966 The University of Texas, Austin, Texas 1966-1970 B.A. with Special Honors, Plan II - Liberal Arts Honors Program, Phi Beta Kappa Washington University Medical School, St. Louis, MO 1970-1974 M.D. - upper 1/4 of the class Graduate Training: Surgery internship: Case Western Reserve Affiliated Hospitals Cleveland, Ohio 1974-1975 Surgery Residency Columbia-Presbyterian Medical Center New York, New York 1975-1976 Orthopedic Training: Asst. Resident, Resident, Junior Annie C. Kane Fellow New York Orthopedic Hospital Columbia-Presbyterian Medical Center, New York, New York 1976-1979 Private Practice: Texas Medical Center, Houston, Texas 1979-now Licenses: Texas #F4918 6/13/1979 Exaininations: Medical Examinations: National Board Medica! Examiners 1975 Percentile Orthopedic Examinations: In service exams 93% 1976 89% 1977 91% 1978 American Board Orthopedic Surgery Cartification Exam 95% 1980 American Academy of Orthopedic Surgery, 92% 1988 Knowledge Update & Self Assessment Exams: General Orthopedics 92% 1988 Adult Reconstructive Surgery of Hip & Knee 95% 1988 Professional Societies: e Harr s County Medical Society 1979 Texzis Medical Association 1979 Hou:ston Orthopedic Society 1981 American Academy of Orthopedic Surgery 1986 Nort1 American Spine Society 1992 Teaching Appointments: Clinical Instructor Baylor College of Medicine 1979-now Clinical Instructor University of Texas Medica! 1979-1987 School at Houston - Hos)ital Appointments: Methodist Hospital St. Luke's Hospitat Cypress Fairbanks Madical Center Memorial Hermann Katy Hospital Willowbrook Methodist Hospital Mentorial City Hospital Presentations, Papers & Publications: Sen or Thesis, University of Texas, "The Economics of American Medicine.” The late results of fasciotomy for tennis elbow: A long term follow-up study. Goldberg, V.M., Posch, J., Larrey, R.M. Clin. Orth. 135:179 1978. Presented American Academy Orthopedic Surgeons, Dallas, 1978. Meeting is: Tachjian, Mihrin O. Pediatric Review Course San Francisco, CA 1978 A.O A. Residents Conference San Antonio, TX 1978 Maine Orthopedic Review Colby College, ME 1980 Arthroscopic Surgery of the Knee Salt Lake, UT 1981 Arthroscopic Surgery & Related Problems Dallas, TX 1981 15th Annual Shrine Lectureship Houston, TX 1987 LeRoy Hanson Lectureship Houston, TX 1987 Hanis Hip Course & Workshop Boston, MA 1988 Ed Smith Lect.-tlazarov Tech. & Workshop Houston, TX 1988 Gro:s-Kempfea Course & Workshop New Orleans, LA 1988 Orth ofix Workshop Houston, TX 1989 Mimi Barnhart Lectureship Houston, TX 1989 Richards ltazaroy Tech & Workshop on Non-union Houston, TX 1989 Curent Concepts ACL in Reconstruction Houston, TX 1990 Surjical Concepts in Sports Medicine Houston, TX 1990 Joe King Lectureship “Injuries to the Throwing Shoulder and Elbow" Theary & Application of Spinal e @ Instrumentation Using Pedicle Screws at _.A. Orthopedic Hospital Los Angeles, CA 1991 SRS/NASS Advanced Pedicle Fixation of the Lunbar Spine Phoenix, AZ 1991 Kaneda Anterior Spinal Fixation Houston, TX 1991 Rognzinski Workshop-Tech. in Spinal Fixation Houston, TX 1992 North American Spine Society Annual Meeting Boston, MA 1992 SRS/NASS Adv Pedicle Fixation-Lumbar Spine Disneyworld, FL 1993 AADEP TWCC Evaluation Workshop Houston, TX 1993 North American Spine Society Annual Meeting Minneapolis, MN 1994 Ruslt - Presbyterian - St. Luke's - Meeting Chicago, IL 1994 Anterior Surgery of the Spine Mimi Barhart Lecturaship-"The Multiply Injured Chitd Houston, TX 1995 AADEP - AMA Guides Training Course Arlington, TX 1996 SPINETECH - Lumbar Interbody Fusion of the Spine Minneapolis, MN 1996 GEN ZYME - Tissue Repair Houston, TX 1998 Baylor Sports Madicine Institute - Houston, TX 1998 Arthroscopic Surgery Training Series St. Luke's Annual Symposia Houston, TX 16th Children's Orthopedics, Part | 1980 17th Children's Orthopedics, Part 1981 18th Major Orthopedic Trauma of the Extremities 1982 19th The Foot and Ankle: Assessment & Management 1983 20th Cervical Spine Update - 1984 1984 21st Total Joint Replacement - The State of the Art 1985 22nd Controversies in Lumbar Spine Surgery 1986 23rd Complications & Revisions of Total Hips & Knees 1987 24th The Shoulder 1988 25th Trauma Update 1989 26th Surgical Management of the Arthritic Knee 1990 27th Foot Surgery & Ass. Complications 1991 28th Recent Advances in Lumbar Surgery-Diag & Mgmt 1992 29th Diseases of the Cervical Spine 1993 30th Complications & Revisions of THR & TKR 1994 31th Percutaneous Evaluation and Treatment of Spinal Pathology 1995 32th Treatment of Hip and Knee Arthritis in the Young Adult 1996 34th Traditional and Alternative Approaches to the Management of Back Pain 1998 American Academy of Orthopedic Surgeons Ann Jal Meeting San Francisco, CA 1978 Ann sal Meeting New Orleans, LA 1982 Ann Jal Meeting Atlanta, GA 1984 Summer Institute New York, NY 1985 Instr. Course #071 The Shoulder Update-1985 Richmond, VA 1985 Annual Meeting New Orleans, LA 1986 Tote! Knee #619 New York, NY 1988 Ann sal Meeting New Oneans, LA 1990 ® Spucialty Day 058 ASES Ins‘. Courses: 103 The Adult Foot Wil/; 329 Low Back Pain III/IV Annual Meeting Anaheim, CA 1991 Specialty Day 058 ASES Ins, Courses: Total Hip Ravision-125/225/325/425 Annual Meeting New Orleans 1994 Spacialty Day FOSA-Spine Insz. Courses 115 Spondylolysis; 225 Anterior Cervical Fusion Annual Meeting New Orleans, LA 1998 Arthroscopy Association of North America Annual Meeting Dallas, 2002 Annual Meeting New Orleans, LA 2003 Currant Regular Meetings (CME) Baylor-Methodist Wednesday Grand Rounds Weekly Baylor-Methodist Thursday Spine Conference Weekly