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2/\ ANTHONY F, PINELLI (CA Bar No. 111968)
GINA D. HUETTEL (CA Bar No. 1571
wv WILLIAMS, PINELLI & CULLEN
1960 The Alameda, Suite 195
San Jose, California 95126
Telephone: (408 288-3868 FILED
Facsimile: (408) 288-3860 SAN MOTED oMuNTy
JAN 1 6 2019
pee:
Attorneys for Defendant,
Patrick lullins
Court
IN THE SUPERIOR COURT THE STATE OF CALIFORNIA’
IN AND FOR THE COUNTY OF SAN MATEO - UNLIMITED
10 Chun Ho Lee, Lili Lee, CASE NO. 17CIV05966 /
11 Plaintiffs,. DECLARATION OF PETER
CASS: INI, M.D. IN SUPPORT OF
12 Vv MOTIO! N TO COMPEL
NEUROLOGICAL EXAM OF
13 Patrick FortunateMullins; etal., PLAINTIFF
14 Defendants. . Date: February19, 2019
Time: 9:00 a.m.
YY FAX
15
“oo Dept: Law and Motion
|
16 ! Declaration in Support Complaint Filed: December 29, 2017
17
18
_ ting NN
— a >
Trial: April 2, 2019
19 I, Peter Cassini, M.D. having personal knowledge of the within stated facts could and
20 would testify competently to the following if called upon to do so:
21 1. 1am a board certified neurologist who has conducted hundreds of IMEs. Many of the
IMEs | have performed have involved cases where a plaintiff is making a claim for TBI
23 (traumatic brain injury) or some kind of cognitive deficit. A copy of my Curriculum Vitae is
attached hereto as Exhibit A.
2. I was asked by defense counsel to examine Plaintiff for a brain injury as well as
26 complaints related to plaintiff's arm/shoulder and leg. | was provided with medical records to
-l-
DECLARATION OF PETER CASSINI, M.D. IN SUPPORT OF MOTION TO COMPEL NEUROLOGICAL EXAM
OF PLAINTIFF
review.
1
2] 3.1 was also provided with and reviewed Plaintiff's Response to the IME and did not have
any particular concern about proceeding forward with the IME.
4] 4. The Plaintiff appeared for the IME with a Chinese speaking representative of Plaintiff
counsel’s office. A Chinese interpreter was also present to translate my questions. I began the
6 || exam by explaining the purpose of the exam and was quickly told that the nature and scope of
7/ the exam would be limited.
5.1 was advised by the representative from plaintiff counsel’s office that I would not be
allowed to ask any questions of plaintiff that might elicit a response to movements performed
10] during the exam. Under the conditions as I understood them, it was impossible to go forward
ll with an exam where the representative from plaintiff counsel’s office had to determine if each
12 | question went into the realm of being a “mental” examination and where responses to the
13] physical exam were to be limited or barred.
14 6. Being that the plaintiff’s TBI claim is allegedly related to the motor vehicle incident and
15] an injury to his head,a neurological exam of the head to include certain questions about his brain
16 functioning is appropriate and is not deemed a “mental” exam. To the extent that some of the
17 plaintiff’s TBI related claims like memory issues would have a physically or biologically related
18 reason, it is prudent for me to have the ability to perform a basic battery of tests that could flesh
19 out or otherwise explain plaintiff’s complaints.
7.1 understood that a neuropsychological examination was being discussed and it was not
21 my intent to perform any tests that would be used in a neuropsychological IME.
8. It has been my experience in the past that cases involving claims of brain injury often
23 include a neurological examination as I would perform to evaluate the scope and causation for
24 aclaim and a neuropsychological examination with specific tests that would evaluate the extent
>| of any alleged brain injury. The purposes of the two exams are different and distinct.
2611 9. As a neurologist, I was also prepared to examine plaintiff’s shoulder/arm and leg
complaints. As noted above, a physical exam of even these areas was not possible.
-2-
DECLARATION OF PETER CASSINI, M.D. IN SUPPORT OF MOTION TO COMPEL NEUROLOGIICAL EXAM
OF PLAINTIFF
I declare under penalty of perjury that the foregoing is true and correct as executed on
January __, 2019 in Palo Alto, California.
By:
‘ASSINI, M.D.
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DECLARATION OF PETER CASSINI, M.D. IN SUPPORT OF MOTION TO COMPEL NEUROLOGICAL EXAM
OF PLAINTIFF
EXHIBIT “A?
PETER C. CASSINI,M.D.
326 BRYANT STREET, PALO ALTO CA 94301
TELEPHONE:650.324.4300 FACSIMILE:650.529.0788
EDUCATION
1980- 1984 Indiana University Bloomington, IN
Bachelor of Science
» Biology
1985 - 1989 Ohio State University Columbus, OH
Master of Science
= Anatomy
1989 - 1993 Medical College of Ohio Toledo, OH
Medical Doctorate
POSTGRADUATE TRAINING
1993 - 1994 University of Cal. at Davis Med. Center Sacramento, CA
Intern
= Category one Internal Medicine
1994 - 1997 Stanford University Medical Center Stanford, CA
Resident in Nenrology
= Chief Resident 1996 - 1997
1997 - 1998 Stanford University Stanford, CA
California Pacific Medical Center San Francisco, CA
Neuromuscular Fellow
« Electrodiagnostic technique, clinical drug trials and subspecialty clinics
PUBLICATIONS
Therapy of Brain Tumors: Studies on the Distribution of DHE (Di -
Hematoporphyrin Ether) in Normal and Experimental Neoplastic Brain
Tissues in Rats; Olivia A, Sawaya R, Wessler T, Cassini P, Liwnicz B, Pensak M,
Tew JM Jz; Photodynamic Gerosa MA et al (eds) Brain Tumors Biopathology and
Therapy (Advances in Bioscience, Vol. 58). 1986 Pergamin Press.
.
Localization of Motoneurons Innervating the Stylopharyageus Muscle in
the Cat; Van Loveren H, Saunders M, Cassini P, KellerJ; Neuroscience Letters,
58: 251-255 (1985).
‘The Distribution of Bulbospinal Serotoninergic Neurons that Co-Contain
Enkephalin or substance-P in the Nosth American Opossum; Reddy Y,
Cassini P, Ho R, Martin G; The Journal of Comparative Neurology, 294: 96-108
(1990)
The Brainstem Origin of Enkephalin- and Substance-P-like
Immunoreactive Axons in the Spinal Cord of the North American
Opossum; Cassini P, Ho R, Martin G; Brain Behav Evol, 34: 212-222 (1989)
Stereotactic Photodynamic Therapy of C6 Gliomas in Rats: Morphological
observations and Clinical Implications; Van Loveren H, Cassini P; Poster
presentation, American Association of Neurological Surgeons, Denver, CO, April
1986
A New Multi-night, Self-administered Home Diagnostic Device for Sleep
Disordered Breathing: Ease of Use in 50 Patients; Adornato B, Cassini P;
Poster presentation, American Academy of Neurology; 54 annual meeting
Spring 2002
CLINICAL RESEARCH
Phase III trial of Gabapentin in ALS
Phase III trial of Gabapentin in SMA.
Phase If trial of Sanofi (SR.57746A) in ALS
Phase III trial of Mestinon in Post Polio Syndrome
Stoke Prevention Stay atorvasatin(Lipitos)
AWARDS RECEIVED
Jan Langman Award for outstanding research in the field of Anatomy by a
graduate student (awarded to ten individuals nationally).
Twice honored by the Ohio State University for work as an assistant instructor
in
Anatomy and Neuroanatomy.
Selected for a student fellowship by the Mayfield Institute of Neurology and
Neurosurgery.
LICENSURE
California #G080202 11/9/1994
CERTIFICATION
Diplomate American Board of Psychiatry and Neurology
PROFFESSIONAL EXPERIENCE
The Oregon Clinic, P.C., Private Practice TASB to 10/1999
Palo Alto California, Private Practice 10/1999 to present
Stanford University Department of Neurology
Clinical Instructor 11/1999 to 9/2001
Stanford University Department of Neurology
Clinical Assistant Professor Neurology 9/2001 to present
Stanford University Medical Center
Deputy Chief for the Department of Neurology 10/2004 to present
Stanford Hospital and Clinics Bylaws Committee 5/2005 to 4/2007
Stanford Hospital and Clinics Clinical Advisory Team. 5/2005 to 4/2007
Board of Directors Santa Clara County Medical Asso. 7/2008 to 7/2015
Santa Clara County Medical Asso. Bioethics Committee 7/2008 to 7/2015
HOSPITIAL AFFILIATIONS
Stanford University Medical Center 9/1999 to present
Palo Alto VA Hospital 1/2000 to 7/2012
PERSONAL INFORMATION
Date of Birth: 6/27/1962
Place of Birth: Ciacionati, Obio
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2/\ ANTHONY F, PINELLI (CA Bar No. 111968) GINA D. HUETTEL (CA Bar No. 1571 wv WILLIAMS, PINELLI & CULLEN 1960 The Alameda, Suite 195 San Jose, California 95126 Telephone: (408 288-3868 FILED Facsimile: (408) 288-3860 SAN MOTED oMuNTy JAN 1 6 2019 pee: Attorneys for Defendant, Patrick lullins Court IN THE SUPERIOR COURT THE STATE OF CALIFORNIA’ IN AND FOR THE COUNTY OF SAN MATEO - UNLIMITED 10 Chun Ho Lee, Lili Lee, CASE NO. 17CIV05966 / 11 Plaintiffs,. DECLARATION OF PETER CASS: INI, M.D. IN SUPPORT OF 12 Vv MOTIO! N TO COMPEL NEUROLOGICAL EXAM OF 13 Patrick FortunateMullins; etal., PLAINTIFF 14 Defendants. . Date: February19, 2019 Time: 9:00 a.m. YY FAX 15 “oo Dept: Law and Motion | 16 ! Declaration in Support Complaint Filed: December 29, 2017 17 18 _ ting NN — a > Trial: April 2, 2019 19 I, Peter Cassini, M.D. having personal knowledge of the within stated facts could and 20 would testify competently to the following if called upon to do so: 21 1. 1am a board certified neurologist who has conducted hundreds of IMEs. Many of the IMEs | have performed have involved cases where a plaintiff is making a claim for TBI 23 (traumatic brain injury) or some kind of cognitive deficit. A copy of my Curriculum Vitae is attached hereto as Exhibit A. 2. I was asked by defense counsel to examine Plaintiff for a brain injury as well as 26 complaints related to plaintiff's arm/shoulder and leg. | was provided with medical records to -l- DECLARATION OF PETER CASSINI, M.D. IN SUPPORT OF MOTION TO COMPEL NEUROLOGICAL EXAM OF PLAINTIFF review. 1 2] 3.1 was also provided with and reviewed Plaintiff's Response to the IME and did not have any particular concern about proceeding forward with the IME. 4] 4. The Plaintiff appeared for the IME with a Chinese speaking representative of Plaintiff counsel’s office. A Chinese interpreter was also present to translate my questions. I began the 6 || exam by explaining the purpose of the exam and was quickly told that the nature and scope of 7/ the exam would be limited. 5.1 was advised by the representative from plaintiff counsel’s office that I would not be allowed to ask any questions of plaintiff that might elicit a response to movements performed 10] during the exam. Under the conditions as I understood them, it was impossible to go forward ll with an exam where the representative from plaintiff counsel’s office had to determine if each 12 | question went into the realm of being a “mental” examination and where responses to the 13] physical exam were to be limited or barred. 14 6. Being that the plaintiff’s TBI claim is allegedly related to the motor vehicle incident and 15] an injury to his head,a neurological exam of the head to include certain questions about his brain 16 functioning is appropriate and is not deemed a “mental” exam. To the extent that some of the 17 plaintiff’s TBI related claims like memory issues would have a physically or biologically related 18 reason, it is prudent for me to have the ability to perform a basic battery of tests that could flesh 19 out or otherwise explain plaintiff’s complaints. 7.1 understood that a neuropsychological examination was being discussed and it was not 21 my intent to perform any tests that would be used in a neuropsychological IME. 8. It has been my experience in the past that cases involving claims of brain injury often 23 include a neurological examination as I would perform to evaluate the scope and causation for 24 aclaim and a neuropsychological examination with specific tests that would evaluate the extent >| of any alleged brain injury. The purposes of the two exams are different and distinct. 2611 9. As a neurologist, I was also prepared to examine plaintiff’s shoulder/arm and leg complaints. As noted above, a physical exam of even these areas was not possible. -2- DECLARATION OF PETER CASSINI, M.D. IN SUPPORT OF MOTION TO COMPEL NEUROLOGIICAL EXAM OF PLAINTIFF I declare under penalty of perjury that the foregoing is true and correct as executed on January __, 2019 in Palo Alto, California. By: ‘ASSINI, M.D. 10 1 12 13 14 15 16 17 18 19 20 21 22 23 24 26 -3- DECLARATION OF PETER CASSINI, M.D. IN SUPPORT OF MOTION TO COMPEL NEUROLOGICAL EXAM OF PLAINTIFF EXHIBIT “A? PETER C. CASSINI,M.D. 326 BRYANT STREET, PALO ALTO CA 94301 TELEPHONE:650.324.4300 FACSIMILE:650.529.0788 EDUCATION 1980- 1984 Indiana University Bloomington, IN Bachelor of Science » Biology 1985 - 1989 Ohio State University Columbus, OH Master of Science = Anatomy 1989 - 1993 Medical College of Ohio Toledo, OH Medical Doctorate POSTGRADUATE TRAINING 1993 - 1994 University of Cal. at Davis Med. Center Sacramento, CA Intern = Category one Internal Medicine 1994 - 1997 Stanford University Medical Center Stanford, CA Resident in Nenrology = Chief Resident 1996 - 1997 1997 - 1998 Stanford University Stanford, CA California Pacific Medical Center San Francisco, CA Neuromuscular Fellow « Electrodiagnostic technique, clinical drug trials and subspecialty clinics PUBLICATIONS Therapy of Brain Tumors: Studies on the Distribution of DHE (Di - Hematoporphyrin Ether) in Normal and Experimental Neoplastic Brain Tissues in Rats; Olivia A, Sawaya R, Wessler T, Cassini P, Liwnicz B, Pensak M, Tew JM Jz; Photodynamic Gerosa MA et al (eds) Brain Tumors Biopathology and Therapy (Advances in Bioscience, Vol. 58). 1986 Pergamin Press. . Localization of Motoneurons Innervating the Stylopharyageus Muscle in the Cat; Van Loveren H, Saunders M, Cassini P, KellerJ; Neuroscience Letters, 58: 251-255 (1985). ‘The Distribution of Bulbospinal Serotoninergic Neurons that Co-Contain Enkephalin or substance-P in the Nosth American Opossum; Reddy Y, Cassini P, Ho R, Martin G; The Journal of Comparative Neurology, 294: 96-108 (1990) The Brainstem Origin of Enkephalin- and Substance-P-like Immunoreactive Axons in the Spinal Cord of the North American Opossum; Cassini P, Ho R, Martin G; Brain Behav Evol, 34: 212-222 (1989) Stereotactic Photodynamic Therapy of C6 Gliomas in Rats: Morphological observations and Clinical Implications; Van Loveren H, Cassini P; Poster presentation, American Association of Neurological Surgeons, Denver, CO, April 1986 A New Multi-night, Self-administered Home Diagnostic Device for Sleep Disordered Breathing: Ease of Use in 50 Patients; Adornato B, Cassini P; Poster presentation, American Academy of Neurology; 54 annual meeting Spring 2002 CLINICAL RESEARCH Phase III trial of Gabapentin in ALS Phase III trial of Gabapentin in SMA. Phase If trial of Sanofi (SR.57746A) in ALS Phase III trial of Mestinon in Post Polio Syndrome Stoke Prevention Stay atorvasatin(Lipitos) AWARDS RECEIVED Jan Langman Award for outstanding research in the field of Anatomy by a graduate student (awarded to ten individuals nationally). Twice honored by the Ohio State University for work as an assistant instructor in Anatomy and Neuroanatomy. Selected for a student fellowship by the Mayfield Institute of Neurology and Neurosurgery. LICENSURE California #G080202 11/9/1994 CERTIFICATION Diplomate American Board of Psychiatry and Neurology PROFFESSIONAL EXPERIENCE The Oregon Clinic, P.C., Private Practice TASB to 10/1999 Palo Alto California, Private Practice 10/1999 to present Stanford University Department of Neurology Clinical Instructor 11/1999 to 9/2001 Stanford University Department of Neurology Clinical Assistant Professor Neurology 9/2001 to present Stanford University Medical Center Deputy Chief for the Department of Neurology 10/2004 to present Stanford Hospital and Clinics Bylaws Committee 5/2005 to 4/2007 Stanford Hospital and Clinics Clinical Advisory Team. 5/2005 to 4/2007 Board of Directors Santa Clara County Medical Asso. 7/2008 to 7/2015 Santa Clara County Medical Asso. Bioethics Committee 7/2008 to 7/2015 HOSPITIAL AFFILIATIONS Stanford University Medical Center 9/1999 to present Palo Alto VA Hospital 1/2000 to 7/2012 PERSONAL INFORMATION Date of Birth: 6/27/1962 Place of Birth: Ciacionati, Obio