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Daniel L. Carter (State Bar No.: 250711) ELECTRONICALLY FIL ED
ACCIDENT, INJURY, AND MEDICAL MALPRACTICE superior Court of Califorr la,
ATTORNEYS OF CALIFORNIA, APC County of Placer
2445 Capitol Street, Suite 105
Fresno, California 93721 —_ 09/01/2020
Phone: 559-485-1212 @ Fax: 559-485-1210 By: OliviaLucatuorto, Deputy Cle
Attorneys for Plaintiffs, GUY FISCHER and MICHELLE SROKA
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF PLACER
GUY FISCHER, an individual; and Case No.: S-CV-0038529
MICHELLE SROKA, an individual,
, STATEMENT OF THE CASE;
Plaintiffs, DECLARATION OF DANIEL L. CARTER
a
IN SUPPORT OF REQUEST FOR COURT
vs. (DEFAULT) JUDGMENT
KHRYSTIN STROBLE, an individual;
HEIGHTS FOR LIFE, LLC dba MASSAGE
HEIGHS, an unknown entity; and DOES 1
THROUGH 20,
Defendants.
STATEMENT OF THE CASE
On or about July 4, 2015, plaintiffs GUY FISCHER and MICHELLE SROKAI
(“Plaintiffs”) sought massages at Height for Life, LLC dba Massage Heights and was seen by their
employee, certified masseuse, Khrystin Stroble. While Plaintiffs received their massage, they each
complained of the amount of force used and requested less force. The standard of care required by
Defendants, and all of them, is to show such skill and knowledge, as is present in the applicable
professional community. In performing the operation, Defendants breached the standard of care
by negligently applying callous force, resulting in loss of function and ongoing pain and disability,
The true nature of the malpractice was discovered on July 10, 2015.
As a direct and proximate result of the negligently performed massage. Plaintiffs suffered!
STATEMENT OF THE CASE; DECLARATION OF DANIEL L.CARTER IN SUPPORT OF REQUEST FOR COURT
(DEFAULT) JUDGMENT
significant pain and suffering, which resulted in follow ups, magnetic resonance imaging, and
chiropractic treatments. As a result of the treatment, Plaintiffs received injuries that are permanent
causing pain, suffering, loss of function and unsightly appearance that would not have occurred
but for Defendants’ treatment.
DECLARATION OF DANIEL L. CARTER
I, DANIEL L. CARTER, declare:
1. Iam an attorney at law licensed to practice in the State of California and attorney of
record for plaintiffs GUY FISCHER and MICHELLE SROKA (“Plaintiffs”). I am familiar with
the pleadings, discovery and investigation of this case. Except for those facts stated upon
10 information and belief, Ihave personal knowledge of the facts set forth herein and, ifnecessary,
1 could and would competently testify thereto. As to those facts stated upon information and belief,
12 I believe them to be true.
13 2. I make this Declaration in support of my request for aDefault Judgment against
14 Defendant, HEIGHTS FOR LIFE, LLC dba MASSAGE HEIGHTS (“Defendant”).
15 3. On or about July 4, 2015, Defendant agreed to provide massages to Plaintiffs in the
capacity of a health care professional, and in doing so was required to act within the applicable
standard of care.
4. In providing the above medical treatment, Defendant failed to use the level of skill,
19 knowledge, and care in diagnosis and treatment that other reasonably careful members of the
20 same professional field would use in the same or similar circumstances.
2i 5. In providing the above massages, Defendant also failed to give Plaintiffs as much
information as was needed to make an informed decision, including any risk that a reasonable
person would consider important in deciding to have the proposed treatment or procedure, and
any other information would disclose to the patient under the same or similar circumstances.
25 6. As a direct and proximate result of the above massages provided by Defendant,
26 plaintiff GUY FISCHER incurred medical expenses in the amount of $2,460.00 with Thomas
27 Chiropractic, 720 Sunrise Avenue, Ste. 104, Roseville, CA 95661. A true and correct copy of
28 the medical records and billing records from Thomas Chiropractic is attached to this declaration
2
STATEMENT OF THE CASE; DECLARATION OF DANIEL L.CARTER IN SUPPORT OF REQUEST FOR COURT
(DEFAULT) JUDGMENT
as EXHIBIT “1”.
7. Asa direct and proximate result of the above massages provided by Defendant,
plaintiff GUY FISCHER incurred medical expenses in the amount of $2,222.00 with Doctor’s
Resources Company, LLC dba University Medical Imaging, 500 University Avenue, Ste. 117,
Sacramento, CA 95825. A true and correct copy of the medical records and billing records from
Doctor’s Resources Company, LLC is attached to this declaration as EXHIBIT “2”.
8. As a direct and proximate result of the above massages provided by Defendant,
plaintiff Guy Fischer incurred additional general damages for pain and suffering in the amount of
$250,000.00.
9. In litigating this matter, plaintiff Guy Fischer incurred costs by serving via certified
mail a notice of intent to sue letter to Defendant in compliance with C.C.P. 364(a). A true and
correct copy of the notice and intent letter mailed to defendant, along with the certified mail
receipt, isattached to this declaration as EXHIBIT “3”.
10. In litigating this matter, plaintiff Guy Fischer incurred costs in the amount of $283.92
(Total is $567.83 which is to be split between the two plaintiffs) by filing their Complaint with
the Superior Court of California, County of Placer. A true and correct copy of the paid invoice
reflecting a zero balance from Rapid Legal, Inc. for the Summons, Complaint and Civil Case
Cover Sheet is attached to this declaration as EXHIBIT “4”.
11. In litigating this matter, plaintiff GUY FISCHER incurred costs in the amount of
$35.00 (Total is $70.00 which is to be split between the two plaintiffs) by employing legal
process server Rapid Legal Inc. by filing the Proof of Service. A true and correct copies of one
(1) paid invoice reflecting a zero balance from Rapid Legal Inc. is attached to this declaration as
EXHIBIT “5”.
12. In litigating this matter, plaintiff GUY FISCHER incurred costs in the amount of
$50.00 (Total is $100.00 which is to be split between the two plaintiffs) by employing legal
process server One Legal by filing the Request for Dismissal against Defendant Khrystin Stroble,
True and correct copies of one (1) invoice from One Legal are attached to this declaration as
EXHIBIT “6”.
3
STATEMENT OF THE CASE; DECLARATION OF DANIEL L. CARTER IN SUPPORT OF REQUEST FOR COURT
(DEFAULT) JUDGMENT
I3. On October 3, 2017, Defendant was served with a copy of Plaintiffs’ statements
of damages. True and correct copies of Plaintiffs’ statements of damages and their proofs of
service are attached to this declaration as EXHIBIT “7”.
14. I request that the Court enter Judgment in favor of plaintiff GUY FISCHER and
against Defendant HEIGHTS FOR LIFE, LLC dba MASSAGE HEIGHTS, in the principal
amount of $4,682.00 for Plaintiff's special damages, plus interest at the rate of 10% per year,
from and after October 3, 2017 to July 28, 2020 (annual interest rate 10% x 1025 days) which
totals $1,314.81, and court costs and expenses of $488.92, plus general damages in the amount of
$250,000.00, for a total judgment of $256,451.09.
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct.
Dated: July 28, 2020 ACCIDENT, INJURY \ ALPRACTICE
Daniel L. Carter oe
Attorney for Plaintiffs, GUY FISCHER and MICHELLE
SROKA
4
STATEMENT OF THE CASE; DECLARATION OF DANIEL L.CARTER IN SUPPORT OF REQUEST FOR COURT
(DEFAULT) JUDGMENT
EXHIBIT 1
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:49 #350 P.O02/017
Thomas Chiropractic
Jared M. Thomas, D.C.
720 Sunrise Bivd Ste 104
Roseville CA 95661-4516
(916) 780-1370
August 7, 2018
Jeffrey D. Bohm
Federal ID # 45-5354632
CA
Patient #: 6502
RE: Guy Fischer
Diagnosis For Accident On 07/13/15
847. Lumbar Sprain/Strain
847.1 Thoracic Sprain/Strain
724.2 Lumbago
729.1 Myalgia/Myositis
729.5 Pain in limb
Diagnosis ICD-10
Date Service Descriptions Charge Receipt Total
07/13/15 9920425 Examination, Comprehensive 180.00 180.00
07/13/15 98943 CMT; Extraspinal, one or more 30.00 210.00
07/13/15 98941 CMT; 3-4 regions 65.00 275.00
07/14/15 98943 CMT; Extraspinal, one or more 30.00 305.00
07/14/15 98941 CMT; 3-4 regions 65.00 370.00
07/20/15 98943 CMT; Extraspinal, one or more 30.00 400.00
07/20/15 98941 CMT; 3-4 regions 65.00 465.00
07/27/15 98943 CMT; Extraspinal, one or more 30.00 495.00
07/27/15 98941 CMT; 3-4 regions 65.00 560.00
07/30/15 98943 CMT; Extraspinal, one or more 30.00 590.00
07/30/15 98941 CMT; 3-4 regions 65.00 655.00
08/06/15 98943 CMT; Extraspinal, one or more 30.00 685.00
08/06/15 98941 CMT; 3-4 regions 65.00 750.00
08/10/15 98943 CMT; Extraspinal, one or more 30.00 780.00
08/10/15 98941 CMT; 3-4 regions 65.00 845.00
08/19/15 98943 CMT; Extraspinal, one or more 30.00 875.00
08/19/15 98941 CMT; 3-4 regions 65.00 940.00
09/08/15 98943 CMT; Extraspinal, one or more 30.00 970.00
09/08/15 98941 CMT; 3-4 regions 65.00 1035.00
09/14/15 98943 CMT; Extraspinal, one or more 30.00 1065.00
09/14/15 98941 CMT; 3-4 regions 65.00 1130.00
09/15/15 98943 CMT; Extraspinal, one or more 30.00 1160.00
09/15/15 98941 CMT; 3-4 regions 65.00 1225.00
09/17/15 98943 CMT; Extraspinal, one or more 30.00 1255.00
09/17/15 98941 CMT; 3-4 regions 65.00 1320.00
09/21/15 98943 CMT; Extraspinal, one or more 30.00 1350.00
09/21/15 98941 CMT; 3-4 regions 65.00 1415.00
09/24/15 98943 CMT; Extraspinal, one or more 30.00 1445.00
09/24/15 98941 CMT; 3-4 regions 65.00 1510.00
09/29/15 98943 CMT; Extraspinal, one or more 30.00 1540.00
09/29/15 98941 CMT; 3-4 regions 65.00 1605.00
40/02/15 98943 CMT; Extraspinal, one or more 30.00 1635.00
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:49 #350 P.O0O3/017
RE: Guy Fischer August 7, 2018
Date Service Descriptions Charge Receipt Total
10/02/15 98941 CMT; 3-4 regions 65.00 1700.00
10/06/15 98943 CMT; Extraspinal, one or more 30.00 1730.00
10/06/15 98941 CMT: 3-4 regions 65.00 1795.00
10/13/15 98943 CMT; Extraspinal, one or more 30.00 1825.00
10/13/15 98941 CMT; 3-4 regions 65.00 1890.00
40/15/15 98943 CMT; Extraspinal, one or more 30.00 4920.00
10/15/15 98941 CMT; 3-4 regions 65.00 1985.00
10/21/15 98943 CMT; Extraspinal, one or more 30.00 2015.00
10/21/15 98941 CMT; 3-4 regions 65.00 2080.00
44/16/15 98943 CMT; Extraspinal, one or more 30.00 2110.00
11/16/15 98941 CMT; 3-4 regions 65.00 2175.00
12/09/15 98943 CMT; Extraspinal, one or more 30.00 2205.00
12/09/15 98941 CMT; 3-4 regions 65.00 2270.00
42/29/15 98943 CMT; Extraspinal, one or more 30.00 2300.00
12/29/15 98941 CMT; 3-4 regions 65.00 2365.00
12/30/15 98943 CMT; Extraspinal, one or more 30.00 2395.00
12/30/15 98941 CMT: 3-4 regions 65.00 2460.00
$2460.00 $0.00 $2460.00
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:50 #350 P.O04/017
Thomas Chiropractic
Jared M. Thomas, D.C.
720 Sunrise Blvd Ste 104
Roseville CA 95661-4516
(916) 780-1370
RE: Mr. Guy Fischer Account: 6502
Age: 52 DOB: 12/07/1965 Sex: Male
July 13, 2015
History of Condition:
Guy Fischer consulted me on 7/13/2015. The date of this condition is7/13/2015. On July 4, 2015 patient went
in for a massage. He was feeling good but wanted to be pampered. Massage therapist thistime was overly
agressive. Patient told her several times that she was too hard.
Left hamstring started tightening up and hurting the massage. After the massage his back started to really hurt
with pain down the leftleg.
During the firstvisit,the patient complained about very severe constant throbbing low back pain, very severe
low back muscle spasms, very severe frequent sharp low back pain, very severe constant aching mid back pain,
very severe constant aching pain inthe leftleg and severe constant dull pain inthe rightleg.
Examination:
Patellar Reflex on the right: normal
Patellar Reflex on the left: normal
Straight Leg Raise on the right:
Straight Leg Raise on the left:
Nachlas Test: negative on both sides
Pheasant Test of the cervical region: _ positive
Kemp's Test: positive with low back and leftleg pain
Lumbar lateral flexion on the right: First attempt was 20 °All with very severe pain
Lumbar lateral flexion on the left: First attempt was 10 °All with very severe pain
Lumbar rotation on the right: First attempt was 30 °All with very severe pain
Lumbar rotation on the left: First attempt was 30 °All with very severe pain
Lumbar extension: First attempt was 10 °All with very severe pain
Lumbar flexion: First attempt was 40 °All with very severe pain
Subjective Complaints:
The patient described new indications of very severe constant throbbing low back pain, very severe low back
muscle spasms and very severe constant aching mid back pain. The patient also reported new indications of
very severe constant aching pain inthe leftleg and severe constant dull pain inthe right leg.
Objective Findings:
Moderate muscle hypertonicity was revealed bilaterally in the cervical region. Examination of the thoracic
region and the lumbar region found very severe muscle hypertonicity bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a
chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the
thoracic spine. The lumbar spine was adjusted tohelp restore joint and nevous function atthe affected levels.
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:50 #350 P.OOS/017
RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 2
The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic
adjustment to the shoulders to help restore joint function.
Plan of Action:
He isfollowing a plan consisting of three visits per week.
July 14,2015
Subjective Complaints:
The patient reported remarkably severe low back muscle spasms, which are a slight worsening of the condition
since the lastvisit.The patient also complained of remarkably severe constant throbbing low back pain; this isa
littleworse since the lastvisit.He also reported symptoms of remarkably severe constant aching mid back pain,
remarkably severe occasional aching pain in the leftleg and remarkably severe occasional aching pain in the
right leg. The mid back pain is slightlyworse since his last treatment pain in the leftleg is a littleworse since
the last visit,the pain in the right leg is a slightworsening of the condition since the last visit.
Objective Findings:
Muscle hypertonicity was noted to a moderate degree affecting the cervical region bilaterally. Palpation
examination of the thoracic region and the lumbar region revealed very severe muscle hypertonicity bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a
chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work
properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.The SI
joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment
to the shoulders to help restore joint function.
Assessment:
Guy's condition is progressing as anticipated.
Plan of Action:
A schedule of three visits per week will be followed.
July 20, 2015
Subjective Complaints:
The patient reported symptoms of very severe low back muscle spasms, which are a littleimproved over the
previous visit.The patient also complained of very severe constant throbbing low back pain, which isa minimal
improvement over his previous visit.The patient also complained of very severe constant throbbing mid back
pain, very severe constant throbbing pain in the leftleg and very severe constant throbbing pain in the right leg.
The mid back pain is slightly better since the last visitpain inthe leftleg isslightly better since the lastvisit,
the pain inthe right leg is a littleimproved over the previous visit.
Objective Findings:
There was a moderately severe amount of muscle hypertonicity found inthe cervical region bilaterally.Muscle
hypertonicity was noted to a very severe degree affecting the thoracic region and the lumbar region bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a
chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work
properly. The lumbar spine was adjusted tohelp restore joint and nevous function atthe affected levels. The
patient received a chiropractic adjustment to the shoulders to help restore joint function. The SI joints were
adjusted to help restore function the affected areas.
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:51 #350 P.0O0O6/017
RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 3
Assessment:
His condition isresponding as expected,
Plan of Action:
A schedule of three visits per week will be followed.
July 27, 2015
Subjective Complaints:
The patient reported indications of very severe constant throbbing low back pain and very severe low back
muscle spasms. The low back pain is atthe same level of pain as last time and the low back muscle spasms are
at the same level of pain as lasttime. This patient also reported very severe constant aching mid back pain. This
is the same as the last visit.He also reported symptoms of very severe constant aching pain in the leftleg and
severe constant dull pain in the right leg. The pain in the leftleg is no different than the last visitand the pain in
the right leg is mildly improved over his last visit.
Objective Findings:
Examination of the cervical region noted a moderately severe degree of muscle hypertonicity bilaterally. Very
severe muscle hypertonicity atthe thoracic region and the lumbar region bilaterally was found on palpation
examination.
Treatment:
The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work
properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.The SI
joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment
to the shoulders to help restore joint function.
Assessment:
His condition isresponding satisfactorily.
Plan of Action:
Guy will be following a schedule of three visitsper week.
July 30, 2015
Subjective Complaints:
The patient reported symptoms of severe constant throbbing low back pain and severe low back muscle spasms.
The low back pain is a minimal improvement over his previous visit and the low back muscle spasms are a little
improved over the previous visit.The patient also complained of severe constant aching mid back pain, severe
constant aching pain in the left leg and severe constant dull pain in the right leg. The mid back pain is aminimal
improvement over his previous visitpain in the leftleg is a minimal improvement over his previous visit,the
pain inthe right leg is the same as the last visit.
Objective Findings:
There was evidence noted on palpation of a moderate measure of muscle hypertonicity at the cervical region
bilaterally. Muscle hypertonicity was elicited to asevere degree affecting the thoracic region and the lumbar
region bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment tothe thoracic spine tohelp restore joint function, allowing the nervous system to work
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:52 #350 P.OO7/017
RE: Mr, Guy Fischer DOB: 12/07/1965 PAGE 4
properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI
joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment
to the shoulders to help restore joint function.
Assessment:
Guy's condition is improving as expected.
Plan of Action:
Three visits per week will be scheduled for the patient.
August 6,20175
Subjective Complaints:
The patient reported symptoms of very severe constant throbbing low back pain and very severe low back
muscle spasms. The low back pain isa little
worse since the previous treatment and the low back muscle
spasms are slightly worse since his last treatment. Guy also reported indications of very severe constant aching
mid back pain, very severe constant aching pain inthe left leg and severe constant dull pain in the right leg. The
mid back pain is a slightworsening of the condition since the last visitpain inthe leftleg isa littleworse since
the previous treatment, the pain inthe right leg is unchanged from the last treatment.
Objective Findings:
Moderate muscle hypertonicity was noted bilaterally in the cervical region. Palpation of the thoracic region and
the lumbar region found very severe muscle hypertonicity bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the
thoracic spine. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.
The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic
adjustment to the shoulders to help restore joint function.
Assessment:
His condition isresponding satisfactorily.
Plan of Action:
This patient will be following aplan consisting of three visitsper week.
August 10, 2015
Subjective Complaints:
The patient reported indications of severe constant throbbing low back pain. This is mildly improved over his
last visit.He also reported symptoms of severe low back muscle spasms and severe constant aching mid back
pain. The low back muscle spasms are a minimal improvement over his previous visitand the mid back pain is
a minimal improvement over hisprevious visit.Guy also reported indications of severe constant aching pain in
the left legand severe constant dull pain in the right leg. The pain in the leftleg is slightly better since the last
treatment and the pain in the right leg is unchanged from the last treatment.
Objective Findings:
There was a mild measure of muscle hypertonicity noted in the cervical region bilaterally. There was evidence
found on palpation examination of a very severe measure ofmuscle hypertonicity at the thoracic region and the
lumbar region bilaterally.
Treatment:
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:52 #350 P.O08/017
RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE §
The treatment consisted of achiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work
properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI
joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment
to the shoulders to help restore joint function.
Assessment:
Guy's condition is responding asanticipated.
Plan of Action:
A treatment plan consisting of three visits per week will be followed.
August 19, 2015
Subjective Complaints:
The patient reported symptoms of very severe constant throbbing low back pain, very severe low back muscle
spasms, very severe constant aching mid back pain and very severe constant aching pain in the leftleg. The low
back pain is a slight worsening of the condition since the last visit,the low back muscle spasms are a little
worse since his previous visit,the mid back pain is a little
worse since the last visit,and the pain in the leftleg
is alittleworse since the last visit.This patient also reported severe constant dull pain in the right leg; this is
unchanged from the lasttreatment.
Objective Findings:
Muscle hypertonicity was noted to a moderate degree affecting the cervical region bilaterally. There was
evidence revealed on palpation of a very severe degree of muscle hypertonicity atthe thoracic region and the
lumbar region bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the
thoracic spine. The lumbar spine was adjusted tohelp restore joint and nevous function at the affected levels.
The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic
adjustment to the shoulders to help restore joint function.
Assessment:
Guy's condition is progressing as expected.
Plan of Action:
A treatment schedule of two visits per week will be followed.
September 8,2015
Subjective Complaints:
The patient complained of very severe constant throbbing low back pain, very severe low back muscle spasms
and very severe constant aching mid back pain. The low back pain is the same as the lastvisit,the low back
muscle spasms are at the same level of pain as lasttime, and the mid back pain isunchanged from the last
treatment. This patient also reported very severe constant aching pain in the left leg and severe constant dull
pain in the right leg. The pain inthe left leg isunchanged from the last treatment and the pain in the rightleg is
the same as the lastvisit.
Objective Findings:
Muscle hypertonicity was noted to a moderate degree affecting the cervical region bilaterally. Very severe
muscle hypertonicity at the thoracic region and the lumbar region bilaterally was elicitedon examination.
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:53 #350 P.O0O9/017
RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 6
Treatment:
The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work
properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI
joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment
to the shoulders to help restore joint function.
Assessment:
His condition isresponding as expected.
Plan of Action:
Two visitsper week will be scheduled for him.
September 14, 2015
Subjective Complaints:
The patient reported severe constant throbbing low back pain and severe low back muscle spasms. The low
back pain is mildly improved over hislast visitand the low back muscle spasms are a littleimproved over the
previous visit.He also reported symptoms of severe constant aching mid back pain; thisis a littleimproved
over the previous visit.Guy also reported indications of severe constant aching pain in the leftleg and severe
constant dull pain in the right leg. The pain in the left leg isslightly better since the last visitand the pain inthe
right leg is unchanged from the last visit.
Objective Findings:
There was evidence elicited on examination of a mild measure of muscle hypertonicity at the cervical region
bilaterally. Severe muscle hypertonicity atthe thoracic region and the lumbar region bilaterally was noted on
examination.
Treatment:
The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a
chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work
properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI
joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment
to the shoulders to help restore joint function.
Assessment:
The patient's condition is improving as expected.
Plan of Action:
A treatment schedule of two visitsper week will be followed.
September 15, 2015
Subjective Complaints:
The patient reported symptoms of acute constant throbbing low back pain; a little
improved over the previous
visit.He also reported symptoms of acute low back muscle spasms and acute constant aching mid back pain.
The low back muscle spasms are slightly better since the last treatment and the mid back pain isslightly better
since the lasttreatment. He also reported symptoms of acute constant aching pain in the left leg and acute
constant dull pain inthe right leg. The pain in the left leg ismildly improved over his lastvisit and the pain in
the right leg is mildly improved over his lastvisit.
Objective Findings:
From:Thomas Chiropractic 916 780 1413 08/08/2018 14:54 #350 P.010/017
RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 7
Mild muscle hypertonicity at the cervical region bilaterally was noted on palpation examination. Acute muscle
hypertonicity at the thoracic region and the lumbar region bilaterally was elicited on examination.
Treatment:
The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a
chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the
thoracic spine. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.
The S] joints were adjusted to help restore function the affected areas. The patient received a chiropractic
adjustment to the shoulders to help restore joint function.
Assessment:
The condition is improving satisfactorily.
Plan of Action:
Two visitsper week will be scheduled for the patient.
September 17, 2015
Subjective Complaints:
The patient reported acute constant throbbing low back pain, moderately severe low back muscle spasms and
acute constant aching mid back pain. The low back pain isno different than the last visit,the low back muscle
spasms are slightly better since the last treatment, and the mid back pain is unchanged from the lasttreatment.
This patient also reported moderately severe constant aching pain in the leftleg and moderately severe constant
dull pain inthe right leg. The pain in the left leg isa littleimproved over the lasttreatment and the pain in the
right leg ismildly improved over his lastvisit.
Objective Findings:
There was a mild degree of muscle hypertonicity revealed inthe cervical region bilaterally.Palpation of the
thoracic region and the lumbar region elicited an acute amount of muscle hypertonicity bilaterally.
Treatment:
The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a
chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the
thoracic spine. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.
The SJ joints were adjusted to help restore function the affected areas. The patient received a chiropractic
adjustment to the shoulders to help restore joint function.
Assessment:
The patient's condition isprogressing satisfactorily.
Plan of Action:
The patient will now be following a schedule of two visits per week.
September 21, 2015
Subjective Complaints:
The patient complained of moderately severe constant throbbing low back pain, moderate low back muscle
spasms, moderately severe constant aching mid back pain and moderate constant aching pain in the leftleg. The
low back pain is slightly better since the last treatment, the low back muscle spasms are a littleimproved over
the last treatment, the mid back pain is aminimal improvement over his previous visit,and the pain in the left
leg is a minimal improvement
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Daniel L. Carter (State Bar No.: 250711) ELECTRONICALLY FIL ED ACCIDENT, INJURY, AND MEDICAL MALPRACTICE superior Court of Califorr la, ATTORNEYS OF CALIFORNIA, APC County of Placer 2445 Capitol Street, Suite 105 Fresno, California 93721 —_ 09/01/2020 Phone: 559-485-1212 @ Fax: 559-485-1210 By: OliviaLucatuorto, Deputy Cle Attorneys for Plaintiffs, GUY FISCHER and MICHELLE SROKA SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF PLACER GUY FISCHER, an individual; and Case No.: S-CV-0038529 MICHELLE SROKA, an individual, , STATEMENT OF THE CASE; Plaintiffs, DECLARATION OF DANIEL L. CARTER a IN SUPPORT OF REQUEST FOR COURT vs. (DEFAULT) JUDGMENT KHRYSTIN STROBLE, an individual; HEIGHTS FOR LIFE, LLC dba MASSAGE HEIGHS, an unknown entity; and DOES 1 THROUGH 20, Defendants. STATEMENT OF THE CASE On or about July 4, 2015, plaintiffs GUY FISCHER and MICHELLE SROKAI (“Plaintiffs”) sought massages at Height for Life, LLC dba Massage Heights and was seen by their employee, certified masseuse, Khrystin Stroble. While Plaintiffs received their massage, they each complained of the amount of force used and requested less force. The standard of care required by Defendants, and all of them, is to show such skill and knowledge, as is present in the applicable professional community. In performing the operation, Defendants breached the standard of care by negligently applying callous force, resulting in loss of function and ongoing pain and disability, The true nature of the malpractice was discovered on July 10, 2015. As a direct and proximate result of the negligently performed massage. Plaintiffs suffered! STATEMENT OF THE CASE; DECLARATION OF DANIEL L.CARTER IN SUPPORT OF REQUEST FOR COURT (DEFAULT) JUDGMENT significant pain and suffering, which resulted in follow ups, magnetic resonance imaging, and chiropractic treatments. As a result of the treatment, Plaintiffs received injuries that are permanent causing pain, suffering, loss of function and unsightly appearance that would not have occurred but for Defendants’ treatment. DECLARATION OF DANIEL L. CARTER I, DANIEL L. CARTER, declare: 1. Iam an attorney at law licensed to practice in the State of California and attorney of record for plaintiffs GUY FISCHER and MICHELLE SROKA (“Plaintiffs”). I am familiar with the pleadings, discovery and investigation of this case. Except for those facts stated upon 10 information and belief, Ihave personal knowledge of the facts set forth herein and, ifnecessary, 1 could and would competently testify thereto. As to those facts stated upon information and belief, 12 I believe them to be true. 13 2. I make this Declaration in support of my request for aDefault Judgment against 14 Defendant, HEIGHTS FOR LIFE, LLC dba MASSAGE HEIGHTS (“Defendant”). 15 3. On or about July 4, 2015, Defendant agreed to provide massages to Plaintiffs in the capacity of a health care professional, and in doing so was required to act within the applicable standard of care. 4. In providing the above medical treatment, Defendant failed to use the level of skill, 19 knowledge, and care in diagnosis and treatment that other reasonably careful members of the 20 same professional field would use in the same or similar circumstances. 2i 5. In providing the above massages, Defendant also failed to give Plaintiffs as much information as was needed to make an informed decision, including any risk that a reasonable person would consider important in deciding to have the proposed treatment or procedure, and any other information would disclose to the patient under the same or similar circumstances. 25 6. As a direct and proximate result of the above massages provided by Defendant, 26 plaintiff GUY FISCHER incurred medical expenses in the amount of $2,460.00 with Thomas 27 Chiropractic, 720 Sunrise Avenue, Ste. 104, Roseville, CA 95661. A true and correct copy of 28 the medical records and billing records from Thomas Chiropractic is attached to this declaration 2 STATEMENT OF THE CASE; DECLARATION OF DANIEL L.CARTER IN SUPPORT OF REQUEST FOR COURT (DEFAULT) JUDGMENT as EXHIBIT “1”. 7. Asa direct and proximate result of the above massages provided by Defendant, plaintiff GUY FISCHER incurred medical expenses in the amount of $2,222.00 with Doctor’s Resources Company, LLC dba University Medical Imaging, 500 University Avenue, Ste. 117, Sacramento, CA 95825. A true and correct copy of the medical records and billing records from Doctor’s Resources Company, LLC is attached to this declaration as EXHIBIT “2”. 8. As a direct and proximate result of the above massages provided by Defendant, plaintiff Guy Fischer incurred additional general damages for pain and suffering in the amount of $250,000.00. 9. In litigating this matter, plaintiff Guy Fischer incurred costs by serving via certified mail a notice of intent to sue letter to Defendant in compliance with C.C.P. 364(a). A true and correct copy of the notice and intent letter mailed to defendant, along with the certified mail receipt, isattached to this declaration as EXHIBIT “3”. 10. In litigating this matter, plaintiff Guy Fischer incurred costs in the amount of $283.92 (Total is $567.83 which is to be split between the two plaintiffs) by filing their Complaint with the Superior Court of California, County of Placer. A true and correct copy of the paid invoice reflecting a zero balance from Rapid Legal, Inc. for the Summons, Complaint and Civil Case Cover Sheet is attached to this declaration as EXHIBIT “4”. 11. In litigating this matter, plaintiff GUY FISCHER incurred costs in the amount of $35.00 (Total is $70.00 which is to be split between the two plaintiffs) by employing legal process server Rapid Legal Inc. by filing the Proof of Service. A true and correct copies of one (1) paid invoice reflecting a zero balance from Rapid Legal Inc. is attached to this declaration as EXHIBIT “5”. 12. In litigating this matter, plaintiff GUY FISCHER incurred costs in the amount of $50.00 (Total is $100.00 which is to be split between the two plaintiffs) by employing legal process server One Legal by filing the Request for Dismissal against Defendant Khrystin Stroble, True and correct copies of one (1) invoice from One Legal are attached to this declaration as EXHIBIT “6”. 3 STATEMENT OF THE CASE; DECLARATION OF DANIEL L. CARTER IN SUPPORT OF REQUEST FOR COURT (DEFAULT) JUDGMENT I3. On October 3, 2017, Defendant was served with a copy of Plaintiffs’ statements of damages. True and correct copies of Plaintiffs’ statements of damages and their proofs of service are attached to this declaration as EXHIBIT “7”. 14. I request that the Court enter Judgment in favor of plaintiff GUY FISCHER and against Defendant HEIGHTS FOR LIFE, LLC dba MASSAGE HEIGHTS, in the principal amount of $4,682.00 for Plaintiff's special damages, plus interest at the rate of 10% per year, from and after October 3, 2017 to July 28, 2020 (annual interest rate 10% x 1025 days) which totals $1,314.81, and court costs and expenses of $488.92, plus general damages in the amount of $250,000.00, for a total judgment of $256,451.09. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Dated: July 28, 2020 ACCIDENT, INJURY \ ALPRACTICE Daniel L. Carter oe Attorney for Plaintiffs, GUY FISCHER and MICHELLE SROKA 4 STATEMENT OF THE CASE; DECLARATION OF DANIEL L.CARTER IN SUPPORT OF REQUEST FOR COURT (DEFAULT) JUDGMENT EXHIBIT 1 From:Thomas Chiropractic 916 780 1413 08/08/2018 14:49 #350 P.O02/017 Thomas Chiropractic Jared M. Thomas, D.C. 720 Sunrise Bivd Ste 104 Roseville CA 95661-4516 (916) 780-1370 August 7, 2018 Jeffrey D. Bohm Federal ID # 45-5354632 CA Patient #: 6502 RE: Guy Fischer Diagnosis For Accident On 07/13/15 847. Lumbar Sprain/Strain 847.1 Thoracic Sprain/Strain 724.2 Lumbago 729.1 Myalgia/Myositis 729.5 Pain in limb Diagnosis ICD-10 Date Service Descriptions Charge Receipt Total 07/13/15 9920425 Examination, Comprehensive 180.00 180.00 07/13/15 98943 CMT; Extraspinal, one or more 30.00 210.00 07/13/15 98941 CMT; 3-4 regions 65.00 275.00 07/14/15 98943 CMT; Extraspinal, one or more 30.00 305.00 07/14/15 98941 CMT; 3-4 regions 65.00 370.00 07/20/15 98943 CMT; Extraspinal, one or more 30.00 400.00 07/20/15 98941 CMT; 3-4 regions 65.00 465.00 07/27/15 98943 CMT; Extraspinal, one or more 30.00 495.00 07/27/15 98941 CMT; 3-4 regions 65.00 560.00 07/30/15 98943 CMT; Extraspinal, one or more 30.00 590.00 07/30/15 98941 CMT; 3-4 regions 65.00 655.00 08/06/15 98943 CMT; Extraspinal, one or more 30.00 685.00 08/06/15 98941 CMT; 3-4 regions 65.00 750.00 08/10/15 98943 CMT; Extraspinal, one or more 30.00 780.00 08/10/15 98941 CMT; 3-4 regions 65.00 845.00 08/19/15 98943 CMT; Extraspinal, one or more 30.00 875.00 08/19/15 98941 CMT; 3-4 regions 65.00 940.00 09/08/15 98943 CMT; Extraspinal, one or more 30.00 970.00 09/08/15 98941 CMT; 3-4 regions 65.00 1035.00 09/14/15 98943 CMT; Extraspinal, one or more 30.00 1065.00 09/14/15 98941 CMT; 3-4 regions 65.00 1130.00 09/15/15 98943 CMT; Extraspinal, one or more 30.00 1160.00 09/15/15 98941 CMT; 3-4 regions 65.00 1225.00 09/17/15 98943 CMT; Extraspinal, one or more 30.00 1255.00 09/17/15 98941 CMT; 3-4 regions 65.00 1320.00 09/21/15 98943 CMT; Extraspinal, one or more 30.00 1350.00 09/21/15 98941 CMT; 3-4 regions 65.00 1415.00 09/24/15 98943 CMT; Extraspinal, one or more 30.00 1445.00 09/24/15 98941 CMT; 3-4 regions 65.00 1510.00 09/29/15 98943 CMT; Extraspinal, one or more 30.00 1540.00 09/29/15 98941 CMT; 3-4 regions 65.00 1605.00 40/02/15 98943 CMT; Extraspinal, one or more 30.00 1635.00 From:Thomas Chiropractic 916 780 1413 08/08/2018 14:49 #350 P.O0O3/017 RE: Guy Fischer August 7, 2018 Date Service Descriptions Charge Receipt Total 10/02/15 98941 CMT; 3-4 regions 65.00 1700.00 10/06/15 98943 CMT; Extraspinal, one or more 30.00 1730.00 10/06/15 98941 CMT: 3-4 regions 65.00 1795.00 10/13/15 98943 CMT; Extraspinal, one or more 30.00 1825.00 10/13/15 98941 CMT; 3-4 regions 65.00 1890.00 40/15/15 98943 CMT; Extraspinal, one or more 30.00 4920.00 10/15/15 98941 CMT; 3-4 regions 65.00 1985.00 10/21/15 98943 CMT; Extraspinal, one or more 30.00 2015.00 10/21/15 98941 CMT; 3-4 regions 65.00 2080.00 44/16/15 98943 CMT; Extraspinal, one or more 30.00 2110.00 11/16/15 98941 CMT; 3-4 regions 65.00 2175.00 12/09/15 98943 CMT; Extraspinal, one or more 30.00 2205.00 12/09/15 98941 CMT; 3-4 regions 65.00 2270.00 42/29/15 98943 CMT; Extraspinal, one or more 30.00 2300.00 12/29/15 98941 CMT; 3-4 regions 65.00 2365.00 12/30/15 98943 CMT; Extraspinal, one or more 30.00 2395.00 12/30/15 98941 CMT: 3-4 regions 65.00 2460.00 $2460.00 $0.00 $2460.00 From:Thomas Chiropractic 916 780 1413 08/08/2018 14:50 #350 P.O04/017 Thomas Chiropractic Jared M. Thomas, D.C. 720 Sunrise Blvd Ste 104 Roseville CA 95661-4516 (916) 780-1370 RE: Mr. Guy Fischer Account: 6502 Age: 52 DOB: 12/07/1965 Sex: Male July 13, 2015 History of Condition: Guy Fischer consulted me on 7/13/2015. The date of this condition is7/13/2015. On July 4, 2015 patient went in for a massage. He was feeling good but wanted to be pampered. Massage therapist thistime was overly agressive. Patient told her several times that she was too hard. Left hamstring started tightening up and hurting the massage. After the massage his back started to really hurt with pain down the leftleg. During the firstvisit,the patient complained about very severe constant throbbing low back pain, very severe low back muscle spasms, very severe frequent sharp low back pain, very severe constant aching mid back pain, very severe constant aching pain inthe leftleg and severe constant dull pain inthe rightleg. Examination: Patellar Reflex on the right: normal Patellar Reflex on the left: normal Straight Leg Raise on the right: Straight Leg Raise on the left: Nachlas Test: negative on both sides Pheasant Test of the cervical region: _ positive Kemp's Test: positive with low back and leftleg pain Lumbar lateral flexion on the right: First attempt was 20 °All with very severe pain Lumbar lateral flexion on the left: First attempt was 10 °All with very severe pain Lumbar rotation on the right: First attempt was 30 °All with very severe pain Lumbar rotation on the left: First attempt was 30 °All with very severe pain Lumbar extension: First attempt was 10 °All with very severe pain Lumbar flexion: First attempt was 40 °All with very severe pain Subjective Complaints: The patient described new indications of very severe constant throbbing low back pain, very severe low back muscle spasms and very severe constant aching mid back pain. The patient also reported new indications of very severe constant aching pain inthe leftleg and severe constant dull pain inthe right leg. Objective Findings: Moderate muscle hypertonicity was revealed bilaterally in the cervical region. Examination of the thoracic region and the lumbar region found very severe muscle hypertonicity bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the thoracic spine. The lumbar spine was adjusted tohelp restore joint and nevous function atthe affected levels. From:Thomas Chiropractic 916 780 1413 08/08/2018 14:50 #350 P.OOS/017 RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 2 The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Plan of Action: He isfollowing a plan consisting of three visits per week. July 14,2015 Subjective Complaints: The patient reported remarkably severe low back muscle spasms, which are a slight worsening of the condition since the lastvisit.The patient also complained of remarkably severe constant throbbing low back pain; this isa littleworse since the lastvisit.He also reported symptoms of remarkably severe constant aching mid back pain, remarkably severe occasional aching pain in the leftleg and remarkably severe occasional aching pain in the right leg. The mid back pain is slightlyworse since his last treatment pain in the leftleg is a littleworse since the last visit,the pain in the right leg is a slightworsening of the condition since the last visit. Objective Findings: Muscle hypertonicity was noted to a moderate degree affecting the cervical region bilaterally. Palpation examination of the thoracic region and the lumbar region revealed very severe muscle hypertonicity bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: Guy's condition is progressing as anticipated. Plan of Action: A schedule of three visits per week will be followed. July 20, 2015 Subjective Complaints: The patient reported symptoms of very severe low back muscle spasms, which are a littleimproved over the previous visit.The patient also complained of very severe constant throbbing low back pain, which isa minimal improvement over his previous visit.The patient also complained of very severe constant throbbing mid back pain, very severe constant throbbing pain in the leftleg and very severe constant throbbing pain in the right leg. The mid back pain is slightly better since the last visitpain inthe leftleg isslightly better since the lastvisit, the pain inthe right leg is a littleimproved over the previous visit. Objective Findings: There was a moderately severe amount of muscle hypertonicity found inthe cervical region bilaterally.Muscle hypertonicity was noted to a very severe degree affecting the thoracic region and the lumbar region bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work properly. The lumbar spine was adjusted tohelp restore joint and nevous function atthe affected levels. The patient received a chiropractic adjustment to the shoulders to help restore joint function. The SI joints were adjusted to help restore function the affected areas. From:Thomas Chiropractic 916 780 1413 08/08/2018 14:51 #350 P.0O0O6/017 RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 3 Assessment: His condition isresponding as expected, Plan of Action: A schedule of three visits per week will be followed. July 27, 2015 Subjective Complaints: The patient reported indications of very severe constant throbbing low back pain and very severe low back muscle spasms. The low back pain is atthe same level of pain as last time and the low back muscle spasms are at the same level of pain as lasttime. This patient also reported very severe constant aching mid back pain. This is the same as the last visit.He also reported symptoms of very severe constant aching pain in the leftleg and severe constant dull pain in the right leg. The pain in the leftleg is no different than the last visitand the pain in the right leg is mildly improved over his last visit. Objective Findings: Examination of the cervical region noted a moderately severe degree of muscle hypertonicity bilaterally. Very severe muscle hypertonicity atthe thoracic region and the lumbar region bilaterally was found on palpation examination. Treatment: The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels.The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: His condition isresponding satisfactorily. Plan of Action: Guy will be following a schedule of three visitsper week. July 30, 2015 Subjective Complaints: The patient reported symptoms of severe constant throbbing low back pain and severe low back muscle spasms. The low back pain is a minimal improvement over his previous visit and the low back muscle spasms are a little improved over the previous visit.The patient also complained of severe constant aching mid back pain, severe constant aching pain in the left leg and severe constant dull pain in the right leg. The mid back pain is aminimal improvement over his previous visitpain in the leftleg is a minimal improvement over his previous visit,the pain inthe right leg is the same as the last visit. Objective Findings: There was evidence noted on palpation of a moderate measure of muscle hypertonicity at the cervical region bilaterally. Muscle hypertonicity was elicited to asevere degree affecting the thoracic region and the lumbar region bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment tothe thoracic spine tohelp restore joint function, allowing the nervous system to work From:Thomas Chiropractic 916 780 1413 08/08/2018 14:52 #350 P.OO7/017 RE: Mr, Guy Fischer DOB: 12/07/1965 PAGE 4 properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: Guy's condition is improving as expected. Plan of Action: Three visits per week will be scheduled for the patient. August 6,20175 Subjective Complaints: The patient reported symptoms of very severe constant throbbing low back pain and very severe low back muscle spasms. The low back pain isa little worse since the previous treatment and the low back muscle spasms are slightly worse since his last treatment. Guy also reported indications of very severe constant aching mid back pain, very severe constant aching pain inthe left leg and severe constant dull pain in the right leg. The mid back pain is a slightworsening of the condition since the last visitpain inthe leftleg isa littleworse since the previous treatment, the pain inthe right leg is unchanged from the last treatment. Objective Findings: Moderate muscle hypertonicity was noted bilaterally in the cervical region. Palpation of the thoracic region and the lumbar region found very severe muscle hypertonicity bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the thoracic spine. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: His condition isresponding satisfactorily. Plan of Action: This patient will be following aplan consisting of three visitsper week. August 10, 2015 Subjective Complaints: The patient reported indications of severe constant throbbing low back pain. This is mildly improved over his last visit.He also reported symptoms of severe low back muscle spasms and severe constant aching mid back pain. The low back muscle spasms are a minimal improvement over his previous visitand the mid back pain is a minimal improvement over hisprevious visit.Guy also reported indications of severe constant aching pain in the left legand severe constant dull pain in the right leg. The pain in the leftleg is slightly better since the last treatment and the pain in the right leg is unchanged from the last treatment. Objective Findings: There was a mild measure of muscle hypertonicity noted in the cervical region bilaterally. There was evidence found on palpation examination of a very severe measure ofmuscle hypertonicity at the thoracic region and the lumbar region bilaterally. Treatment: From:Thomas Chiropractic 916 780 1413 08/08/2018 14:52 #350 P.O08/017 RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE § The treatment consisted of achiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: Guy's condition is responding asanticipated. Plan of Action: A treatment plan consisting of three visits per week will be followed. August 19, 2015 Subjective Complaints: The patient reported symptoms of very severe constant throbbing low back pain, very severe low back muscle spasms, very severe constant aching mid back pain and very severe constant aching pain in the leftleg. The low back pain is a slight worsening of the condition since the last visit,the low back muscle spasms are a little worse since his previous visit,the mid back pain is a little worse since the last visit,and the pain in the leftleg is alittleworse since the last visit.This patient also reported severe constant dull pain in the right leg; this is unchanged from the lasttreatment. Objective Findings: Muscle hypertonicity was noted to a moderate degree affecting the cervical region bilaterally. There was evidence revealed on palpation of a very severe degree of muscle hypertonicity atthe thoracic region and the lumbar region bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the thoracic spine. The lumbar spine was adjusted tohelp restore joint and nevous function at the affected levels. The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: Guy's condition is progressing as expected. Plan of Action: A treatment schedule of two visits per week will be followed. September 8,2015 Subjective Complaints: The patient complained of very severe constant throbbing low back pain, very severe low back muscle spasms and very severe constant aching mid back pain. The low back pain is the same as the lastvisit,the low back muscle spasms are at the same level of pain as lasttime, and the mid back pain isunchanged from the last treatment. This patient also reported very severe constant aching pain in the left leg and severe constant dull pain in the right leg. The pain inthe left leg isunchanged from the last treatment and the pain in the rightleg is the same as the lastvisit. Objective Findings: Muscle hypertonicity was noted to a moderate degree affecting the cervical region bilaterally. Very severe muscle hypertonicity at the thoracic region and the lumbar region bilaterally was elicitedon examination. From:Thomas Chiropractic 916 780 1413 08/08/2018 14:53 #350 P.O0O9/017 RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 6 Treatment: The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: His condition isresponding as expected. Plan of Action: Two visitsper week will be scheduled for him. September 14, 2015 Subjective Complaints: The patient reported severe constant throbbing low back pain and severe low back muscle spasms. The low back pain is mildly improved over hislast visitand the low back muscle spasms are a littleimproved over the previous visit.He also reported symptoms of severe constant aching mid back pain; thisis a littleimproved over the previous visit.Guy also reported indications of severe constant aching pain in the leftleg and severe constant dull pain in the right leg. The pain in the left leg isslightly better since the last visitand the pain inthe right leg is unchanged from the last visit. Objective Findings: There was evidence elicited on examination of a mild measure of muscle hypertonicity at the cervical region bilaterally. Severe muscle hypertonicity atthe thoracic region and the lumbar region bilaterally was noted on examination. Treatment: The treatment consisted of a chiropractic adjustment administered to the cervical spine. The patient received a chiropractic adjustment to the thoracic spine to help restore joint function, allowing the nervous system to work properly. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SI joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: The patient's condition is improving as expected. Plan of Action: A treatment schedule of two visitsper week will be followed. September 15, 2015 Subjective Complaints: The patient reported symptoms of acute constant throbbing low back pain; a little improved over the previous visit.He also reported symptoms of acute low back muscle spasms and acute constant aching mid back pain. The low back muscle spasms are slightly better since the last treatment and the mid back pain isslightly better since the lasttreatment. He also reported symptoms of acute constant aching pain in the left leg and acute constant dull pain inthe right leg. The pain in the left leg ismildly improved over his lastvisit and the pain in the right leg is mildly improved over his lastvisit. Objective Findings: From:Thomas Chiropractic 916 780 1413 08/08/2018 14:54 #350 P.010/017 RE: Mr. Guy Fischer DOB: 12/07/1965 PAGE 7 Mild muscle hypertonicity at the cervical region bilaterally was noted on palpation examination. Acute muscle hypertonicity at the thoracic region and the lumbar region bilaterally was elicited on examination. Treatment: The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the thoracic spine. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The S] joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: The condition is improving satisfactorily. Plan of Action: Two visitsper week will be scheduled for the patient. September 17, 2015 Subjective Complaints: The patient reported acute constant throbbing low back pain, moderately severe low back muscle spasms and acute constant aching mid back pain. The low back pain isno different than the last visit,the low back muscle spasms are slightly better since the last treatment, and the mid back pain is unchanged from the lasttreatment. This patient also reported moderately severe constant aching pain in the leftleg and moderately severe constant dull pain inthe right leg. The pain in the left leg isa littleimproved over the lasttreatment and the pain in the right leg ismildly improved over his lastvisit. Objective Findings: There was a mild degree of muscle hypertonicity revealed inthe cervical region bilaterally.Palpation of the thoracic region and the lumbar region elicited an acute amount of muscle hypertonicity bilaterally. Treatment: The treatment consisted of a chiropractic adjustment administered tothe cervical spine. The patient received a chiropractic adjustment to help restore joint function allowing the nervous system to work properly in the thoracic spine. The lumbar spine was adjusted to help restore joint and nevous function at the affected levels. The SJ joints were adjusted to help restore function the affected areas. The patient received a chiropractic adjustment to the shoulders to help restore joint function. Assessment: The patient's condition isprogressing satisfactorily. Plan of Action: The patient will now be following a schedule of two visits per week. September 21, 2015 Subjective Complaints: The patient complained of moderately severe constant throbbing low back pain, moderate low back muscle spasms, moderately severe constant aching mid back pain and moderate constant aching pain in the leftleg. The low back pain is slightly better since the last treatment, the low back muscle spasms are a littleimproved over the last treatment, the mid back pain is aminimal improvement over his previous visit,and the pain in the left leg is a minimal improvement