Plaintiff,
`M
`
`VS.
`
`iDefendant CSX’ Transportation, Inc.’s
`Disclosure of Expert Witnesses
`
`'
`
` Thomas,.l;.('
`
`
`
`
`
`,Defe
`
`9: SX Transportation, Inc. (“CSXT”) submits its expert disclosr
`
`accordance
`
`
`
`
`
`Ce Court’s pretrial orders and the Florida Rules of Civil Procedure
`
`l.
`
`$XT may offer testimony at trial fromzone or more witnesses under
`
`Florida Statutes section 90.702. These Witnesses arei’
`
`-
`
`A.
`
`-.
`._
`,
`Abass Alavi, M.D.
`Penn Radiology, Hospital of the University of Pennsylvania
`3400 Spruce Street
`Philadelphia, PA 19104.
`
`Dr. Alavi is a medical doctor who specializes in radiology. He is the Chief of
`Radiology at the Hospital of the University of Pennsylvania, and his expertise as
`it relates to this matter is forensic radiology and SPECT application and
`interpretation. Dr. Alavi is a defense expert, and his testimony to a large extent
`will be determined by the evidence offered by the plaintiff, and in particular
`plaintiff s expert Michael Foley, M.D. Generally, however, Dr. Alavi is
`anticipated to testify in rebuttal of any evidence offered by plaintiff regarding any
`SPECT imaging ofplaintiff s brain, and to testify about the limitations of SPECT
`in discemingfiand attributing causation as to purported brain abnormalities. Dr.
`Alavi'wiy testify on the basis of his education, experience, and review of
`pertineflWaterials. The facts that form the basis of his opinions will be the
`plai _ tiffis‘j‘ieleVant medical and social history as revealed by discovery and
`invesfififiiin this litigation, and in particular the complete records of Dr. Foley
`regarding the plaintiff. CSXT will provide a CV for Dr. Alavi and will coordinate
`a deposition of Dr. Alavi at a mutually convenient date if plaintiff so requests.
`
`'9?
`
`

`

`.
`
`,, ,‘
`
`
`Case No. 04-15179 CA(10)
`
`
`$31 R. Diaz, M.D.
`1;,
`..
`
`i
`for Occupational Psychiatry0% i:
`,
`
`7 7450N. Kendall Dr. Suite 416
`”i
`fiMiami, FL 33156
`
`'
`
`'da
`
`Dr. Diaz is a medical doctor who specializes in psychiatry. He is the Medical
`Director of the Center for Occupational Psychiatry of Florida, and his expertise as
`it relates this mattepisrforensic psychiatry. Dr. Diaz is a defense expert, and his
`testimony to a large extent will be determined by the evidence offered by the
`plaintiff, and1n particularanytestimony on psychiatricissues by plaintiffs expert
`Walter Afield M.D; Generally, however, Dr. Diaz’ anticipated testimony is as
`refleeisdin hisreportregarding his examination ofthe plaintiff, which has
`already been produced toplaintiffs counsel. Dr. Diaz will testify on the basis of
`his education, experience, review of pertinent materials, examination of the
`plaintiff, and anya'dditional bases identifiedin his previously referenced report.
`The facts that form the. basis of Dr. .Diaz’ opinions will be the plaintiffs relevant
`medical, psychiatri-c,_and social history as revealed by discovery and investigation
`in this litigation, and his examination of the plaintiff. The plaintiff can access a
`: CV for Dr. Diaz at www.falconitservices.com; plaintiff has requested and CSXT
`- is coordinating a deposition of Dr. Diaz at a mutually convenient date.
`
`C.
`
`Richard A. Hamilton, Ph.D.
`1570 Madruga Avenue — Suite B
`Coral Gables, FL 33146
`
`W-‘“W
`Dr. Hamilton1s a neuropsychologist1n clinical and forensic practice, and his
`expertise as it relates to this matter is forensic neuropsychology. Dr. Hamilton1s
`a defense expert, and his testimony to a large extent will be determined by the
`evidence offered by the plaintiff, and in particular any testimony on
`neuropsychological issues by plaintiff’ 5 expert Walter Afield, M.D. Generally,
`however, Dr. Hamilton’s anticipated testimony will be reflected in his
`forthcoming report regarding his examination and testing of the plaintiff, which
`will promptly be produced to plaintiffs counsel. Dr. Hamilton will testify on the
`basis of his education, experience, review of pertinent materials, examination and
`testing of the plaintiff, and any additional bases identified in his previously
`referenced report. The facts that form the basis of Dr. Hamilton’s opinions will
`be the plaintiffs relevant medical, neuropsychological, and social history as
`revealed by discovery and investigation in this litigation, and his examination of
`the plaintif1‘I.’:»l'CSX"'§I will provide a CV for Dr. Hamilton; plaintiff has requested
`and CSXTis:fibnrciinating a deposition of Dr. Hamilton at a mutually convenient
`
`
`
`
`
`

`

`
`
`p ‘
`
`§unset Drive
`4
`
`_. 339 ~ Miami, FL 33143
`..,»,,}_,.Q.
`..
`,
`.
`,
`
`
`
`Case No. 04-15179 CA (10)
`
`
`
`Dr. Ledford is an academic and forensic economist. He is a professor at the
`University of Miami and his expertise as it relates to this matter is forensic
`economics. Dr. Ledford is a defense expert, and his testimony to a large extent
`will be determined. by‘the evidence offered by the plaintiff, and in particular any
`testimony on economic issues by’_'plaintiff’s expert Bernard Pettingill, Ph.D..
`Generally, however, Dr. Ledford’s anticipated testimony will be in rebuttal of
`evidence offered by tlieplaintiff as to future economic damages and their present
`valuefiDrf’Ledford willfteStify on the basis of his education, experience, and
`review of pertinent materials. The facts that form the basis of Dr. Ledford’s
`opinions Willbe the'i'plaintiff’ s relevant social and economic history as revealed by
`discovery and investigation in'this litigation. CSXT will firovide a CV for Dr.
`Ledford, and will coordinate a deposition of Dr. Ledford Sfibsequent to CSXT’s
`deposition of Dr. Pettingill if plaintiff so requests.
`_
`'5
`
`E.
`
`Ray Lopez, M.D.
`Neuroscience Consultants
`7330 sw 62nd Place, Suite 310
`Miami, FL 33143
`
`Dr. Lopez is a medical doctor who specializes‘in neurology. "His expertise as it
`relates to this matter is forensic neurology. Dr. Lopez is afiéfense expert, and his
`testimony to a large extent will be determined by the evidence offeredby the
`plaintiff, and in particular any testimony on neurological issues by plaintiff’s
`expert Walter Afield, M.D. Generally, however, Dr. Lopez’ anticipated testimony
`will be reflected in his forthcoming report'regarding his examination and testing
`of the plaintiff, which will promptly be produced to plaintiffs counsel. Dr. Lopez
`will testify on the basis of his educatiorf’, experience, review of pertinent
`materials, examination of the plaintiff, and any additional bases identified in his
`previously referenced report. The facts that form the basis of Dr. Lopez’ opinions
`will be the plaintiff’s relevant medical, neurological, and social history as
`revealed by discovery and investigation in this litigation, and his examination of
`the plaintiff. CSXT will provide a CV for Dr. Lopez; plaintiff has requested and
`CSXT is coordinating a deposition of Dr. Lopez at a mutually convenient date.
`5»
`
`3&3 ‘ a...
`5". "
`w
`
`
`
`
`
`

`

`Case No. 04—15179 CA (10) '
`
`: rd Souviron, D.D.S.
`hambra Circle
`‘‘(forai’eables FL 33134
`
`1. ‘
`
` ir‘m Dr. SouvironIS a dentist; his expert1se as it relates to this matter is forensic
`dentistry and TMJ1ssues. Dr. SOuvirOn1s a defense expert, and his testimony to a
`large extent will be determined by the evidence offered by the plaintiff, and in
`particular any testimony on neurological1ssues by plaintiffs expert Robert
`Chung, M.D. Generaiiy, however, Dr. Souviron’ s anticipated testimony is
`reflected1nhisreport regarding his examination and testing of the plaintiff, which
`’has been produced top1a1nt1ff’s counsel. Dr. Souviron will testify on the basis of
`‘hlstedficatron, experienCe, review of pertinent materials, examination of the
`plaintiff, and anyadditionalbases identified1n his previously referenced report.
`The facts that form the basis of Dr. Souviron’ s opinions are the plaintiff‘s relevant
`medical, dental; and sOcial history as revealed by discovery and investigation in
`this litigation, and his examination of the plaintiff. CSXT will provide a CV for
`Dr. Souviron; plaintiff has requested and CSXTIS coordinating a deposition of
`Dr. Souviron at a mutually convenient date.
`,
`
`1.
`
`‘G.
`
`Richard E. Strain, Jr., MD.
`1150 N. 35 Avenue, Suite 390
`Hollywood, FL 33021
`
`a
`‘
`
`Dr. Strain is a medical doctor who specializes in orthopedic medicine. He is an
`orthopedic surgeon in clinical practice, and his expertise as it relates to this matter
`is forensic orthopedics. Dr. Strain is a defense. expert, and his testimony to a large
`extent will be determined by the evidence offered by the plaintiff, and in
`particular any testimony on orthopedic issues by plaintiff s treating doctor Bryce
`Epstein, M.D. Generally, however, Dr. Strain’ s anticipated testimony is reflected
`in his report regarding his exammatlonrof the plaintiff, which has been produced
`to plaintiff’s counsel. Dr. Strain Wiil testify on the basis of his education,
`experience, review of pertinent materials, examination of the plaintiff, and any
`additional bases identified in his previously referenced report. The facts that form
`the basis of Dr. Strain’s opinions will be the plaintiff’s relevant medical,
`orthopedic, and social history as revealed by discovery and investigation in this
`litigation, and his examination of the plaintiff. CSXT will provide a CV for Dr.
`'
`'
`i has requested and CSXT1s coordinating a deposition of Dr. Strain
`
`3,
`
`rement date
`
`
`
`
`
`
`
`

`

`ow.
`
`,
`
`,
`~ .
`
`o _,
`
`CaseNo.04-15179CA(10)
`
`
`L,Woodrich, Ph.D
`’3 ,finglewood Lane
`
`Tallahassee FL 32309
`5; Dr.‘ Woodrich is Va,;vocationa._l“rehabilitation counselor in clinical and forensic
`practice; his expertise as it relates'fo’itliis matter is forensic vocational rehabilitation
`and life-care planning-D-r. WoodnCh1s a defense expert, and his testimony to a
`large extent will beadetermmed by the evidence offered by the plaintiff, and1n
`particular any testimony on vocatiOnal rehabilitation and life——care planning1ssues
`by plaintiffs expertvNicholasFidanza Generally, however, Dr Woodrich is
`
`anticipated to ”esti
`buttal of any evidence offered by plaintiff on vocational
`
`rehabl‘htationfan
`fe— lanning1ssues Dr. Woodrich will testify on the basis
`of his education experience, and review of pertinent materials. The facts that
`form the basisof DrWoodnch’s opinions will be the plaintiff’ 5 relevant medical,
`vocational, and socialhistory as revealed by discovery and investigation in this
`litigation. CSXT will provide a CV for Dr. Woodrich, and will coordinate a
`deposition of Dr. WOOdrich subsequent to CSXT’s deposition of Mr. Fidanza if
`plaintiff so requests.
`
`2.
`
`CSXT reserves the right to amend this disclosure by withdrawing any of
`
`the experts disclosed above, and by adding expert withses upon notice or with leave.
`*
`3.
`CSXT additionally reserves the rightto eticit opinion testimony from any
`expert witnesses permitted to testify for theplaintiffat trial, and angiperson who provided
`any form ofmedical or psychological care to the plaintiffat any time. This reservation of
`
`rights is without prejudice to CSXT’s prerogative to challenge the qualification of any
`
`expert and the admissibility of any opinion testimony offered by any of plaintiff.
`
`~
`
`1. C
`
`
`
`1
`{4?
`
`Garzfon flargrove e‘Z James, Q’fl.
`Attorneys for CSX Transportation, Inc.
`2400 E. Commercial Blvd., Suite 1100
`Fort Lauderdale, FL 33308
`Telephone: 954-958-2513
`
`Fax: 954—9?8-2513
`By:
`.‘J 4/M
`Kenneth W. Waterway
`Florida Bar No. 0994235
`
`Reid A. Cocalis
`Florida Bar No. 0724114
`
`
`
`

`

`
`
`0
`
`.
`
`'
`
`”a.
`
`Case No.04-15179 CA (10)
`
` Certificate of service"
`
`I
`
`wThisJiI
`J;
`Howard A. Spier, Esq., Rossman Baumbeé'gEr Reboso & Spier, Attorneys for Plaintiff, 44
`
`‘ e'was served by fax and United States mail on August 30, 2005 to
`
`,
`
`West Flagler Street, Miami, FL 33130-1868 (fax no. 305-577-4370).
`
`J
`
`,.
`
` ‘5
`
`‘_ Gordon Hargrove GZJames, Qfl.
`._,_
`’_._>Attorneys for CSX Transportation, Inc.
`
`By: M
`
`Co nsel
`
`r
`
`Ag?
`‘23;
`
`

`

`
`
`
`
`CSXT will provide a CV for Dr. Alavi
`
`
`
`082011-000047 / 365 / slk
`
`

`

`
`
` Slatryfllflonda '
`_- : .ff center Edi;abicflbéiifiwl;;_ 9"
`
`
`
`'
`
`
`
`
`
`Dadeland Medical Building 7400 North Kendall Drive Suite 416 Miami, FL 33156
`
`Tel (305) 670-4609 Fax (305) 670—3815 E—Mail copof@aol.com
`
`www.copot.com
`
`Angel Rafael Diaz, M.D.
`
`CurricUlum Vitae
`
`Expenence
`
`Feb.1996—Present
`
`Medical Director for the Center of Occupational Psychiatry of Florida.
`
`May 1995-July 1997
`
`Co-Chairman Department of Psychiatry and Behavioral Medicine at South Miami Hospital.
`
`July 1996-Oct.1996
`
`Medical Director, New lmage/Wellcare Partial Hospitalization Program.
`
`April 1994-June 1996
`
`Nov.1993-March 1994
`
`June 1993-July 1994
`
`June 1988—May 1993
`
`Aug. 1991-July 1996
`
`July 1988—June 1989
`
`Feb. 1988-March 1990
`
`Nov. 1986-Feb. 1988
`
`Medical Director, American Day Treatment Center, Miami, Florida.
`
`Adult Program medical Director. American Day Treatment Center, Miami, FL.
`
`Consultant Psychiatrist for the Pain Management Center at Deering Hospital,
`Miami, Florida.
`
`Consultant Psychiatrist for the Pain Clinic at Baptist Hospital, Miami. Florida.
`Member of the Board of Governor, Larkin General Hospital, Miami, Florida.
`
`Chairman, Department of PsychiatryélLarkin General Hospital, Miami, Florida.
`Consultant Psychiatrist to the Metropolitan Correctional Center, Miami, Florida.
`
`Medical Director of South Florida Reception Center. Crisis Stabilization Unit,
`Miami, Florida.
`
`1986-1995
`
`Member of the Medical Vendor Panel, Office of Disability Determinations, State
`of Florida Department of Health and Rehabilitative Services as Psychiatrist.
`
`April 1986-Aug.1987
`
`Consultant Psychiatrist for the Rader Institute of Eating Disorders.
`
`1981—2002
`
`Private practice of general Psychiatry with hospital privileges at most General and
`Psychiatric Hospitals in the Dade county area.
`
`July 1998-Present
`
`Member of the Board of Director Chamber of Commerce of Puerto Rico in South Florida.
`
`1985-Present
`
`1981-1983
`
`19814983
`
`1980~1982
`
`Workmen's Compensation and Forensic Evaluations for private community attorneys.
`
`Conducted mental status examination, medical follow—up, psychotherapy crisis
`intervention and staff supervision, twenty four hours per week, at the Community
`Mental Health Center of South Dade.
`
`Consultant Psychiatrist to mentally retarded living at Mac Town, Inc., and Pioneer
`Boarding Home.
`
`Geriatric Consultant for several nursing homes in the Miami Beach area.
`
`ASSIstant Professor, The Miami Institute of Psychology, Caribbean for Advanced Studies.
`
`

`

`Angel Rafael Diaz, M.D.
`
`Educaflon
`
`Doctor of Medicine, Autonomous University of Guadalajara, Mexico (1972-1976).
`
`Fifth Pathway Program. School of Medicine of Puerto Rico (1976-1977).
`
`First year of Family Practice, R.E. Thomason General Hospital, El Paso, Texas (1977-1978)
`
`Residency in Psychiatry, University of Miami School of Medicine, Jackson Memorial Hospital (1978-1981).
`
`School of Public Administration. University of Puerto Rico, 45 credits accumulated for M.P.A. (1970—1972).
`
`Bachelor of Arts in Natural Science, University of Puerto Rico (1965-1969).
`
`Licenses and Certificates
`
`American Board of Psychiatry and Neurology, 1983.
`
`Federal Licensure Exam (FLEX), license to practice in Florida, 1981.
`
`Puerto Rico Board of Medical Examiners, licenSe to practice in Puerto Rico, 1987.
`
`Expert medical Advisor- Division of Worker's Compensation, September 17. 1997.
`
`Diplomate of the American College of Forensic Examiners. 2000.
`
`Awards
`
`Resident of the Year, "Juan Bellovar Memorial Award", Department of Psychiatry,
`
`Jackson Memorial Hospital, 1979.
`
`Society Memberships
`
`'. Academy of Organization and Occupational Psychiatry.
`
`Interamerican College of Physicians and Surgeons.
`
`American College of Forensic Examiners.
`
`Employee Assistance Professionals Association (EAPA).
`
`Chamber of Commerce of Puerto Rico in South Florida.
`
`References will be furnished upon request,
`
`

`

`Sac“ .Vang
`LECP
`CENTER. Foe OCCUPATIONAL PSYCHIATRY OFEJLORIDA
`
`
`
`AngelR. Din, MD.
`MedicalDirector
`
`Diplomats, American Board
`ofPsychiatry and Neurology
`
`
`
`
`
`
`
`7400N.KendanD'rive
`Suite416
`
`mmpmfidasslss
`
`Ofl'lce (305) 670-4609
`Fax(305) 670-3815
`www.copof.com
`
`®
`
`Stafl'Members afCOPOF
`
`Juan DeLosV Santos, A.R.N.P
`
`Maria DeLos Santos, A.R.N.P
`
`Jorge Bustamante, LCSW
`Psychotherapist
`
`Daniel R. Mesch, MS, LMHC
`Biofeedback, Psychotherapist
`
`
`
`'August 15, 2005
`
`Kenneth W. Waterway, Esq.
`
`2400 East Commercial Boulevard
`Suite 1100
`
`Fort Lauderdale, Florida 33308.
`
`- Patient:
`
`Thomas M. Kearns
`
`September 26, 1977
`Date of Birth:
`Social Security Number: —
`Date of Accident: April 27, 2004
`
`Dear Mr. Waterway:
`
`seen in my office for
`The above captioned individual was
`the first time on August 11,
`2005 for the purpose of an
`independent psychiatric evaluation.
`'
`
`I had the opportunity
`the preparation of this report,
`For
`to interview Mr. Kearns as well as to review the following
`medical records, specifically:
`
`-
`—
`—
`
`—
`
`Records from Raulerson Hospital.
`.
`Records from Diane Poliakoff, Psy.D.
`including an
`Records
`from. Walter Afield, MD,
`initial evaluation, dated December 17,
`2004,
`as
`
`well as follow—up notes through April 12, 2005.
`A. neurobehavioral assessment, dated December 7,
`2004,
`and a
`computerized brain mapping,
`dated
`December 7, 2004.
`
`Continued
`
`
`
`

`

`
`
`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 2
`
`-
`
`—
`
`~
`
`Evaluation
`
`of
`
`records
`
`and
`
`case
`
`coordination
`
`prepared by Dr. Walter Afield, dated April
`2005.
`
`1,
`
`Evaluation from Robert Chuong, MD, dated December
`14, 2004.
`Radiological/imaging reports.
`
`opportunity to review the
`the
`also had
`I
`deposition transcripts, specifically:
`
`following
`
`
`
`—
`
`-
`
`—
`
`—
`
`—
`
`
`taken on March 14, 2005.
`Suzanne Leitner, LCSW,
`LEETEEE‘UT“?EEEE§T°EUEEEEITT7s nfither,
`taken on
`July 7, 2005.
`p
`Thomas Kearns, plaintiff’s father,
`taken on July
`7, 2005.
`taken on November
`Thomas M. Kearns, plaintiff,
`30,
`2004,
`as well
`as
`a video tape of
`this
`
`deposition.
`Mr. Thomas Kearns’ arrest on December 16,
`secondary to a DUI.
`”
`I also reviewed.
`records
`fron1 the Department of
`
`2004
`
`Highway Safety and Motor Vehicles, County of
`Broward,
`filing' date of
`January 26,
`2005
`and
`arrest date of December 16, 2004.
`
`from. Dawson Brian High School, Clayton
`Records
`College and State University.
`
`involved ‘in a
`is a 27—year-old. male who was
`Mr. Kearns
`work—related accident on April 27, 2004.
`At that time, he
`was working as a railroad engineer
`for a company by the
`name of
`CFX.
`.
`The patient describes his
`accident
`as
`
`“I was working in the Okeechobee area around 4:00
`follows.
`I
`stepped
`over
`a
`latch and
`I
`fell
`from
`a.m. when
`approximately 15 feet high and landed on the left side of
`my body and head”.
`The patient is not sure if he had loss
`of
`consciousness,
`and
`he
`added,
`“I
`only know that
`I
`couldn’t breathe,
`and
`I was
`taken via
`rescue
`to the
`
`Regional Hospital in Okeechobee”.
`
`Mr. Kearns stated that he had different tests,
`
`including x—
`
`rays, and he was released the same day.
`
`Continued
`
`

`

`
`
`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 3
`
`reviewing
`history by
`corroborate. Mr. Kearns’
`could
`I
`medical records from Raulerson Hospital where he was
`seen
`
`There is
`on the day of the accident at the emergency room.
`that
`the
`a description. of
`the accident 'where
`it
`stated.
`patient fell on to the ground hurting his back and that he
`threw up two times
`and he was brought via EMS with a
`cervical collar.
`It also stated that upon arriving to the
`emergency
`room,
`he was
`alert
`and oriented x
`3,
`and
`according to the report, “he denies LOC”.
`
`It is noted that the patient had a Glasgow-Coma Scale of 15
`‘(a score of
`12 or
`less
`indicates possible neurological
`insult).
`There
`is also a notation that under
`initial
`
`the patient denied any dizziness or blurred vision.
`visit,
`He had a C—spine and LS—spine x—rays as well as a CT scan
`of the head.
`The clinical impression was contusion of head
`and back.
`The CT scan of the head was normal as well as
`
`chest x—ray, cervical spine and lumbar spine.
`
`Mr. Kearns stated that he was referred to see an orthopedic
`
`physician by the name of Dr. Bryce Epstein approximately a
`week after his
`accident.
`“At
`that
`time,
`I
`had pain
`everywhere, and I thought I had broken ribs”.
`
`The patient stated that Dr. Epstein’s intervention included
`physical
`therapy, analgesic medication and EH1 MRI of
`the
`left shoulder was alSo performed,
`and he was told “that
`I
`might have a rotator cuff
`tear and.
`a bulge on. my back,
`nothing major”.
`(Apparently, Dr. Epstein also sent him for
`an MRI of his
`lumbar
`spine, but
`I do not have medical
`records from this physician to review).
`
`for
`Epstein
`Dr.
`saw
`he
`that
`stated
`patient
`The
`approximately six months,
`and he acknowledged improvement
`from this
`intervention,
`although he made clear
`to me,
`
`“anything that I take over my shoulder is painfulmsome days
`I do better than others”.
`
`For his physical problems, he is currently not seeing any
`physician or
`taking any medication.
`He claimed that
`for
`his pain he
`takes
`over—the—counter medication,
`such as
`Tylenol ES or Aleve.
`
`Continued
`
`

`

`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 4
`
`Mr. Kearns stated that after the accident, “I was stressed
`
`out because I could not go back to workmmy mother wants me
`to see a neurologist”.
`
`to
`Mr. Kearns stated that around December of 2004, he went
`see a neurologist
`in the Tampa area by the name of Dr.
`Walter Afield.
`He
`stated that
`he
`saw Dr. Afield
`
`approximately five times,
`the end of last year.
`
`and that he began to see him at
`‘
`
`records from Dr. Wilter AfiEId,
`
`dated
`assessment,
`neurobehavioral
`a
`also performed
`He
`this
`December 7, 2004,
`and under summary, “the results of
`test are indicative of an individual who places within the
`low average
`range
`in
`terms
`of
`general
`intellectual
`ability”.
`Dr. Afield noted that Mr. Kearns was reading at
`the high school level and spelling at the 8u‘grade level as
`well as doing arithmetic at
`the 5th grade level.
`He
`then
`added,
`“he
`is
`severely depressed,
`nervous,
`angry
`and
`suspiciousmfeeling
`of
`persecution,
`reference
`and
`maltreatment
`are
`notedmhe
`is
`confused
`and
`
`I had the opportunity to review medical
`includifigflhi§_initial evaluation that was on
`
`December 7, 2004, and his diagnoses are contained in his
`report,
`and among
`them included “a concussion,
`rule—out
`organicity,
`rule—out
`seizure
`disorder,
`TMJ’
`disorder,
`depression,
`severe,
`anxiety, possible panic—attacks
`and
`post traumatic disorder”, and this was related to the April
`27, 2004 accident. Dr. Afield recommended a TMJ evaluation
`
`as well as psychometric testing as well as psychotherapy
`treatment ASAP.
`He stated, “the patient is not suicidal at
`this point, but he may become suicidal
`if not properly
`treated”.
`Dr. Afield felt that the patient had suffered a
`severe concussion.
`
`Dr. Afield sent Mr. Kearns for a SPECT brain scan, and the
`conclusion
`stated,
`“multiple. moderate
`sized
`profusion
`defects are noted as discussed above,
`including bilateral,
`frontal,
`left parietal
`and
`right
`posterior parietal
`occipital regions” and clinical correlation is recommended.
`This brain scan was done on April 17, 2005 and was read by
`Michael Foley, MD.
`
`disorganizedmsevere levels of anxiety and tension may make
`simple routine life tasks impossiblemagitated rumination,
`fearfulness,
`obsessions,
`compulsions
`and
`phobias
`are
`present”.
`
`Continued
`
`

`

`i
`
`
`
`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 5
`
`He then ended by saying, “these results are indicative of a
`post
`traumatic stress.disorder”.
`Throughout
`the time that
`Dr. Afield saw Mr. Kearns,
`there is documentation that the
`
`severely disabled and
`is
`patient
`confused and disorganized.
`
`that
`
`the patient
`
`is
`
`is referred to see Dr. Poliakoff, Psy.D., who
`Mr. Kearns
`January 26,
`2005
`for
`the
`first
`time,
`and
`saw him on
`according to the initial
`intake,
`“the patient presented
`complaining-of decreased memory for daily activities that
`he cannot concentrate”.
`He was
`takin no medication,
`and
`according to Dr. Poliakoff, he rated him with a GAF of 50
`and
`prognosis
`“guarded”.
`_He
`recommended
`cognitive
`behavioral
`therapy _as well
`as
`supportive
`and
`anger
`management. Mr. Kearns denied to Dr. Poliakoff alcohol or
`‘substance abuse.
`
`On a note of February 22, 2005, under drug/alcohol history,
`it stated, “sober and at AA since 1% years”.
`
`sold his
`the patient
`is an indication that
`There
`recently, and he was also demoted at his Work.
`
`home
`
`Mr. Kearns stated that he continues under
`
`treatment with
`
`referred there by Dr.
`“I was
`and stated,
`Dr. Poliakoff
`Afield”, and he is seeing her on an average of every week.
`He stated,
`“although.
`there was
`a period. of
`time that
`I
`didn't see her”.
`He also stated that he was
`referred by
`Dr. Poliakoff
`to see a psychiatrist by the name of Dr.
`Maiser,
`“he wanted to put me on medicine, but
`I refused”.
`Upon
`further
`questioning,
`he
`stated that Dr. Maiser
`prescribed medication and he filled the prescription, but
`he is not
`taking the medication.
`He cannot
`remember
`the
`name of the medication.
`(This information, about seeing Dr.
`Maiser,
`could not
`be corroborated by
`reviewing medical
`records).
`
`from an
`been doing
`has
`asked how he
`Mr. Kearns was
`replied,
`“I
`just want
`to
`emotional
`standpoint,
`and he
`return to worka want my job back".
`then immediately
`He
`started complaining about
`the fact
`that he has been sent
`for evaluations to different places.
`He complained about
`having to go up to Tampa to see Dr. Afield.
`He claimed
`that he has to bother a friend to drive him up there.
`
`Continued
`
`

`

`
`
`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 6
`
`to
`He also complained about having to come down to Miami
`see
`me
`here
`today
`and
`that
`he
`has
`to
`see
`other
`professionals in this area.
`He stated,
`“I
`am sick and
`tired of all of this”.
`
`When I asked him about depressive symptoms, he replied, “do
`I
`look depressedmI
`ant a happy' guy”.
`He was also asked
`about memory problems, and he replied, “I don’t think so”.
`
`PAST PSYCHIATRIC HISTORX:
`
`
`
`
`any past psychiatric history.
`He denies
`any
`He denies
`history of violent behavior or suicide attempt.
`
`SUBSTANCE ABUSE HISTORY:
`
`He was asked about alcohol or substance abuse or if he has
`
`ever had any problem with the law because of alcohol,
`including DUI's,
`and
`he
`denies
`it.
`Upon
`further
`questioning,
`I asked hiHl about
`a DUI
`two times,
`and he
`denies it.
`He claimed that a couple of years ago, he saw a
`rehab therapist, “I was
`there by nwself”.
`He
`then added
`that he has been sober after 2002, but later, he did admit
`
`is interesting
`It
`that on occasions, he drinks alcohol.
`that at this point, he became very upset and guarded about
`my questioning about alcohol intake.
`
`LEGAL HISTORX:
`
`He denies having problems with the legal system.
`ever being incarcerated.
`
`He denies
`
`MEDICAL AND SURGICAL HISTORY:
`
`Other than a hernia, he did not elaborate and claims to be
`unremarkable.
`
`There are no known allergies.
`
`SOCIAL HISTORY:
`
`He claimed to be living in
`Mr. Kearns was born in Ohio.
`the last
`five years.
`He
`is
`the South Florida area for
`single and has never been married.
`
`Continued
`
`

`

`
`
`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 7
`
`a girlfriend,
`has
`he
`recently
`that
`claimed
`He
`is renting a
`He
`two months.
`the last
`specifically for
`house, and he stated, “she is there all the time”.
`He did
`acknbwledge that he used to own a house that he sold around
`February of 2005,
`“I
`sold it
`for a guofit and now I
`am
`renting”.
`
`had
`
`He
`His parents live in Ohio, and he has an older sister.
`claims to have few friends, and he stated that his closest
`
`
`
`background
`educational
`. His
`recently.
`friend married
`
`entails of a high school diploma and he attended a railroad
`SC 001 for one month.
`'
`
`WORK HISTORY:
`
`He worked for a railroad company by the name of CFX for
`seven years.
`He claimed that during those seven years, he
`was a conductor
`for one year,
`and for six years, he has
`been an engineer.
`He stated that after the accident, he
`was out of work for approximately' eight months ‘and then
`returned and worked for two or three weeks, but
`then he was
`suspended from his job because “they accused me of stealing
`time, and I am in appeal”. Mr. Kearns elaborated a little
`bit more about this incident and stated, “I feel it is not
`right, engineers are not required to do time—keeping”.
`
`DAILY LIVING ACTIVITIES:
`
`He can feed,
`He can drive his car without difficulties.
`does not
`look
`bathe,
`dress
`and undress himself.
`He
`neglected.
`He
`is right—handed.
`He can handle his own
`economical affairs.
`He can communicate.
`
`MENTAL STATUS EXAMINATION:
`
`He
`Mr. Kearns came to the interview situation by himself.
`drove from the Hollywood area where he lives by himself.
`He was cooperative.
`-He was alert and oriented X 4.
`His
`speech was coherent.
`He was in no acute distress.
`He was
`
`He was wearing a baseball cap.
`well dressed and groomed.
`He was walking without
`the help of any device.
`There was
`no presence of pain behavior. His thought content revolved
`mostly around the fact that he is very upset because he has
`been going to different doctors for evaluations.
`
`Continued
`
`

`

`
`
`
`
`
`
`
`
`Patient:
`
`Thomas M. Kearns
`
`Page 8'
`
`He also stated that apparently he has been put under
`surveillance,
`“they
`are
`following
`me
`around”.
`Interestingly,
`somatic complaints were not present.
`He
`also verbalized that he is willing and eager to return to
`work, and that he has been actively looking for a job, “I
`have applied to different companies in the Pacific area,
`I
`might move
`there if I
`land a job”.
`Thought process was
`goal oriented.
`There was
`no
`evidence of perceptual
`disturbances,
`Such as auditory or visual hallucinations,
`and no delusional
`thought content.
`His mood was mildly
`anxious and, again, upset at times, but
`in general, he was
`
`
`
`pleasant.
`He would
`smile
`spontaneously.
`He
`denies
`or
`or
`suicidal
`homicidal
`ideations,
`active
`passive.
`Cognitively, he was intact.
`I could not detect any memory
`or concentration problems. His history of present illness
`could be corroborated by reviewing medical
`records.
`His
`judgment was also fairly intact.
`
`PSYCHIAERIC IMPRESSION:
`
`AXIS I:
`
`AXIS II:
`
`AXIS III:
`-
`
`AXIS IV:
`
`AXIS V:
`
`‘
`
`l.
`
`Adjustment Disorder with Mixed
`Emotional
`Features,
`Chronic
`according to the DSM—IV.
`Substance Abuse dependence (alcohol).
`2.
`Deferred.
`
`Type
`
`1.
`
`Status post closed-head and lumbar
`trauma, resolved.
`
`2.
`
`to left
`trauma
`Status post
`rotator cuff tear by history.
`Psychosocial
`Stressors:
`Not
`worried about his occupational
`current litigious process.
`GAF:
`75 (Present)
`
`shoulder,
`
`working,
`future and
`
`Mr. Kearns sustained a work—related accident on April 27,
`2004 where he sustained multiple body trauma,
`including a
`closed—head trauma,
`for which he received initial treatment
`at
`the local emergency room with essentially unremarkable
`findings.
`Apparently,
`the patient
`had
`some
`cognitive
`complaints,
`for which his mother
`referred him to
`a
`neurologist to be evaluated.
`
`Continued
`
`

`

`Patient:
`
`Thomas M. Kearns
`
`Page 9
`
`according to the deposition of Letitia
`Apparently and
`Kearns around June of 2004,
`she noticed that her
`son had
`
`some irritability and shortness in attention span, and for
`this reason,
`she recommended him to see a neurologist.
`In
`that
`same deposition,
`she acknowledged that Mr. Kearns was
`referred to a neurologist
`by Mr.
`Spier,
`who
`is
`the
`plaintiff’s attorney.
`
`r l
`
`I mentioned above, Mr. Kearns was evaluated by Dr.
`As
`Afield
`who
`believes
`that
`the
`patient
`has
`severe
`symptomatology as a cnnsequence of
`this accident,
`and he
`referred. hiHl
`to Dr. Poliakoff, who
`is currently 'treating
`him.
`
`
`
`it was
`from Dr. Afield,
`records.
`reviewing medical
`Upon
`noted that althougthr. Afield feels that
`the patient has
`severe symptomatology,
`including cognitive and significant
`mood symptoms, Mr. Kearns was able to engage in real estate
`transaction,
`selling his house
`and
`supposedly making a
`profit.
`During that
`same period of
`time, Mr. Kearns has
`been able to perform activities of daily living without any
`major interruption.
`'
`
`the
`in spite of
`that
`is also interesting to note
`It
`severity of the symptoms described by Dr. Afield,
`there is
`no
`documentation
`' of
`any
`inpatient
`psychiatric
`hospitalization or psychotropic medication prescriptions to
`alleviate such symptoms.
`
`Although Mr. Kearns denied to Dr. Poliakoff and myself any
`alcohol
`intake,
`there is evidence that he had a DUI arrest
`in December of 2004.
`In Dr. Afield’s notes,
`there was no
`notation about that incident in particular,
`in spite during
`that
`same period of time, he has been seen by Dr. Afield.
`There was no notation that he had a history' of alcohol
`abuse, which I
`could corroborate,
`and it
`is very well
`documented in the deposition of Suzanne Leitner, who is an
`LCSW,
`and who treated Mr. Kearns after he was mandated by
`his employer
`to see her when he failed a breathalyzer test
`around 2002.
`
`Continued
`
`

`

`
`
`
`
`W”—-————_“‘"
`
`Patient:
`
`Thomas M. Kearns
`
`Page 10
`
`found it interesting that, although Dr. Afield had been
`I
`documented
`constantly
`the
`severity
`of Mr.
`Kearns’
`psychiatric symptoms, on a note written by him, under
`the
`title of Evaluations of Records
`and Case Coordination,
`dated April
`1,
`2005, Dr. Afield acknowledged that
`the
`all