Preview
//
COMMONWEALTH OF MASSACHUSETTS
HAMPSHIRE, ss. SUPERIOR COURT DEPARTMENT
CIVIL DOCKET NO. 1580CV00134
GORDON RICHARDS, )
Plaintiff ) HAMPSHIRE SUPERIOR COURT
)
vs. ) MAR 3 0 2017
)
ROBERT WILLIAMS, HARRY JEKANOWSKI, JR.
Defendant } CLERK / MAGISTRATE
a
JOINT PRE-TRIAL MEMORANDUM
I. AGREED UPON FACTS
The Plaintiff, Gordon Richards, is an individual who resides at 158 Stebbins Street,
Belchertown, MA. The Defendant, Robert Williams, is an individual who resides at 8 Maple
Street, South Hadley, MA.
The incident which is the subject of this action occurred on Friday, July 5, 2013 at
approximately 4:52 p.m. on Amherst Street in Granby MA, a public way.
Il. PARTIES’ CONTENTIONS *
ae
The Plaintiff:
On Friday, July 5, 2013 at approximately 4:52 p.m., the Plaintiff, Gordon Richards, was
operating a motor vehicle traveling south on Amherst Street in Granby, MA and was stopped in the
southbound lane waiting for traffic to go by in the northbound lane in order to enter the driveway of
68 Amherst Street. The Defendant, Robert Williams, was operating a motor vehicle traveling south
on Amherst when he rear ended the Plaintiff's motor vehicle. The Plaintiff, Gordon Richards,
attempted to turn left as the Defendant struck his vehicle and pushed it into the driveway and flower
bed of 68 Amherst Street. As a result of the impact damage, the Plaintiff's vehicle was deemed a
total loss.
The Defendant, Robert Williams, has asserted the affirmative defense of sudden medical
emergency. The Defendant claims that he started feeling light headed and woozy while operating
his vehicle with his two year old child in the back seat. Rather than pull over and stop his vehicle,
the Defendant proceeded on. He claims that he blacked out at the wheel and that his vehicle then
rear ended the vehicle of the Plaintiff. The Plaintiff contends that he observed the Defendant
operating his vehicle with his head tumed as if he were speaking to his child in the back seat. The
police officer investigating the case made no mention in his report that the Defendant claimed thathe had blacked out at the wheel. There will be testimony from other witnesses at the scene of the
crash who are expected to testify in a similar fashion as the police officer. Finally, if the Defendant
felt light headed and woozy, he had a duty to slow his vehicle to a stop at that point rather than
proceed on and risk injury to other persons on the roadway.
The Plaintiff, Gordon Richards, contends that, as a result of the crash, he sustained
injuries including a bruised forehead, whiplash, headaches, neck pain, insomnia, loss of
concentration, upper back pain, left shoulder pain, right shoulder pain, concussion, left shoulder
subacromial impingement syndrome, and right shoulder low grade partial thickness bursal-sided
rotator cuff injury.
With regard to damages, the Plaintiff is claiming medical bills in the approximate amount
of $14,483.00. At the time of the incident, Mr. Richards was employed as a driver for New Penn
Motor Express, Inc., P.O. Box 630, Lebanon, PA earning approximately $1,279.61 per week. He
was disabled from work from August 5, 2013 to October 24, 2013 (approximately 11.5 weeks)
and sustained lost wages in the approximate amount of $14,715.00.
The Defendant:
This is a negligence action whereby the plaintiff has filed suit to recover for personal
injuries allegedly suffered as a result of an alleged July 5, 2013 motor vehicle accident. The
plaintiff alleges that the accident on that date was the result of the negligence of the defendant,
Robert Williams, and that the plaintiff sustained injuries as a result of that accident. The
defendant, Robert Williams, denies he was negligent and disputes the nature and extent of
plaintiff's alleged injuries.
The Defendant, Robert Williams, has asserted the affirmative defense of sudden medical
emergency. The Defendant asserts that he started feeling light headed and woozy while operating
his vehicle and thereafter lost consciousness, suffering a sudden an unexpected fainting episode.
Given said sudden medical emergency, defendant denies that he was negligent in any way with
regard to the subject accident.
Il. AGREED DESCRIPTION OF CASE
The incident which is the subject of this action occurred on Friday, July 5, 2013 at
approximately 4:52 p.m. on Amherst Street in Granby MA, a public way.
IV. LEGAL ISSUES
This action will be determined by the general principles of law governing negligent
operation of a motor vehicle, causation and damages. Requests for jury instructions on these
issues will be submitted at trial.V. WITNESSES
The Plaintiff:
Gordon Richards, 158 Stebbins Street, Belchertown, MA
Robert Williams, 8 Maple Street, South Hadley, MA
Jerry Rodriguez, Springfield, MA
Vanessa Gourde, 69 Amherst Street, Granby, MA
Irma Gourde, 69 Amherst Street, Granby, MA.
Occupant of 69 Amherst Street, Granby, MA on July 5, 2013
Sergeant Kevin C. O’Grady, Granby Police Department, Granby, MA
Keeper of Records of the Granby Police Department
Robert Barrett, GEICO, P.O. Box 792, Sterling, MA
Richard Nadeau, Liberty Mutual Insurance Co., 114 Turnpike Road, Westboro, MA
The Plaintiff intends to introduce medical records, bills, and reports, pursuant to M.G.L. c. 233,
§79G and may seek testimony of the keeper of records of the medical care provider and/or each
doctor, nurse, therapist or specialist identified in her medical records, bills and reports.
Any witness listed by the Defendant
The Plaintiff reserves the right to supplement this list.
The Defendant:
The defendant reserves the right to call the following witnesses:
The plaintiff;
The defendant;
Any and all of plaintiffs medical providers;
Keeper of Records, Cooley Dickinson Hospital;
Keeper of Records, Cooley Dickinson Medical Group Rehabilitation Services;
Keeper of Records, Pioneer Spine & Sports Physicians;
Keeper of Records, Hampshire Orthopedics & Sports Medicine;
Keeper of Records, Swift River Medical Associates;
Any and all of plaintiff's named witnesses;
HmOmmDORDThe defendant reserves the right to supplement this list with proper notice to the parties and the
Court.
VI EXPERT WITNESSES
The Plaintiff:
Martin J. Luber, M.D.
New England Orthopedic Surgeons, Inc.
300 Birnie Avenue, Suite 201
Springfield, MA
Dr. Luber will testify regarding the nature and extent of the Plaintiffs injuries, including diagnosis,
prognosis, and permanent impairment, periods of disability and the reasonableness of the medical
bills incurred. He will further testify consistent with his records and reports which have been sent
to counsel for the Defendant.
George A. Corey, M.D.
University Health Services
150 Infirmary Way
Amherst, MA
Dr. Corey will testify regarding his office visit with the Defendant, Robert Williams, on July 8,
2013, the results of the tests ordered, and his impressions, recommendations, and diagnosis of Mr.
Williams.
The Plaintiff reserves the right to supplement this list.
The Defendant:
The defendant reserves the right to call Marc A. Linson, M.D., who is expected to testify based
on his education, training experience, as outlined in his curriculum vitae attached hereto in
Exhibit A, review of records and as to the opinions and conclusions contained in his report of
February 2, 2017, also attached hereto in Exhibit A.
VI. ESTIMATED LENGTH OF TRIAL
Three to four full trial days.
Vu. ITEMIZATION OF SPECIAL DAMAGES
The Plaintiff has incurred medical bills in the approximate amount of $14,483.00 and lost
wages in the approximate amount of $14,715.00.
The defendant contests the nature and the extent of the alleged damages. The defendant
further reserves the right to contest the reasonableness of the medical charges.IX. MOTION
The Plaintiff will file “Plaintiff's Motion to Conduct Expert Video Deposition”, in the
event that one or more of his expert physicians are unable to testify in person at trial.
X. CERTIFICATION OF COUNSEL
Counsel for the Plaintiff and the Defendant certify that they have apprised their clients of
the estimated costs of litigation.
The Plaintiff is amenable to Alternative Dispute Resolution.
Respectfully submitted, Respectfully submitted,
The Plaintiff, The Defendant,
By counsel, By counsel,
Mine V. (neni Crow)
Michael P. Garrity, Esquire
BBO No. 687791
fn
BBO No. 340060
Law Offices of Mark E. Salomone Law Offices of Sherry, Geller, Cain & Vachereau
175 State Street, Suite 200 10 St. James Avenue, 5" Floor
Springfield, MA 01103 Boston, MA 02116
Telephone No. (413) 737-7783 Telephone No. (617) 867-4746
patep: 3/20/r1 DATED: _3 \20\\7EXHIBIT ACURRICULUM VITAE
Mare:A. Linson, M.D.
+ Drive, Suite 208:Q)
RELLOW:@)
ug; Journal'of Bone.and Joint Surgery. Vol 62-427) ps
s.. Miat
cine;
Ehe Glosureofa
aine, April 1981.
nic:Complications:of’
‘Orthopedics and
Interbody: Lumbar:Fusion:
90..
SPINE, vol: 15,.p 602, June:
‘jliams, Hi: Anierior-and.Cémbined Anterposterior
in A-Breliminary; Study., SPINE, v.@)
15. PENDING: Results of Decompression of Spinal Stenosis Above:
Arachnoiditis.. :
Mare-A.Linson2E179216490G123 $L047 1700389
ER
xpert Review,. Ing
tnt ener”
.February 2, 2017
Liberty Mutual — Danvers
P.O. Box 7239 :
London, KY 40742-9732
Attn: Stephanie’ Barlow
CLAIMANT: Richards, Gordon
INSURED :
CLAIM # : 027388333
D.O.I. : 07/05/13
ERI # =: RICO72464
Dear Ms. Barlow:
Provided medical records concerning Mr. Gordon Richards
indicates that he was seen at the Holyoke Hospital Emergency
Room on 07/10/2013 subsequent to a motor vehicle accident, at
which time they describe that he had a ride from home alone,
ambulatory, subsequent to an unrestrained ‘driver in a rear-end
collision on July 5, 2013 with a bruise on the right forehead
with subsequent headaches, confusion, right shoulder and neck
pain. Records indicate a CT scan of the head was done. The
report of that from 07/10/2013 demonstrates no acute
intracranial pathology by the report from Holyoke Hospital. ‘A
subsequent CT scan of the head for dizziness and memory loss
done August 7, 2013 had similar findings. A 09/11/2013 x-ray
of the right shoulder done for pain after a motor vehicle
accident showed a surgical anchor over the right glenoid and
no acute changes or acute bony abnormalities. A 09/06/2013
cervical MRI demonstrated by report mild disc herniation and
degenerative changes at C3-4, mild disc herniation at C6-7 and”
C7-Tl, muscle spasm and degradation due to patient motion. An
MRI 12/23/2013 ordered by Dr. Luber of the left shoulder
showed mild bursal surface fraying of the distal supraspinatus
without full thickness rotator cuff tear. A right shoulder
MRI done 12/30/2013 ordered by Dr. Luber showed an
intrasubstance tear without insertional fibers of the
suprascapularis tendon, medial subluxation.of the long head of
the biceps tendon and changes of tendinosis.
330 Boston Road, Suite 9 * N. Billerica, MA01862 © (978) 670-1223 * Fax O78) 670-1224
www.expertreviewinc.com .201792164000123 "SL ONT TTONS99
. CLAIMANT : Richards, Gordon
ERI # .: RICO72464 . .
Page 2 7. Ts .
‘+ Photographs’ ‘of the truck that ‘the individual was in showéd
areas of damage that I have reviewed.
on ‘October 23, 2013, Dr. Cowan of New England orthopedics, an
orthopedic spine specialist, -saw Mr. Gordon Richard, providing |
the history that he was a 49. year-old male in a motor vehicle-
accident on June 13, 2013 (questionable whether this is the
correct date or not): :
He reports: that the car was totaled with a-rear-end collision
-(not so. evident from’ the images.that I saw of the accident:
vehicle). He reports he was seen at Holyoke Hospital, hada
- diagnosis.of whiplash injury vand had persistent, pain which
. seemed more in the shoulder than the néck. Dr. Cowan ~
commented on MRI of the’ cervical Spine which he felt was
unremarkable except fot minor age’ related changes, and the
“‘shoulder notable for rotator cuff pathology on the left which
was from previous problems,: and he had an injection with major-
"involvément- now in the right shoulder. He described this as
achy in quality, awakened him at night, worse’with activity.
He does not describe his occupation. or his work status. He
reports no prior history of back or neck surgery. He had”
physical therapy directed to the cervical spine through Team
- Rehab & Wellness and after.Dr. Cowan performed a physical
- examination, he concluded that he probably had a whiplash
-injury which resolved and was left with rotator cuff injury to.
the right shoulder and ‘exacerbation of some left shoulder
-pathology. He was injected in the shoulder that. day (he
doesn’t say left or right) and gave him a note to resume his ©.
work. On. December 11, 2013, Dr. Luber, an associate of Dr.
Cowan and a non spine joint specialist who ‘works at .New
England Orthopedics,- saw him for bilateral shoulder pain, left.
worse than right,. subsequent to the motor vehicle accident
which he dates to September 2013 (question incorrect date)... .- .
“He describes that. he was an unrestrained driver, struck from
the side, ejected into the passenger’s seat with bilateral
shoulder pain and subsequently saw Dr. Cowan for a whiplash
injury and then was seen. by Dr. Luber. A shot which he201702164080123 5.047 1700389
CLAIMANT: Richards, GorddéA ae
ERI # ==: RICO72464 .
Page 3 :
describes was in the right. shoulder helped - ‘but ‘the left
shoulder was then more symptomatic. He identified that. this
individual had right. shoulder .in the past, does not comment on’
how successful that was. “His conclusion was that. he suspected
subacromial impingement ‘syndrome bilateral upper extremities -
and recommended bilateral shoulder. MRI’s. On.January 20, .
2014, Mr. Zwirko supervised by Dr. Greenbaum, saw him for mo.
followup of Dr..Luber’s suggestion at.New England Orthopedics .°_ -
and reviewed, the MRI findings which have been'’described :
previously in this report under the description of his imaging.
studies. It was recommended by this “physician assistant that! -
Mr. Richard followup with Dr, uber to discuss possible
surgery. I . :
On January 21, 3015; Dr. Luber prepared a » report for Attorney
Laporte’ concerning Mr, Richards’ complaints. He notes that
the visit with the’ physician assistant, Mr. Zwirko, was the
last visit. that occurred’ and that: the surgical recommendation
for the right shoulder was never followed through. He
concluded that the previous surgery of the right shoulder for
a SLAP ‘répair would have, no’impact on the development of a:
rotator cuff tear which Dr. Luber had recommended’ through his
physician assistant, surgical treatment for. Therefore, to a
high degree of medical certainty, any subsequent need for
treatment of the right shoulder would be based on the motor
vehicle accident from uly 2013.
He also ‘indicated there was potential for left shoulder
surgical intervention but this point seéms vague.. He chose
not to provide a permanent. impairment. rating since he had not
been séen in a year’ from his last visit with a ‘physician
assistant to the- providence of that .attorney- letter.
Therefore, with regard to his shoulders, there is no medical
documentation of his condition beyond , January 205 2014, . some. wee,
“three! years-ago. “ ve o ~ sr .
_ Team Rehab and Wellness Center physiatry evaluation and
+ treatment records were provided. This- begins on August 5,2017621640001 23 510471700399,
CLAIMANT: Richards, Gordon
ERI # : RICO72464 .
Page 4
2013 with an evaluation by a physician assistant, Jennifer -
Devine, including .a temporary no driving recommendation.
‘ Their providence of care, multiple visits for neck and
shoulder ‘complaints through October 2013 were > provided and
reviewed.
Based on the information and documentation available. to .me it
is my medical opinion,, to a reasonable degree of -medical.
certainty, that Gordon Richard was involved in a motor vehicle
“accident on July 10, 2013.: This ¢aused him to have some- degree
of.\““head trauma” which apparently resolved, cervical’ muscular
strains, ‘ligamentous sprains, and aggravation of preexisting
‘minor degenerative change which séems to have resolved as well
and complaints of bilateral- shoulder pain, the right ‘shoulder |
bothering him-the most at the time of his last followup in
* January 2014. His condition from then.on is not, documented
. and recominended. surgery by Dr. Luber’s office apparently never’
occurred.. He, has received diagnoses of possible. rotator ‘cute :
. and aggravation of-degeneration of the’ shoulder areas and
tendinosis. The diagnoses aré correct and: supported * “by
objective findings.. Previous. treatment was reasonable,
necessary and appropriate consisting of evaluation and care in
the emergency room, by Team Rehab and Wellness-and a variety
of providers at New England Orthopedics. “The loation of the
treatment that he received was appropriate. ‘There was.
.evidence that he had responded to the treatment that was’,
provided, specifically resolution of the head and neck
complaints and at this time he has not received any. medical
“intervention that I am aware of for three’ years. It would be
- assumed that this case is closed, that he has. recovered and
that he no’longer needs treatment including any surgical ‘care.
Therefore, ‘sometime subsequent to January 2014, he recovered.
His treating physicians of last note, Dr. Luber, was
- appropriately unable to award a permanent impairment . rating. -
since. he lacked any concurrent--or Current- knowledge - of this
man’s condition. I would agree that this is an appropriate
response. There is no evidence he is receiving maintenance
care. . . .2017021640601 23 510471700399
CLAIMANT: Richards, Gordon
ERI # : RICO72464
Page 5
His diagnoses as described above are causally related to the
motor vehicle accident. The treatment he has had from that
date on which has been described in this report, is related to
the motor vehicle accident. There is a history of co-
morbidities, prior problems and préexisting condition with the
right shoulder that impacts to a small unknown degree to his
current injury to the right shoulder only.
The individual was releaséd to return to work without notable
restrictions and presumably from January 2014 on. When he
last had medical care he was considered suitable.to do His job
which he had been released to do previously after his initial
visit -with Dr. Cowan.’-.If this individual complains of
persistent impairment or disability associated with the, motor
vehicle accident, he would require updated medical evaluation ,
eithér with his prior treating doctors or an IME. In the
absence of that, I can only assume that he has recovered since
there is no documentation of medical care for the last three
years and that he has returned to his pre-injury status with
no permanent partial impairment or disability associated with
_ the motor vehicle accident of July 2013. He would have
assumed to reach maximum medical improvement sometime in -2014.
No impairment ratings or permanency ratings have been awarded
to this individual from his treating doctors or other people
who have intervened in his injury and therefore none exists.
The documentation supports an absence of permanency rating.
Should any additional appropriate clinical documentation
become available for my review I reserve the right to alter or
modify this report accordingly.
I certify that I am a licensed physician in the Commonwealth
of Massachusetts and have reached the above conclusion to a
reasonable degree of medical certainty.2617621640001 23 5L047 1700399
CLAIMANT: Richards,’ Gordon
ERI # : RICO72464
‘Page 6 . . ° .
Subscribed and sworn this 10th ‘day: of February in the year
2017 under the pains and penalty of perjury. .
Sincerely, whe
% | ete @ jenn, 1.0.
Marc A. Linson, M.D.
MAL/mal . . .
Preview
// COMMONWEALTH OF MASSACHUSETTS HAMPSHIRE, ss. SUPERIOR COURT DEPARTMENT CIVIL DOCKET NO. 1580CV00134 GORDON RICHARDS, ) Plaintiff ) HAMPSHIRE SUPERIOR COURT ) vs. ) MAR 3 0 2017 ) ROBERT WILLIAMS, HARRY JEKANOWSKI, JR. Defendant } CLERK / MAGISTRATE a JOINT PRE-TRIAL MEMORANDUM I. AGREED UPON FACTS The Plaintiff, Gordon Richards, is an individual who resides at 158 Stebbins Street, Belchertown, MA. The Defendant, Robert Williams, is an individual who resides at 8 Maple Street, South Hadley, MA. The incident which is the subject of this action occurred on Friday, July 5, 2013 at approximately 4:52 p.m. on Amherst Street in Granby MA, a public way. Il. PARTIES’ CONTENTIONS * ae The Plaintiff: On Friday, July 5, 2013 at approximately 4:52 p.m., the Plaintiff, Gordon Richards, was operating a motor vehicle traveling south on Amherst Street in Granby, MA and was stopped in the southbound lane waiting for traffic to go by in the northbound lane in order to enter the driveway of 68 Amherst Street. The Defendant, Robert Williams, was operating a motor vehicle traveling south on Amherst when he rear ended the Plaintiff's motor vehicle. The Plaintiff, Gordon Richards, attempted to turn left as the Defendant struck his vehicle and pushed it into the driveway and flower bed of 68 Amherst Street. As a result of the impact damage, the Plaintiff's vehicle was deemed a total loss. The Defendant, Robert Williams, has asserted the affirmative defense of sudden medical emergency. The Defendant claims that he started feeling light headed and woozy while operating his vehicle with his two year old child in the back seat. Rather than pull over and stop his vehicle, the Defendant proceeded on. He claims that he blacked out at the wheel and that his vehicle then rear ended the vehicle of the Plaintiff. The Plaintiff contends that he observed the Defendant operating his vehicle with his head tumed as if he were speaking to his child in the back seat. The police officer investigating the case made no mention in his report that the Defendant claimed thathe had blacked out at the wheel. There will be testimony from other witnesses at the scene of the crash who are expected to testify in a similar fashion as the police officer. Finally, if the Defendant felt light headed and woozy, he had a duty to slow his vehicle to a stop at that point rather than proceed on and risk injury to other persons on the roadway. The Plaintiff, Gordon Richards, contends that, as a result of the crash, he sustained injuries including a bruised forehead, whiplash, headaches, neck pain, insomnia, loss of concentration, upper back pain, left shoulder pain, right shoulder pain, concussion, left shoulder subacromial impingement syndrome, and right shoulder low grade partial thickness bursal-sided rotator cuff injury. With regard to damages, the Plaintiff is claiming medical bills in the approximate amount of $14,483.00. At the time of the incident, Mr. Richards was employed as a driver for New Penn Motor Express, Inc., P.O. Box 630, Lebanon, PA earning approximately $1,279.61 per week. He was disabled from work from August 5, 2013 to October 24, 2013 (approximately 11.5 weeks) and sustained lost wages in the approximate amount of $14,715.00. The Defendant: This is a negligence action whereby the plaintiff has filed suit to recover for personal injuries allegedly suffered as a result of an alleged July 5, 2013 motor vehicle accident. The plaintiff alleges that the accident on that date was the result of the negligence of the defendant, Robert Williams, and that the plaintiff sustained injuries as a result of that accident. The defendant, Robert Williams, denies he was negligent and disputes the nature and extent of plaintiff's alleged injuries. The Defendant, Robert Williams, has asserted the affirmative defense of sudden medical emergency. The Defendant asserts that he started feeling light headed and woozy while operating his vehicle and thereafter lost consciousness, suffering a sudden an unexpected fainting episode. Given said sudden medical emergency, defendant denies that he was negligent in any way with regard to the subject accident. Il. AGREED DESCRIPTION OF CASE The incident which is the subject of this action occurred on Friday, July 5, 2013 at approximately 4:52 p.m. on Amherst Street in Granby MA, a public way. IV. LEGAL ISSUES This action will be determined by the general principles of law governing negligent operation of a motor vehicle, causation and damages. Requests for jury instructions on these issues will be submitted at trial.V. WITNESSES The Plaintiff: Gordon Richards, 158 Stebbins Street, Belchertown, MA Robert Williams, 8 Maple Street, South Hadley, MA Jerry Rodriguez, Springfield, MA Vanessa Gourde, 69 Amherst Street, Granby, MA Irma Gourde, 69 Amherst Street, Granby, MA. Occupant of 69 Amherst Street, Granby, MA on July 5, 2013 Sergeant Kevin C. O’Grady, Granby Police Department, Granby, MA Keeper of Records of the Granby Police Department Robert Barrett, GEICO, P.O. Box 792, Sterling, MA Richard Nadeau, Liberty Mutual Insurance Co., 114 Turnpike Road, Westboro, MA The Plaintiff intends to introduce medical records, bills, and reports, pursuant to M.G.L. c. 233, §79G and may seek testimony of the keeper of records of the medical care provider and/or each doctor, nurse, therapist or specialist identified in her medical records, bills and reports. Any witness listed by the Defendant The Plaintiff reserves the right to supplement this list. The Defendant: The defendant reserves the right to call the following witnesses: The plaintiff; The defendant; Any and all of plaintiffs medical providers; Keeper of Records, Cooley Dickinson Hospital; Keeper of Records, Cooley Dickinson Medical Group Rehabilitation Services; Keeper of Records, Pioneer Spine & Sports Physicians; Keeper of Records, Hampshire Orthopedics & Sports Medicine; Keeper of Records, Swift River Medical Associates; Any and all of plaintiff's named witnesses; HmOmmDORDThe defendant reserves the right to supplement this list with proper notice to the parties and the Court. VI EXPERT WITNESSES The Plaintiff: Martin J. Luber, M.D. New England Orthopedic Surgeons, Inc. 300 Birnie Avenue, Suite 201 Springfield, MA Dr. Luber will testify regarding the nature and extent of the Plaintiffs injuries, including diagnosis, prognosis, and permanent impairment, periods of disability and the reasonableness of the medical bills incurred. He will further testify consistent with his records and reports which have been sent to counsel for the Defendant. George A. Corey, M.D. University Health Services 150 Infirmary Way Amherst, MA Dr. Corey will testify regarding his office visit with the Defendant, Robert Williams, on July 8, 2013, the results of the tests ordered, and his impressions, recommendations, and diagnosis of Mr. Williams. The Plaintiff reserves the right to supplement this list. The Defendant: The defendant reserves the right to call Marc A. Linson, M.D., who is expected to testify based on his education, training experience, as outlined in his curriculum vitae attached hereto in Exhibit A, review of records and as to the opinions and conclusions contained in his report of February 2, 2017, also attached hereto in Exhibit A. VI. ESTIMATED LENGTH OF TRIAL Three to four full trial days. Vu. ITEMIZATION OF SPECIAL DAMAGES The Plaintiff has incurred medical bills in the approximate amount of $14,483.00 and lost wages in the approximate amount of $14,715.00. The defendant contests the nature and the extent of the alleged damages. The defendant further reserves the right to contest the reasonableness of the medical charges.IX. MOTION The Plaintiff will file “Plaintiff's Motion to Conduct Expert Video Deposition”, in the event that one or more of his expert physicians are unable to testify in person at trial. X. CERTIFICATION OF COUNSEL Counsel for the Plaintiff and the Defendant certify that they have apprised their clients of the estimated costs of litigation. The Plaintiff is amenable to Alternative Dispute Resolution. Respectfully submitted, Respectfully submitted, The Plaintiff, The Defendant, By counsel, By counsel, Mine V. (neni Crow) Michael P. Garrity, Esquire BBO No. 687791 fn BBO No. 340060 Law Offices of Mark E. Salomone Law Offices of Sherry, Geller, Cain & Vachereau 175 State Street, Suite 200 10 St. James Avenue, 5" Floor Springfield, MA 01103 Boston, MA 02116 Telephone No. (413) 737-7783 Telephone No. (617) 867-4746 patep: 3/20/r1 DATED: _3 \20\\7EXHIBIT ACURRICULUM VITAE Mare:A. Linson, M.D. + Drive, Suite 208:Q) RELLOW:@) ug; Journal'of Bone.and Joint Surgery. Vol 62-427) ps s.. Miat cine; Ehe Glosureofa aine, April 1981. nic:Complications:of’ ‘Orthopedics and Interbody: Lumbar:Fusion: 90.. SPINE, vol: 15,.p 602, June: ‘jliams, Hi: Anierior-and.Cémbined Anterposterior in A-Breliminary; Study., SPINE, v.@) 15. PENDING: Results of Decompression of Spinal Stenosis Above: Arachnoiditis.. : Mare-A.Linson2E179216490G123 $L047 1700389 ER xpert Review,. Ing tnt ener” .February 2, 2017 Liberty Mutual — Danvers P.O. Box 7239 : London, KY 40742-9732 Attn: Stephanie’ Barlow CLAIMANT: Richards, Gordon INSURED : CLAIM # : 027388333 D.O.I. : 07/05/13 ERI # =: RICO72464 Dear Ms. Barlow: Provided medical records concerning Mr. Gordon Richards indicates that he was seen at the Holyoke Hospital Emergency Room on 07/10/2013 subsequent to a motor vehicle accident, at which time they describe that he had a ride from home alone, ambulatory, subsequent to an unrestrained ‘driver in a rear-end collision on July 5, 2013 with a bruise on the right forehead with subsequent headaches, confusion, right shoulder and neck pain. Records indicate a CT scan of the head was done. The report of that from 07/10/2013 demonstrates no acute intracranial pathology by the report from Holyoke Hospital. ‘A subsequent CT scan of the head for dizziness and memory loss done August 7, 2013 had similar findings. A 09/11/2013 x-ray of the right shoulder done for pain after a motor vehicle accident showed a surgical anchor over the right glenoid and no acute changes or acute bony abnormalities. A 09/06/2013 cervical MRI demonstrated by report mild disc herniation and degenerative changes at C3-4, mild disc herniation at C6-7 and” C7-Tl, muscle spasm and degradation due to patient motion. An MRI 12/23/2013 ordered by Dr. Luber of the left shoulder showed mild bursal surface fraying of the distal supraspinatus without full thickness rotator cuff tear. A right shoulder MRI done 12/30/2013 ordered by Dr. Luber showed an intrasubstance tear without insertional fibers of the suprascapularis tendon, medial subluxation.of the long head of the biceps tendon and changes of tendinosis. 330 Boston Road, Suite 9 * N. Billerica, MA01862 © (978) 670-1223 * Fax O78) 670-1224 www.expertreviewinc.com .201792164000123 "SL ONT TTONS99 . CLAIMANT : Richards, Gordon ERI # .: RICO72464 . . Page 2 7. Ts . ‘+ Photographs’ ‘of the truck that ‘the individual was in showéd areas of damage that I have reviewed. on ‘October 23, 2013, Dr. Cowan of New England orthopedics, an orthopedic spine specialist, -saw Mr. Gordon Richard, providing | the history that he was a 49. year-old male in a motor vehicle- accident on June 13, 2013 (questionable whether this is the correct date or not): : He reports: that the car was totaled with a-rear-end collision -(not so. evident from’ the images.that I saw of the accident: vehicle). He reports he was seen at Holyoke Hospital, hada - diagnosis.of whiplash injury vand had persistent, pain which . seemed more in the shoulder than the néck. Dr. Cowan ~ commented on MRI of the’ cervical Spine which he felt was unremarkable except fot minor age’ related changes, and the “‘shoulder notable for rotator cuff pathology on the left which was from previous problems,: and he had an injection with major- "involvément- now in the right shoulder. He described this as achy in quality, awakened him at night, worse’with activity. He does not describe his occupation. or his work status. He reports no prior history of back or neck surgery. He had” physical therapy directed to the cervical spine through Team - Rehab & Wellness and after.Dr. Cowan performed a physical - examination, he concluded that he probably had a whiplash -injury which resolved and was left with rotator cuff injury to. the right shoulder and ‘exacerbation of some left shoulder -pathology. He was injected in the shoulder that. day (he doesn’t say left or right) and gave him a note to resume his ©. work. On. December 11, 2013, Dr. Luber, an associate of Dr. Cowan and a non spine joint specialist who ‘works at .New England Orthopedics,- saw him for bilateral shoulder pain, left. worse than right,. subsequent to the motor vehicle accident which he dates to September 2013 (question incorrect date)... .- . “He describes that. he was an unrestrained driver, struck from the side, ejected into the passenger’s seat with bilateral shoulder pain and subsequently saw Dr. Cowan for a whiplash injury and then was seen. by Dr. Luber. A shot which he201702164080123 5.047 1700389 CLAIMANT: Richards, GorddéA ae ERI # ==: RICO72464 . Page 3 : describes was in the right. shoulder helped - ‘but ‘the left shoulder was then more symptomatic. He identified that. this individual had right. shoulder .in the past, does not comment on’ how successful that was. “His conclusion was that. he suspected subacromial impingement ‘syndrome bilateral upper extremities - and recommended bilateral shoulder. MRI’s. On.January 20, . 2014, Mr. Zwirko supervised by Dr. Greenbaum, saw him for mo. followup of Dr..Luber’s suggestion at.New England Orthopedics .°_ - and reviewed, the MRI findings which have been'’described : previously in this report under the description of his imaging. studies. It was recommended by this “physician assistant that! - Mr. Richard followup with Dr, uber to discuss possible surgery. I . : On January 21, 3015; Dr. Luber prepared a » report for Attorney Laporte’ concerning Mr, Richards’ complaints. He notes that the visit with the’ physician assistant, Mr. Zwirko, was the last visit. that occurred’ and that: the surgical recommendation for the right shoulder was never followed through. He concluded that the previous surgery of the right shoulder for a SLAP ‘répair would have, no’impact on the development of a: rotator cuff tear which Dr. Luber had recommended’ through his physician assistant, surgical treatment for. Therefore, to a high degree of medical certainty, any subsequent need for treatment of the right shoulder would be based on the motor vehicle accident from uly 2013. He also ‘indicated there was potential for left shoulder surgical intervention but this point seéms vague.. He chose not to provide a permanent. impairment. rating since he had not been séen in a year’ from his last visit with a ‘physician assistant to the- providence of that .attorney- letter. Therefore, with regard to his shoulders, there is no medical documentation of his condition beyond , January 205 2014, . some. wee, “three! years-ago. “ ve o ~ sr . _ Team Rehab and Wellness Center physiatry evaluation and + treatment records were provided. This- begins on August 5,2017621640001 23 510471700399, CLAIMANT: Richards, Gordon ERI # : RICO72464 . Page 4 2013 with an evaluation by a physician assistant, Jennifer - Devine, including .a temporary no driving recommendation. ‘ Their providence of care, multiple visits for neck and shoulder ‘complaints through October 2013 were > provided and reviewed. Based on the information and documentation available. to .me it is my medical opinion,, to a reasonable degree of -medical. certainty, that Gordon Richard was involved in a motor vehicle “accident on July 10, 2013.: This ¢aused him to have some- degree of.\““head trauma” which apparently resolved, cervical’ muscular strains, ‘ligamentous sprains, and aggravation of preexisting ‘minor degenerative change which séems to have resolved as well and complaints of bilateral- shoulder pain, the right ‘shoulder | bothering him-the most at the time of his last followup in * January 2014. His condition from then.on is not, documented . and recominended. surgery by Dr. Luber’s office apparently never’ occurred.. He, has received diagnoses of possible. rotator ‘cute : . and aggravation of-degeneration of the’ shoulder areas and tendinosis. The diagnoses aré correct and: supported * “by objective findings.. Previous. treatment was reasonable, necessary and appropriate consisting of evaluation and care in the emergency room, by Team Rehab and Wellness-and a variety of providers at New England Orthopedics. “The loation of the treatment that he received was appropriate. ‘There was. .evidence that he had responded to the treatment that was’, provided, specifically resolution of the head and neck complaints and at this time he has not received any. medical “intervention that I am aware of for three’ years. It would be - assumed that this case is closed, that he has. recovered and that he no’longer needs treatment including any surgical ‘care. Therefore, ‘sometime subsequent to January 2014, he recovered. His treating physicians of last note, Dr. Luber, was - appropriately unable to award a permanent impairment . rating. - since. he lacked any concurrent--or Current- knowledge - of this man’s condition. I would agree that this is an appropriate response. There is no evidence he is receiving maintenance care. . . .2017021640601 23 510471700399 CLAIMANT: Richards, Gordon ERI # : RICO72464 Page 5 His diagnoses as described above are causally related to the motor vehicle accident. The treatment he has had from that date on which has been described in this report, is related to the motor vehicle accident. There is a history of co- morbidities, prior problems and préexisting condition with the right shoulder that impacts to a small unknown degree to his current injury to the right shoulder only. The individual was releaséd to return to work without notable restrictions and presumably from January 2014 on. When he last had medical care he was considered suitable.to do His job which he had been released to do previously after his initial visit -with Dr. Cowan.’-.If this individual complains of persistent impairment or disability associated with the, motor vehicle accident, he would require updated medical evaluation , eithér with his prior treating doctors or an IME. In the absence of that, I can only assume that he has recovered since there is no documentation of medical care for the last three years and that he has returned to his pre-injury status with no permanent partial impairment or disability associated with _ the motor vehicle accident of July 2013. He would have assumed to reach maximum medical improvement sometime in -2014. No impairment ratings or permanency ratings have been awarded to this individual from his treating doctors or other people who have intervened in his injury and therefore none exists. The documentation supports an absence of permanency rating. Should any additional appropriate clinical documentation become available for my review I reserve the right to alter or modify this report accordingly. I certify that I am a licensed physician in the Commonwealth of Massachusetts and have reached the above conclusion to a reasonable degree of medical certainty.2617621640001 23 5L047 1700399 CLAIMANT: Richards,’ Gordon ERI # : RICO72464 ‘Page 6 . . ° . Subscribed and sworn this 10th ‘day: of February in the year 2017 under the pains and penalty of perjury. . Sincerely, whe % | ete @ jenn, 1.0. Marc A. Linson, M.D. MAL/mal . . .