Here is the transcript of Dr. Crane`s testimony in this case

Transcription

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SUPREME COURT OF THE STATE OF NEW YORK
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COUNTY OF BRONX: CIVIL TERM: IA-29
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FAUSTO REY ESPINAL,
x
Index No.
20189-2005
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Plaintiff(s)
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-against7
1157 EAST 156TH STREET,
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Defendant(s) .
__________________________________________ x
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851 Grand Concourse
Bronx, New York 10451
May 24, 2010
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B E FOR
E:
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HONORABLE ROBERT TORRES,
Presiding Justice.
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A P PEA
RAN
C E S:
TROLMAN, GLASER & LICHTMAN, P.C.
Attorney for the Plaintiffs
777 Third Avenue
New York, New York 10017
BY: MICHAEL A. MADONNA, ESQ.
COHEN, KUHN & ASSOCIATES
Attorney for the Defendants
Two Park Avenue - 6th floor
New York, New York 10016
BY: GARY P. ASHER, ESQ.
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SHONELL N. MABRY
Senior Court Reporter
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- Proceedings -
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(Whereupon, the luncheon recess was taken.)
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AFT
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ERN
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S E S S ION
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COURT OFFICER: All rise, jury entering.
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(Whereupon, the sworn jurors enter the courtroom
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and take their respective seats.)
THE COURT: Be seated.
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lunch.
We'll now continue. You may call your witness.
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MR. ASHER: On behalf of the defendants, I call Dr.
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I hope everyone had a good
Edward Crane, New York City, as a medical expert.
(Whereupon, the witness was escorted into the
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courtroom, onto the witness stand and sworn in by the
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clerk.)
COURT CLERK: Remain standing and raise your right
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hand.
Do you solemnly swear or affirm the testimony that you
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are about to give in this case will be the truth, the
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whole truth and nothing but the truth?
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THE WITNESS:
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COURT CLERK: Please have a seat.
Please state your name and business address for the
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I do.
record.
THE WITNESS:
Dr. Edward Crane,
152 East 73rd Street, New York, New York 10021.
THE COURT: Good afternoon, Doctor.
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461
Dr. Crane - Defense - Direct
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THE WITNESS:
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THE COURT: You may inquire.
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MR. ASHER: Thank you, your Honor.
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DR. EDWARD CRANE, having been called as a witness
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by and on behalf of the Plaintiff, having been first duly
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sworn, was examined and testified as follows:
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DIRECT EXAMINATION
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BY MR. ASHER:
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Q.
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..,
~
Good afternoon, sir.
Dr. Crane, are you a duly licensed physician in the
State of New York?
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A.
Yes, I am.
12
Q.
And what year were you so licensed?
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A•
1967.
14
Q.
And what medical school did you graduate from?
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A.
New York Medical College.
16
Q.
And did you undergo post medical school graduate
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training, as well?
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A.
I did.
19
Q.
And did you also undergo what is known as a rotating
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internship?
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A.
I did.
22
Q.
Can you explain to the jury what that is?
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A.
Well, a rotating internship was a one year period of
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training where you're already a physician but you get additional
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training.
And it was broken down into three months of surgery,
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three months of medicine, subspecialization in different
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branches of medicine, cardiology, neurology, gastroenterology
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and so forth, obstetrics, pediatrics.
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year.
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6
Q.
It was an interesting
And after you did that, did you complete an orthopedic
surgical residency at Lenox Hill Hospital, as well?
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A.
Yes, I did.
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Q.
Could you describe for the jury what happens in an
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10
orthopedic residency?
A.
Well, the residency was four years.
The first year was
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a residency in surgery and the next three years were
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specializing just in orthopedic surgery, which is the part of
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medicine that deals with the diagnosis and treatment both
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surgical and medical treatment of disorders and injuries to the
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spine, arms, legs, bones, tendons, joints and so forth.
And during the course of that three year orthopedic
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residency, you spend time doing trauma, fracture work,
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upper/lower extremity work, hand surgery, spine surgery,
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pediatrics, pediatric orthopedics, pathology.
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orthopedic surgery.
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22
Q.
Did you also serve as an orthopedic surgeon in the
United States Air Force?
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A.
I did, for two years.
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Q.
Are you board certified by the
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Every aspect of
American Board of Orthopedic Surgeons, Doctor?
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~
~
am.
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A.
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2
Q.
And when did you receive your board certification?
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A.
In 1972.
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Q.
And could you please explain to the jury what you must
.•.....
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do to pass an orthopedic surgery board?
A.
After you finished your residency, you have to be
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certified by your director as having done a satisfactory job, an
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approved job and then you have to be in practice for a year and
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then you're given the opportunity to take an examination.
It
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was a two day oral and written exam on all aspects of orthopedic
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surgery.
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you as a diplomate of the American Board of Orthopedic Surgeons.
And then, if you pass that examination, they certify
13
Q.
And are you so certified?
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A.
Yes.
15
Q.
Did you also serve as a team physician for any sports
A.
That was a long time ago, it was for the Yankees but it
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team?
was in the late 70s.
Q.
Now, do you have experience of both treating and
operating on patients?
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A.
Yes.
22
Q.
Tell us a little about that.
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A.
Well, I have been in practice since 1971 and performed
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surgery for over forty years. I have an active practice and I
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have done every type of orthopedic surgery in every aspect of it
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over the years.
Q.
care as it existed in the New York metropolitan area, in 2005?
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A.
Yes.
5
Q.
And that includes until the present date?
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A.
Yes.
7
Q.
Now, at the request of my office, did you perform a
8
full orthopedic exam on the plaintiff in this case, Fausto
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Espinal, including the taking of x-rays and preparing of a
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report?
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A.
I'd say it was a full orthopedic examination focusing on the
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areas in question, the areas that were said to have been injured
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in the accident.
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you said.
But aside from that, yes, I agree with what
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Q.
And you prepared a report?
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A.
I did.
MR. ASHER: Your Honor, at this time I would ask
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that the Court take judicial notice that a report was
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prepared and exchanged to counsel as part of the
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defendant's right to defend this lawsuit.
THE COURT: Okay.
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J
Well, I wouldn't call it a full orthopedic examination.
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I
Are you also familiar with the standards of orthopedic
Q.
Have you been qualified to testify as an expert in
courtrooms in New York City, including the Bronx?
A.
I have.
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MR. ASHER: Your Honor, I now offer
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Dr. Edward Crane, of New York City, as a medical expert in
this case.
THE COURT: Any objection?
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MR. MADONNA: No legal objection to his
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qualifications, Judge.
THE COURT: He will be accepted as such.
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As I explained to you earlier or previously,
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experts can render opinions or testify to hypothetical
situations.
appropriate time.
Ask the next question.
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Q.
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Okay.
Do you review cases for both plaintiffs and defendants
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I will give you further instructions at the
in personal injury actions?
A.
I do.
Q.
And what is the percentage that you do for plaintiffs
and/or for defendants?
A.
You are referring to medical examinations,
medical/legal?
21
Q.
Yeah, medical/legal examinations, yes.
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A.
I would say a great majority are done on behalf of
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defendants.
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ten percent on behalf of plaintiffs.
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Q.
Probably ninety percent on behalf of defendants and
And the -- with respect to medical/legal evaluations,
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what percentage of time do you say you spend, overall, on
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medical/legal evaluations?
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I spend about 25 percent of my time doing medical/legal
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evaluations, the balance of my time is spent with my active
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orthopedic practice and with hospital responsibilities and
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teaching responsibilities at the hospital with our residency and
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so forth.
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~
~
A.
Q.
And what percentage of income would you say, your
income, comes from medical/legal evaluations?
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A.
About thirty percent.
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Q.
And when you say you conducted a medical examination,
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medical/legal examination in this particular matter, did that
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also include the medical examination, review of records and then
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the report, as well?
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A.
Yes.
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Q.
Could you tell us what fees you charge for those type
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of services?
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A.
Yes. A typical fee is a $750.00 fee, which includes the
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review of the records unless they are voluminous and the
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examination and the preparation of the report.
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Q.
Have you ever testified for the
Office of Cohen, Kuhn and Associates before in court?
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A.
I don't believe so.
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Q.
Now, did I ask you or my office ask you to cancel your
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office appointments and to come here, for your time to come and
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testify here in court?
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A.
Yes.
3
Q.
Okay.
And what are you charging for your time to be in court?
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A.
$5,000.00.
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Q.
All right.
And from time to time, did my office ask you to examine
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plaintiffs such as Mr. Espinal in other medical legal
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examinations?
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A.
Yes.
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Q.
And overall, for all your practice, about how many
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medical/legal
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time?
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A.
I do about five or six medical/legal evaluations a
week, maybe six.
Q.
Now, focusing on this particular case, when did the
medical evaluation take place in this particular case?
THE WITNESS: If I may review -- look at my
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examinations do you do in a weeks time or a months
records.
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THE COURT: You may.
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THE WITNESS:
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(Pause.)
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A.
Looking at my report, it said I examined
October 1, 2008.
Q.
Thank you, your Honor.
All right.
Mr. Espinal
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Now, do you also testify in court on a certain
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percentage of your time or on a monthly basis or otherwise that
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you can tell us about?
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A.
You mean how often do I come to court?
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Q.
Yes.
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A.
Over the last few years, its averaged about once a
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month.
Q.
Now, when you received this file, did it note what the
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Okay.
date of the accident was in this case?
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A.
It did.
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Q.
Okay.
So at the time that you took the examination, an
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accident occurred on what date, sir?
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A.
When did the accident occur?
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Q.
Yeah.
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A.
On June 8, 2005.
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Q.
SO at the time you were taking the exams of,
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approximately, more than three years after that; is that
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correct?
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A.
Yes.
22
Q.
And where did the examination take place?
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A.
At my office, at 152 East 73rd Street,
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New York City.
Q.
And how long did that examination take?
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A.
It took fifty-six minutes.
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Q.
Started about 11:30?
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A.
Started at 11:30 and ended at 12:26.
4
Q.
And in addition to the exam, did my office also provide
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you with medical records and materials?
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A.
Yes.
7
Q.
And could you tell us what those medical records and
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materials are or were?
A.
It was the Bill of Particulars, the supplemental Bill
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of Particulars, a transcript of Mr. Espinal's examination before
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trial testimony and the medical records from Lincoln Hospital,
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Dr. Kaplan, Dr. Khrone, Manhattan Diagnostic Radiology,
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Cabrini Medical Center, Vista Medical Rehabilitation,
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Complete Medical Services of New York, U.S. Diagnostic,
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Alpha Chiropractic.
16
Q.
Okay.
And then I also sent you certain x-rays?
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A.
Yes.
19
Q.
Okay.
And what x-rays were you given?
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A.
From June 8, 2005, x-rays of the pelvis, cervical
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spine, thoracic spine, right wrist and right elbow. June 9,
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2005, the right elbow, right shoulder and right hand. August 10,
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2005, the right hand and elbow. September 23, 2005, right
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shoulder, right elbow. January 26, 2006, the lumbar spine and
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right elbow.
And then additional x-rays of the right elbow of August
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9, 2006 and January 3, 2007.
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7, 2007 and March 28, 2007.
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Q.
And after those x-rays, were you supplied with any
supplemental records by my office?
A.
Yes, I received updated records from
Dr.
Krone and Dr. Kaplan.
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10
And CTs of the right elbow, March
MR. MADONNA: Objection, your Honor, may we
approach?
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THE COURT: Step up.
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(Whereupon, a brief discussion was held at the
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bench. )
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THE COURT: Next question.
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MR. ASHER: Okay.
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Q.
Did Mr. Espinal have a Spanish interpreter with him at
the exam?
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A.
He did.
19
Q.
And who was the interpreter?
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A.
Sherlyn Lenaris from Trolman, Glaser and Lichtman.
21
Q.
And was she present throughout the exam?
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A.
She was.
23
Q.
And at the start of the exam, did you ask Mr. Espinal
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what his complaints were?
A.
I did.
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Dr. Crane
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Q.
1
- Direct
Okay.
2
And what complaints
did he make?
He said he couldn't
straighten
A.
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- Defense
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completely,
that his lower back hurt.
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pain
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lower back pain
in his neck and right shoulder.
ran through
his right
That occasionally
And did he make any complaints
8
A.
No.
9
Q.
Now, did you take a past medical
10
A.
I did.
11
Q.
And was that past medical
to what you were examining
about
history
significant
It was not.
14
Q.
And did he tell you what his current
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A.
Yes.
16
Q.
And what did he tell you?
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A.
He said he took no medications
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didn't.
Q.
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motion
with
him for?
A.
And I asked
numbness?
history?
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the
his left leg.
Q.
respect
he had
And that sometimes
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12
elbow
medications
except
Tylenol
are?
NO.3.
him if he had taken any on that date and he said he
Now, did you also go through
what
is called
a range of
test with Mr. Espinal?
22
A.
I did.
23
Q.
And could
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exam,
the range
25
etcetera?
you describe
of motion
for us that portion
test and what part
of your
of the body,
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A.
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2
just
So, do you want me to
just discuss the neck first?
3
Q.
Sure.
4
A.
In his neck, I asked him to tilt his head back as far
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as he could and to bend it down forward as far as he could, this
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is called extension and this is called flexion. (Indicating.)
And then I asked him to rotate his head to the left as
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8
far as he could and then to the right as far as he could, and
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made
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you know, made notations about his range of motion.
Q.
Okay.
And what were your findings -- are your findings that
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you have made with respect to that with a reasonable degree of
13
medical certainty?
14
A.
Yes.
15
Q.
And what were your findings?
16
A.
They were normal.
He had cervical extension to thirty
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degrees, flexion forty-five degrees, rotation to the right to
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seventy degrees and to the left to seventy degrees. And he had
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no pain with that activity.
20
Q.
22
Okay.
And was there another part of the body that you did
21
range of motion tests on?
23
A.
I did, on his elbow and shoulder and his back.
24
Q.
Okay.
25
I
Well, first I examined his neck.
Could you go through those for us, please?
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A.
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tested in forward elevation, which is this direction and it was
3
to 180 degrees.
Now, we all have a little bit of difference in the
4
c
On his shoulder, range of motion of his shoulder was
5
amount of flexibility we have in our joints, so that the most
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accurate way for me in assessing whether a motion is normal is
7
to test the injured side and then also test the uninjured side
8
and compare the two.
9
if you'd ever had any problems with that other shoulder, for
Of course, you have to ask ahead of time
10
example. And if the answer is that there had never been a prior
11
injury to the left shoulder, then you know that that whatever
12
they have in the left shoulder, which is the uninjured one, they
13
should normally have in the right shoulder because the amount of
14
motion that we have on one side of the body is always the same
15
as the other side.
Did I make that clear?
16
17
Q.
What were your findings with a reasonable degree of
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19
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Yes.
medical certainty?
A.
Full range of forward elevation of both shoulders,
21
which is 180 degrees, which is directly vertical.
Abduction,
22
lifting up to the side in this fashion, also 180 degrees this
23
side. (Indicating.)
24
hand behind your back to the level of the second lumbar
25
vertebrae, both sides equal an external rotation, which is this
Internal rotation, which is putting your
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direction.
2
again, his shoulder motion was painless.
Q.
3
4
(Indicating.)
It was the same on both sides.
And
Now, was there another part of his body that you did
range of motion test, as well?
A.
5
Yes.
I tested the range of motion at his elbows.
And
6
again, comparing the normal side to the -- I'm sorry, comparing
7
the injured side, which was the right elbow, to the uninjured
8
side which is the left elbow.
9
10
Q.
And tell us what you did.
A.
You see, I don't straighten my arm quite all the way,
11
that's the way I'm built. Some people are very loose jointed and
12
they hyperextend, they go a little backwards at the elbow.
13
in fact, Mr. Espinal did just that on the uninjured side.
14
He
15
that?
16
17
And
you have a -- I saw a model there before, could I use
Q.
Yes.
Would that assist you in describing it to the
jury, this model?
18
A.
That would help, yes.
19
Q.
Which has been marked, I believe, as
Exhibit No. 12.
(Whereupon, the referred to exhibit was handed to
20
21
the witness.)
22
A.
All right, this is a plastic model of a humerus and the
23
forearm.
And the elbow, of course, is right there.
This is the
24
elbow joint and this is the right elbow. But the range of motion
25
is -- can be demonstrated on this for both sides. So if this is
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normal, this is normal for me but for Mr. Espinal, he
2
hyperextended a little bit on the uninjured side, on the left
3
side to ten degrees.
4
but I am stretching a little bit, that's about ten degrees
5
hyperextension.
7
degrees extension on the injured side.
8
degrees of full extension, which is about here. So he was
9
lacking on the right side, range of motion between here and here
10
'.'.
He came to within twenty
on extension. Okay.
11
...
(Indicating.)
On the uninjured, side his range was from minus ten
6
~
~
And this model doesn't quite go through,
Now, on flexion, he flexed the injured side to 125
12
degrees. Now, this is ninety, which is a right angle and halfway
13
past that is 135.
14
flexed to 125 and on the uninjured side, he flexed to 140. So he
15
was lacking fifteen degrees, this arch in here, of flex.
16
(Indicating.) So on his injured side, he
So on the -- just to review again, on the uninjured
17
side he went from minus ten to 145. And on the injured side, he
18
went from twenty to 125, which is about here.
19
Q.
Okay.
20
A.
Now, the rotation of the forearm is also done at the
21
elbow. On the -- on both sides, he pronated, which is turning
22
your palm down this way, he pronated to seventy degrees on both
23
sides equally, injured and uninjured were the same.
24
supinated to seventy degrees on both sides, also the same.
25
And he
So he had normal motion, in rotation. And he had the
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1
mild loss of extension and flexion that I just
2
was the range of motion at his elbow.
3
4
5
Q.
That
And are those findings to a reasonable degree of
medical certainty that you just testified to, Doctor?
A.
6
..,"
described.
Yes.
Then I tested the range of motion of his spine and that
7
was done two ways -- actually, the first -- the first was I
8
asked him to stand up and while he kept his knees straight, I
9
asked him to bend forward at his waist as far as he could.
And
10
he flexed to thirty degrees and stopped, saying he couldn't bend
11
any further, it was hurting him in his lower back.
12
Then I performed the same test a different way. I asked him to
13
sit up on the exam table, in which he did like this.
14
(Indicating. )
15
16
THE WITNESS: And if I may just turn the chair for
a minute, your Honor.
17
18
THE COURT: Sure.
A.
And so he was sitting on the exam table this way.
19
(Indicating.)
20
the table and he swung his legs up on the table like this.
21
(Indicating.)
22
And I said would you please put your legs up on
And I said can I look at your back for a minute and he
23
sat up and I examined his back.
He sat there about a minute,
24
comfortably and I asked him if he had any discomfort or pain and
25
he said he didn't.
This was done through the interpreter.
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And this was inconsistent with the -- with his claim
1
2
that he couldn't bend forward at his waist because it is the
3
same test. If it hurts you to bend past this point when you're
4
standing, then you wouldn't be able to sit up this way with a
5
ninety degree angle between your thighs and your trunk, this
6
way. (Indicating.)
So, I believed that he -- to a reasonable degree of
7
8
medical certainty, that he has normal motion of his spine,
9
ninety degrees of flexion.
10
Q.
Did you do any other range of motion tests?
11
A.
I think that's it.
12
Q.
Okay.
Now, what about strength test, did you do any strength
13
14
15
16
17
18
test on Mr. Espinal?
A.
I did.
I found the strength of his arms was normal. As
a matter of fact, he was very muscular and very strong.
Q.
And your finding as to strength, is that with a
reasonable degree of medical certainty as well?
19
A.
Yes.
20
Q.
And how did you test his strength?
21
A.
Well, strength testing is done by what we call manual
22
muscle testing. And that's done this way, if for example I am
23
going to test the strength of the biceps, I'll tell the person I
24
am going to examine I want you to bend your elbow and keep it
25
bent and don't let me straighten it, resist me. And I'll pull on
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1
the arm to straighten it and then they'll resist me, keeping it
2
bent.
3
compare that to the uninjured side.
4
very strong and had no weakness, at all.
5
And you can test how strong someone is and then you
Q.
And on both sides, he was
And what is the medical significance of this finding
6
with respect to any person's daily activities or work
7
activities, if there is one and with a reasonable degree of
8
medical certainty?
9
A.
Well, he certainly had normal strength. He was very
10
strong and he was -- it indicated that from the standpoint of
11
strength, he certainly had ample strength to do anything that
12
would be required of him in his work as an iron worker
13
installing steel gates, rolling gates ..
14
Q.
Well, when you spoke to Mr. Espinal, did he tell you in
15
the exam what type of job he was doing at the time of the
16
accident?
17
18
19
20
A.
He did but -- and I also read the EBT transcript, which
described his work.
Q.
When you say EBT transcript, you mean the deposition
transcript?
21
A.
Yes.
22
Q.
Okay.
23
A.
But he told me that he was a -- let's see, he said that
24
he did heavy work fabricating metal doors and welding and making
25
and installing revolving doors, that's what he told me.
I
479
Dr. Crane
snm(a)
1
- Defense
Okay.
Q.
So based
2
3
minutes,
4
the materials
5
you have an opinion
6
certainty
7
employment?
upon your almost
it is almost
and the range of motion
you said fifty-six
as to whether
Mr. Espinal
I do.
9
Q.
And what is that opinion?
10
A.
He can.
11
Q.
the review
and the strength
with a reasonable
A.
degree
tests,
of
do
of medical
can return
to his former
I
And could
12
difference
13
finding?
14
A.
you explain
is between
Well,
patient
complains
16
finding
is something
17
and they complain
19
the doctor
20
finding
21
that is important
22
to see if there
23
subjective
Q.
complaint
complaint
to you about.
For example,
if someone
an objective
the complaint.
a subjective
him and finds a rash, that's
that explains
the complaint.
And that's
to do in an examination
are objective
that the
comes to a physician's
of an itch, that's
examines
what the
and an objective
is something
that we see explains
For example,
18
to us, just generally,
a subjective
a subjective
15
25
I think
an hour of your examination,
8
24
- Direct
findings
office
complaint.
If
an objective
really
something
of this type, to try
that explain
the
complaints.
As an example
for Mr. Espinal's
of that, the flexion
back, with respect
test that you did
to the thirty
degrees
and
I
480
snm(a)
1
the ninety degrees, as you explained to this jury
2
A.
Yes.
3
Q.
__ can you tell us which one of those is a subjective
4
5
test and which one is an objective finding?
A.
6
stood up and bent forward thirty degrees and said he couldn't
7
bend any further because it hurt. But an objective finding is
8
reproducing that same test in a slightly different position but
9
it is the same test.
had no difficulty assuming that position, that's an objective
11
finding that contradicts his subjective complaint.
Q.
Now, did you also do other tests as you describe in
13
your report, did you ask Mr. Espinal for instance to walk on the
14
balls of his feet?
15
A.
I did.
16
Q.
Okay.
And what is the significance of that type of test?
17
18
A.
Well, that tells you a lot, a number of things. It
19
tells you something about the strength of his -- of the
20
musculature in his legs, particularly in his gastrocsoleus, it
21
tells you about balance, agility and so forth.
22
..,
And finding that there was no pain and he
10
12
~
Well, the subjective test was the first one, when he
23
24
25
Q.
And when you asked him to do that, what was his
response?
A.
He said -- he said he couldn't, that he doesn't have
much power in his leg.
I
481
snm(a)
..,
1\
....
1
Q.
Is that a subjective or objective finding?
2
A.
That's a subjective complaint.
3
Q.
Now, did you also examine Mr. Espinal for ulnar
4
neuropathy?
5
A.
I did.
6
Q.
And briefly, can you explain the condition known as
7
8
9
ulnar neuropathy, briefly?
A.
Ulnar neuropathy is a fancy phrase but really what it
says is that the ulnar nerve, which comes around the elbow right
10
around here in this groove and splays down to the wrist and
11
hand, that that nerve is inflamed, usually entrapped in scar
12
tissue or a band of tissue that's causing it to not function
13
properly.
14
Q.
Now, did you do any tests, objective tests with respect
15
to testing to see if Mr. Espinal had such a condition known as
16
ulnar neuropathy?
17
A.
I did.
18
Q.
Tell us what you did, Doctor.
19
A.
Well, first I tapped on the ulnar nerve, the length of
20
the nerve.
21
it's -- because there's neuropathy, they'll typically be when
22
you tap on the nerve it will send an electric shock current like
23
feeling down the arm in the distribution of that nerve.
24
25
And if the nerve is inflamed or irritated because
What that means is that if you tap on the ulnar nerve
at the elbow, for example, they'll typically say that they are
I
482
snm(a)
:~
~
~
1
feeling a shock going down the hand to the ring finger.
2
was no such response, it was negative when I tapped on the
3
nerve.
4
And it
Secondly, sometimes the ulnar nerve will be inflamed or
5
have ulnar neuropathy because the nerve is loose and it slides
6
from the back of the elbow to the front as you bend and
7
straighten your elbow.
8
And his nerve was not subluxable.
9
the elbow, the nerve did not slide back and forth.
10
We call that subluxability of the nerve.
As he bent and straightened
You can feel that, it's like a piece of spaghetti.
You
11
put your hand on the nerve, if you bend the elbow you'll feel it
12
subluxing around the point and it didn't in this case and that's
13
a normal finding.
14
Also, when there's ulnar neuropathy, there will
15
typically be -- let me see the page here.
16
of sensation where the ulnar nerve goes and that wasn't the case
17
here.
18
There will be a loss
In Mr. Espinal's case, he claimed that the entire right
19
arm was numb.
20
give sensation just to the ring, little finger.
21
that his whole arm was numb didn't make any sense.
22
reason why his whole arm would be numb, if the ulnar nerve was
23
damaged it would just be the finger, so that didn't make any
24
sense from the orthopedic standard.
25
The ulnar nerve has a specific responsibility to
And the fact
There is no
Finally, if there is ulnar neuropathy, there would be
I
483
snm(a)
1
atrophy or a shrinkage of muscles in the hand, those muscles get
2
an electrical signal from the ulnar nerve.
3
specific muscles that get that signal in the hand and those are
4
called the intrinsic muscles.
5
nerve is inflamed.
6
whatsoever, so there was no whatsoever sign of ulnar neuropathy.
7
8
9
10
Q.
There are certain
And they shrink when the ulnar
And he had no indication of atrophy
And do you support those findings with respect to a
reasonable degree of medical certainty, Doctor?
A.
Those opinions are to a reasonable degree of medical
certainty.
11
Q.
And could you tell us what a Tennel sign is?
12
A.
I think I mentioned that before, that's where you tap
13
the nerve.
14
Q.
That's the first one?
15
A.
Yes.
16
Q.
And did you find that he has any positive Tennel sign
17
of the ulnar nerve?
18
A.
He did not.
19
Q.
Now, did you also test both of his legs for strength?
20
A.
I did.
21
Q.
And could you tell us how you did that, Doctor?
22
A.
The same way that -- the same kind of mechanism we do
23
for upper extremity, for example when we are testing the hip
24
flexors, which is the -- which are the muscles that flex the hip
25
this way, you say to the patient hold on to the edge of the
I
484
snm(a)
1
table, bring your knee up towards your chest and hold it up
2
tightly.
3
you push down with your hand.
4
you test the normal side to the injured side to the uninjured
5
side and also gauge it in terms of overall strength.
8
both legs.
Q.
They lift up with their knee and
And I noted that he was highly muscular.
All right.
Now, did you also take x-rays at this medical
9
10
And they resist you and
And in Mr. Espinal's case, there was normal strength of
6
7
Don't let me push it down.
examination that you performed?
11
A.
I did.
12
Q.
And do you have those x-rays with you, Doctor?
13
A.
Yes, I do.
14
Q.
Are those on the table there?
15
A.
They are right here.
16
Q.
Okay.
And these x-rays were taken in your office?
17
18
A.
Yes.
19
Q.
Okay.
MR. ASHER: Judge, may I approach so that we can
20
21
put the shadow box up?
22
THE COURT: You may approach.
23
MR. ASHER: With your permission,
I am gonna put
24
this on the witness box here, the shadow box.
25
Q.
Doctor, where would you prefer it, this side
I
485
snm(a)
1
A.
I think I am gonna cornearound.
2
Q.
Okay.
3
4
Q.
5
Doctor?
6
A.
Five views of the elbow.
7
Q.
And the five views of the elbow, were they taken on a
8
Well, first of all, how many x-rays did you take,
machine in your office?
9
A.
Yes.
10
Q.
And do they have marks as to each of the films of when
11
~
~
(Pause.)
they were taken, who they were taken of and what view they show?
12
A.
Yes.
13
Q.
Tell us what the marks say.
14
A.
Well, they are all marked with the same flash card,
15
which has my name and address on them, it also has Mr. Espinal's
16
name, his birth date, his age, his date of birth and the fact
17
that it was x-rays of the right elbow.
18
Q.
19
20
Okay.
And what portions of the body were they X-rayed of?
A.
The right elbow.
21
MR. MADONNA: Your Honor, may I voir dire him, the
22
doctor, with regard to these x-rays for a moment? I just
23
saw --
24
THE COURT: Sidebar.
25
(Whereupon, a brief discussion was held off the
I
486
- Proceedings -
snm(a)
1
record at the bench.)
2
3
Q.
And are these x-rays of the right elbow?
4
A.
Yes.
5
Q.
And how do you know that from the x-ray?
6
A.
Well, I'm sorry -- well, emm -- okay, I knew that -- I
7
know that my x-ray technician made a mistake.
8
Q.
And tell us what that is?
9
A.
I mean, I didn't know it until just now. These x-rays
10
are marked on the marker right elbow, that's the flash card that
11
she completes when I give her an order for x-ray of the right
12
elbow. And they were dictated in my report as right elbow but
13
unfortunately
she put an L marker on the films.
MR. MADONNA: Objection, your Honor, I have an
14
15
objection to these x-rays going into evidence without the
16
technician.
17
THE COURT: Sustained, sustained. Sustained.
18
MR. ASHER: May I continue, Judge, with the x-rays?
19
THE COURT: Ladies and gentlemen, we are going to
20
take a brief break. Do not discuss the case amongst
21
yourselves, do not allow anyone to discuss the case with
22
you.
Keep an open mind.
23
COURT OFFICER: All rise, jurors exiting.
24
(Whereupon, the sworn jurors were escorted out of
25
the courtroom by the court officer.)
I
487
snm(a)
THE COURT: Doctor, I'm going to ask you to step
1
2
down and wait outside for a minute, please.
(Whereupon, the witness was escorted out of the
3
4
- Proceedings -
courtroom by the court officer.)
5
THE COURT: Mr. Madonna, do you want to be heard?
6
MR. MADONNA: Yes, your Honor.
,
.~
7
I don't think that we can lay a proper foundation for these
8
x-rays because they were not taken by this doctor, he does
9
not have an independent recollection himself of taking
10
them.
11
different from the markings, who's to say which one is
12
correct, whether it is an x-ray of the left wrist and the
13
markings is incorrect saying it is right or it's an x-ray
14
of the right wrist and the block thing is incorrect, where
15
it says left.
16
17
They were taken by a technician and the plate is
I don't see how a foundation can be properly laid
to allow them into evidence.
18
THE COURT: Mr. Asher.
19
MR. ASHER: I think the doctor is starting to
20
explain that the markings in his procedures in taking the
21
x-rays and that he just explained that it was an incorrect
22
marking of L, that he starts with the marker which says
23
right elbow, he reviewed them right after his test and as
24
part of his report that this is of the right elbow.
25
MR. MADONNA: How do we know that?
I
488
snm(a)
1
.~
2
to cross examination.
3
the admissibility.
THE COURT: All right, listen to me, you have a
problem. Once again, the record will control. What the
6
doctor said was that there was a mistake there, that his
7
technician made the mistake, that he did not realize it
8
until just now and then explained that the little marker
9
and the other little thing differ. He has no basis to say
10
that.
11
which one is right and which one is wrong.
13
14
He just saw it for the first time, he doesn't know
Obviously, assuming that one had to be wrong but
he's just guessing at which one it was.
MR. ASHER: Well, Judge, in his report he said he
15
requested permission for an x-ray of the right elbow and it
16
all leads to the right elbow.
17
taken and there was a -- there was a --
18
19
20
21
22
i
I don't think that it is subject to
5
12
I
-
MR. ASHER: The doctor explained it, it's subject
4
~
- Proceedings
So that's the elbow that was
THE COURT: I don't know that that's enough, you
have some confusion here.
MR. ASHER: It could be subject to cross
examination,
it is already in front of the jury, so
THE COURT: I don't know if it can be just subject
23
to cross examination.
24
obviously nobody picked up on until the doctor is on the
25
stand in front of the jury.
This seems to be a major error that
And my problem is that now the
I
489
snm(a)
- Proceedings
1
doctor
2
on cross
3
court
4
some other mistake
examined
-
them and to allow
examination,
now vouching
it to just be dealt with
isn't there
a question
that he has to be right
MR. ASHER:
No, I'm just going
6
THE COURT:
I understand
but quite
8
ultimately,
9
is a fair trial
honestly,
this should
sloppy.
11
at the point
where
Quite
14
explain
15
away other
16
around
17
that he took how long ago, after
18
in between,
away, which
than he assumes
that's
looking
give you five minutes
21
this.
22
tell everybody
23
just buying
24
problem.
25
nothing
x-rays
to
to explain
it, of something
how many times
in between?
of you some time and
out how you want to address
this, make
but problem
MR. MADONNA:
the doctor
testifying
to give both
to figure
field greens
but now it is
it has to be the other way
if this is the time where
settle
a little
to do with this
he has no basis
at how many
20
Your
sure that this
for a while
why he rememb~~s
I am going
Obviously,
to make
you want me to just allow
something
Well,
this way. And
I am not sure what
situation
because
is saying
annoyed.
13
19
everybody
not happen
sloppy
I'm getting
honestly,
because
by --
and right now this is getting
It's been a little
12
what
I have a responsibility
10
and there wasn't
made?
5
7
as to is the
I normally
it go away because
after
problem
cost just doubled.
Yes, Judge.
after
just
you're
I
snm(a)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
490
I
491
snrn(a)
1
Dr. Crane
Q.
- Direct
Okay.
2
Now, based upon the x-rays
3
you have an opinion
4
certainty,
5
A.
been
what the x-rays
7
arthritis,
8
fracture,
resected.
Q.
with a reasonable
that you took, do
degree
show with respect
of medical
to the right elbow?
It shows that a small portion, of the radial
6
9
- Defense
It shows no evidence
it shows nothing
with
else.
a small portion
Okay.
It shows
no sign of
-- it shows a healed
of bone resected.
Thank you, Judge.
10
of loose bodies,
head has
Thank
you.
(Pause.)
11
Q.
12
in preparation
13
did you bring
14
A.
Mr. Asher,
if I may, could we take this down because
15
Q.
Oh, sure.
Yes, it blocks
16
A.
I don't mind taking
17
Q.
No, that's
Now,
in accordance
to do the exam and that's
the file together
18
19
20
with the records
that you looked
contained
with you today,
at
in your file,
Doctor?
the jury box.
it down.
all right,
I can do it. No problem.
(Pause.)
Q.
reports
Did you have an opportunity
relative
21
A.
Yes.
22
Q.
And I
23
to this particular
MR. MADONNA:
24
record,
25
those marked
I don't
to review
the operative
case?
I'm sorry,
your Honor,
know if -- if
and if he was moving
just for the
Mr. Asher
those
into evidence
had
I
492
snm(a)
1
because the doctor just referred to them, the x-rays and
2
showed them to the jury.
3
that the jury is going to be relying on, they should be
4
moved into evidence.
5
If they are going to be something
MR. ASHER: I now move, at this point, to have the
6
x-rays that Dr. Crane took moved into evidence at this
7
time, your Honor.
8
I can do it at this time.
9
(Whereupon, the item previously referred to is
10
received and marked Defendant's Exhibit A in evidence.)
11
MR. MADONNA: And for the record, I just want to
12
note my exception as discussed at the sidebar.
13
THE COURT: So noted.
14
15
I was going to ask one more question but
Q.
And did you review the operative report of Dr. Khrone
of April 7, 2007?
16
A.
Yes.
17
Q.
Could you tell us, if you can find that, Doctor, and
18
tell us what it refers to with respect to the -- what you just
19
told us you saw on the x-ray, that an operation had been
20
performed?
21
A.
Well, Dr. Khrone described a procedure where he said he
22
excised the radial head but he didn't really excise the radial
23
head.
24
25
Q.
Do you have an opinion with a reasonable degree of
medical certainty having compared the x-rays that you took in
I
493
snm(a)
1
your office of the right elbow and the report of Dr. Khrone, as
2
to what the surgery was?
3
A.
I do.
4
Q.
And tell us what that opinion is, please?
5
A.
He excised a small portion of the radial head.
6
Q.
Now, did"you also perform findings or tests on the
7
pla~ntiff with respect to knee and ankle reflexes?
8
A.
I did.
9
Q.
And could you tell us how you do that, Doctor?
10
A.
You take a soft rubber hammer and gently tap on the
11
patella tendon, which is just below ~he knee and the achilles
12
tendon which is just above the ankle.
13
reflex where the -- there's a jerk of the knee or a jerk of the
14
ankle in a certain way and you compare the two sides and they
15
were normal.
16
Q.
17
18
19
20
And there's normally a
Okay.
And did you also make any measurements of his leg?
A.
I'm going to ask you to give me just a second while I
find my report.
Q.
21
Sure.
(Pause.)
22
A.
I did.
23
Q.
Can you tell us how you did those measurements?
24
A.
Using a tape measure, wrapping the tape measure around
25
the mid thigh and the method of measuring one side and comparing
I
snm(a)
~
..••.•....
1
one to the other in the legs, they should be the same size and
2
they were.
3
something that one might see if there was a pinched nerve there,
4
which there was none.
5
..,
494
Q.
And that indicates the lack of atrophy in the leg,
And do you have an opinion within a degree of medical
6
certainty whether Mr. Espinal, even though he does not have full
7
range of motion as you described with respect to his
8
functionality?
9
A.
You're talking about his elbow?
10
Q.
Yes, his right elbow, I'm sorry.
11
A.
I do have an opinion.
12
Q.
Could you tell us what that opinion is?
13
A•
Well, you don't have to have full motion of your elbow
14
or any joint to function normally. The amount of motion that he
15
has is not normal, but it would not prevent him from using his
16
left -- his right arm in a normal fashion, using his right elbow
17
in a normal fashion and performing the duties that he has as an
18
installer of revolving doors or rolling iron gates, in a normal
19
way.
20
He's left hand dominant, this is his right arm.
A~d
21
even if this were his dominant arm, he could still perform those
22
duties.
23
MR. ASHER:
24
questions, Doctor, thank you.
25
Thank you. I have no further
THE COURT: You may inquire.
I
495
snm(a)
1
MR. MADONNA: Thank you.
2
CROSS EXAMINATION
3
BY MR. MADONNA:
4
Q.
Good afternoon, Dr. Crane.
5
A.
Good afternoon.
6
Q.
It's been a while but we have met in court, in settings
7
like this before, correct?
8
A.
I think once, it was. Was it more than once?
9
Q.
I think it was more than once.
10
A.
Okay.
11
Q.
Well, you have been here quite often, whether it was up
12
here in the Bronx or other courts throughout the City, correct?
13
A.
As I said, on an average of once a month.
14
Q.
Well, just a year or so ago, it was once or twice a
15
month; is business slowing down?
16
MR. ASHER: Note my objection.
17
THE COURT: I'll allow it. Overruled.
18
A.
I don't know but I have appeared in court three times
19
this year, thirteen times last year, ten times the year before,
20
I think sixteen times the year before. So it's been about once a
21
month for the last three years.
22
23
24
25
Q.
I hope you're not going to make me read through all of
these to the jury, that would just be a very, very boring thing.
But you are asked these questions just about every time
you are cross examined, correct?
--I
496
snrn(a)
Dr. Crane
1
A.
Which
2
Q.
The questions
3
much you charge,
- Defense
- Direct
questions?
about how often you do examinations,
how often you testify
in court,
4
A.
I am often asked those questions,
5
Q.
And basically,
6
examinations,
7
ten times
Yes.
9
Q.
Okay.
11
yes.
what you do, these medical/legal
for the defense
A.
10
you have been doing this since
12
A.
Well,
13
Q.
Yes, doctor,
nine out of
team, correct?
And you come to court once, now you're
month;
correct?
as you call them, you do examinations
8
how
saying
once a
1984?
I -trust me.
Don't make me read this.
14
MR. ASHER:
Objection,
15
THE COURT:
Let him answer
Judge.
I
the question.
16
A.
No, I have been coming to court since
17
Q.
Yes?
18
A.
Wait but not at that level.
19
court once or twice,
20
been but prior
21
Q.
22
medical/legal
23
A.
24
expenses
25
Q.
Sustained.
1984.
In 1984, I think I came to
so yes, in the last ten years or so I have
to that, in the 80s, it was very rare.
And you make a pretty
examinations,
I -- it generates
good living
as you call them, true?
income which
and my salaries.
A significant
at these
amount
of income?
is necessary
to pay my
I
snm(a)
1
A.
Yes.
2
Q.
$750.00 per exam plus another $150.00 for x-rays, if
3
497
you take them?
4
A.
If I take them, yes.
5
Q.
SO that's $900.00 just for this exam?
6
A.
Yes.
7
Q.
And you often take x-rays, true?
8
A.
No.
9
Q.
About how many out of the six you see do you take
10
x-rays?
11
A.
One or two.
12
Q.
SO $750.00 six times a week will give you two weeks
13
paid vacation every year, we are talking about $225,000.00 that
14
you made where you examine plaintiffs and prepare to come to
15
court and testify, true?
16
A.
Yes.
17
Q.
And another $60,000.00 or so for your testimony in a
18
given year if you testify once a month?
19
A.
For my time to come, yes.
20
Q.
Okay.
21
So you are making close to $3000,000.00, probably a
22
little more than that, $300,000.00 examining plaintiffs on
23
behalf of the defendants, in cases that come to court, true?
24
A.
Well, I think that ninety percent of it --
25
Q.
True?
I
snm{a)
1
A.
No, that --
2
Q.
Is that the amount of money that you are making,
3
Doctor?
4
MR. ASHER: Note my objection, Judge.
5
THE COURT: Sustained.
6
Q.
498
Doctor, would it be fair to say that in your
7
medical/legal business, you make $3000,000.00, approximately, a
8
year, maybe a little bit more than that?
9
A.
Maybe a little less but somewhere around there.
10
Q.
Okay.
11
And ninety percent of that income comes from testifying
12
and examining patients on behalf of -- people on behalf of
13
defendants, correct?
14
A.
Yes.
15
Q.
And you understand, I mean you have been in the
16
courtrooms, you know, on several occasions once a month, at
17
least you understand what the process is between the plaintiff
18
and the defendant, true?
19
A.
What do you mean the process?
20
Q.
Well, you understand that the defendant is coming to
21
court to try to minimize the injuries that the plaintiff is
22
claiming in a case, correct?
23
24
THE COURT: Overruled.
25
Q.
You understand that that's their position?
I
snm(a)
1
2
3
A.
And the plaintiff is trying to maximize.
4
5
MR. MADONNA: Objection.
Q.
Answer the question.
6
7
499
MR. MADONNA: Your Honor, move to strike, please.
This witness has done this on occasion over and over.
8
THE COURT: Stop, stop, stop.
9
MR. MADONNA: Your Honor, may I ask you to
10
direct
11
12
THE COURT: It is not responsive, you may ask the
question.
13
MR. MADONNA: May I ask you to address the judge --
14
THE COURT: The judge?
15
MR. MADONNA: The doctor, to just answer the
16
question, your Honor, and not to act as an advocate for the
17
defense, please.
18
19
MR. ASHER: Note my objection,
your Honor.
20
THE COURT: We don't need the speeches.
The jury
21
should disregard any colloquy between the attorneys amongst
22
themselves or with the court.
23
Q.
You understand, Doctor, that the defendant's position
24
in a litigation is to minimize their exposure and to minimize
25
the plaintiff's injury, true?
I
snm(a)
1
2
MR. ASHER: Note my objection to the form of the
question, your Honor.
3
THE COURT: I'm going to allow it. You may answer
4
it.
5
Q.
Yes or no?
6
A.
Sometimes.
7
Q.
Sometimes.
8
9
And you understand each time you do an examination
that's when it is on behalf of the defendant, true?
10
A.
Yes.
11
Q.
And your testimony when you come in and testify on
12
behalf of an examination, your nice little business where you
13
generate over $300,000.00 a year, predominantly, working for
14
them, you want to make them happy and you don't think that would
15
color your testimony when you come to court?
16
17
18
THE COURT: Sustained, next question.
19
20
Q.
22
Okay, Doctori let's talk a little bit about -- well,
let me see.
21
~
In your practice, you see these six people, do you set
up one day a week where you do the examinations?
23
A.
No.
24
Q.
How do you see them?
25
A.
It varies every week.
..... I
W
500
It is different depending on
I
snm(a)
1
what my schedule is.
2
Q.
3
4
examination is being conducted?
A.
No, I dictate my findings and those reports are
transcribed and then I proof read them.
7
Okay.
Q.
8
9
Okay.
And you write-up a report, out of the time that the
5
6
You generate a report at the time of the examination,
correct?
10
A.
Yes.
11
Q.
Do you have any independent recollection as you sit
12
501
here today, of Mr. Espinal's examination?
13
A.
Vague.
14
Q.
With the thousands of examinations that you have done
15
between when you examined him in October of 2008 and today, you
16
remember him coming into your office?
17
A.
No, I don't remember him per se but I remember the
18
case.
19
injury, yes, I do remember the part --
I remember the injury, I remember the -- I remember the
20
Q.
It is a significant injury that he had, true?
21
A.
In the context of an individual, injury like this is
22
significant.
23
joint that one sees as an orthopedic surgeon, it's not a major
24
injury at all.
25
Q.
In the spectrum of potential injuries to the elbow
It was a significant injury for Mr. Espinal, true?
I
snm(a)
1
A.
Yes, I said that.
2
Q.
Thank you. But you did try to minimize it again,
3
Doctor?
4
A.
No,
5
I --
6
A.
1--
7
Q.
Excuse me, there was no question before you.
8
9
10
502
THE COURT: All right, everybody knock it off. Ask
the next question.
Q.
Doctor, by the way, did you know that you were not the
11
first choice of orthopedic surgeons that the defendants asked to
12
examine Mr. Espinal?
13
14
THE COURT: Sustained, strike.
question.
15
16
Ask the next
Q.
Were you aware that an examination was conduct by a
17
Sheldon Manspeizer on behalf of the defendants of
18
Mr. Espinal before you were retained, yes or no?
19
20
THE COURT: That is overruled.
21
A.
No.
22
Q.
You were not.
23
He can answer.
They never told you that they had some other
24
orthopedic surgeon, who is certified in the
25
City of New York, to examine him and issue a report before they
I
snrn(a)
1
brought him to you?
2
3
Strike it from the record.
Next question.
4
5
Q.
SO you never saw Mr. -- Dr. Manspeizer's report, did
you?
6
7
He can answer that.
8
A.
No.
9
Q.
You are aware, though, when a report is issued on
10
behalf of the defendant, it is exchanged with the plaintiffs,
11
true?
12
13
THE COURT: Overruled. You can answer, if you know.
14
Q.
Just as your report was.
15
A.
I knew that when my reports are submitted, they are
16
17
18
exchanged but I don't know the procedure about anything else.
Q.
Now, let's talk about the x-rays that you took.
Apparently,
somebody made a mistake, true?
19
A.
Yes.
20
Q.
Okay.
21
503
And you don't know -- you didn't know until today when
22
you sat in this chair in front of this jury, whether or not you
23
actually had an x-ray of the correct elbow or not, true?
24
25
I
504
snm(a)
1
A.
No, I knew it was correct. First I looked at the label
2
that had been handwritten and it said right.
I looked at my
3
report and it said right and I looked at the films which showed
4
post surgical changes, so in my mind there was not a question
5
until I have --
6
Q.
Let's talk about the post surgical changes?
7
A.
Until I happened to see the L on the x-ray films, as
8
well as the other marks.
MR. ASHER: Just allow the witness --
9
10
11
Q.
By looking at these x-ray films, anybody else who would
12
look at just the films, the identification of the film, wouldn't
13
know whether it was the right or the left because it says right
14
in one place and it says L, the left in another, correct?
15
16
17
18
Q.
Just by the identification, lim not talking about the
picture in there, yet.
19
A.
They might not be certain.
20
Q.
And that would be because it says both left and right,
21
correct?
22
A.
Yes, but it shows surgical changes.
23
Q.
We didn't get there yet, Doctor.
24
25
I know how anxious
you are, we'll get there.
THE COURT: Strike the commentary, ask the next
I
505
snm(a)
1
question.
MR. ASHER: Move to strike.
2
Just by the label, you can't tell whether it is left or
3
Q.
4
right, true?
5
A.
You can't be certain by the label alone.
6
Q.
And also by the anatomy of the arm, as shown in those
7
pictures, forgetting about the surgical changes, just by looking
8
at the humerus, the radius and the ulnar that is shown, in those
9
pictures you can't tell if it is the right or the left, correct?
10
A.
Correct.
11
Q.
Okay.
12
So the only way you could tell and get those
13
records in evidence after you noticed the mistake, was to look
14
at them and see if you could see post surgical change, true?
15
16
question.
THE COURT: Sustained, as to the form of the
17
18
question.
19
Q.
The only way that you could tell that that was the
20
right elbow -- Doctor, pay attention to me over here.
21
way that you could tell
The only
22
A.
Excuse me?
23
Q.
The only way that you could tell that those are the
24
right or the left arm is to tell by looking at the picture,
25
whether or not the surgery that Dr. Khrone did was shown in
I
506
snm(a)
1
those x-rays, correct?
2
A.
Could you repeat that question, please?
3
Q.
The only way you can tell which elbow of
Mr. Fausto
4
Espinal we are talking about is by looking at those films and
5
determining whether or not the surgery occurred -- is shown in
6
those pictures?
7
A.
No.
8
Q.
How else?
9
A.
The deformity, the mild deformity from the fracture.
10
Q.
Because there is a deformity big enough to see,
11
correct?
12
A.
Yes, there's a very mild deformity but it is present.
13
Q.
And there is, also, Doctor, part of the radial head
14
missing, correct?
15
A.
Yes.
16
Q.
A significant part?
17
A.
No.
18
Q.
No?
19
A.
No.
20
Q.
And a half of the radial head is not significant?
21
A.
But that's not true.
22
Q.
That's not true? No?
If I told you, Doctor, when you do these
23
24
25
surgeries -- you do them, correct?
A.
Yes.
I
507
snm(a)
1
Dr. Crane
Q.
- Defense
And when you do these
surgeries
2
when you take out a part of somebody's
3
it a lab for evaluation,
A.
Yes, and that's
5
Q.
Yes or no, Doctor?
7
MR. ASHER:
his voice
8
9
voice
--
MR. MADONNA:
again,
and let him answer
12
three people
Your Honor,
just answers
Okay,
the question,
talking
14
then ask your next question.
15
Q.
Doctor,
your question,
when you do the surgery
16
the surgery
17
of somebody's
18
lab and a lab report
that Mr. Espinal
Ask the question
cannot
take
You all know that.
wait
for an answer
in a hospital
had done on his elbow,
and
such as
when a part
body is taken out of them, that is sent down to a
19
A.
Yes, it is.
20
Q.
Okay.
is generated,
And did you review
a result
I will lower my
the Reporter
at the same time.
Now, repeat
raising
the question.
slow it down.
13
22
to counsel
your Honor.
11
setting,
you send that down
in front of the witness,
THE COURT:
21
body,
Note my objection
if the doctor
10
in a hospital
correct?
4
6
- Direct
of Dr. Khrone's
correct?
the lab report
surgery?
23
A.
I did and it is incorrect.
24
Q.
They made a mistake,
25
A.
Yes.
not you?
that was generated
as
I
508
Dr. Crane
snrn(a)
1
- Direct
Okay.
Q.
So if I read to you in this surgical
2
~
- Defense
3
consultation
report
4
tissue
5
describe
6
in a formalin
7
measuring
8
centimeters
9
one cassette
submitted,
from Cabrini
Medical
pathological
Center
where
it says
bone procedure,
right radial
head.
it as gross description,
the specimen
is received
and consists
of multiple
fragments
three point eight by three point
in aggregate.
Representative
And they
of bone
five by eight
section
submitted
A.
What was the question?
11
Q.
They are incorrect?
12
A.
Yes, they are.
13
Q.
They made the mistake?
14
A.
They did.
15
Q.
They measured
16
A.
They should of -- they should of said millimeter
18
centimeters
Q.
because
this wrong?
if you look at the x-rays
Excuse me, Doctor,
he can redirect
not
-you.
THE COURT: Wait for a question.
19
20
in
after decalcification."
10
17
fixed
Q.
What I am telling
THE COURT:
21
stop. Doctor,
you --
Doctor,
22
Stop,
23
Q.
24
that everyone
25
the jury that this pathological
wait for the next question.
wait for the next question.
What I'm telling
you is that you want to tell this jury
else makes a mistake
but not you.
examination
You want to tell
report,
it should be
I
509
snm(a)
1
in millimeters and not centimeters because it doesn't conform
2
with the opinion that you were paid to give for the defendant,
3
correct?
4
5
question.
THE COURT: Sustained, strike. Strike it as to the
6
7
form of the question.
Ask the next question.
8
9
10
Q.
So they made a mistake, too,
Cabrini
Hospital?
11
A.
They did.
12
Q.
Okay.
MR. MADONNA: And just for the record, your Honor,
13
14
could I take -- ask the Court to take judicial notice of
15
the measurements
16
centimeter is equal to .3937008 inches?
from centimeters to inches, that one
17
THE COURT: I'll take judicial notice of it.
18
MR. MADONNA: Or actually the other way around, I
,
19
think.
THE COURT: Yeah, I know.
20
21
Q.
And, Doctor, isn't it true when you did conduct your
22
x-ray and wrote up, dictated your report that you wrote the
23
following, in describing the findings and I am reading from your
24
x-ray examination, there was very mild deformity there, the
25
x-ray appearance of the radial head showed it to be almost fully
I
510
snm(a)
1
intact, correct?
2
A.
Yes.
3
Q.
Okay.
Almost fully intact, yet you could look at that film
4
5
now and tell this jury that you can tell that there was surgery
6
done when you wrote it in your report you said it was almost
7
fully intact, yes or no?
8
A.
Yes.
9
Q.
Okay.
It is inconsistent with the operative report of April
10
11
2007.
So again, somebody else is making a mistake, not you?
12
Somebody else is making a mistake, correct?
13
14
15
A.
Yes.
16
Q.
Okay.
17
Where Dr. Khrone described an incision of the radial
18
head and then you go on to say, if any portion at all, doesn't
19
that mean that nothing was taken?
20
removed, it was a very small portion?
If any portion at all was
21
A.
Yes.
22
Q.
So then, how can you look at this x-ray now and telling
23
this jury that that's the right wrist when you looked at here
24
and wrote it to us in this report, you couldn't tell if it was
25
anything removed at all?
I
511
snm(a)
MR. ASHER: Your Honor, I object to the form and
1
2
the slashing of papers, totally inappropriate.
THE COURT: As to the antics, knock it off.
3
4
the rest of the question, you may answer.
5
A.
He said wrist but I said --
6
Q.
Yes, I mean elbow.
7
A.
Yes, I can tell.
8
~
As to
And if you let me show the jury, I'll
be happy to show you.
9
Q.
No, no, answer the question.
10
A.
Which question?
11
Q.
When you wrote this report, which you knew was going to
12
come to me, you read the x-ray as if there was no surgery done
13
on that left elbow and yet you came in here and told this jury
14
that you could look at that elbow and tell that there was
15
surgery on it, true?
16
A.
You can. There is indication that this elbow incurred a
17
fracture of the radial head and there is indication that a small
18
portion of bone was removed.
19
20
21
22
Q.
And as a result of this fracture, he had a very poor
course of recovery or are you going to disagree with that, too?
A.
No, he had a -- the kind of recovery that one would
expect given the injury.
23
Q.
It was a poor course of recovery, correct?
24
A.
No.
25
Q.
Okay.
--?I~
512
snm(a)
1
Well, Doctor, when you -- when you have the injury --
2
is this injury consistent with falling from a height of fourteen
3
feet?
4
A.
Yes.
5
Q.
Okay.
6
And when you have an injury that is consistent with
7
trauma from falling from fourteen feet with enough force to
8
break the radial head joint in that elbow, you would expect
9
damage in that, correct?
10
11
MR. ASHER: Note my objection to the form of that
question, Judge.
12
~
~
.....
'
13
A.
I can't really answer the question the way that you
14
have asked me, it is sort of -- there's too many parts to the
15
question, could you re
16
17
Q.
me try to break it down.
18
19
20
I'm sorry, I know it is too complicated for you.
THE COURT: Stop the commentary.
Q.
This fracture was in the joint intra-articularly,
correct?
21
A.
In the elbow joint, yes.
22
Q.
It was an intra-articular fracture, correct?
23
A.
It was.
24
Q.
That means the articular surface of the joint was
25
damaged, correct?
Let
I
513
snm(a)
1
A.
Yes.
2
Q.
And it was damaged on the radial head as well as the
3
capitulum --
4
A.
5
I was unaware of any damage to the capitulum, certainly
if it was, it was minor.
6
Q.
But there was damage, correct?
7
A.
I say I don't recall.
8
Q.
Okay, if Dr. Khrone notes it and the x-ray reports that
9
10
they provided shows that there was damage to the capitulum,
would you agree?
11
A.
No, I wouldn't.
12
Q.
You wouldn't agree with them because they are the
13
plaintiff's doctors, right?
14
15
THE COURT: Sustained. Next question.
16
Q.
This fracture was also displaced, correct?
17
A.
Yes, it was.
18
Q.
SO that means that the bone fragments were apart?
19
A.
No.
20
Q.
What does displace mean, Doctor?
21
A.
Well, it was mildly displaced.
And what that means is
22
that if you have a non-displaced fracture, it means that the
23
bone has cracked and displacement means that the bones have
24
shifted out of perfect position to less than perfect position.
25
Q.
Okay.
I
514
snm(a)
1
2
Did I just say moved apart, shifted out of position,
I'm sorry, that's not moved apart?
3
A.
Well, apart means a gap.
4
Q.
There was no gap but it was displaced, that means that
5
There was no gap.
they were moved away from each other?
6
A.
They were mildly displaced.
7
Q.
I know, that's a favorite term of yours.
When I was
8
reading all these transcripts, you say mild in transcript after
9
transcript after transcript.
10
11
THE COURT: Counsel ask your next question. Ask
your next question.
12
13
MR. ASHER: Objection for the record, your Honor.
Q.
You know that Mr. Espinal -- well, let's see.
Just in
14
general, when you're talking about a fracture that is displaced
15
and has damage to the articular surface, that joint is subject
16
to post-traumatic
17
A.
It is.
18
Q.
Okay.
19
20
arthritis, correct?
And post-traumatic arthritis is a progressive
condition, correct?
21
A.
It can be.
22
Q.
It can be. Well, there's no cure for arthritis,
23
r
correct?
c
24
A.
There are ways to treat arthritis.
25
Q.
But there's no cure?
I
515
snm(a)
Dr. Crane
- Defense
- Direct
1
A.
There's
no cure.
2
Q.
Right.
You can treat palliative?
3
A.
Yes.
4
Q.
That means treating
5
A.
Sure.
6
Q.
And the symptoms
7
correct?
Could be swelling
8
A.
Could be.
9
Q.
Okay.
10
11
That's
the symptoms
of arthritis
of it?
are pain,
and irritation,
how you treat arthritis
loss of motion,
true?
by treating
the
symptoms?
12
A.
Yeah.
13
Q.
Okay.
14
~
.
Now, if a joint is damaged,
15
the smooth
16
the fracture
17
call it mildly
displaced,
18
post-traumatic
arthritis?
19
A.
It can be.
20
Q.
Okay.
21
surface
of the joint is damaged
and by a displaced
progressive
23
continued
condition
symptoms
fracture,
arthritis
that can continue
to the person,
surface,
by the trauma and by
even if you want to
that joint is subject
And if post-traumatic
22
if the articular
to
develops,
to worsen
that can be a
and provide
correct?
24
A.
It can.
25
Q.
And that would be continued
pain and it could be
I
516
snm(a)
1
continued loss of motion, correct?
2
A.
It can.
3
Q.
Okay.
4
And when you treat your patients for your practice, not
5
the ones you examine for defendants but when you treat your
6
patients in your practice, you treat their symptoms, true?
7
A.
Sure.
8
Q.
Okay, if they say they have pain, you treat their pain?
9
A.
You try to.
10
Q.
Right. And if a joint has post-traumatic
arthritis,
11
what you would expect if it's going to continue to progress, you
12
would expect to see certain signs down the road, correct?
13
A.
Yes.
14
Q.
Okay.
15
16
Some of those signs would include -- well, first of
all, you could see it on radiographs or films, correct?
17
A.
You can.
18
Q.
And you could also see that by a narrowing of the joint
19
space?
20
A.
That's one of the signs.
21
Q.
You could also see it during examination by what is
22
23
24
25
called crepitus, correct?
A.
Well, crepitus doesn't always mean arthritis but people
who have arthritis can have crepitus.
Q.
What does crepitus means?
I
517
snm(a)
1
2
3
A.
It's a grinding or a clicking in the joint when you
bend it back and forth.
Q.
And what is that significant for if somebody has had a
4
displaced articular fracture of that joint if they eventually
5
have crepitus in that joint?
6
7
8
A.
can also have crepitus from scar tissue in the injury.
Q.
Okay.
And we know that Mr. Espinal's injury to his elbow was
9
10
Well, they can have crepitus from arthritis but they
a pretty traumatic injury from that fall, correct?
11
A.
What do you mean pretty traumatic?
12
Q.
Well, not just the bones are broken bu~ the soft tissue
13
14
15
around the elbow and all are damaged, true?
A.
Well, any time there is a fracture, there is soft
tissue injury.
16
Q.
I am just asking you to agree with me, doc.
17
A.
But it wasn't a dislocation, it was fracture, a
18
straight forward radial head fracture, a very common fracture.
19
And not a major fracture but it was a fracture that was
20
nonetheless intraarticular of the radial head.
21
Q.
And his fracture, as he progressed through his
!.
,
22
treatment, with physical therapy, pain medication came to the
23
point where he did not have full range of motion of his arm,
24
correct?
25
A.
Yes.
I
518
snm(a)
1
Q.
And he had a significant amount of pain, correct?
2
A.
I can't -- I can't say that, that's a subjective
3
4
complaint.
Q.
5
6
Okay.
Did he express pain and loss of motion in the records
of Dr. Khrone that you reviewed?
7
A.
He did.
8
Q.
And Dr. Khrone took him initially under orthoscopic
9
10
procedure to do a closed manipulation to try and regain of
motion to the elbow, true?
11
A.
He did.
12
Q.
And he took out some loose bodies at that time of the
13
joint, took out some scar tissue and debrided the joint surface?
14
A.
Yes.
15
Q.
And that did give him some additional motion after
16
that, correct?
17
A.
I don't recall.
18
Q.
His condition then progressed to get worst, true?
19
A.
I don't recall. I really don't.
20
Q.
Well, it got -- his motion did not get any better.
21
A.
Okay.
22
Q.
Okay.
23
24
25
And he was continuing under his therapy, you know that
because you reviewed all of those records, too?
A.
I did.
I
519
snm(a)
1
2
Q.
And he was diligent going to his therapy; every time he
was told to go, he went, correct?
3
A.
I didn't track that.
4
Q.
Well, did you make any remarks when you looked through
5
his records that he did not attend his therapy sessions?
6
A.
No.
7
Q.
And that would be significant if he didn't, correct?
8
A.
In what way?
9
Q.
Well, somebody who is not going for the care that they
10
are prescribed for what they need, you wouldn't want to note
11
that in your report?
12
A.
That wasn't for me to really look at but, you know, it
13
was what it was. He had some loss of motion.
14
physical therapy and I don't know
15
attended in a regular way, I accept that. I don't recall.
16
Q.
He went to
if you tell me that he
You also had some other positive findings in your
17
report with regard to the elbow. Besides the loss of motion and
18
that's a significant loss of motion, we are talking about, you
19
know, thirty-five, forty-five degrees that he loss, correct?
20
21
A.
22
Out of the total of 150 degrees, he loss that amount,
23
yes.
And it is significant, it's significant but unfortunately
24
the amount of motion that he retained is well within what one
25
needs to function normally with an elbow.
I
520
snm(a)
1
2
Q.
Except for him that it is painful at the end of
extension and flexion, correct?
1
3
A.
That's a --
4
Q.
You did say that you said mildly
5
A.
6
Q.
Do you ignore subjective complaints from your patients,
7
Doctor?
8
A.
9
No, but you need to look for objective findings that
corroborate or don't, the subjective complaints.
10
Q.
Well, he does have subjective findings, he's got an
11
abnormal joint in that elbow with a bone missing and loss of
12
motion in the arm, correct?
13
A.
Yes, but
14
Q.
He also has atrophy in his forearm, doesn't he?
15
A.
He has atrophy.
16
Q.
And you didn't mention that on direct examination, did
17
you?
18
19
20
MR. ASHER: Could he be allowed to answered the
question.
21
22
THE COURT: He answered the question, sit down.
23
24
25
Q.
You didn't mention atrophy on direct examination, did
A.
I didn't mention because I wasn't asked about it.
you?
I
521
snm(a)
1
Dr. Crane
Q.
Well,
then maybe
that was Mr. Asher's
MR. ASHER:
Q.
that the atrophy
7
mass would
A.
Yes.
9
Q.
Okay.
10
about atrophy
in the legs, the loss of muscle
be a significant
8
And in his injured
finding,
right arm, which
arm, you found atrophy
dominant
12
A.
I did find atrophy.
13
Q.
Now, the cause of that atrophy
tone and muscle
is his more
in his forearm?
less use of that arm or from an injury,
could either be from
correct?
15
A.
No, it's not from an injury.
16
Q.
Atrophy
17
A.
No, it's from the fracture.
18
Q.
Atrophy
19
A.
It could come from a lot of things
could be from an injury,
correct?
could come from an injury,
came in the fracture,
of the leg
correct?
11
20
I
Note my objection.
And you did say when talking
6
14
fault,
apologize?
4
5
- Direct
Okay.
2
3
- Defense
from the residuals
21
Q.
And that's
22
A.
No, it's -- you know, it's --
23
Q.
It's not significant?
a significant
correct?
but it didn't,
it
of the fracture.
finding?
You just told us on direct
24
examination,
if you found atrophy
25
significant.
The fact that you didn't
in his legs that would be
find it was significant.
I
522
snm(a)
1
2
Now, you find it in his right arm and it's not
significant?
3
4
question, Judge.
5
6
THE COURT:
A.
Wait a second.
Overruled.
He had atrophy of his right forearm, it
7
was significant, it was from the fracture that he had of -- at
8
his elbow.
9
Q.
Okay.
10
Now, do you -- are you aware, Doctor, that he did have
11
objective diagnostic findings of a neurologist, an injury of his
12
ulnar nerve?
13
A.
14
15
16
I know that he had some EMG changes but he had normal
nerve conductions studies at the ulnar nerve.
Q.
And you know, neurologist is the one who does those
kinds of tests, correct?
17
A.
I beg your pardon?
18
Q.
A neurologist would do those tests, correct?
19
A.
They do that
well, some neurologists do, some send
20
them out to people who just do that. But that test, the EMG
21
nerve conduction study is either done by a neurologist or some
22
other physician.
23
Q.
It's a neurological diagnostical test, correct?
24
A.
Yeah.
25
Q.
Thank you.
I
523
snm(a)
1
2
It's not that difficult, you know, the things that we
can agree on?
3
4
Q.
And did you --
5
6
7
Q.
time of your report?
8
A.
Yes.
9
Q.
And are you aware that on
August
10
6th -- August 4th of 2006, he had an abnormal EMG study of the
11
ulnar nerve?
12
A.
Well
13
Q.
An EMG, not the nerve conduction velocity, Doctor, the
15
A.
I'm aware of what it said.
16
Q.
You disagree with that test, too?
14
EMG.
17
18
19
Q.
Do you disagree with that test, Doctor?
20
A.
I didn't say that I agree or disagree.
Q.
Well, I'm asking you, do you agree with that test or
A.
Well, first of all, someone wrote above the copy that I
21
22
23
o
Did you review his neurological diagnostic tests at the
24
25
not?
have, mild, above the world abnormal.
Q.
And it's a needle EMG.
Oh, you are looking at the 5-8-09 one, I think I am
'.
I
snm(a)
1
2
talking about the August '06 one.
A.
I don't have a date on this one, could you help me?
3
proceedings.)
5
Q.
You don't have the August 106?
6
A.
You know, I have -- there was so much as I recall, so
much redundant paper that I tried to sort it out, I may have.
8
Q.
So you get rid of the positive findings?
9
A.
No.
10
MR. ASHER: Objection, Judge.
11
12
...
(Whereupon, a brief pause was held in the
4
7
~
~
524
Q.
Next question.
I'm going to read you from Dr. Boppana's notes from
13
August 4, 2006 which is in evidence, "he has had an upper
14
extremity nerve conduction study and needle EMG."
15
16
Dr. Boppana said there are two different tests, do you
agree with that?
17
A.
I'm sorry, say that again.
18
Q.
Dr. Boppana testified the other day that there are two
19
different tests, nerve conduction velocity and needle EMG?
20
A.
Yes, yes.
21
Q.
They are looking for two different things?
22
A.
Yes.
23
Q.
"Median, ulnar and motor nerve conduction studies
24
reveal normal amplitude, latency and velocities.
25
ulnar F-responses are normal.
Median and
Median sensory, radial sensory
I
525
snm(a)
Dr. Crane
1
and ulnar
sensory
2
latencies
bilaterally."
3
4
Now,
there
nerves
the nerve
is electricity
5
A.
At a normal
6
Q.
Right,
7
"Electromyography
8
revealed
9
right
10
speed,
and peak
that shows that
the nerve,
correct?
yes.
of selected
upper
EMG?
extremity
at the right abductor
musculature
digiti
minimi
and
profundus."
does that mean?
A.
Loss of normal
12
Q.
At the right abducted
nerve
stimulation.
digiti
minimi,
which
is that?
(Indicating. )
14
A.
That's
15
Q.
And the right
16
A.
That's
17
Q.
Okay.
18
This
19
neuropathy
20
an abnormal
the muscle
of the right
digitorum
that bends
is an abnormal
elbow,
and profundus?
the index
study consistent
finger down.
with ulnar
is that an objective
finding
-- of an ulnar neuropathy?
A.
No.
22
Q.
It,'s not?
23
A.
No.
24
Q.
This diagnostic
denervation
over here on the side of the hand.
flexor
the muscle
21
25
amplitude
velocities,
through
11
13
normal
conduction
running
digitorum
What
reveal
- Direct
but he did have an abnormal
denervation
flexor
- Defense
study that says that there
is not an abnormal
study that
is a
Dr.
of
I
526
snm(a)
1
Dr. Crane
Boppana
2
says is abnormal
A.
variation
4
context
5
extremity,
6
absence
7
it's felt in my opinion
8
consistent
9
would
of a patient
the absence
11
have denervation
nerve
of those muscles,
at the elbow
conduction
nerve conduction
flow of nerve
in the hand?
It doesn't
make
and it's
study.
Why
at the elbow
stimulus
around
It doesn't
make
the elbow and
sense.
sense to you but it makes
He still had an abnormal
sense to the
EMG in May of 2009, correct?
15
MR. ASHER:
Note my objection.
16
THE COURT:
Overruled.
17
A.
That's
18
Q.
And that's
his ulnar
what this report
says, it says --
not an objective
finding
of a problem
with
nerve
either?
There
are no -- this is just, this is Dr. Boppana's
20
A.
21
interpretation
22
Q.
Now, Dr. Boppana
23
A.
Yes.
24
Q.
He's got a physician/patient
25
or in the hand,
result
study
the
neurologist.
14
19
exam of his upper
that is an unimportant
with a normal
normal
neurologic
findings
deal of
of that test and in the
of any weakness
of any neurologic
indicating
13
with a normal
you have a normal
Q.
EMG is -- has a great
in it, in the interpretation
10
12
- Direct
and you say is not, yes or no?
An EMG, a needle
3
- Defense
Mr. Espinal?
of a study.
was his treating
doctor,
relationship
correct?
with
I
527
snm(a)
1
A.
Yes.
2
Q.
As does Dr. Khrone and Dr. Kaplan, correct?
3
A.
Yes.
4
Q.
And his chiropractor and anybody else that's treated
5
him?
A.
Q.
A.
Q.
10
You go to great lengths, actually in your report to say
11
that no doctor/patient relationship exists or is implied by this
12
examination and no treatment was administered or specifically
13
suggested.
14
There's a significant difference when you are doing an
15
examination on a patient who's a patient of yours and somebody
16
who you're just going to go and give your expert opinion about
17
in court, no?
18
A.
Well, of course, there's a difference.
19
Q.
Okay.
20
Mr. Espinal was relying on the care and treatment
21
rendered by his treating physicians, same as your patients who
22
you're treating rely upon your advice for their care and
23
treatment, correct?
°
24
25
A.
Yes.
Q.
Okay.
I
528
snm(a)
~
~
Dr. Crane
1
You're
- Defense
- Direct
corning in here and telling
this jury that the
.
2
objective
3
are not objective
test that Dr. Boppana
of any condition
4
A.
They are inconsistent
5
Q.
For all the other
6
8
Q.
You don't
Well,
that would
findings.
lumbar
EMG, true?
recall.
Doctor,
bilateral
be an objective
lumbar
paraspinal
myospasm,
finding?
11
A.
You mean be an EMG?
12
Q.
Yes.
13
A.
That's
14
Q.
Involuntary,
15
A.
No.
16
Q.
-- that doesn't
17
for
findings.
recall.
I don't
10
with all the other
he also had a positive
A.
Mr. Espinal
at all, correct?
Doctor,
7
9
read and treated
of no value.
bilateral
lumbar
paraspinal
show that there's
spasm
myospasm--
in the lumbar
spine?
18
A.
No.
19
Q.
So when Dr. Boppana
20
the lower back,
21
problem
he didn't
with any muscle
testified
have an objective
A.
That's
23
Q.
This is a conclusion,
24
consistent
25
involuntarily,
with
you can't tell muscle
involuntary,
would
doing his EMG of
finding
of any
spasm in the lower back of Mr. Espinal?
22
right,
after
spasm
this is an abnormal
that means
you can't
from an EMG.
study
--
you agree with me that that word means
that
I
snm(a)
..,"
1
you can't do that on your own, it is involuntary?
2
3
MR. ASHER: Tell me what date we are reading from,
counsel.
4
MR. MADONNA: 1-25-08.
5
A.
6
involuntary.
7
Q.
I agree with your characterization of the word
Okay.
8
9
529
And bilateral lumbar paraspinal myospasm, what does
that mean?
10
A.
Don't ask me, you have to ask Dr. Boppana.
11
Q.
Okay.
12
If Dr. Boppana explained that to the jury, what it
13
meant, you would defer to him because you don't know what it
14
means and he did?
15
A.
No, as I said
16
Q.
No, your answer is no.
17
MR. ASHER: May he answer the question, Judge?
18
MR. MADONNA: He did, he said no.
19
THE COURT: I answered the question.
20
Q.
Is spasm in the lumbar spine an objective finding?
21
A.
Yes.
22
Q.
And would the loss of curvature of the lumbar spine be
23
an objective finding of spasm in the lower back?
24
A.
No.
25
Q.
No?
I
530
snm(a)
1
A.
No.
2
Q.
Could it be?
3
A.
No, it couldn't be.
4
Q.
Couldn't be at all.
5
So when Dr. Boppana looked at those x-rays and showed
6
the jury the loss of the lumbar lordosis that Mr. Espinal was
7
suffering from and told them that that was a result of the
8
muscles tightening and pulling the spine straight in spasm, he's
9
incorrect?
10
A.
Yes.
11
12
hypothetical, Judge?
13
14
Is that a
I'm not sure.
THE COURT: Overruled. Overruled.
Q.
Doctor, were you aware that in the course of treatment,
15
Drs. Khrone and Dr. Kaplan did come across the positive Tennel
16
sign when they were examining Mr. Espinal?
17
A.
Yes.
18
Q.
But we are supposed to take your word that when you
19
examined him, he doesn't have one?
20
MR. ASHER: Note my objection as to the form.
21
THE COURT: As to the form, sustained.
22
23
Q.
You want this jury to believe that when
him, he didn't have one?
24
25
you
examined
I
snm(a)
1
2
531
A.
I don't -- do I want the jury to believe it?
I'm only
telling you what I found.
3
Q.
SO you don't want the jury to believe what you say?
4
A.
I would hope the jury would find my testimony credible.
5
I'm telling them what I found and I'm telling them what I found
6
is
7
Q.
All right, your finding a negative Tennel sign and
8
Dr. Khrone finding a positive Tennel sign, that's inconsistent,
9
isn't it?
10
A.
That's inconsistent with what? Between the two?
11
Q.
With an ulnar nerve injury?
12
A.
My finding is consistent with a normal nerve conduction
13
study.
14
the hand.
15
sensory deficit in the ulnar nerve distribution.
16
consistent with normal strength in the hand, in the ulnar nerve
17
musculature.
18
Q.
My finding is consistent with the absence of atrophy in
My finding is consistent with the absence of a
My finding is
Those are all consistent.
But that, unfortunately, is not the state of Mr.
19
Espinal's right arm. Mr. Espinal is, according to the treating
20
doctors notes, has weakness in his right arm; Mr. Espinal,
21
according to the treating doctors' note, as a loss of motion in
22
his right arm; Mr. Espinal, according to the treating doctors'
23
notes, complained of paresthesia or loss of sensation down his
24
arm into his left or his right arm into his -- his right arm,
25
that's right into his last fingers or three fingers on the
I
snm(a)
532
1
right-hand side; that would be consistent of an ulnar injury,
2
correct?
3
4
question.
5
6
A.
You put a lot of things into that. First of all, you
7
said loss of motion, loss of motion has nothing to do with an
8
ulnar nerve injury.
9
doesn't mean that impacts the ulnar nerve, at all.
The fact that you have some loss of motion
10
Q.
Doctor, doctor, doctor.
11
A.
Secondly
12
13
THE COURT: Let him answer the question.
A.
Secondly, the sensory loss that he alleged when I saw
14
him was his entire arm, not in the distribution of the ulnar
15
nerve, not the ring finger and the little finger and half of the
16
ring finger. The weakness that you're telling me that Dr. Kaplan
17
and Dr. Khrone found, I found it quite the contrary.
18
to have normal strength and to be highly muscular with no
19
atrophy or any weakness.
I found it
20
Q.
No, you did find atrophy in his right arm.
21
A.
Forearm atrophy but no atrophy in his and. The ulnar
22
nerve innervated the intrinsic muscles of the hand, when you
23
have ulnar neuropathy this muscle here shrinks, this muscle here
24
shrinks and in between the fingers those muscles shrink and he
25
had none.
f
snm(a)
1
Q.
2
Okay.
So, Doctor, your one single solitary examination, you
3
said when you looked at them and these are subjective findings
4
that are coming from you, now you say he had no positive Tennel
5
sign, correct? Correct?
6
7
8
9
A.
I said he had no -- you said subjective finding, that's
not a subjective finding.
Q.
Well, Doctor, corning from you it is because we have to
take your word for what you found.
10
THE COURT: Sustained. Next the question. Strike
11
it.
12
Q.
13
That's not recorded anywhere other than by you,
dictating it into your report~ correct?
14
A.
What's that?
15
Q.
Whether he had a positive or a negative Tennel sign?
16
A.
In my examination?
17
Q.
Correct.
18
A.
Of course.
19
report.
20
Q.
It's just what I dictated as part of my
And the same thing whether or not he had muscle spasm
21
or tenderness or complaints of pain, we have only what you put
22
down and dictated into your report, correct?
23
A.
That's right.
24
Q.
Okay.
25
533
And the same thing with regard to the loss of
I
snm(a)
1
534
sensation, true?
2
A.
Yes.
3
Q.
Now, Doctor, I -- you do know that we have collected
4
transcripts over the years of the times that you have testified,
5
we have also started collecting, these guys are getting a little
6
smarter, prior physical examinations reports that you have done
7
of dozens and dozens and dozens of other plaintiffs involved in
8
litigation.
9
MR. ASHER: Just note my objection to the colloquy
/
10
of counsel.
11
THE COURT: As to the colloquy, sustained.
12
the question, you may answer it.
13
Q.
As to
Doctor, I have reviewed over 150 of these examinations
14
that you have done on behalf of plaintiffs in the last two
15
years, okay, not everyone
16
one that you have done but over 150.
of them but over a hundred, not every
How many do you do a year?
17
A.
Three hundred.
18
Q.
Okay, so 150 out of the 600 that you may have done in
19
the last two years, okay.
20
And would it surprise you in these physical examination
21
reports that every time you have a sensational loss that you are
22
describing of a plaintiff, it's of a distribution, it's not
23
anatomically accurate; would that surprise you?
24
A.
It's not true.
25
Q.
It's not true? So it would surprise you if I started
I
snm(a)
535
1
reading off of these reports and started reading to you and the
2
jury what your sensation of examination was; do you recall
3
examining Luis Sanchez back on October 11th of 2007?
4
A.
No.
5
Q.
He was also a client of my office, by the way.
6
You did an examination of him and you issued a report.
7
In that examination, you did a pin prick stimulation and you
8
said on pin prick stimulation, he had a decreased response to
9
pain in the entire left arm beginning at the lower third of the
10
humerus and extending distally and globally down the forearm to
11
include the entire wrist. In addition, he felt no sensation at
12
all, no pin prick sensation in the entire aspect of the left
13
hand, including the palm and all of his digits. This sensory
14
loss in quotes, did not conform with any clear pattern?
15
Let's take a look at what you wrote about Mr. Espinal?
16
"On pin prick stimulation, he had a decreased response
17
to pain in his entire left leg from upper thighs to toes.
18
did not conform with any known sensory pattern and it was not
19
believable. With his arm on pin prick stimulation, he had a
20
decreased response to pain in his entire right arm from the
2~
shoulder to fingers. This did not conform with any known sensory
22
pattern and it was not believable."
23
It seems to be, Doctor, a pattern.
24
25
This
MR. ASHER: Do we have a question, Judge.
Q.
Let's see, do you recall -- there's so many of these.
I
536
snrn(a)
1
Do you recall doing an examination of Lillian Wide lee on
2
April 4, 2007?
3
A.
No.
4
Q.
You wrote and issued a report in that case, did you, on
5
behalf of the defense team as well.
"On pin prick stimulation,
6
there was a decreased response of pain in her entire left arm
7
from shoulders to finger.
8
sensory pattern and it was not believable."
This did not conform to any known
I don't want to waste the jurors time and go on and
9
10
on and on over this but, Doctor, you disagree with me if I told
11
you that a majority of these reports you wrote basically the
12
same thing, that the loss of sensation did not conform to any
13
nerve roots -- any nerve distribution and was not believable.
A.
14
Well, I can't say that -- I can't speak to the majority
15
of the reports.
I can say that it's fortunate that it is not
16
uncommon for people who are being examined to have examinations
17
of that type. Sometimes they have examinations that are
18
believable and are consistent with a neurological pattern.
19
Unfortunately,
20
non-physiologic
21
sense.
it is not uncommon for them to have
responses that make no neurologic or orthopedic
22
Q.
Do you think Mr. Espinal was faking his broken elbow?
23
A.
No.
24
Q.
Was he faking the lack or loss of sensation in his left
25
arm?
I
537
snm (a)
1
A.
It is -- in his right arm?
2
Q.
In his right arm? I got confused because you took
3
x-rays out of the left arm. I apologize.
4
5
Q.
Was he faking his loss of sensation of his right arm?
6
A.
I found it not credible.
7
Q.
Now, Doctor, he also did come into your examination
8
room with a limp and wearing a lumbar brace, correct?
9
A.
A slight limp on the left.
10
Q.
And could that be indicative of a back injury?
11
A.
It could be.
12
Q.
Now, we were talking about crepitus before, you found
13
no crepitus at the time of your examination?
14
A.
That's right.
15
Q.
Are you aware in reviewing the records from Drs. Khrone
16
and Kaplan that they did find crepitus in his elbow?
A.
Q.
A.
20
none.
21
Q.
Okay. And when they examined him, he did?
22
A.
I can't say that.
23
Q.
And if that was before and after your examination, we
24
should believe your examination that he doesn't have crepitus in
25
his elbow?
I
538
snm(a)
1
2
3
4
A.
I'm only telling you what I found.
If I found
crepitus, I would of said that he had crepitus.
Q.
And you think that he could lift whatever weight he
wants with his right arm?
5
A.
Yes.
6
Q.
And that's inconsistent with what Drs. Khrone and
7
8
_ Kaplan say that he should be limited to fifteen to twenty pounds
with the right arm due to the pain that he has in that elbow?
9
A.
I disagree.
10
Q.
On November 7, 2007, Dr. Khrone saw him in follow-up.
11
He is increasing resistance of weight, five to ten pounds, felt
12
a small crack in the elbow.
13
flexion on the elbow associated with rotation and supination
14
motion. On examination, remains the same but there is crepitus
15
type crack with motion that was not previously present
16
previously. And some complaints of pain are elicited here.
17
He now has a repetitive crack with
Does that show a progression?
18
A.
I don't know what it shows, I can't speak to it.
19
Q.
Well, if he didn't have crepitus in 2006 and now in
20
November of 2007, two years -- two and a half years after his
21
accident he has crepitus, would you agree that shows a
22
progression of the damage to his joint?
23
A.
No.
24
Q.
No, okay, of course not.
25
I
539
snm(a)
THE COURT: Sustained as to the last comment.
1
2
Q.
Doctor, what is spasm?
3
A.
It's an involuntary constriction of muscle where the
4
muscle becomes rigid and hard and when you press on it, it is
5
very firm.
6
Q.
That's something that you can feel?
7
A.
Yes.
8
Q.
SO that would be an objective finding?
9
A.
If it is accurately characterized, yes, it is an
10
11
objective find.
Q.
SO if Dr. Boppana found spasm in his lumbar back
12
musculature, that would be an objective finding of a back
13
injury?
14
A.
Assuming that Dr. Boppana is characterizing it
15
accurately, it would be an objective finding of spasm.
16
a strain or injury, yes.
Could be
17
Q.
And now what is radiculopathy?
18
A.
That's where the -- where there's pressure on a nerve
19
and it sends a radiation of pain down into the leg from pressure
20
on the nerve.
21
Q.
Okay.
And that's from pressure on the spinal nerve?
22
23
A.
Can be.
24
Q.
Could it be from a lumbar spasm?
25
A.
No, lumbar spasm would not send pain down the leg.
I
540
snm(a)
1
2
Q.
No, no but can a lumbar spasm cause the vertebrae to be
out of .line and putting pressure on the nerve?
3
A.
No, that's not possible.
4
Q.
And radiculopathy, is that a significant finding?
A.
It's a diagnosis, it's not a finding.
Q.
Is it a significant diagnosis for someone?
A.
If it is accurately represented, yes.
Q.
And that's characterized with a complaint of pain or
5
6
7
8
9
10
having pain that goes down one side of your body or both?
A.
That's a symptom. The signs of radiculopathy are any
11
combination of reflex changes, atrophy in the muscle, loss of
12
sensation, loss of power, positive straight leg raising. Mr.
13
Espinal had none of those when I examined him.
14
15
Q.
And a symptom of it is pain and the radiation of a
tingling feeling down your leg?
16
A.
That's a symptom, that's a --
17
Q.
And symptoms --
18
A.
19
Q.
And symptoms are indicative of a condition?
20
A.
Sometimes.
21
Q.
And you do have to look at symptoms in order to make a
22
differential diagnosis, correct?
23
A.
What do you mean look at symptoms?
24
Q.
Take them into consideration.
25
A.
Of course.
I
541
snm(a)
1
2
Q.
And when you treat your patients, you treat them, you
take their symptoms into consideration?
3
A.
Of course.
4
Q.
Now, you did a -- you talked about this forward flexion
5
range of motion testing that you did with regard to Mr.
6
Espinal's back?
7
A.
Yes.
8
Q.
And I think you told the jury that it was inconsistent
9
because when he sat on the examination table, similar to the way
10
that he's sitting now, he was able to sit at ninety degrees,
11
correct?
12
13
14
A.
And then bring his legs out flat on the table and sit
comfortably
Q.
in that position.
Isn't it true, Doctor, that's a different range of
15
motion, different test for range of motion than bending over
16
forward?
17
A.
No, it's the same.
18
Q.
Same exact thing?
19
A.
Yes.
20
Q.
There's no differential in the load on the spine when
21
you bend over forward and when you are sitting on a table?
22
A.
The load is
23
Q.
Yes or no?
24
A.
But the range of motion testing is the same.
25
Q.
Mr. Espinal, could yqu please come here, please.
I
542
Dr~ Crane - Defense - Direct
snm(a)
1
2
3
(Whereupon, the plaintiff entered the well of the
4
courtroom.)
5
Q.
Now, when you did the pronation and supination range of
6
motion on Mr. Espinal, you testified that he had the same on
7
both sides, correct?
8
A.
On pronation/supination, yes.
9
Q.
Right.
10
A.
Seventy degrees in each direction.
11
Q.
And that's starting from with your palms up and down
12
And that was seventy degrees?
like this?
13
A.
Yes.
14
Q.
Okay, palms down like this would be ninety degrees?
15
A.
Yes.
16
Q.
And palms straight up, supination would be ninety
17
degrees?
18
A.
Well, he's about eighty right there but.
19
Q.
This is eighty, okay. So, if there was spinal
20
21
22
you
said that he can't move his left palm to ninety degrees?
A.
Well, you see he moved his -- you talking about -- you
mean his right.
23
Q.
No, his left.
24
A.
He's moving his left to seventy and as he was moving
25
his right, he stopped at forty-five and then he gradually moved
I
543
snm(a)
1
it further.
Now, turn them down over.
2
Q.
3
degrees now?
4
A.
5
6
His left is at ninety
His left is -- you have to fix the elbow to the chest.
Seventy on the left, it's changing, fifty or sixty on the right.
Q.
You can have a seat, thank you.
(Whereupon, the plaintiff resumes his seat in the
7
8
audience. )
9
Q.
They are different now then?
10
A.
What do you mean?
11
Q.
His range of motion is you --
12
A.
The amount -THE COURT: There's no question before you, ask the
13
14
question.
15
A.
Well, the amount of motion -THE COURT: Ask the question. Did you ask a
16
17
question?
MR. MADONNA: Yes.
18
19
20
Q.
His range of motion on his good arm is different now,
right?
21
A.
No.
22
Q.
It was the same?
23
A.
Yes.
24
Q.
It was the same as the other arm?
25
A.
No.
" I
I
544
snm(a)
1
Q.
It was different?
2
A.
wait a second, I'm
3
Q.
You compared his range of motion with pronation and
4
supination at the time of your examination and you said they
5
were the same, correct?
6
A.
I did.
7
Q.
Okay.
When you just saw him do that now in front of you and
8
9
10
showed to the jury how it was done, they were different,
correct?
11
A.
What was different?
12
Q.
The pronation and the supination of the right and left
14
A.
Yes, they were.
15
Q.
Okay. Thank you.
13
arm?
16
MR. MADONNA: I have nothing else, Doctor.
17
MR. ASHER: Nothing further, Judge.
18
THE COURT: You may step down.
19
(Whereupon, the witness's testimony was concluded
20
Thank you, Doctor.
and the witness was escorted out of the courtroom.)
THE COURT: Ladies and gentlemen, we are breaking
21
22
for the day.
23
yourselves.
24
you.
25
mind.
I remind you not to discuss the case among
Do not allow anyone to discuss the case with
Do not do any independent research.
Keep an open
I
545
snm(a)
Your services will not be needed tomorrow morning
1
2
and I will see you tomorrow afternoon at two o'clock.
COURT OFFICER: All rise, jury exiting.
3
(Whereupon, the sworn jury is escorted out of the
4
5
courtroom by the court officer.)
THE COURT: Okay, I will see everyone tomorrow at
6
7
8
9
10
11
12
~
13
14
15
16
17
18
19
20
21
22
23
24
25
2:00.
(Whereupon, the trial was adjourned to Tuesday,
May 25, 2010 at 2:00 p.m.)
1
Header
$
$1,150.00 [1)- 428:24
$150.00 [1)- 497:2
$179.00 (1)- 428:6
$20.00 [1]- 450:22
$225,000.00 [1]497:13
$300,000.00 [2]497:22,500:13
$3000,000.00 (2]497:21, 498:7
$303.00 [1]- 428: 10
$4,021.89 [1]- 428:4
$5,000.00 [1]- 467:5
$5,138.73 [1]- 428:13
$5,501.41 (1]- 428:8
$60,000.00 [1]497:17
$750.00(3]- 466:18,
497:2,497:12
$900.00 [1]- 497:5
,
'06 (2) - 524: 1, 524:5
1
455:24,456:12,
1\
..... 1[81456:22,457:12,
W
458:13,458:15,
459:16,467:24
1) (2)- 452:21, 453:8
1-25-08(1)- 529:4
10 [1)-469:23
10016 [1)-423:20
10017(1)- 423:17
10021 (1)- 460:24
10451 (1)- 423:11
1067 (1)- 457:6
11208 (2J- 429: 19,
430:11
1136 (1)- 457:4
1157 (3J- 423:7,
431:8,432:25
11:30 [2J- 469:2,
469:3
11th (1)- 535:3
12 [11-474:19
125(3)- 475:11,
475:14,475:18
12:26 (1)- 469:3
135[1]- 475:13
140 (1)- 475:14
145[1)- 475:17
150[4)- 519:22,
534:13,534:16,
534:18
152 (2)- 460:24,
468:23
156TH [1]- 423:7 .
156th (2)- 431 :8,
432:25
180(3) - 473:3,
473:21, 473:22
19 [1]- 428:17
1967[1]- 461:13
1971 (1)- 463:23
1972 (1)- 463:3
1984 [3]- 496:11,
496:16,496:18
1999 [4]-'432:13,
447:24, 447:25,
450:7
2
20 (3]- 424:21,
424:24, 428:3
200 (2)- 456:16,
456:17
2004 [11-449:6
2005 (10)- 431 :7,
431:17,446:1,
449:6, 464:3,
468:17,469:21,
469:23, 469:24
2006 (14)-428:7,
428:19,428:20,
445:19,445:25,
446:5, 446: 15,
447:3,447:15,
469:25, 470:3,
523:10,524:13,
538:19
2007[13]- 428:11,
428:13,428:17,
428:23, 470:3,
470:4,492:15,
510:11,535:3,
536:2,538:10,
538:20
2008 (3)- 457:7,
467:24,501:15
2009(1)- 526:14
2010[3]- 423:11,
446:1,545:9
20189-2005 (1)- 423:5
21 (3)- 428:5,445:19,
446:15
22 [1]- 428:14
23 (2)- 428: 18, 469:24
24 (4)- 423:11,
424:21, 424:24,
428:22
240 (8)- 452:21,
453:8, 455:24,
456:8, 456:22,
458:13,458:15,
459:16
241 [3J- 456:11,
456:16,456:17
241(6 [1]- 456:9
25 (7) - 430:22,
436:19,448:19,
448:24, 449:2,
466:3, 545:9
250[1) - 456:12
26 [4]-449:11,
449:14,449:16,
469:25
27(3]- 449:11,
449:14,449:16
2812]- 457:4, 470:4
280 (1)- 457:12
28th (1)-428:23
2:00 (2]- 545:7, 545:9
2d 12]- 457:5, 457:6
3
3 [3]- 428:20, 470:3,
471:17
314 [1]-457:6
3937008 [1]- 509:16
3:30(1) - 437:10
3d (3)- 457:4, 457:6,
457:12
4
4[2) - 524:13, 536:2
484[1) - 457:12
4th [1)- 523:10
5
5-8-09(1)- 523:25
53 (1)-457:6
6
6[2] - 456:11,456:18
6) (1)- 456:16
600[1]- 534:18
693 [2]-429:19,
430:11
6th (2)- 423:20,
523:10
7
7 [4]-428:19,470:4,
492:15,538:10
70s(1)- 463:18
73rd (2)- 460:24,
468:23
n1 (1)- 457:12
n2 (1)- 457:5
n7 [1]- 423:17
7:00 [1]- 437:10
8
8[2] - 468:17, 469:21
80s (1)- 496:20
810 [1]- 457:4
851 [1]- 423:10
863 [1]- 457:6
9
9 [21- 469:22, 470:3
A
abducted [1]- 525:12
abduction (1)- 473:21
abductor[l)- 525:8
ability (1)- 445:24
able (2) - 477:4,
541:10
abnonnal[10]520:11,523:10,
523:24, 525:6,
525:18,525:20,
525:25,526:1,
526:14,528:23
absence (4)- 526:5,
526:6,531:13,
531:14
absolutely (2)435:16,454:14
accept[l]- 519:15
accepted (1)- 465:7
accldent(20)- 436:21,
441:12,441:17,
444:10,445:25,
447:3,450:17,
451:2,454:14,
454: 15, 455:7,
458:7,458:11,
458:18,464:14,
468:10,468:14,
468:15,478:16,
538:21
accordance [11•
491 :11
according (3J531 :19,531:21,
531:22
accountable (2)453:21,454:6
accurate 12]- 473:6,
534:23
accurately [3]- 539:9,
539:15,540:7
achilles [1]- 493:11
acknowledges [2]-
457:18,457:19
act[1]- 499:16
actions [2]- 459:6,
465:15
active [2]- 463:24,
466:4
activities (2)-478:6,
478:7
activity [11-472:19
AD (2)- 457:4, 457:6
addition [4) - 431 :4,
458:16,469:4,
535:11
additional IS]- 428:9,
437:20, 461 :24,
470:2,518:15
address [91- 429:16,
430:7, 430:8,
452:11, 460:21,
485:15,489:20,
499:13
adequate [lJ- 453:14
adjourned (1)- 545:8
adJust(2)- 434:17,
443:2
administered (1)527:12
admissibility (1)488:3
advice (1)- 527:22
advocate [1)- 499:16
afflnn (2) - 429: 11,
460:16
afternoon [5) 460:25,461:1,
495:4, 495:5, 545:2
age[1]- 485:16
aggregate[l]- 508:8
agility [lJ- 480:21
ago (5) - 444:6,
445:12,463:17,
489:17,495:14
agree (11)-464:14,
513:10,513:12,
517:16,523:2,
523:20, 523:21,
524:16,528:25,
529:5, 538:21
agreed [1]-425:14
ahead [lJ- 473:8
Alr[lJ - 462:22
alleged (3J- 458:4,
458:5, 532:13
allow [10]-436:25,
452:5, 486:21,
487:17,489:1,
489:13,495:17,
500:3, 504:9, 544:23
allowed [1)- 520:20
almost [5] - 479:2,
2
Header
479:3, 509:25,
510:4,510:6
alone [4]- 455: 18,
457:17,457:21,
505:5
Alpha [IJ- 469: 15
aluminum (2J433:25, 434: 1
amenities [1]- 428:12
Amerlcan(2)- 462:25,
463:12
amount[13J - 428:4,
428:10,428:12,
473:5,473:13,
494:14,496:25,
498:2,518:1,
519:22,519:24,
543:12,543:15
ample[IJ - 478:11
amplitude (2J524:24,525:1
anatomIcally [I] 534:23
anatomy [IJ- 505:6
angle[3]- 434:17,
475:12,477:5
angles [2]- 442:24
ankle [3J- 493:7,
493:12,493:14
annoyed [1)- 489:11
answer[2S]- 436:14,
436:15,437:1,
437:17,439:21,
440:9,447:7, 447:9,
473:10,496:15,
499:5, 499:15,
500:3, 502:20,
503:7,503:13,
507:11,507:13,
511:4,511:9,
512:13, 529:16,
529:17, 532:12,
534:12
ANSWER (3)- 446:21.
446:24,447:1
answered [3]520:20, 520:22,
529:19
answers [3]- 446:15,
446:17,507:9
anticipate (2)425:15,426:5
antics [1]- 511:3
anxious [IJ- 504:23
apart [4J- 513:18.
514:1,514:2,514:3
apologize [4]427:16,457:10,
521 :3, 537:3
Appeals [1)- 458:8
appearanCe[I)509:25
appeared [1)- 495:18
appliance [IJ - 425:25
application [I] 452:20
applies [1J- 459: 16
appointments [IJ 466:25
approach[4J - 438:17,
470:10,484:20,
484:22
appropriate [1J465:11
approved[IJ - 463:8
April (5)- 428: 11,
428:13,492:15,
510:10,536:2
arch [1)- 475:15
area [2)- 432: 18,
464:3
areas (2)- 464: 13
argue [2)- 446:2,
447:17
argument[I]- 456:14
arguments (2]- 456:5,
459:14
arm (39)- 474:10.
478: 1, 481 :23,
482:19,482:21,
482:22,494:16,
494:20,494:21,
505:6, 505:24,
517:23.520:12,
521:10.521 :11,
521:14,522:1,
531:19,531:20,
531:22,531:24,
532:14, 532:20,
535:9,535:19.
535:20, 536:6,
536:25, 537: 1,
537:2, 537:3, 537:5,
538:4, 538:8,
543:19,543:24,
544:13
arms [2J- 462:15,
477:15
array [IJ- 434:20
arthritis (13)-491 :7,
514:16.514:19,
514:22,514:24,
515:6,515:10,
515:18.515:21,
516:10,516:23,
516:24.517:6
articular [5J- 512:22,
512:24,514:15,
515:14,517:4
artlcularly [IJ - 512:19
Asher [8]- 429: 1,
443:23, 444:9,
445:9.445:13,
487:18,491:14,
491:24
ASHER [91J- 423:21,
424:11,424:15,
425:4,425:14,
425:19,425:22,
426:4, 426: 10,
426:14,426:17,
426:21, 427:3,
429:3,430:1,435:1,
439:12,439:15,
440:7.440:20,
443:16,447:7,
448:22,449:13,
451 :22, 455:25,
456:2,456:17,
456:20, 460:9,
461:3,461:8,
464:18,465:1,
470:15,484:20,
484:23,486:18,
487:19,488:1,
488:14,488:20,
489:5, 490: 13,
492:5, 494:23,
495:16,496:14,
498:4, 498:23,
499:1,499:18,
500:1, 500:17,
502:5,502:15,
502:19,503:6,
503:12,503:24,
504:9.504:15,
505:2.505:15,
~07:6, 509:4,
10:13,511:1,
512:10,513:14,
514:12,519:20,
520:18,520:20,
521 :4. 522:3. 523:3,
523:17,524:10,
526:15,529:2,
529:17,530:11.
530:20, 530:24.
532:3, 534:9,
535:24, 538:25,
542:1,544:17
Asher's [IJ- 521:2
aslde[I]- 464:14
aspect [3]- 462:19,
463:25,535:12
aspects [11-463:10
assertion [1]- 454:2
assessing [IJ- 473:6
assigned (2)- 433: 1,
436:18
assigns (1)- 436:4
assist (2)- 436:2,
474:16
associated [1)538:13
Associates [IJ466:22
ASSOCIATES [IJ423:19
assumes[I)- 489:15
assuming (3)480:10,488:12,
539:14
AtkIns [2J- 429:19,
430:11
atrophy [21]- 483: 1,
483:5. 494:2,
520:14,520:15,
520:23, 521 :5,
521:6,521:11,
521:12,521:13,
521:16,521:18,
521:24, 522:6,
531:13,532:19,
532:20,532:21,
540:11
attack [IJ - 456:5
attend [1]- 519:5
attended [11-519:15
attention [1)• 505:20
Attorney (2]- 423: 16,
423:19
attorneys [1)- 499:21
audlence[IJ - 543:8
August [8]- 428:7,
469:23,470:2,
523:9,523:10,
524:1,524:5.524:13
avallable[I)- 435:15
Avenue[4J - 423:17,
423:20,429:19,
430:11
average [IJ- 495: 13
averaged [IJ - 468:6
award [IJ- 457:14
aware [13)- 433:6,
434:24, 438:24,
441:2,441:4,454:4.
502:16, 503:9,
522:10,523:9,
523:15,530:14,
537:15
B
B.R-A-N-C.A-T -0 [IJ429:20
backwards [1]474:12
Baker[I)- 457:10
balance [2]• 466:4,
480:21
balls (1)- 480:14
band [1)- 481:12
base [1]- 457:2
based (4)- 449:18,
459:4, 479:2, 491:2
basIS(5)- 457:17,
468:2, 488:9,
489:14,490:15
bay[3J - 431:12,
431:14,431:15
becomes [IJ- 539:4
beg [1]- 522:17
begInnIng (2J437:19,535:9
behalf [17]- 425:20,
429:23, 454:3,
460:9, 461 :5,
465:22,465:23,
465:24, 497:23,
498:12,500:9,
500:12,502:17,
503:10,534:14,
536:5
behind [11-473:24
belief [1)- 490:16
believable [5J535:19, 535:22,
536:8,536:13,
536:18
beIOW[I]- 493:11
belt [IJ- 458:5
belts (3)- 438:5,
439:22
bench[4]- 438:19,
442:7,470:13,486:1
bend [IIJ - 472:5,
476:9,476:10,
477:2, 477:3,
477:24,480:7,
482:6,482:11,
517:2,541:21
bending [IJ- 541:15
bends[I]- 525:16
bent [4]- 477:25.
478:2, 480:6, 482:8
best [4)- 436:9,
445:22, 445:24,
449:24
better [3]- 440:19,
446:4,518:20
between [10]- 475:9,
477:5,479:12,
489:18,498:17,
499:21,501:15,
531:10,532:24
biceps [IJ- 477:23
big (2)- 434:5,506:10
bilateral [3J- 528:9,
528:14.529:8
3
Header
bilaterally [11-525:2
Bill (2)- 469:9
bill [6)- 428:4, 428:6,
428:8,428:10,
428:11, 428:23
bills (3)- 424:5, 428:5
birth 121-485:16
bit [8]- 424:2, 444:7,
452:16,473:4,
475:2, 475:4, 498:8,
500:19
Blake[3]- 457:10,
457: 11, 458:8
block (3)- 443:11,
443:13,487:14
blocks [1]- 491 :15
board [3]- 462:24,
463:2, 463:5
Board (2)- 462:25,
463:12
bodies (2)- 491 :6,
518:12
body [8]- 471 :24,
472:21,473:14,
474:3,485:19,
507:2,507:17,540:9
boil [1]- 459:16
bone 17]- 491 :8,
508:4, 508:6,
511:18,513:18,
513:23, 520:11
bones[3J - 462:15,
513:23,517:12
Boppana(11)524:15,524:18,
526:1, 526:22,
528:2,528:19,
529:10,529:12, .
530:5,539:11,
539:14
Boppana's (2]"
524:12,526:20
boring [1]- 495:23
bottom [3]- 434:12,
434:14,455:2
box (6)- 484:21,
484:24,490:15,
490:23,491:15
brace [1]- 537:8
Brancato (7)- 429:4,
429:18,430:2,
430:8, 442:8,
443:21, 447:6
BRANCATO [11429:22
branches [1)- 462:2
break[4]- 452:3,
486:20,512:8,
512:17
breaking [1]- 544:21
breezed (1)- 445:8
brief[9j - 424:18,
432:11, 442:6,
450:14,470:12,
485:25, 486:20,
490:2, 524:3
briefly (4)- 442: 18,
442:20,481:6,481:7
bring [7]- 426: 12,
432:4, 432:6, 484:1,
490:4,491:13,
541:12
broken [3]- 461 :25,
517:12,536:22
BRONX [11- 423:2
Bronx (3)- 423:11,
464:24,495:12
Brooklyn (2)- 429:19,
430:11
brought[1]- 503:1
Brown [1]- 457:5
building (2]- 438:5,
443:8
built (1)- 474:11
business (13)429:16,430:9,
430:10,430:15,
430:17,448:6,
448:9, 453:6,
460:21,495:15.
498:7, 500:12
button (1)- 443:2
buying (1)- 489:23
BY[7]- 423:18,
423:21,430:1,
443:20, 461 :8,
490:13,495:3
C
Cabrlnl [5]" 428:5,
428:9,469:13,
508:3, 509:9
cancel (1)- 466:24
cannot[5]- 453:7,
453:19,455:6,
458:13,507:11
capitulum[3]- 513:3,
513:4,513:9
card (2]- 485:14,
486:10
cardiology [1]- 462:2
care[4]- 464:3,519:9,
527:20, 527:22
case [46]- 425: 11,
427:18,427:21,
429:2,429:12,
440:11, 452:4,
452:5,452:14,
452:18,453:3,
454:8,455:18,
456:12,457:5,
457:7,457:10,
457:13,457:16,
457:22, 458:7,
458:15,458:24,
459:2, 459:3, 459:5,
459:17,460:17,
464:8, 465:3,
467:16,467:17,
468:10,482:12,
482:16,482:18,
,
484:6, 486:20,
486:21, 491 :20,
498:22,501:18,
536:4, 544:22,
544:23
cases [51- 457:3,
459:10,459:11,
465:14, 497:23
cassette (1)- 508:9
CAT[3]- 428:17,
428:18,428:22
causing [1]- 481:12
Center[2]- 469:13,
508:3
centimeter [11509:16
centimeters [4]508:8,508:17,
509:1,509:15
certain [8]- 438: 15,
468:1,469:17,
483:2,493:14,
504:19,505:5,
516:12
certainly [3]- 478:9,
478:11,513:4
certainty [12]" 472: 13,
473:19, 476:4,
4n:8,477:18,
478:8, 479:6, 483:8,
483:10,491:4,
492:25, 494:6
certification (1)463:2
certified (9) - 424:5,
424:10,424:11,
424:12,428:15,
462:24,463:7,
463:13,502:24
certify (1)- 463:11
cervical [2)- 469:21,
472:16
chair [3]- 459:4,
476:15,503:22
change [11-505:14
changes [8]- 490:19,
490:24, 504:4,
504:6, 504:22,
505:7,522:13,
540:11
changing [1]- 543:5
characterization [1)529:5
characterized [2)539:9, 540:8
characterizing [11539:14
charge [41-427:7,
432:21,466:16,
496:3
charging [1)- 467:4
check [4]- 432:8,
450:2, 450:3, 450:6
checked [1]- 441:5
checks (1)- 449:25
chest (2]- 484: 1,
543:4
Chiropractic (1)469:15
chlropractor[1]527:4
choice (1)- 502:11
CIte[1]- 457:3
cited [5)- 457:4,
457:6, 457: 11,
458:7,459:10
City (6)- 460: 10,
464:24, 465:2,
468:24,495:12,
502:25
CML (1)- 423:2
claim (2)- 456:7,
4n:1
claimed (1)- 482:18
claiming (1]- 498:22
claims (3)- 456:7,
456:14,456:15
clear (2)- 473:16,
535:14
clearly 13]- 490: 17,
490:24, 490:25
clerk (2)- 429:8,
460:13
CLERK[4]- 429:9,
429:15,460:14,
460:20
clicking [11- 517:1
client [1]" 535:5
climb [2)- 442:9,
442:11
close (2J- 452: 14,
497:21
closed (2J- 434:7,
518:9
closer [2]- 445:25,
447:3
co [1]- 455:5
co-workers [1)- 455:5
Cohen (1)- 466:22
COHEN [11- 423:19
collateral [3]- 424:12,
424:13,425:2
collected [1]- 534:3
collecting (1)- 534:5
College (1)- 461:15
colloquy (3)- 499:21,
534:9,534:11
color (1)- 500:15
combination [11540:11
comfortably (2)476:24,541:13
coming [6]- 496:16,
498:20,501:16,
528:1, 533:4, 533:8
command (4)444:25, 445:4,
447:5,447:11
comment (1]- 539:1
commentary (2]504:25,512:18
common [1]- 517:18
companies (1)432:18
company (22)426:13,426:14,
430:13,430:15,
431:5,431:7,431:8,
432:9, 432:23,
433:12,434:20,
435:15,435:17,
437:25, 439:2,
439:4, 439:22,
439:25,441:10,
448:11,448:12,
453:25
compare [3]- 473:8,
478:3,493:14
compared (2]492:25, 544:3
comparing [3]- 474:6,
493:25
complain [1J- 479:18
complained (I) 531:23
complains (1)479:15
complaint (11)479:12,479:14,
479:16,479:18,
479:20, 480: 11,
481:2,518:3,520:5,
540:8,540:18
complaints [10]437:13,437:18.
470:24,471:2,
471 :7, 479:23,
520:6, 520:9,
4
Header
533:21,538:16
complete 12]- 441 :11,
462:5
Complete (1)- 469:14
completely [4]454:1, 455:10,
455:16,471:4
completes [1]486:11
complicated (1)512:16
computer[4]- 448:3,
448:4,448:7,448:15
conclude [2)- 457: 1,
459:5
concluded [2]451 :25, 544: 19
conclusion [1)528:23
Concorde [1)- 457:5
Concourse [1]423:10
concrete [2]- 443: 11,
443:13
Concrete [1]- 431:8
condition [8] • 457:20,
481:6,481:15,
514:20, 515:22,
518:18,528:3,
540:19
conditions [2)- 441 :2,
441:4
COnduct[2]- 502:16,
509:21
conducted (3) 428:23,466:11,
501:4
conduction [9]522:21,523:13,
524:14, 524:19.
524:23, 525:3,
526:8,526:9,531:12
conductions [1)522:14
conference (1)- 427:7
conform [6] - 509: 1,
535:14.535:18,
535:21,536:7,
536:12
confused [1}-537:2
confusion [1]- 488:19
consideration [2]540:24, 541:2
consistent [12)512:2,512:6,
525:18,526:8,
528:24,531:12,
531:13,531:14,
531:16,531:17,
532:1,536:18
consists (1)- 508:6
constriction [1]539:3
consultation [1)508:3
contained [1]- 491: 12
context[2] - 501:21,
526:4
continue [7}- 439:20,
455:14,460:8,
486:18,490:11,
515:22,516:11
continued [4)- 453: 1,
515:23, 515:25,
516:1
CONTINUED[1)490:12
continuing [1]518:23
continuously [1]452:22
contractor [2)- 453:5,
455:13
contradicts [1)480:11
contrary [2]- 459: 13,
532:17
control (1)- 488:5
conversations [1)445:13
copies [21- 448:5,
459:12
copy [3)- 428:15,
455:23, 523:23
corporation [1]430:12
correct[98]- 424:25,
425:1.425:9,
431:17,435:11.
441 :16,443:8,
444:10,444:14,
444:18,445:20,
445:21, 448:4,
448:8,448:13,
448:17,450:10.
450:19,451:2,
451 :5. 451 :8,
456:18,456:19,
468:20,487:12,
495:7,495:12,
495:25, 496:3,
496:7,498:13,
498:22, 501:9,
503:23,504:1,
504:14,504:21,
505:9,505:10,
506:1,506:11,
506:14,506:24,
507:3,507:18,
509:3,510:1,
510:12,511:23,
512:9,512:20,
512:22,512:25,
513:6,513:16,
514:16, 514:20,
514:23, 515:7,
515:23,516:1,
516:12,516:16,
516:22,517:10,
517:24,518:1,
518:16,519:2,
519:7,519:19,
520:2,520:12,
521:7,521:14,
521:16,521:18,
522:16,522:18,
522:23, 525:4,
526:14, 526:22,
527:2, 527:23,
528:3, 532:2, 533:5,
533:13,533:17,
533:22, 537:8,
540:22,541:11,
542:7,544:5,544:10
corrections [3)446:8,446:10,
446:12
corroborate [1]520:9
cost (1]-489:24
counsel [14]- 433:6,
438:20,453:1,
453:20, 454:9,
456:4, 456:6,
456:18,459:24,
464:20, 507:6,
514:10,529:3,
534:10
COUNTY[1]-423:2
couple [2] - 444:8,
459:12
course [13J- 448:6,
453:24,462:16,
473:8,474:23,
511:20, 511 :23,
527:18,530:14,
533:18,538:24,
540:25,541:3
Court[13]- 423:23,
438:20,454:18,
455:23, 456:23,
456:24, 457:9,
457:14,458:8,
459:12,459:24,
464:19,509:14
COURT [156)- 423: 1,
424:7,424:16,
424:23, 425:6,
425:10,425:17,
425:21,426:3,
426:6, 426:9,
426:20, 426:24,
427:5, 427:9,
427:12,427:15,
429:1,429:9,
429:15,429:21,
430:10,433:8,
435:3,435:10,
436:13,436:15,
436:25, 437:15,
437:17,438:3,
438:9, 438:11,
438:18,439:8,
439:10,439:13,
439:19,439:21,
440:6, 440:9,
440:18,440:21,
440:24,441:2,
441:6,441:25,
442:5,443:17,
447:9,447:20,
448:21, 448:24,
449:14,451:23,
452:2, 452:8,
452:11,456:1,
459:8,459:15,
459:22, 459:25,
460:3, 460:6,
460:14,460:20,
460:25,461:2,
464:22, 465:4,
465:7,467:20,
470:11,470:14,
476:17,484:22,
485:24, 486:2,
486:17,486:19,
486:23, 487:1,
487:5,487:18,
488:4, 488:18,
488:22, 489:6,
490:1,490:3,490:5,
490:8, 490:11,
492:13,494:25,
495:17,496:15,
498:5, 498:24,
499:2, 499:8,
499:11,499:14,
499:20, 500:3,
500:16,500:18,
502:8,502:13,
502:20, 503:2,
503:7,503:13,
503:25,504:10,
504:16,504:25,
505:17,507:10,
508:19,508:21,
509:6,509:17,
509:20, 510:14,
511:3, 512:12,
512:18,513:15,
514:10,519:21,
520:19,520:22,
522:5, 523:5,
523:18,524:11,
526:16, 529:19,
530:13,530:21,
530:25, 532:5,
532:12,533:10,
534:11, 537:4,
539:1, 542:2,
543:13,543:16,
544:18,544:21,
545:3, 545:6
court[21]- 466:22,
467:1,467:4,468:1,
468:4, 486:25,
487:4, 489:3, 495:6,
495:18,496:3,
496:10,496:16,
496:19,497:15,
497:23, 498:21,
499:22,500:15,
527:17,545:5
Court's (1)- 456:3
courtroom [15]427:13,427:19,
429:7,452:1,
452:10,458:19,
460:4, 460:12,
486:25, 487:4,
490:7, 490:9, 542:4,
544:20, 545:5
courtrooms [2)464:24,498:16
courts [1]- 495: 12
covers [1]- 443:2
CraCk[3]- 538:12,
538:15
cracked (1)- 513:23
CRANE [1)-461:4
crane [4)- 433: 17,
461 :9, 492:6, 495:4
Crane[5J.425:19,
460:10,460:23,
465:2
credible (2)- 531:4,
537:6
crepitus [16)- 516:22,
516:23,516:24,
516:25,517:5,
517:6, 517:7,
537:12,537:13,
537:16,537:24,
538:2, 538:14,
538:19,538:21
CROSS [1]- 495:2
cross (8) - 426:18,
426:19,433:5,
488:2, 488:20,
488:23, 489:2,
495:25
.,
1\.
5
Header
CTs (I) - 470:3
Cure(3l- 514:22,
514:25,515:1
current [2]• 471 :14,
481:22
curvature (1]- 529:22
customer [1)- 451:9
0
dally [IJ- 478:6
damage (6)- 512:9,
513:4,513:6,513:9,
514:15,538:22
damaged (6J- 482:23,
512:25,513:2,
515:14,515:15,
517:13
date [10)- 432:3,
450:17,464:5,
468:10,468:14,
471: 18, 485: 16,
524:2, 529:2
days (6)- 437:3,
437:6,437:12,
450:1,450:24
deal (2J- 430:23,
526:2
deaIS[I)- 462:13
dealt(I)- 489:1
debrided (1)- 518:13
decalcification (I) 508:9
decision [1)- 459:18
decreased (4)- 535:8,
535:16, 535:20,
536:6
defect/ve (2]- 455:8
defend (IJ- 464:21
defendant (10]425:20, 453:23,
454:3, 457:3,
458:24,498:18,
498:20, 500:9,
503:10,509:2
Defendanfs[IJ 492:10
defendanfs (4)452:17,459:14,
464:21, 499:23
Defendant(s) [1)423:8
defendants [16]452:21,453:13,
454:7,456:25,
457:16,458:25,
460:9,465:14,
465:18,465:23,
497:23,498:13,
502:11,502:17,
516:5
Defendants (IJ423:19
defendants' [3J452:20, 452:23,
453:1
defense (10)- 425: 11,
429:1, 429:4,
453:20, 454:8,
454:9,457:14,
496:7,499:17,536:5
Defense (IJ- 429:23
defer [1)- 529:13
deficit]l) - 531 :15
definition (1)- 454:14
defonnlty [6J- 490:20,
506:9, 506:10,
506:12,509:24
degree[13]- 472:12,
473:18,476:3,
477:5,477:7,
477:18,478:7,
479:5, 483:8, 483:9,
491 :3, 492:24, 494:5
degrees [29)- 472:17,
472:18,473:3,
473:21, 473:22,
475:3,475:4, 475:7,
475:8,475:12,
475:15,475:22,
475:24,476:10,
477:9, 479:25,
480: 1, 480:6,
519:19,519:22,
541:10,542:9,
542:10,542:14,
542:17,542:20,
543:3
delay [1]- 427:17
delays (1]- 427:20
demonstrated [1J474:25
denervatlon (3)525:8, 525:25,
526:11
denied [1)- 454:11
department[ll455:18
deposition (14J443:25, 444: 1,
444:3, 444:4, 445:6,
445:19,446:7,
446:9, 446:15,
447:16,457:24,
458:19,478:19
describe [6]- 432: 14,
434:11, 462:8,
471:23,480:12,
508:5
described (5J- 476:1,
478:18,492:21,
494:7,510:17
describing 13J474:16, 509:23,
534:22
description (1)- 508:5
determination (1)425:3
determining [IJ506:5
develops [1)- 515:21
device [4)- 453:22,
454:4,458:9,458:14
devices (8J- 452:23,
453:10,453:14,
453:16,453:24,
455:4, 455:12,458:6
diagnosis [4)462:13,540:5,
540:6, 540:22
Diagnostic (4]428:18,428:21,
469:12,469:14
diagnostic (3)522:11, 523:6,
525:24
dlagnostlcal [1)522:23
dictate[IJ - 501:5
dictated [4)- 486:12,
509:22,533:18,
533:22
dictating [1]- 533:13
differ [1)- 488:9
difference (4)- 473:4,
479:12,527:14,
527:18
different (16)-426: 10,
462:1, 476:12,
480:8, 487:11,
500:25,524:15,
524:19,524:21,
541:14,541:15,
543:9, 543:19,
544:1,544:9,544:11
differential (2)540:22, 541:20
difficult [IJ- 523:1
difficulty (1]- 480: 10
digiti [2J- 525:8,
525:12
dlgltorum [2J- 525:9,
525:15
digits 11)-535:13
dlllgent(I)- 519:1
diplomate [1)- 463:12
dire (1)- 485:21
direct (8)- 433:4,
436:24, 456:23,
457:15,499:10,
520:16,520:23,
521:23
DIRECT [4)- 429:25,
443:19,461:7,
490:12
directed (7)- 438:21,
452:15,452:19,
452:20, 453:21,
454:5, 455:23
direction (3J- 473:2,
474:1,542:10
directly [1)- 473:21
dlrector[I)- 463:7
directs [1J- 436:3
disagree (6)- 511 :20,
523:16,523:19,
523:20,536:10,
538:9
discomfort [1}476:24
discuss [8J- 425:4,
452:4, 452:5, 472:2,
486:20, 486:21,
544:22, 544:23
discussed [I) 492:12
discussion (5]438:19,442:6,
459:23,470:12,
485:25
dlsk[I]- 428:17
dislocation (1)517:17
dismiss (3)- 456:7,
456:14,457:16
dismissing (IJ458:24
disorders [1)- 462: 14
displace [IJ- 513:20
displaced (9)513:16,513:21,
513:22,514:4,
514:6, 514:14,
515:16,515:17,
517:4
displacement [1J513:23
disregard [1]- 499:21
distally [1J- 535:10
distribution [5]481:23,531:15,
532:14,534:22,
536:13
dOC!IJ- 517:16
Doctor[39]- 460:25,
462:25,476:4,
481:18,483:8,
483:21,484:12,
485:5.491:13,
492:17,493:9,
494:24, 498:3,
499:23,500:19,
502:3, 504:23,
505:20,506:13,
506:23, 507:5,
508:18,509:21,
512:1,513:20,
520:7,522:10,
523:13,523:19,
528:9, 533:2, 533:8,
534:3, 535:23,
536:10,537:7,
541:14,544:16,
544:18
doctor(30}- 479:19,
484:25, 485:22,
487:1, 487:8,
487:19,488:1,
488:6, 488:24,
489:1,489:13,
490:3,490:14,
492:1,496:13,
498:6,499:15,
502: 10, 507:9,
507:15,508:21,
508:22, 526:22,
528:6,530:14,
532:10,534:13,
539:2
doctor/patient [1)527:11
doctors (2)- 513:13,
531:20
doctors' (2)- 531:21,
531:22
documents [1]- 428:2
dollars [1)- 450:16
domlnant(3J - 494:20,
494:21,521:11
done (25]- 437:7,
437:13,441:14,
446:25,447:14,
459:17, 463:7,
463:25, 465:22,
475:20,476:7,
476:25,477:21,
477:22, 499:7,
501:14,507:16,
510:6,511:12,
522:21, 534:6,
534:14,534:16,
534:18,544:9
door(2J - 431:15,
442:24
doors [16)- 430:20,
430:23,431:1,
431:4,431:5,
431:12,431:13,
431 :14,431 :15,
432:15,432:16,
6
Header
..,
1\.
441:15,478:24,
478:25,494:18
doubled [1]- 489:24
down [44J- 425:7,
427:10,431:3,
437:22, 437:23,
438:1, 438:4,
446:19,451:23,
458:4, 458:20,
458:21, 459: 11,
459:16,461:25,
472:5,475:22,
481:10,481:23,
482:1, 484:2, 484:3,
487:2,491:14,
491:16,495:15,
507:2,507:10,
507:17,512:17,
516:12,520:22,
525:16,531:23,
533:22,535:10,
539:19,539:25,
540:9,540:15,
542:11,542:14,
543:2,544:18
dozens [3]- 534:7
DR (1]- 461:4
Dr [41J• 425:19,460:9,
460:23,461:9,
465:2,469:12,
470:7,470:8,492:6,
492:14,492:21,
493:1,495:4,503:4,
505:25, 507:22,
510:17,513:8,
518:6,518:8,
524:12,524:15,
524:18,525:25,
526:20, 526:22,
527:2, 528:2,
528:19,529:10.
529:12.530:5,
530:15,531:8.
532:16,532:17,
538:10,539:11,
539:14
drives [1)- 431:15
Drs[3]- 530:15,
537:15,538:6
due [1J- 538:8
duly [3]- 429:23,
461 :5, 461:9
during (3)- 453:5,
462:16,516:21
dutles(2]- 494:17,
494:22
DVD[2J- 425:25,
426:1
E
eamlng [lJ• 450:20
EAST [1]- 423:7
East [4]- 431 :8,'
432:25, 460:24,
468:23
EBT(2]- 478:17,
478:19
edge[l]- 483:25
EDWARD[1]- 461:4
Edward [4]. 425:19,
460:10,460:23,
465:2
efficiently (lJ• 433:19
elght[5]- 437:11,
450:1, 450:16, 508:7
eighty (2]- 542:18,
542:19
elther[6J.425:23,
442:25,451:4,
521:13,522:21,
526:19
elbow[77]- 428:19,
428:22, 469:22,
469:23, 469:24,
469:25,470:1,
470:2, 470:3, 471 :3,
472:23, 474:7,
474:8,474:12,
474:23,474:24,
475:21, 476:2,
477:24,481:9,
481 :25,482:6,
482:7, 482:9,
482:11,485:6,
485:7,485:17,
485:20, 486:3,
486:10,486:12,
487:23, 487:24,
488:15.488:16,
490:16,490:17,
490:25, 491 :4,
493:1.494:9,
494:10,494:13,
494:16,501:22,
503:23, 505:20,
506:3,507:16,
511:6,511:13,
511:14,511:16,
512:8, 512:21,
517:9,517:13,
518:10,519:17,
519:25,520:11,
522:8,525:19,
526:6, 526:9,
526:10,536:22,
537:16,537:25,
538:8, 538:12,
538:13,543:4
elbows [lJ- 474:5
electric [2] • 443:2,
481:22
electrical [1]- 483:2
electricity [lJ- 525:4
electromyography (1]
- 525:7
elevation [2J- 473:2,
473:20
eleven [1]- 425:23
elicited (1)- 538:16
elicits [lJ- 453:23
EMG[16]- 522: 13,
522:20,523:10,
523:13,523:14,
523:24,524:14,
524:19,525:6,
526:2,526:14,
528:6, 528:11,
528:19,528:22
emm (1]- 486:6
employee [1]- 455:1
employees [4]431:16,431:19,
448:6,449:18
employer (1)- 452:17
employment[1j479:7
encompassing [1]452:15
end [4]- 439:10,
440:12,457:12,
520:1
ended [1J- 469:3
entail [1]- 431:11
entailed [1]-431:12
enter(3) - 427:13,
460:4, 490:9
entered [1]- 542:3
entering [4]- 427: 12,
460:3, 490:5, 490:8
entire [8]- 482:18,
532:14, 535:9,
535:11, 535: 12,
535:17,535:20.
536:6
entrapped [1]- 481 :11
equal (2]• 473:25,
509:16
equally [lJ- 475:23
equlpment[9]433:13,433:18,
434:19,434:21,
435:5,435:13,
438:15,444:14,
451:15
error[2]- 459:7.
488:23
escape [1]-453:7
escorted [8] - 429:6,
452:1,460:11,
486:24, 487:3,
490:6, 544:20, 545:4
especially [1]- 453:8
esplnal [2J• 467:8,
528:21
Espinal [421-431 :20,
432:15,432:17,
432:24,433:13,
437:6,437:19,
442:9, 452:24,
464:9, 467:23,
470:16,470:23,
471:21,474:13,
475:1,477:14,
478:14,479:6,
480:13,481:3,
481:15,494:6,
501:25,502:12,
502:18,506:4,
507:16,514:13,
526:25, 527:20,
528:2, 530:6,
530:16,531:19,
531:20,531:22,
535:15,536:22,
540:13,541:25,
542:6
ESPINAL[1]- 423:4
Espinal's [9]- 469: 10,
479:25,482:18,
484:6,485:15,
501:12,517:9,
531:19,541:6
ESQ (2)• 423: 18,
423:21
establish (2)- 440: 17,
458:15
established [1]457:13
estimate (1).441:10
estimating [1J. 441:9
etcetera [1]- 471 :25
evaluation [2]467:17,507:3
evaluations [5]465:25, 466:2,
466:4,466:9, 467:14
event[l]- 458:20
eventually (1)• 517:4
everyday [1) - 437:7
evidence [26]- 424:4,
424:22, 424:24,
427:25,428:1,
448:20, 448:25,
449:3,449:12,
449:14,449:17,
454:23, 454:25,
455:17,456:10,
456:25,459:1,
486:15,487:17,
491 :6, 491 :25,
492:4, 492:6,
492:10,505:13,
524:13
exact (2j- 432:3,
541:18
exactly [lJ- 435:16
exam [14]- 463: 10,
464:8, 469:4,
470:17,470:21,
470:23, 471 :24,
476:13,476:18,
478:15,491:12,
497:2, 497:5, 526:4
examination [49]433:4, 436:24,
463:9,463:11,
464:11,464:12,
466:11,466:12,
466:13,466:20,
468:13,468:22,
468:25, 469:10,
479:3, 479:21,
484:10.488:2,
488:21, 488:23,
489:2, 500:8,
500:12,501:4,
501 :8, 501:12,
502:16,508:25,
509:24,516:21,
520:16,520:23,
521:24.527:12,
527:15,533:2,
533:16,534:20,
535:2, 535:6, 535:7,
536:1,537:7,
537:13,537:23,
537:24,538:14,
541:9,544:4
EXAMINATION(5)429:25,443:19,
461:7,490:12,495:2
examinations [14]465:19.465:21,
467:9,467:12,
496:2, 496:6,
496:22, 500:22,
501:14,534:6,
534:13,536:16,
536:17
examlne[9J - 426:19,
467:7, 477:24,
481 :3,497:14,
502:12,502:25,
516:5
examined [15]425:20, 429:24,
461:6,467:23,
472:1,476:23,
7
Header
489:1,495:25,
501:15,530:19,
530:22,536:16,
537:19, 537:21,
540:13
examines [1)- 479:19
examining [5]471:12,497:22,
498:12,530:16,
535:3
example [7)- 473:10,
477:22.479:15,
479:17,479:24,
481 :25, 483:23
exams(1)- 468:18
except (2]- 471 :17,
520:1
exception [1]- 492:12
exchanged [5)426:21, 426:22,
464:20,503:10,
503:16
excise [1)- 492:22
excised (2)- 492:22,
493:5
excuse (6)- 435:1,
439:12,457:10,
502:7,505:22,
508:18
execute (1)- 432:22
exh)blt[2]- 457:9,
474:20
Exhlblt(10) - 424:21,
428:3, 428:5,
428:14,428:18,
428:22,448:19,
449:2,474:19,
492:10
exhibits [1)- 449:16
exhibits (1)- 456:3
existed (3)- 441:21,
464:3
exists (1)- 527:11
exit (1)• 452:9
exiting (3)- 452:8,
486:23, 545:3
expect (4)- 511:22,
512:8,516:11,
516:12
expedlte[1)- 435:18
expenses (1)- 496:24
experience [3)432:14,432:18,
463:19
experienced [1)455:7
expert(4)- 460:10,
464:23, 465:2,
527:16
experts (1)- 465:9
explain [10)- 430:24,
431:14,461:22,
463:4,479:11,
479:22,481:6,
487:20,489:14
explained (6)- 465:8,
480:1,487:21,
488:1,488:8,529:12
explains [2]- 479:16,
479:20
exposure [1)- 499:24
express [1)- 518:5
extend [1]- 434:7
extending (1)- 535:10
extension [14)433:21, 433:23,
434:2, 434:3, 434:5,
472:6,472:16,
475:7, 475:8,
475:10,476:1,520:2
extent[2]- 455:14,
459:15
extemaI11)- 473:25
extremity [5]- 462:18,
483:23,524:14,
525:7, 526:5
F
F-responses [1)524:25
fabricate 13]- 431 :5,
431:6,441:15
fabricating (2)441:11,478:24
fact(13)- 453:22,
454:21, 454:24,
455:8, 455:9,
455:10,457:2,
474:13,477:16,
482:20,485:16,
521 :25, 532:8
facts (1)- 457:13
failed (3)- 452:23,
453:13,453:14
failing [1]- 455:5
failure (2)- 455:3,
455:4
falr[2] - 489:9, 498:6
faking [3J- 536:22,
536:24, 537:5
fall (3]- 451 :10,
455:12, 517:10
failing [2]- 512:2,
512:7
familiar [5]- 437:22,
442:13,442:16,
443:9, 464:2
familiarity [1)- 443:13
fancy [1]- 481:8
far[9]- 444:13,
451:12,451:18,
458:1, 472:4, 472:5,
472:8, 476:9
fashion (3]- 473:22,
494:16,494:17
fasten [1]- 443:5
fault (1)- 521:2
FAUSTO [1]- 423:4
Fausto [10)- 431 :20,
437:6,437:19,
442:9, 444:16,
447:21, 450:7,
451:13,464:8,506:3
favor(2J - 457:2,
457:15
favorable [1]- 456:25
faVOrlte(1)- 514:7
fee [2]- 466: 18
fees [1]- 466:16
feet [6)- 434:8,
453:19,457:20,
480:14,512:3,512:7
fell [4)- 451 :6, 451 :13,
455:11
felt[4]- 446:8,526:7,
535:11,538:11
few [1]- 468:6
fiberglass (1)- 433:25
field [2]- 441 :9,
489:24
fifteen [2]- 475:15,
538:7
fifty [3J- 469:1,479:2,
543:5
flfty-six [2]- 469: 1,
479:2
figure (1)- 489:20
file[3]- 468:9,491:12,
491 :13
film (2)- 504: 12, 510:4
films(9)- 428:17,
485:10,486:13,
504:3, 504:7,
504:11,504:12,
506:4,516:16
finally (1)- 482:25
findings (19)- 472:11,
472:15,473:18,
476:3, 479:22,
483:7,493:6,501 :5,
509:23, 519:16,
520:8,520:10,
522:11, 524:8,
526:6, 528:4, 528:5,
533:3
fine (1)- 426:18
flnger[8)- 482:1,
482:20, 482:23,
525:16,532:15,
532:16,536:7
fingers [4)- 531 :25,
532:24, 535:21
finish (2)- 447:7,
447:9
finished [3)- 441:18,
441:19,463:6
finn [1J- 539:5
first [23)-429:23,
436:21, 442:23,
443:1, 444:8, 444:9,
456:2,461:5,
462:10,472:1,
472:2, 476:7, 480:5,
481:19,483:14,
485:4,488:10,
502:11,504:1,
516:15,523:23,
532:6
five [15)- 432:2,
447:21,450:1,
450:21,467:14,
472:17,485:6,
485:7, 489:20,
490:1, 508:7,
519:19,538:11,
542:25
fix [1)- 543:4
fixed [1)- 508:5
flash [21-485:14,
486:10
flat (2J- 443: 15,
541:12
f1ex(2)- 475:15,
483:24
flexed (4)- 475:11,
475:14,476:10
flexibility [1)- 473:5
flexion (9)- 472:6,
472:17,475:11,
476:1,477:9,
479:24, 520:2,
538:13,541:4
flexor [2]- 525:9,
525:15
flexors (1)- 483:24
floor (2)- 423:20,
434:18
flow(1)- 526:10
flush (1)- 443:15
focusing (2)- 464: 12,
467:16
follow [2J- 442: 19,
538:10
follow-up(1]- 538:10
following (3)- 428: 1,
457:17,509:23
follows (2)- 429:24,
461:6
foot [2]- 434: 1, 434:7
Force (1)- 462:22
force[11- 512:7
foreann [7)- 474:23,
475:20,520:14,
521: 11, 522:6,
532:21,535:10
forgetting [1)- 505:7
fonn [15]- 433:5,
438:2, 441 :25,
453:17,500:1,
505:15,505:17,
509:4,509:7,511:1,
512:10,522:3,
530:20, 530:21,
532:3
fonnalln (1)- 508:6
fonner(1)- 479:6
fonns [1)- 449:6
forth 16]- 462:3,
462:15,466:7,
480:21,482:9,517:2
fortunate [1]- 536: 15
forty [7)- 446:16,
449:18,450:3,
463:24,472:17,
519:19,542:25
forty-five 13]- 472: 17,
519:19,542:25
forty-seven [1)446:16
forward (10)- 472:5,
473:2, 473:20,
476:9, 477:2, 480:6,
517:18,541:4,
541:16,541:21
foundation (5)435:7,435:8,
435:11,487:7,
487:16
four (2)- 437:5,
462:10
fourteen [3]- 453:19,
512:2,512:7
fracture [25]- 462:17,
490:21, 491 :8,
506:9,511:17,
511:19,512:19,
512:22, 513:16,
513:22,514:14,
515:16,517:4,
517:14,517:17,
517:18,517:19,
517:21,521:17,
521 :20, 522:7
fragments [2]- 508:6,
513:18
Frank (3)- 429:4,
429:18,430:8
FRANK (1J- 429:22
front (9)- 424:8,
8
Header
454:2, 457:24,
482:6,488:21,
488:25, 503:22,
507:7, 544:8
full (12)- 426:22,
430:6, 434:20,
437:8, 464:8,
464:11,464:12,
473:20, 475:8,
494:6,494:13,
517:23
full-time [1)- 437:8
fully [3]- 509:25,
510:4,510:7
fun [1)- 444:7
function (3]- 481 :12,
494:14,519:25
functionality
[lJ -
461:16
Grand (1]- 423:10
great [3)- 465:22,
526:2,527:10
greens [1)- 489:24
grinding
[1]- 517:1
grip (1)- 434:18
gripping 11]- 434:13
grips 11]- 434:14
grooV811]-481:10
gross (2)- 450:3,
508:5
ground [2)- 434:14,
453:19
grounds
(2]- 454:12,
guess [1]- 451:9
guessing [I] - 488:13
G
gap (3]- 514:3, 514:4
Garcia (2)- 435:25,
guide [I] - 442:23
gulcles (2)- 443: 1,
443:3
guy (2)- 426:19,427:1
444:17
guys (1)- 534:5
GARY (1)- 423:21
..,"
graduate [2)- 461: 14,
455:20
494:8
gastrocsoleus
[1)- 542:25
gradually
[1)-
H
480:20
gastroenterology
(I) -
462:2
gate [2)- 442:15,
442:17
gateS(3]- 478:13,
494:18
gauge [I] - 484:5
general (5)- 434:24,
450:4, 453:5,
455:13, 514:14
generally [3]- 430:24,
438:22,479:11
generate(2]- 500:13.
501:8
generated (2)-
507:18, 507:21
generates [1] - 496:23
gentlemen [3]• 452:2,
486:19.544:21
gently [1]- 493:10
given [6)- 432:21,
435:17,463:9,
469:20, 497: 18,
511:22
GLASER [lJ - 423:16
Glaser (1)- 470:20
globally(l]535:10
God[l]- 429:13
gonna [7]- 424:6,
432:2,445:18,
446:2,447:16,
484:23,485:1
half (5)- 449:21,
450:21, 506:20,
532:15,538:20
halfway (1)- 475:12
hallway [1)- 449:5
hammer[l]493:10
hand [23]- 429:10,
433:17,451 :18,
460:15,462:18,
469:23, 469:24,
473:24,481:11,
482:1,482:11,
483:1, 483:3, 484:3.
494:20,525:14,
526:6, 526:11.
531:14,531:16,
532:1,532:22,
535:13
handed [1]- 474:20
handwritten
(1)-
504:2
happy (2)- 500:14,
511:8
hard[3)- 427:17,
455:22, 539:4
head [18J- 472:4,
472:7,490:18,
490:21, 491 :5,
492:22, 492:23,
493:5,506:13,
506:20, 508:4,
509:25,510:18,
511:17,512:8,
513:2,517:18,
517:20
healed [1)- 491:7
hear[l]- 439:10
heard (2)- 446:17,
487:5
heavy [1]- 478:24
height[4]- 452:24,
453:9,453:18,512:2
held (10) - 424: 18,
432:11,438:19,
442:6,450:14,
453:20, 459:23,
470:12,485:25,
524:3
help[3]- 429:13,
474:18,524:2
helper [14]- 435:20,
435:22, 435:24,
436:4, 437:20,
444:16,444:23,
446:21,447:11,
454:18,454:20,
455:1,458:1,458:3
helper's [3]- 436: 1,
436:2, 446:23
hiding [1)- 455:15
highlights [1]- 426:23
highly (2)- 484:7,
532:18
Hili (2]- 428: 15, 462:6
himself (7)- 453:3,
454:16,458:16,
458:17,458:18,
458:22, 487:9
hlp (2).483:23,
483:24
hired (3]- 431:7,
432:23, 432:24
history (2)- 471 :9,
471 :11
hold (12)- 442:24,
444:24, 446:21,
447:12,453:12,
454:19,454:22,
455:2. 455:5.
483:25.484:1
holding (I) - 453:17
holds[l)- 442:25
home [1]- 430:8
honest [lJ - 455:17
honestly [2)- 489:7,
489:12
Honor [SlJ~ 424:1,
425:1, 425:9,
425:13,427:6,
427:24, 428:25,
433:11, 434:22,
435:7,436:12,
436:14,437:14,
438:2, 438:8,
438:16,439:18,
439:20,440:16,
441 :23, 442:4,
447:18,448:18,
449:11, 449: 13,
452:13,455:20,
455:25, 459:9,
459:20,461:3,
464:18,465:1,
467:21,470:9,
476:16, 485:21,
486:14,487:6,
491:23,492:7,
499:6, 499:9,
499:16,499:19,
500:2, 507:7, 507:8,
509:13,511:1,
514:12
HONORABLE (1)-
423:13
hope [4)- 427:16,
460:6, 495:22, 531:4
Hospital [6]- 428:4,
428:5, 428:9, 462:6,
469:11,509:10
hospital (7)- 428:7,
428:11,428:12,
466:5, 466:6, 507:1,
507:15
hour[s]- 437:11,
449:18,450:16,
450:22,479:3
hours [4]- 437:9,
442:21,450:1,450:3
Housing [1]- 457:11
humerus [3)- 474:22,
505:8,535:10
hundred (3)- 437: 11,
534:15,534:17
hurt [2]- 471 :4, 480:7
hurting (1]- 476:11
hurts (1]- 477:3
hyperextend
[1]-
474:12
hyperextended
(I] -
475:2
hyperextension
[I) •
475:5
hypothetical
[2]-
465:9, 530:12
I
1A-29 [1]- 423:2
Identification (4)-
448:20, 449: 11,
504:12,504:17
Ignore (1]- 520:6
Immediately
[2)-
451 :9, 451 :11
Impacts [1]- 532:9
Implied [1)- 527:11
Important [1]- 479:21
Impose [1]- 453:2
Impossible
[1]-
454:14
Inaccurate [1]-
537:18
Inappropriate
[I] -
511:2
Inches (2]- 509: 15,
509:16
Incident [5)- 431 :25,
437:12,440:25,
441:21,441:22
Incision [1]- 510:17
Include (3]- 466:13,
516:15,535:11
Includes [2]• 464:5,
466:18
Including (4)- 459:11,
464:9, 464:24,
535:13
Income [5)- 466:8,
466:9, 496:23,
496:25,498:11
inconsistent
(7)•
477:1,510:10,
528:4,531:8,
531:10,538:6,541:8
Incorporated
[I] -
430:14
Incorrect [6J- 487: 13,
487:14,487:21,
507:23, 508: 11,
530:9
increasing
(1]-
538:11
Incurred[l]Indelegable
511:16
[1]-
453:6
Independent
(6) -
,439:18,444:12,
452:6, 487:9,
501:11,544:24
Index[l]- 423:4
Index[l]- 525:16
Indlcated[l)478:10
Indicates [1)- 494:2
Indicating (8)- 472:6,
473:23, 475:5,
475:13,476:19,
476:21, 477:6,
525:13
Indicating [3/- 474:1,
476:14, 526:10
Indication [3)- 483:5,
511:16,511:17
9
Header
Indicative (2) 537:10,540:19
Indlvlc:lual(1)- 501:21
Industries (3)•
429:19,430:14,
436:7
Industry(4)- 436:10,
436:17,436:19,
450:8
Inflamed 14] • 481: 11,
481 :20, 482:4, 483:5
Injured (101-464:13,
473:7,474:7,475:7,
475:11,475:13,
475:17,475:23,
484:4,521:10
Injuries (3)- 462:14,
498:21, 501 :22
Injury [28] - 465: 15,
473: 11, 499:25,
501:18,501:19,
501:20, 501 :21,
501:24, 501:25,
511:22,512:1,
512:2,512:6,517:7,
517:9,517:10,
517:15,521:14,
521:15,521:16,
521:18,522:11,
531:11,532:1,
532:8,537:10,
539:13,539:16
innervated (1]532:22
Inqulre(3]- 443:17,
461 :2, 494:25
Inside (5) • 443:7,
443:8, 443:9, 443:11
Install (7]- 430:19,
431:6,442:14,
442:16,442:23,
442:25, 443:7
Installation [4) 431:4,431:24,
433:1,442:9
Installer(s]- 432:19,
435:15,439:4,
439:23, 494: 18
installers [1]- 440: 1
Installing (4)- 432: 15,
443:3,478:13,
478:25
Instance (I)- 480:13
Instances (2)446:25,447:14
Instruct (1]- 440: 11
Instructed(I)- 446:19
Instructions (I] •
465:10
Intact[3J - 510:1,
510:4,510:7
Intellectually (1] •
455:17
Interesting (1]- 462:3
Internal [lJ- 473:23
Internship (2)•
461:20,461:23
Interpretation (2]526:3, 526:21
Interpreter (31470:16,470:19,
476:25
Interrupt[lJ - 433:10
Intra (21- 512:19,
512:22
(ntra-articular (1)512:22
Intra-artlcularly (1)512:19
Intraartlcular (1] 517:20
Intrinsic (21- 483:4,
532:22
(nvoluntarlly [1] 528:25
Involuntary (5] 528:14, 528:24,
529: 1, 529:6, 539:3
Involved [1]- 534:7
Iron (2)- 478:12,
494:18
Irrelevant(3) - 454: 1,
454:21,455:10
Irritated (I) - 481 :20
Irritation (11 - 515:7
Issue [7]- 434:24,
456:23, 457:3,
458:7, 458:12,
459:3, 502:25
Issued (3)- 503:9,
535:6, 536:4
Issues (1]- 458:4
Itch [11-479:18
item (11- 492:9
Items (4)- 424:20,
425:7,449:1,449:15
J
January [21- 469:25,
470:3
jerk 12]- 493: 13
job (57]- 431 :9,
431:11,431:12,
431:22,431:23,
432:21, 432:22,
432:23, 432:24,
433:12,433:13,
433:19,433:20,
433:21, 434:23,
435:5, 435:9,
435:13,435:18,
435:19,435:20,
436:1, 436:2, 436:5,
436:6,436:7,436:8,
436:18,436:20,
436:21,437:3,
437:8, 438:21,
438:24, 439:5,
440:3,440:13,
440:14,440:22,
441:3,441:4,441:5,
441:7,441:13,
441:18,442:14,
443:6,443:10,
444:10,444:15,
446:23,447:13,
452:22,454:19,
463:7,463:8,478:15
jobs (5) - 431 :23,
444:23,445:1,
445:2, 445:3
joint[20]- 474:24,
494:14, 501:23,
512:8,512:19,
512:21,512:24,
514:15,515:14,
515:15,515:17,
516:10,516:18,
517:1,517:4.517:5,
518:13,520:11,
538:22
jointed 111-474:11
Joints (2]- 462:15,
473:5
judge [4) - 433:4,
484:20,499:13,
499:14
Judge (321-425:14,
426:23, 429:3,
435:1, 436:23,
439:12,440:7,
440:20, 447:8,
451 :21, 451:22,
457:11, 457:22,
465:6,486:18,
488:14, 489:25,
491:9,496:14,
498:4, 498:23,
512:11,520:18,
522:4, 523:3,
524:10,529:17,
530:11,530:12,
535:24,542:1,
544:17
judgement [2]457:15,458:24
judicial (3)- 464:19,
509:14,509:17
June (4)- 446:1,
468:17,469:21,
469:22
jurors [7)- 427:13,
452:9, 460:4,
486:23, 486:24,
490:9, 536:9
jury [49J- 424:9,
425:7,427:10,
427:12,430:24,
440:12,444:13,
452:8, 454:2,
454:18,457:25,
459:2, 459:3, 459:5,
459:7, 460:3,
461:22,462:8,
463:4,474:17,
480:1, 488:21,
488:25, 490:4,
490:8,491 :15,
492:2, 492:3,
495:23, 499:20,
503:22, 508:23,
508:25,510:5,
510:23, 511 :7,
511:13, 528:1,
529:12,530:6,
530:22,531:1,
531:3,531:4,535:2,
541 :8, 544:9, 545:3,
545:4
Justice [2] - 423: 14,
454:11
K
Kaplan (7)- 469:12,
470:8, 527:2,
530:15,532:16,
537:16,538:7
keep [5]- 448:5,
452:6, 477:24,
486:22, 544:24
keeping [21- 424:3,
478:1
kept[2]- 448:11,
476:8
keY[l]-458:17
Khrone(16]- 469:12,
492:14,492:21,
493:1, 505:25,
510:17,513:8,
518:6,518:8,527:2,
530:15,531:8,
532:17,537:15,
538:6,538:10
Khrone'S(ll- 507:22
kind (5)- 430:17,
432:6, 450:8,
483:22, 511 :21
kinds 11)- 522:16
knee (5)- 484:1,
484:3, 493:7,
493:11,493:13
knees (1)-476:8
knock (2) - 502:8,
511:3
knowledge (5] 435:9, 436:9,
441:20,442:2,
449:24
known (6]- 461:19,
481:6,481:15,
535: 18, 535:21,
536:7
knuckle(lJ - 433:17
Krone (1)• 470:8
KUHN(1]- 423:19
Kuhn [1]- 466:22
L
lab (6)- 428:6, 428:9,
507:3,507:18,
507:21
label (3)• 504:1,
505:3, 505:5
labor [3]-452:21,
459:1,459:16
Labor [4]• 453:3,
453:4, 456:9, 456:11
lack (2]- 494:2.
536:24
lacking (2)- 475:9,
475:15
ladder (35)- 433:20,
434:13,434:18,
438:4, 438:5,
440:14,441:22,
442:3, 443:4,
443:14,444:24,
446:20, 446:22,
447:12,451:13,
451:17,453:11,
453:17,454:19,
454:22, 455:2,
455:4, 455:6, 455:8,
455:9,455:10,
455:11,457:18,
457:19,457:21,
457:23, 457:25,
458:3, 458:21
ladders (16)- 433:17,
433:21, 433:22,
433:23, 434:2.
434:3, 434:4, 434:5,
434:6. 437:25,
438:1, 442:9,
442:11.444:19
ladles (31-452:2,
486:19, 544:21
10
Header
laid (3)- 435:8,
435:10,487:16
last (12)-437:5,
450:17,452:16,
459:12,468:6,
495:19,495:21,
496:19,531:25,
534:14,534:19,
539:1
late [1)- 463:18
latencies [1]- 525:2
latency (1)- 524:24
Law (4) - 453:3, 453:4,
456:9, 456:11
law [7]- 440:11,
454:10,455:18,
455:22, 457:8,
459:10,459:16
Lawrence (1)- 457:4
laws (2)- 452:21,
459:2
lawsuit (2)- 456:8,
464:21
lawyer [1)- 444:5
lay (1)- 487:7
lead [13)- 432:19,
432:20, 433:2,
433:3, 436:2, 436:4,
436:5, 439:23,
444:25, 445:4,
447:5,447:11,
447:12
leading [6)- 432: 18,
433:5, 433:8,
436:23, 436:25,
457:10
leads(1]- 488:16
least (3) - 427:18,
453:11,498:17
left[34J- 471:6,472:7,
472:18,473:11,
473:12,474:8,
475:2,487:12,
487:15,490:14,
494:16,494:20,
504:13,504:14,
504:20, 505:3,
505:9, 505:24,
511:13,531:24,
535:9,535:12,
535:17, 536:6,
536:24, 537:3,
537:9, 542:20,
542:23, 542:24,
543:2, 543:4, 543:5,
544:12
leg (10)- 471 :6,
480:25,493:17,
494:2, 521 :5,
535:17,539:19,
539:25,540:12,
540:15
legal (2)- 465:5, 467:8
leg5(10) - 462:15,
476:19,476:20,
480:20,483:19,
484:7,494:1,521:6,
521:24,541:12
LenarlS(1)- 470:20
length (1)- 481 :19
lengths(1)- 527:10
Lenox (2)- 428:15,
462:6
less (3)- 498:9,
513:24,521:14
level (4)- 432:14,
439:4, 473:24,
496:18
liability [3)- 452:17,
455:24, 456:23
licensed [2]- 461 :9,
461:12
L1chbnan (1)- 470:20
LICHTMAN (1)423:16
11ft(2)- 484:3, 538:3
lifting (1)- 473:22
IIght(1)- 456:25
Lillian (1)- 536:1
limited 1')- 538:7
limp [2]- 537:8, 537:9
Lincoln (2]- 428:4,
469:11
line (2)- 446:16, 540:2
lines (3)- 438:6,
438:13,438:25
listed [1)- 450:5
listen [1]- 488:4
listening (1)- 456: 1
lists (1J- 453:10
litigation (2)- 499:24,
534:8
living [1J- 496:21
load [2]- 541 :20,
541:22
location [4]- 431 :9,
432:25, 436:8, 441 :8
look (18)- 432:2,
433:24, 450:2,
450:12,467:18,
476:22, 490: 15,
504:12,505:13,
508:17,510:4,
510:22,511:14,
519:12,520:8,
535:15,540:21,
540:23
looked [9)- 443:9,
491 :11, 504:1,
504:2, 504:3,
510:23,519:4,
530:5, 533:3
looking (8]- 467:23,
489:18,504:11,
505:7, 505:24,
506:4, 523:25,
524:21
looks (1)- 450: 16
10058(4)- 474:11,
482:5,491:6,518:12
lordosis (1)- 530:6
loss (29)- 476: 1,
482:15,515:6,
516:1,518:5,
519:13,519:17,
519:18,519:19,
519:22,520:11,
521:6,525:11,
529:22, 530:6,
531:21,531:23,
532:7,532:8,
532:13,533:25,
534:21,535:14,
536:12,536:24,
537:5,540:11,
540:12
loud [1)- 429: 16
lower [8]- 471 :4,
471 :6,476:11,
507:8, 528:20,
528:21, 529:23,
535:9
Luis (3]- 435:25,
444:17, 535:3
lumbar(16)- 428:16,
469:25, 473:24,
528:6, 528:9,
528:14, 528:16,
529:8, 529:20,
529:22, 530:6,
537:8, 539:11,
539:24, 539:25,
540:1
lunch [1J- 460:7
luncheon [1]- 460:1
M
MABRY [11-423:23
machlne(1)- 485:8
Madonna 12]- 427:23,
487:5
MADONNA [66)423:18,424:1,
424:8,424:13,
425:1, 425:9,
425:13, 426:8,
426:12,426:15,
426:18,427:1,
427:4, 427:6,
427:24, 433:4,
433:10,434:22,
435:7,436:12,
436:23,437:14,
438:2,438:7,
438:10,438:16,
439:6,439:17,
440:4, 440:16,
441 :23, 442:4,
443:18,443:20,
447:18,448:18,
449:10,451:21,
452:13,456:15,
456:19,459:9,
459:20, 465:5,
470:9, 485:21,
486:14,487:6,
487:25, 489:25,
491:23,492:11,
495:1, 495:3, 499:4,
499:6, 499:9,
499:13,499:15,
507:8,509:13,
509:18,529:4,
529:18, 543:18,
544:16
main (2)- 458:7,
458:12
maintained (11448:11
major (3)- 488:23,
501:23,517:19
majority (3)- 465:22,
536:11,536:14
man [15)- 432:19,
432:20, 432:21,
433:2, 433:3, 436:2,
436:4, 436:5,
439:23, 444:25,
445:4, 447:5,
447:11,447:12,
454:25
Manhattan (2)428:21,469:12
manIpulation (1J518:9
manner[1)- 435:18
ManspelzerI1)502:17
manspe)zer's [1J503:4
manual [11-4n:21
manufacture (1)430:19
manufacturing [1J431:24
March [7)- 428:10,
428:19,428:20,
428:23,432:13,
470:3, 470:4
mark (1)- 424:4
marked (15)- 424: 17,
424:21, 424:24,
428:1,448:19,
449:2,449:10,
449:16,456:3,
457:9,474:19,
485:14,486:10,
491:25,492:10
marker(4)- 486:10,
486:13,487:22,
486:8
marking (1)- 487:22
marklngs[3l- 487:11,
487: 13, 487:20
marks (3)- 485:10,
485:13,504:8
mass(1)- 521:7
materials (3)- 469:5,
469:8, 479:4
matter(3)- 455:7,
466:12,4n:16
maximize (1)- 499:3
mean (22)- 432:20,
433:6,434:15,
438:4,438:10,
468:4,478:19,
486:9,498:15,
498:19,510:19,
511:6,513:20,
516:23,517:11,
525:10,528:11,
529:9, 532:9,
540:23, 542:22,
543:10
means (15)- 430:24,
453:7,481:24,
512:24,513:18,
513:21,513:22,
513:23,514:3,
514:4,515:4,
516:25,528:24,
528:25, 529:14
meant[1)- 529:13
measure(3)- 441 :14,
493:24
measured (1]- 508:15
measurements (4) 441:9,493:17,
493:23,509:15
measuring (2)493:25, 508:7
mechanism (1)483:22
Median (2)- 524:23,
524:24
median (1J- 524:25
medical (29]- 460: 10,
461:14,461:16,
462:14,465:2,
11
Header
465:19,466:11,
466:13,467:8,
467:17, 469:5,
469:7,469:11,
471 :9, 471 :11,
472:13,473:19,
476:4, 477:8,
477:18,478:5,
478:8, 479:5. 483:8,
483:9,484:9,491:3,
492:25, 494:5
Medical [5]- 461:15,
469:13,469:14,
508:3
medlcalnegal [12J465:20, 465:21,
465:25, 466:2,
466:3, 466:9,
466:12,467:12,
467:14, 496:5,
496:22, 498:7
medication [1]517:22
medications [2]471:14,471:17
medicine [3]- 462:1,
462:2,462:13
meet{l]- 443:23
memorandum (7] 454:10,455:21,
455:22, 456:3,
456:4, 457:8, 459:10
memory [lJ- 446:4
mention[4J - 425:7,
520:16,520:23,
520:25
mentioned [lJ483:12
mentions [lJ- 458: 14
mere [2J- 453:22,
454:2
merits [lJ- 454:12
met!l]- 495:6
metal [2]- 434:13,
478:24
method (1)- 493:25
metropolitan [lJ464:3
MICHAEL{l)- 423:18
mid [1]-493:25
might [3]- 446:5,
494:3,504:19
mlld[5J-476:1,506:9,
506:12,509:24,
514:8,523:24
mildly (4)- 513:21,
514:6,515:17,520:4
mllllmeter[lJ - 508:16
millimeters (1)- 509:1
mind [5]-452:6,
486:22,491:16,
504:4, 544:25
mlnlml [2]- 525:8,
525:12
minimize [4]- 498:21,
499:24, 502:2
minimum [2]-457:13,
459:3
minor [1]- 513:5
minus [2J• 475:6,
475:17
mlnute[4J.476:16,
476:22, 476:23,
487:2
minutes (5) - 426: 1,
469:1,479:3,
489:20, 490:1
missing [2J- 506:14,
520:11
mistake [12]- 486:7,
488:6, 488:7, 489:4,
503:18,505:13,
507:24,508:13,
508:24,509:9,
510:11,510:12
mlstaken[l]- 443:12
model [4]- 474:14,
474:17,474:22,
475:3
moment(2J - 432:10,
485:22
money [lJ- 498:2
month {7] - 468:7,
495:13,495:15,
495:21,496:11,
497:18,498:16
monthly [lJ- 468:2
months [4J- 445:11,
461:25,462:1,
467:12
morning /13]- 425:24,
426:25, 427:3,
427:4, 427:8,
427:18,429:21,
430:2, 430:3,
443:21, 443:22,
449:6, 545:1
most [5J- 431 :23,
449:20, 450:5,
456:25,459:11,
473:5
motion [51]- 452: 14,
454:11,455:23,
471 :21, 471 :24,
472:9, 472:22,
473:1,473:6,
473:14,474:2,
474:4,474:5,
474:24,475:9,
475:25, 476:2,
476:6, 477:8,
477:10,479:4,
494:7, 494:13,
494:14,515:6,
516:1,517:23,
518:5,518:10,
518:15,518:20,
519:13,519:17,
519:18,519:24,
520:12,531:21,
532:7, 532:8,
538:14,538:15.
541:5,541:15,
541:24,542:6,
543:11.543:15,
543:19,544:3
motions [2J- 425:12,
459:15
motor (3]- 442:25,
443:1, 524:23
move (12)- 424:4,
425:11, 427:25,
438:7,439:6.440:4,
447:18,452:19,
492:5, 499:6, 505:2,
542:20
moved [10] - 448:20,
449:11,455:10,
492:4,492:6,514:1,
514:2,514:5,
542:21, 542:25
movlng[4J - 428:14,
491 :25, 542:24
MR[l54]- 424:1,
424:8, 424: 11,
424:13,424:15,
425:1, 425:4, 425:9,
425:13,425:14,
425:19,425:22,
426:4, 426:8,
426:10,426:12,
426:14,426:15,
426:17,426:18,
426:21,427:1.
427:3, 427:4, 427:6,
427:24, 429:3,
430:1, 433:4,
433:10,434:22,
435:1,435:7,
436:12,436:23,
437:14,438:2,
438:7,438:10,
438:16,439:6,
439:12,439:15,
439:17,440:4,
440:7,440:16,
440:20,441:23,
442:4,443:16,
443:18,443:20,
447:7,447:18,
448:18,448:22,
449:10,449:13,
451 :21,451 :22,
452:13,455:25,
456:2, 456:15,
456:17,456:19,
456:20, 459:9,
459:20, 460:9,
461:3,461:8,
464:18,465:1,
465:5, 470:9,
470:15,484:20,
484:23, 485:21,
486:14,486:18.
487:6,487:19,
487:25.488:1,
488:14, 488:20,
489:5, 489:25,
490:13,491:23,
492:5,492:11,
494:23,495:1,
495:3,495:16,
496:14,498:4,
498:23, 499:1,
499:4, 499:6, 499:9,
499:13,499:15,
500:1,500:17,
502:5,502:15,
502:19,503:6,
503:12,503:24,
504:9,504:15,
505:2,505:15,
507:6, 507:8, 509:4,
509:13,509:18,
510:13,511:1,
512:10,513:14,
514:12,519:20,
520:18,520:20,
521:4, 522:3, 523:3,
523:17,524:10,
526:15,529:2,
529:4,529:17,
529:18, 530:11,
530:20, 530:24,
532:3, 534:9,
535:24, 538:25,
542:1,543:18,
544:16,544:17
MRI(2)- 428: 16,
428:19
multiple (1)- 508:6
muscle (13)- 477:22,
521 :6,525:14,
525:16,528:21,
528:22, 532:23,
533:20, 539:3,
539:4, 540:11
muscles [9] - 483: 1,
483:3, 483:4,
483:24, 526:5,
530:8, 532:22,
532:24
musCUlar[3]- 477:16.
484:7. 532:18
musculature [4]480:20,525:7,
531:17,539:12
must (3)• 457: 1,
458:9, 463:4
myospasm [3]528:9,528:14,529:8
N
name(8)- 429:16,
430:6,430:13,
435:24,460:21,
485:15,485:16
narrowing [lJ- 516:18
nature (1)- 433:9
necessary (4)434:21,435:18,
439:2, 496:23
neck [5]- 471 :5,
472:1,472:2,472:4,
490:21
need [8J- 425:25,
442:19,443:3,
450:12.452:11,
499:20,519:10,
520:8
needed (4)- 433: 18,
446:8,455:1,545:1
needle [4J- 523:24,
524:14, 524:19,
526:2
needs [3J- 440:2,
440:3, 519:25
negative [3]- 482:2,
531:7,533:15
negligence [5]455:5, 456:8,
456:10,456:16,
456:17
Neighborhood (lJ457:11
nerve (53J- 481 :9,
481:11,481:19,
481:20,481:22,
481:23,481:24,
482:3, 482:4, 482:5,
482:7,482:8,482:9,
482:11,482:16,
482:19,482:22,
483:2, 483:5,
483:13,483:17,
494:3,522:12,
522:14,522:21,
523:11,523:13,
524:14,524:19,
524:23. 525:3,
12
Header
..,
1'
.....
...
"
525:4, 525:11,
526:8, 526:9,
ninety {12)- 465:23,
475:12,477:5,
526:10,526:19,
477:9, 480:1,
531:11,531:12,
531:15,531:16,
532:8, 532:9,
532:15,532:22,
536:13,539:18,
541:10,542:14,
542:16,542:20,
539:20, 539:22,
540:2
nerves [1J- 525:1
neurologlc[3]- 526:4,
526:6, 536:20
neurological (3)522:23, 523:6,
536:18
neurologist [5] 522:11, 522: 15,
522:18,522:21,
526:13
neurologists [11522:19
neurology (1] - 462:2
neuropathy (12)481:4,481:7,481:8,
481:16,481:21,
482:5,482:14,
482:25, 483:6,
525:19,525:20,
532:23
never[s).456:9,
458:5,473:10,
502:23, 503:4
NEW[1]- 423:1
Nsw[21) - 423:11,
423:17,423:20,
429:19,430:11,
453:4, 453:5,
455:19,460:10,
460:24,461:10,
461:15,464:3,
464:24, 465:2,
468:24,469:14.
502:25
next (25] - 438:12,
439:14,440:12,
441:6,447:20,
462:11,465:12,
470:14,486:2,
500:18,502:9,
502:13,503:3,
504:10,504:25,
507:14, 508:21,
508:22, 509:8,
513:15,514:10,
514:11, 523:5,
524:11,533:10
nice [2]- 429:16,
500:12
nine [1J- 496:6
497:24,498:11,
543:2
nobodY[1]- 488:24
non (31- 453:6,
513:22, 536:20
non-dlsplaced (1]513:22
non-Indelegable [1)453:6
non-physiologic (1)536:20
none [4)- 494:4,
532:25, 537:20,
540:13
nonetheless [1]517:20
nonnal [30}.472:16,
473:6,474:6,475:1,
475:25,477:8,
477:15,478:9,
482:13,484:4,
484:6,493:15,
494:15,494:16,
494:17,494:18,
522:13,524:24,
524:25,525:1,
525:5,525:11.
526:4, 526:8, 526:9,
526:10.531:12,
531:16,532:18
normally (5) - 473:13,
489:21,493:12,
494:14,519:25
Nos [1]- 424:24
notations [1J• 472:9
note (39)• 439:6,
468:9,492:12,
495:16.498:4,
498:23.499:1,
499:18,500:1,
500:17,502:5,
502:15,502:19.
503:6, 503:12,
503:24,504:15,
505:15,507:6,
509:4,510:13,
512:10,513:14,
519:10,519:20,
520:18,521:4,
522:3, 523:3,
523:17,526:15,
530: 11, 530:20.
530:24,531:21,
532:3, 534:9,
538:25, 542: 1
noted (2]- 484:7,
492:13
notes[6)- 426:17,
426:21,513:8,
524:12,531:20,
531:23
nothing [12)- 426:25,
429:13,451:21,
451:22,457:19,
460: 18, 489:23,
491:7,510:19,
532:7, 544:16,
544:17
notice [3J- 464: 19,
509:14,509:17
noticed (1)- 505:13
November[4].
445:19,446:15,
538:10,538:20
numb(3]- 482:19,
482:21, 482:22
number [3)- 431:16,
453:10,480:18
numbness (1)- 471:7
NY(4]- 457:4, 457:6,
457:12
0
O'clockl7]- 425:19,
425:22, 425:23,
452:3, 452:7,
459:25, 545:2
oath [4)- 445:20,
446:17,457:24,
458:19
object[4J.424:10,
424:11, 437:23,
511:1
objection [65]- 433:5,
434:22, 435:1,
435:4. 435:7,
436:12,436:23,
437:14,438:2,
438:7,438:16,
439:6,439:13,
439:17,440:4,
440:16,441:23,
442:1.442:4,
448:21, 448:22,
449:13,465:4,
465:5, 470:9,
486:14,486:15,
495:16,496:14,
498:4, 498:23,
499:1, 499:4,
499:18,500:1,
500:17, 502:5,
502:15,502:19,
503:6, 503:12,
503:24,504:15,
505:15, 507:6,
509:4,510:13,
512:10,513:14,
514:12,519:20,
520:18,521:4,
522:3, 523:3,
523:17,524:10,
526:15,530:11,
530:20, 530:24,
532:3, 534:9,
538:25,542:1
objective (23)479:12,479:15,
479:19, 479:22,
480:4, 480:7,
480:10,481:1,
481:14,520:8,
522:11,525:19,
526:18,528:2,
528:3,528:10,
528:20, 529:20,
529:23, 539:8,
539:10,539:12,
539:15
obligations (1]440:10
obstetrics [1]• 462:3
obviously (4]•
451:14,488:12,
488:24,489:21
occasion [1)- 499:7
occasionally [11471:4
occasions [1J498:16
occupation [2]•
430:6, 430:7
occur (2) - 436:21.
468:15
occurred {5] - 432: 1,
441:17,468:14,
490:21,506:5
OctOber(4) - 428:17,
467:24,501:15,
535:3
OF [3J- 423: 1. 423:2
Offer{1]- 465:1
offered [2]- 453:25,
456:10
office (141-445:16,
464:7, 466:24,
466:25, 467:7,
468:23, 469:4,
470:6,479:17,
484:17,485:8,
493:1,501:16,535:5
Office (1]- 466:22
OFFICER [7J- 427: 12,
452:8, 460:3,
486:23, 490:5,
490:8, 545:3
officer (3)- 486:25,
487:4, 545:5
often [6]- 468:4,
495:11, 496:2,
496:3, 496:4, 497:7
once (13)- 468:6,
488:5, 495:8, 495:9,
495:13,495:14,
495:20,496:10,
496:19,497:18,
498:16
one [55]- 426:12,
426:19,431:7,
431:19,434:23,
437:3, 437:4,
444:23,445:1,
445:2, 445:3,
445:15,445:17,
451 :4, 453:24,
454:5,454:15,
456:12,457:3,
461:23,473:12,
473:14,478:7,
480:3, 480:4, 480:5,
483:14,487:11,
488:11,488:12,
488:13,492:7,
493:25, 494: 1,
494:3, 497:11.
500:22, 501 :23,
504:14,508:9,
509:15.511:21,
516:20,519:24,
522:15, 523:25,
524:1,524:2.
530:19,530:23,
533:2,534:15.
534:16,540:9
ones [1)- 516:5
open (3]- 452:6,
486:22, 544:24
operating [31- 428:8,
428:12,463:20
operation [1J' 492:19
operative (3)- 491: 19,
492:14,510:10
opinion (11)- 479:5,
479:9, 491 :3,
492:24, 493:4,
494:5, 494: 11,
494:12,509:2,
526:7, 527:16
opinions (2] - 465:9,
483:9
opportunity {2] •
463:9,491:19
oral [1]• 463:10
orange [1).433:25
,:
t:.
13
Header
order[7)- 442:8,
443:6,444:19,
448:15,456:22,
486:11,540:21
ordinary (1)- 448:6
orthopedic (19)462:5, 462:9,
462:12,462:16,
462:20, 462:21,
463:5,463:10,
463:25, 464:2,
464:8, 464:11,
464:12,466:5,
482:24, 501 :23,
502:11,502:24,
536:20
Orthopedic (2)462:25,463:12
orthopedics (1)462:19
orthOpedlSt(lJ 425:20
orthoscopic (1)518:8
otherwise 12]456:13,468:2
outset [1]-456:5
outslde(l]- 487:2
overall[3]- 466:1,
467:11, 484:5
overruled [30]436:13,437:15,
438:3, 438:9,
438:11,439:8,
439:10,439:13,
439:19,495:17,
498:24, 499:2,
502:20, 503:7,
503:13,503:25,
504:16,510:14,
512:12,519:21,
520:19,522:5,
523:18,526:16,
530:13,530:25,
532:5, 542:2
overtime [5)- 449:21,
449:23, 449:24,
450:5, 450:6
own 12]- 458:23,
529:1
owner(3)-430:12,
453:5,455:12
P
p.e [1)- 423:16
p.rn [lJ- 545:9
page(2)- 446:15,
482:15
pald(31- 449:18,
497: 13, 509:2
pain (24)-471 :5,
471:6,472:19,
476:24, 480:9,
515:6,515:25,
516:8,517:22,
518:1, 518:5,
533:21, 535:9,
535:17, 535:20,
536:6, 538:8,
538:16,539:19,
539:25, 540:8,
540:9, 540:14
painful (1)- 520:1
palnless(l)- 474:2
palllatlw[l]- 515:2
palm [31-475:22,
535:13,542:20
palms [3]- 542: 11,
542:14,542:16
paper (11- 524:7
papers [11-511:2
parasplnal [31- 528:9,
528:14,529:8
pardon [1)- 522:17
paren (1)- 456: 12
paresthesia (1)531:23
Park (1)- 423:20
part (22)- 431:16,
431:23,433:12,
433:25,435:19,
441:7,449:8,
449:20, 450:5,
462:12,464:20,
471 :24, 472:21,
474:3,487:24,
501 :19, 506:13,
506:16, 507:2,
507:16,533:18
partlcular(l8] •
432:23, 432:24,
434:23, 435:5,
435:9,435:15,
436:6, 436:7,
436:18,438:21,
438:24, 440: 13,
442:14,443:10,
466:12,467:16,
467:17,491:20
particularly [1)480:20
Particulars [2)- 469:9,
469:10
parts(l)- 512:14
paSS[21- 463:5,
463:11
paSt(4]- 471:9,
471:11,475:13,
477:3
patella (1)- 493: 11
pathological [2J508:2, 508:25
pathology [11- 462:19
patlent(S] - 479:15,
483:25, 526:4,
527:15
patients [7]- 463:20,
498:12,516:4,
516:6,520:6,
527:21,541:1
pattern [6) - 535:14,
535:18,535:22,
535:23, 536:8,
536:18
pause [101-424:18,
427:11 ,.432:~1,
440:8, 450:14,
467:22, 485:3,
491:18,493:21,
524:3
PaUSe[ll- 491:10
pay (3]- 450:24,
496:23, 505:20
paychecks (1]448:19
paying [1)- 450: 11
payroll [4)- 432:7,
448:1,448:7,448:8
peak(ll- 525:1
Pecora [1]-457:4
pediatric [1]- 462:19
pediatrics 12]- 462:3,
462:19
pelvis [1]-469:21
people [15]- 426:16,
436:6, 436:11,
436:18,436:19,
436:20,444:16,
445:16,474:11,
498:12,500:21,
507:12,516:23,
522:20,536:16
per[3J - 450:16,
497:2,501:17
percent [7]-437:11,
465:23, 465:24,
466:3,466:10,
497:24,498:11
percentage [4)465:17,466:1,
466:8, 468:2
perfect(2]- 513:24
perfonn (5)- 436:8,
443:6,464:7,493:6,
494:21
perfonned [4J463:23.476:12.
484:10,492:20
perfonnlng (1)-
494:17
period (11-461 :23
pennlsslon [2]484:23,488:15
person [3)- 444:24,
477:23, 515:23
person's (11- 478:6
personal (11-465:15
personally (11441:19
phrase(2]- 455:16,
481:8
physical (4)- 517:22,
519:14,534:6,
534:20
physician [4]• 461 :9,
461:24,463:15,
522:22
physician's (11479:17
physician/patient (1)526:24
physicians (1)527:21
physiologic (1)536:20
picked [1]- 488:24
picking (1)-436:3
picture [2]- 504:18,
505:24
plctures(3)- 505:7,
505:9, 506:6
piece [11- 482:10
pin (6) - 535:7, 535:8,
535:12,535:16,
535:19, 536:5
pinched [1)- 494:3
pivoting [2]- 434:13,
434:15
pivots [1)- 434:17
place [10]- 440: 14,
441 :22, 442:2,
443:14,453:8,
453:15,458:20,
467:17,468:22,
504:14
Plaintiff [11-461:5
p1alntlff[40]- 425:8,
428:16,428:25,
453:2,453:12,
453:13,453:18.
453:19,454:1,
454:4, 454:13,
454:16,454:20,
454:24, 455:6,
455:9.455:15,
456:7,456:11,
457:17,457:21,
458:1, 458:5, 458:8,
458:10,458:11,
458:12,458:16,
458:17,458:18,
458:22, 464:8,
493:7,498:17,
498:21, 499:3,
534:22, 542:3, 543:7
plaintiff's [71- 428:5,
448:24,449:14,
458:23, 459:6,
499:25,513:13
Plaintlffs(lll424:21, 424:24,
428:3,428:14,
428:18,428:22,
448:19,449:2,
449:11,449:16,
452:14
Plalntiff(s [11-423:5
plaintiffs (9)-465:14,
465:17,465:24,
467:8, 497:14,
497:22,503:10,
534:7, 534:14
Plaintiffs (1)- 423:16
plastic (1]- 474:22
plate [11- 487:10
player (1)- 425:25
plus [2J- 449:21,
497:2
point [13)- 424:1,
427:8,441:13,
454:7,454:8,459:9,
477:3,482:12,
489: 11, 492:5,
508:7,517:23
pointed [11-447:19
poor(2)- 511:19,
511:23
portion [111-441 :7,
441:9,471:23,
490:18,491:5,
491 :8, 493:5,
510:18,510:19,
510:20,511:18
portions [1]- 485:19
position (9]- 459:13,
480:8,480:10,
498:25, 499:23,
513:24,514:1,
541:13
positive [9]- 483:16,
519:16,524:8,
528:6, 530: 15,
531:8,533:4,
533:15,540:12
possible [1)- 540:3
post (11)• 461:16,
490:19,490:24,
504:4, 504:6,
505:14,514:16,
14
Header
514:19,515:18,
515:21, 516:10
post-surglcal (1)490:19
post-traumatic [5]514:16,514:19,
515:18,515:21,
516:10
potential [1]- 501:22
pounds [2)- 538:7,
538:11
power [3]- 433:18,
480:25, 540: 12
practical (1)- 454:12
practice [10]- 439:25,
440:1, 463:8,
463:23, 463:24,
466:5,467:11,
500:21,516:4,516:6
predominantly [1]500:13
prefer[l) - 484:25
preOp[l) - 428:10
preparation [2]466:20,491:12
prepare (1)- 497: 14
prepared [3)- 456: 13,
464:16,464:20
preparing (1)- 464:9
prescribed (1)519:10
present [4]- 464:5,
470:21,506:12,
538:15
presented [lJ - 455:17
president (1)- 430:12
Presiding [1]- 423:14
press (1)- 539:4
pressure [4]- 539: 18,
539:19,539:22,
540:2
pretty (3]- 496:21,
517:10,517:11
prevent[lJ - 494:15
prevented (lJ - 458:7
previously (8)424:20, 449: 1,
449:15, 455:21,
465:8, 492:9,
538:15,538:16
prlce['I- 441:10
prick (8J- 535:7,
535:8,535:12,
535:16,535:19,
536:5
printed 13]- 448:3,
448:4,448:15
problem (8]- 488:5,
488:25, 489:23,
489:24,491:17,
526:18,528:21
problems (1)- 473:9
procedural (1)454:12
procedure [11]428:7,428:9,
428:11,428:13,
439:25,442:13,
442:16,492:21,
503:16,508:4,518:9
procedures [3J428:6,440:1,487:20
proceeded [2)- 456:9,
456:11
proceedings [4J•
424:19,432:12,
450:15,524:4
process 14J- 436:22,
457:1,498:17,
498:19
professional [3]432:17,432:19,
440:2
proffered [2)- 453:20,
458:6
profundus [2]- 525:9,
525:15
progress [1]- 516:11
progressed (2)517:21,518:18
progression (2J538:17,538:22
progressive (2]514:19,515:22
pronated [2J- 475:21,
475:22
pronation [3]- 542:5,
544:3,544:12
pronation!
supination [1]542:8
proof [1J- 501 :6
proper[3] - 457:20,
458:2, 487:7
property 13]- 434:18,
481:13,487:16
protect (1)- 452:24
protection 12]455:12,458:2
proved [1]- 458:25
provide [18]- 433:12,
433:15,433:16,
433:17,433:20,
434:19,435:6,
435:19,435:20,
437:25, 452:23,
453:13,453:14,
453:15,454:2,
455:3,469:4,515:22
provided (16J-
435:13,435:22,
438:25, 439:4,
439:9,439:15,
439:22, 453: 11,
455:12,458:2,
458:3, 458:9,
458:21,459:12,
513:9
provides [1]- 434:20
providing (1)- 453:7
proximate (10J454:13,455:6,
455:16,457:14,
458:10,458:12,
458:22, 458:23,
458:25, 459:6
PUIl(l]- 4n:25
pulling [1]- 530:8
purpose (1)- 425:10
purposes [1]- 445:9
pursuant(l]- 430:4
push (2)- 484:2,
484:3
put (13)• 429:1, 433:6,
434:1,434:18,
443:1,476:19,
482:11,484:21,
484:23,486:13,
490:23, 532:6,
533:21
putting (2]- 473:23,
540:2
Q
qualifications [1]465:6
qualified (1)- 464:23
QUESTION (3J446: 19, 446:23,
446:25
questions (13)- 433:9,
440:19,443:16,
444:5,445:19,
446:14,446:17,
494:24, 495:24,
496:1,496:2,496:4
quite 16)- 474:10,
475:3,489:7,
489:12,495:11,
532:17
quotes [1]- 535:14
R
radial [18]- 490:18,
490:20, 490:21,
491 :5, 492:22,
493:5, 506:13,
506:20, 508:4,
509:25,510:17,
511:17,512:8,
513:2,517:18,
517:20, 524:25
radiation (2)- 539: 19,
540:14
radlculopathy [3J539:17, 540:4,
540:10
radiographs [1]516:16
Radiology [3]428:15,428:21,
469:12
radius [1]- 505:8
rail [1]- 455:2
raise (2J- 429:9,
460:14
raised [2J- 454:7,
454:9
raising 12]- 507:6,
540:12
Ralph [lJ - 429:4
ran [1]- 471:6
range (25)- 471 :20,
471 :24, 472:9,
472:22,473:1,
473:20, 474:4,
474:5,474:24,
475:6, 475:9, 476:2,
476:6,4n:10,
479:4, 494:7,
517:23,541:5,
541:14,541:15,
541:24,542:5,
543:11,543:19,
544:3
rare [4]- 449:22,
449:23, 449:24,
496:20
raSh[l)- 479:19
rational [lJ - 457:1
ray (18)- 486:5, 486:7,
486:11,487:12,
487:13,488:15,
490:16,490:17,
492:19,503:23,
504:7, 504:11,
509:22, 509:24,
509:25,510:22,
511:12,513:8
rayed [lJ - 485:19
rays [35]- 464:9,
469:17,469:20,
469:21, 470:2,
470:5. 484:9,
484:12,484:17,
485:4,485:17,
485:22, 486:3,
486:9,486:15,
486:18,487:8,
487:21.489:18,
490:14,490:15,
490:24,491:2,
491:4,492:1,492:6,
492:25, 497:2,
497:7,497:10,
503:17,506:1,
508:17, 530:5, 537:3
re[l) - 512:15
read [16]- 444: 1,
445:6,445:18,
446:7,446:10,
446:13,446:14,
450:2,478:17,
495:22,496:13,
501 :6, 508:2,
511:12,524:12,
528:2
reading [6)- 445:9,
509:23, 514:8,
529:2,535:1
realize [1]- 488:7
really [7J- 459:16,
479:20,481:8,
492:22,512:13,
518:19,519:12
reason (2]- 454:21,
482:22
reasonable(13)459:2, 459:5,
472:12,473:18,
476:3, 4n:7,
4n:18,478:7,
479:5, 483:8, 483:9,
491 :3, 492:24
receive (lJ- 463:2
received [7J- 424:21,
449:2,449:16,
468:9,470:7,
492:10,508:5
recent (1)- 459: 11
recess [2]- 460: 1,
490:2
recollection [7J435:9,435:12,
439:18,444:12,
447:2, 487:9, 501 :11
record (19)- 424:2,
424:23, 425:5,
428:3, 429:17,
433:7, 438:20,
452:12,459:21,
459:22, 459:24,
460:22,486:1,
488:5, 491 :24,
492:11, 503:2,
509:13,514:12
recorded [1]- 533:12
records (30)- 424:5,
I';:"
15
Header
424:10,424:11,
424:12,428:15,
432:3, 432:4, 432:6,
432:7,448:1,448:5,
448:9, 449:4, 449:8,
450:12,466:13,
466:19,467:19,
469:5,469:7,
469:11, 470:6,
470:7,491:11,
505:13,518:5,
518:24, 519:5,
537:15
445:10,501:16,
501:17,501:18,
501 :19
remembered
445:6
544:24
resected [3]- 490:18,
491 :6, 491:8
[1] -
residency [7) - 462:6,
462:9,462:10,
462:11,462:17,
463:6, 466:6
removed (3)- 510:20,
510:25,511:18
render [1);' 465:9
residuals [1)- 521 :20
revolving
494:18
resist (3) - 477:25,
478:1,484:2
REV (1)- 423:4
rid [1)- 524:8
resistance [1]538:11
right-hand (1)- 532:1
rigid (1) - 539:4
ring (4)- 482: 1,
rendered [1)- 527:21
renew[2)455:23
redaction [4)- 424: 13,
425:2, 448:22,
448:24
renovation
repeat (2)- 506:2,
507:13
redirect[l)-
508:18
repetitive
redundant
[1)- 524:7
rephrase [lJ - 440:20
referred (6J- 424:20,
449:1,449:15,
474:20,492:1,492:9
referring [2]- 437:24,
report [39] - 464:10,
464:16,464:19,
466:14,466:20,
467:23,480:13,
486:12,487:24,
488:14,492:14,
493:1,493:19,
501:3,501:8,
502:25, 503:4,
503:9, 503:14,
504:3,507:18,
507:21, 508:3,
508:25, 509:22,
510:6,510:10,
510:24,511:11,
519:11,519:17,
523:7,526:17,
527:10,533:13,
533:19,533:22,
535:6, 536:4
Reporter [2)- 423:23,
507:11
reflect (1)- 424:23
reflex (2)- 493: 13,
540:11
reflexes [1]- 493:7
refresh (1)- 447:2
refused [1)- 453:22
regain (1) - 518:9
regard [7) - 433:5,
452:17,454:8,
485:22,519:17,
533:25, 541:5
regular[l)- 519:15
rehab (1)- 425:23
Rehabilitation (1]469:13
relates (1)- 430:25
relation (1)- 440:11
reviewed [4)- 487:23,
518:6,518:24,
534:13
remembers [1)489:16
remind (2)- 452:4,
544:22
recovery (3)- 511 :20,
511 :21, 511 :23
465:19
refers (1)- 492:18
reserving [2)- 425: 11,
459:18
467:18,475:16,
479:3,491:19,
492:14,507:21,
523:6
452:19,
resources [1)- 435:14
[1] -
(1) -
453:6
538:12
reports (9]- 491 :20,
501:5,503:15,
513:8, 534:6,
534:21,535:1,
536:11, 536:15
represent [1)- 431:8
relationship [2)526:24, 527: 11
relative (1)- 491 :20
relevant (1)- 456:7
rely (2) - 459: 10,
527:22
relying (2)- 492:3,
527:20
Remain (2] - 429:9,
460:14
remaining (1)- 424:4
reproducing
480:8
remains (2)- 456:21,
538:14
remarks[l)- 519:4
remember(13)435:16,437:5,
444:3, 444:4,
request(2J - 457:9,
464:7
requested [1]- 488:15
required [3)- 427:19,
453:10,478:12
research (2)- 452:6,
representatlve[l)508:8
represented [11540:7
[11-
respect[16)- 427:19,
437:25, 438:24,
456:22, 458:4,
465:25,471:12,
472:12,478:6,
479:25,481:14,
483:7,491:4,
492:18,493:7,494:7
respectfully
456:24
(1) -
respective [3] 427:14,460:5,
490:10
respond [1]- 459:8
response [7) - 454:9,
480:23, 482:2,
535:8, 535:16,
535:20, 536:6
responses (2J524:25, 536:20
responsibilities
(3)440:10,466:5,466:6
responsibility [8] 439:3, 439:23,
453:2,453:7,454:3,
455:15,482:19,
489:8
responsive (1)499:11
rest [5]- 424:6, 425:8,
425:18,455:18,
511:4
rests [11-428:25
result[4J - 507:22,
511:19,526:7,530:7
resumes [2]- 490:7,
543:7
retained (2)- 502: 18,
519:24
return (1)- 479:6
reveal (2)- 524:24,
525:1
revealed (1)- 525:8
review [10)- 465:14,
466:13,466:19,
reviewing [1)- 537: 15
(2)- 478:25,
482:20,532:15,
532:16
453:14,453:16,
453:22, 453:24,
454:4, 455:4, 458:5,
458:6
salaries [1)- 496:24
salerno (1)- 454: 11
Sanchez[l)- 535:3
sat (4)- 476:23,
503:22, 541:9
satisfactory [1]463:7
saving [1)- 425:10
saW(9)- 451:10,
474:14,485:23,
488:10,492:19,
503:4,532:13,
538:10,544:8
rise [6] - 427:12,
452:8, 460:3,
486:23, 490:8, 545:3
road[l)- 516:12
scarp] - 481 :11,
517:7,518:13
ROBERT[l)-
scenes (1)- 426: 10
423:13
roll (5)- 431:1,431 :2,
442:25,443:1
Roiling (2)- 429:18,
436:7
rolling 18)- 430:14,
430:19,430:23,
432:15,442:14,
442:17,478:13,
494:18
room (3)- 428:8,
428:12,537:8
roots [1)- 536:13
rotate (1)- 472:7
rotating (2)- 461 :19,
461:23
rotation [8]- 472:17,
473:23, 473:25,
475:20, 475:25,
538:13
,
rubber[5! - 434:9,
434:12,434:13,
457:20,493:10
run [1]- 427:22
rung [lJ - 434:1
running (1)- 525:4
Rupert (1)- 458:8
S
safe (5) - 435:18,
453:8,453:15,
457:18,458:3
safety [19]- 433: 18,
434:19,434:20,
438:5, 438:6,
438:13,438:25,
439:22,444:14,
452:23, 453: 10,
scan (3)- 428: 17,
428:19,428:22
schedule
scheduled
425:18
[1]-
501:1
[1)-
schooll2J - 461:14,
461:16
se[ll-501:17
seat(4)- 429:15,
460:20, 543:6, 543:7
seated [4)- 427:15,
435:3, 460:6, 490:11
seats (3) - 427:14,
460:5,490:10
second [6] - 440:6,
459:21, 473:24,
493:18,522:6, 544:2
secondly (3) - 482:4,
532:11, 532:13
section (1)- 508:8
Section (1)- 456:16
secure (5) - 444:24,
453:11,455:4,
457:25, 458:21
securing (1)- 453:17
S88(33) - 425:16,
431:1,432:8,438:5,
452:7,474:10,
478:23,479:16,
479:22,481:15,
482:15,487:16,
490:19,490:20,
494:3, 497:9,
500:20,500:21,
500:24, 504:7,
505:14,506:10,
514:13, 516:12,
516:16,516:18,
516:21,535:25,
542:21, 545:2, 545:6
16
Header
sees (1)- S01:23
selected [1]- 525:7
send (4)- 481:22,
507:2,522:19,
539:25
sendS[l]- 539:19
SeniOr[l) - 423:23
sensation [11]482:16,482:20,
531:23,534:1,
535:2, 535:11,
535:12, 536:12,
536:24, 537:5,
540:12
sensational [1)534:21
sense (6)- 482:21,
482:24,526:11,
526:12,536:21
sensory (9)- 524:25,
525:1,531:15,
532:13,535:13,
535:18,535:21,
536:8
sent(2J - 469:17,
S07:17
September (1)469:24
series (1)- 457:6
serve[2J - 462:21,
463:15
service [3)- 430:19,
431:24,448:7
servlces(2]- 466:17,
545:1
Services (1)- 469:14
sessions [11- 519:5
set (2)- 457:21,
SOO:21
setting (1)- 507:1
settings (1]- 495:6
settle (1)- 489:22
seven (1)- 446:16
seventeen (1)- 426:1
seventy [8]- 472:18,
475:22, 475:24,
542:9,542:10,
542:24, 543:5
several [1]- 498:16
shade (1)- 431 :2
shadow [41-484:21,
484:24,490:15,
490:23
shape (1)- 453: 17
Sheldon (1)- 502:17
Sherlyn (1)- 470:20
shlft[l)- 455:14
shifted (3)- 455: 11,
513:24,514:1
shock [2]- 481 :22,
482:1
shoe(2J - 434:12,
434:13
shoes (2)- 434:9,
434:14
SHONELL(l) - 423:23
shook [lJ - 457:23
shop (1)- 441 :11
short (1)- 454:25
shoulder(12]469:23, 469:25,
471 :5, 472:23,
473:1, 473:9,
473:11,473:12,
473:13,474:2,
535:21
shoulders (21473:20, 536:7
ShOW(9]- 458:9,
458:13,485:11,
490:24,491:4,
511:7,511:8,
528:16,538:17
showed (5]- 492:2,
504:3, 509:25,
530:5, 544:9
showing (1]- 426:23
shown (5)- 458:11,
S05:6, 505:8,
505:25, 506:5
shows (121- 454:25,
490:18,491:5,
491 :6, 491 :7,
504:22,513:9,
525:3, 538:18,
538:21
shrink (2)- 483:4,
532:24
shrinkage (1)- 483:1
shrinks (2)- 532:23,
532:24
s1de[30]- 434:12,
473:7,473:14,
473:15,473:22,
473:23, 474:6,
474:7,474:8,
474:13,475:2,
475:3, 475:6, 475:7,
475:9, 475:11,
475:13,475:14,
475:17,478:3,
484:4, 484:5,
484:25, 493:25,
525:14,532:1,540:9
sldebar[4] - 438: 18,
442:5, 485:24,
492:12
sides [9]- 473:25,
474:1,474:25,
475:21, 475:23,
475:24, 478:3,
493:14,542:7
sign (9)- 483:6,
483:11,483:16,
491:6,530:16,
531:7,531:8,533:5,
533:15
signal [2]- 483:2,
483:3
significance [2]478:5,480:17
significant [23]471:11,496:25,
501 :20, S01:22,
501:25,506:16,
506:20,517:3,
518:1,519:7,
519:18,519:23,
521:7,521:21,
521:23, 521 :25,
522:2,522:7,
527:14,540:4,540:6
slgnS[4I- 516:12,
516:15,516:20,
540:10
similar [1)- 541:9
single (1)- 533:2
sit (7)- 444: 13,
476:13,4n:4,
501:11,520:22,
541:10,541:12
site (7)- 432:22,
441 :13,443:6,
444:15,451:3,
452:22, 454: 19
sitting (3)- 476:18,
541:10,541:21
situation [11-489:13
situations [1]- 465:10
six [9]- 431 :12,
453:25,467:14,
467:15,469:1,
479:2, 497:9,
497:12,500:21
sixteen (1)- 495:20
sixty (1]- 543:5
size [1)- 494: 1
slashing [1)- 511:2
slide [1]- 482:9
slides [1]- 482:5
slight (21-490:20,
537:9
slightly [1]- 480:8
sloppy (2)- 489: 10
slow(1) - S07:10
slowing [1)- 495:15
small [8]- 431:13,
451:18,491:5,
491 :8, 493:5,
510:20,511:17,
,
538:12
smarter[1]- 534:6
smooth (1)- 515:15
smoothly (1]- 427:22
soft (3)- 493:10,
517:12,517:14
sole(8]- 430:12,
454:13,455:6,
455:16,457:14,
458:23, 458:25,
459:6
solely (1]- 456:11
solemnly (2]- 429: 11,
460:16
solitary (lJ - 533:2
someone [4]- 478:2,
479:17, 523:23,
540:6
sometimes (7]427:17,471:5,
482:4, 500:6, SOO:7,
536:17,540:20
somewhere (1)498:9
sorry (151- 429:5,
430:16,436:16,
437:2,438:14,
440:7,442:10,
452:22,474:6,
486:6,491:23,
494:10,512:16,
514:2,524:17
sort(21- 512:14,
524:7
sounds (1)- 427:9
SOUrc8[2]- 424:14,
425:2
space (1)- 516:19
spaghetti [1]- 482:10
Spanish (1)- 470:16
spasm [13]- 528:16,
528:21, 528:22,
529:20, 529:23,
530:8, 533:20,
539:2, 539: 11,
539:15,539:24,
539:25, 540:1
speclallst[1]- 425:23
specializing (1)462:12
specific (3]- 435:12,
482:19,483:3
specifically [6]434:23,435:10,
444:15,451:16,
454:24, 527:12
specimen [1]- S08:5
spectrum [1]- 501:22
speech [2]- 435:2,
435:3
speeches (2J- 438:11,
499:20
speed (1)- 525:5
spend (3]- 462:17,
466:1,466:3
spent[2]- 427:18,
466:4
spinal (2]- 539:22,
542:19
Splne(13]- 428:16,
462:15,462:18,
469:22, 469:25,
476:6, 4n:8,
528:17,529:20,
529:22, 530:8,
541:20
splaYS(l]- 481:10
sports (1]- 463: 15
stand (6)- 429:7,
440:9,460:12,
476:8, 488:25,490:7
standard [3]- 436:10,
436:17,482:24
standards (1)- 464:2
standing [3)- 429:9,
460:14,4n:4
standpolnt!l1478:10
start (2]- 4SO:11,
470:23
started (8)- 432:8,
447:24, 450:7,
469:2, 469:3. 534:5,
534:25,535:1
starting (2)- 487:19,
542:11
starts (1)- 487:22
STATE (1)- 423:1
State [4)- 453:4,
453:5,455:19,
461:10
state (4)- 429:16,
460:21,490:15,
531:18
States (1)- 462:22
statute [21-453:9,
458:2
Steel (3)- 429: 18,
430:14,436:7
steel (5)- 430: 19,
430:23,431:1,
431:3,478:13
step [10]- 433:22,
434:1,434:3,
442:22, 442:23,
451:23,470:11,
487:1,544:18
steps [11-442:18
stili (2)- 494:21,
526:14
17
Header
stimulation
(5)-
525:11,535:7,
535:8.535:16,
535:19, 536:5
stimulus [f]- 526:10
stipulate [f) - 426:6
stipulation (3)- 425:2,
456:6.456:13
stood If] - 480:6
stop [7J- 440:18,
499:8, 508:22,
512:18
stopped 12]- 476:10,
542:25
storefronts [f] - 431 :2
straight [7)- 450: 1,
456:16,476:8,
517:18,530:8,
540:12.542:16
straighten [5)- 471 :3,
474:10,477:25,
478:1, 482:7
straightened
[fJ -
482:8
strain [f]- 539:16
streamline [1]-
427:18
STREET [f) - 423:7
Street [4)- 431 :8,
432:25, 460:24,
468:23
strength [17]- 4n:13,
477:15,477:17,
477:20, 477:21,
477:23, 478:9,
478:11,479:4,
480:19,483:19,
484:5, 484:6,
531:16,532:18
stretching /lJ - 475:4
strike (12)- 438:7,
439:7, 440:4,
447:18,499:6,
502:13,503:2,
504:25, 505:2,
509:6, 533:10
strong (4)- 4n:16,
478:2,478:4,478:10
studies [21- 522: 14,
524:23
study(fl]522:21,
523:10,524:14,
525:18,525:24,
525:25, 526:8,
526:9, 526:21,
528:23,531:13
Sturdy [1]- 431:8
Sub (2)- 457:5, 457:6
Subdivision
[5]-
456:12,456:18,
456:22, 458: 13,
458:15,459:16
subject(12]- 424:12,
424:13, 425:2,
448:22, 448:24,
454:10,488:1,
488:2, 488:20,
488:22,514:15,
515:17
sUbjectlve[15]-
479:12,479:14,
479:18,479:23,
480:3, 480:5,
480:11,481:1.
481:2,518:2,520:5,
520:6, 520:9,
520:10,533:3,
533:6,533:7,540:18
subluxablllty
[1)-
482:7
subluxable
[f] - 482:8
subluxlng
submitted
[1)- 482:12
[ff]-
454:9,454:17,
. 455:21, 455:22,
456:4, 456:24,
457:8,459:10,
503:15,508:4,508:8
subpoena [1)- 430:4
Subsection
[f J -
457:12
subspeciallzation
/1)
- 462:1
suffering
suggested
(I] - 530:7
(f) -
527:13
summary [fJ - 457: 15
supinated [f]- 475:24
supination [5]-
538:13,542:5,
542:16,544:4,
544:12
supplemental
462:11, 462: 12,
462:18,462:20,
463:5, 463:11,
463:24, 463:25,
493:2, 505:25,
506:5,507:15,
507:16,507:22,
510:5, 511 :12.
511:15
surgical [fl]- 428:8,
462:6. 462:14,
490:19,490:24,
504:4, 504:6,
504:22, 505:7,
505:14,508:2
surprise pJ - 534:20,
534:23, 534:25
surveillance
P] -
425:24,426:7,427:1
sustained (21)- 435:4,
442:1,442:5,
486:17,496:15,
498:5,500:16,
500:18,502:13,
503:2,505:17,
509:6,513:15,
524:11,530:21,
533:10, 534:11,
537:4, 539:1
swear [2J- 429: 11,
460:16
swelllng[f]515:7
sworn (If] - 427: 13,
429:7,429:23,
445:20, 452:9,
460:4,460:12,
461 :6, 486:24,
490:9, 545:4
swung [1]- 476:20
symptom PI- 540:10,
540:14, 540:16
symptoms [fOJ-
PI -
455:21, 469:9, 470:6
supplied 11)- 470:5
supportl2J - 459:13,
483:7
supposed (f]- 530:18
SUPREME [1]- 423:1
surface [5]- 512:24,
514:15,515:14,
515:15,518:13
surgeon [3)- 462:21,
501:23,502:24
surgeons /1) - 502: 11
Surgeons (21-
462:25,463:12
surgeries [2]- 506:24,
507:1
surgery (f9] - 461 :25,
515:4,515:6,
515:11, 515:23,
516:6,540:17,
540:19,540:21,
540:23, 541:2
T
table[9]- 476:13,
476:18,476:20,
484:1,484:14,
541:9,541:12,
541:21
tantrums [I) - 440:18
tap (4)- 481 :22,
481:24,483:12,
493:10
tape (2]- 493:24
tapped [2)- 481:19,
482:2
teaching [f) - 466:6
team [4)- 463:15,
463:16,496:7,536:5
[4J- 486:7,
486:16,487:10,
488:7
temperlfJ - 440:18
ten (lfJ - 425:23,
446:16,465:24,
475:3, 475:4, 475:6,
475:17,495:19,
496:7,496:19,
538:11
technician
tenderness
[f)-
533:21
tendon (2)- 493: 11,
493:12
tendOnS[lJ - 462:15
Tenner [7J- 483: 11,
483:16, 530:15,
531:7,531:8,533:4,
533:15
term [lJ - 514:7
TERM [1]- 423:2
terms [1)- 484:5
test (29)- 471 :21,
471:24,473:7,
474:4,476:12,
477:3,477:13,
477:14,477:20,
477:23, 478:2,
479:24, 480:4,
480:5, 480:8, 480:9,
480:17,483:19,
484:4, 487:23,
522:20, 522:23,
523:16.523:19,
523:21, 526:3,
528:2,541:15
testedp) - 473:2,
474:5, 476:6
testified (14)- 429:24,
444:9, 444:20,
445:7,447:3,
457:24,458:18,
461:6,466:21,
476:4,524:18,
528:19,534:4,542:6
testify [10)- 426: 15,
449:6, 464:23,
465:9, 467:1, 468:1,
496:3,497:15,
497:18,500:11
testifying PI - 443:24,
489:17,498:11
testimony
[14)-
429:11, 451 :25,
452:15,452:16,
453:23,454:17,
459:4,460:16,
469:11,497:17.
500:11,500:15,
531:4,544:19
testing (6J- 4n:21 ,
477:22.481:15,
483:23,541:5,
541:24
tests (12J- 472:22,
4n:10, 479:4,
480:12,481:14,
493:6,522:16.
522:18,523:6,
524:15,524:19
THE [f57] - 423:1,
424:7,424:16,
424:23, 425:6,
425:10,425:17,
425:21 , 426:3,
426:6, 426:9,
426:20, 426:24,
427:5, 427:9,
427:15,429:1,
429:14,429:18,
429:21,430:10,
433:8, 435:3,
435:10,436:13,
436:14,436:15,
436:25,437:15,
437:17,438:3,
438:9,438:11,
438:18,439:8,
439:10,439:13,
439:19.439:20,
439:21, 440:6,
440:9,440:18,
440:21, 440:23,
440:24,441:1,
441:2,441:4,441:6,
441 :25, 442:5,
443:17; 447:9,
447:20, 448:21,
448:24,449:14,
451 :23, 452:2,
452:11,456:1,
459:8.459:15,
459:22, 459:25,
460:6,460:19,
460:23, 460:25,
461:1,461:2,
464:22, 465:4,
465:7,467:18,
467:20, 467:21,
470:11,470:14,
476:15,476:17,
484:22, 485:24,
486:2,486:17,
486:19,487:1,
487:5,487:18,
488:4,488:18,
18
Header
488:22, 489:6,
490:1, 490:3,
490:11,492:13,
494:25.495:17.
496:15,498:5,
498:24, 499:2,
499:8, 499:11,
499:14,499:20,
500:3,500:16,
500:18.502:8.
502:13,502:20,
503:2, 503:7,
503:13,503:25,
504:10,504:16,
504:25, 505:17,
507:10,508:19,
508:21,509:6,
509:17, 509:20,
510:14,511:3,
512:12,512:18,
513:15,514:10,
519:21,520:19,
520:22, 522:5,
523:5,523:18,
524:11,526:16.
529:19,530:13,
530:21, 530:25,
532:5,532:12,
533:10,534:11,
537:4, 539:1, 542:2,
543:13,543:16,
544:18,544:21
themselves
11]-
499:22
therapy [5]- 517:22.
518:23,519:1.
519:5,519:14
thigh 11)- 493:25
thighs [2J- 4n:5,
535:17
Third (1]- 423:17
third 12]" 458: 1, 535: 9
thirteen 11)- 495:19
thirty [6) - 466: 10,
472:16,476:10,
479:25, 480:6,
519:19
thlrty-flve[l[519:19
thoracic [1]- 469:22
thousands
(1]-
501:14
three [18)" 426: 10,
431:12,431:13,
437:4, 461 :25,
462:1,462:11,
462:16,468:19,
495:18,495:21,
507:12, 508:7,
531:25,534:17
throughout
[4)-
452:22,453:1,
470:21,495:12
thrown [')- 454:1
tie ('4] - 437:22,
437:23,438:1.
438:4,440:14,
441 :22, 442:2,
443:14,446:19,
458:4, 458:20.
458:21
tightening [I) - 530:8
tightly [1] - 484:2
tlltl']- 472:4
tingling (1]- 540:15
tissue (7)- 481 :12,
508:4,517:7.
517:12,517:15,
518:13
today (8)- 443:24,
444:13,446:1,
448:17,491:13,
501:12,501:15,
503:21
toes [1]- 535:17
together[l)491:13
tomorrow
(7)-
425:22, 426:25,
427:2,427:8,545:1,
545:2. 545:6
tone (2)- 447:10,
521:6
took 112)- 468: 13.
469:1,471:17,
489:17,491:2,
492:6, 492:25,
503:17,518:8,
518:12,518:13.
537:2
tool (1]- 436:3
tools 19]- 433: 13,
433:17,433:18,
435:5,435:12,
436:4, 439:2,
444:14,451:18
top [11- 443:5
TORRES (1)- 423:13
total (4)- 428:4,
428:7,428:11,
519:22
totally [1]- 511 :2
towards [1] - 484: 1
track [1]- 519:3
training (3)- 461:17,
461 :24, 461 :25
transcribed (1)- 501 :6
transcript(7) - 469:10,
478:17,478:19,
478:20,514:8,514:9
transcripts (2)- 514:8,
534:4
trauma (3)• 462: 17,
512:7,515:15
traumatic (7)- 514:16,
514:19,515:18,
515:21,516:10,
517:10, 517:11
treat (9)" 514:24,
515:2,515:10.
516:4,516:5,516:6,
516:8,541:1
treated (2)" 527:4,
528:2
treating 19]- 463: 19,
515:4,515:10,
526:22, 527:21,
527:22,531:19,
531:21,531:22
treatment [71- 462: 13,
462:14,517:22,
527:12,527:20,
527:23,530:14
trial [12]"440:12,
453:2, 455:20,
455:22, 456:2,
456:4, 456:9,
458:11,458:14,
469:11, 489:9, 545:8
tried (1)" 524:7
trier[l) - 457:2
Trolman (1)- 470:20
TROLMAN [1]-
423:16
trouble (1]- 439: 1
truCk[10]- 431:15,
433:16, 437:23,
439:3, 439:9,
439:16,439:24,
444:13.451:18
true [35]- 444:20,
445:6,447:15,
450:9,451:13,
451:16,496:22,
497:7,497:15,
497:23, 497:25,
498:18,499:25,
500:9, 501:20,
501 :25, 503: 11,
503:18,503:23,
505:4, 505:14,
506:21,506:22,
509:21,511:15,
515:7,516:6,
517:13,518:10,
518:18,528:6,
534:1, 534:24,
534:25,541:14
trunk 11]" 4n:5
truSt[lJ - 496:13
truth 18]- 429: 12,
429:13,445:22,
445:24,460:17,
460:18
by [81" 454:2,455:14,
479:21, 498:21.
502:2,512:17,
516:9,518:9
trying [3]- 427:18,
427:21,499:3
Tuesday [,] • 545:8
tum 12]- 476:15,
543:2
tumlng [') - 475:21
TV (1)- 425:25
twelve (lJ - 434:7
twenty [4J" 434:8,
475:7,475:18.538:7
twIce(2)- 495:14,
496:19
two [34)" 425:19,
425:22, 433:21,
434:3, 436:9,
436:19,436:20,
441 :20,444:16,
449:6, 451 :4, 452:3,
452:7, 457:3,
459:25, 462:23,
463:10,473:8,
476:7, 490:24,
493:14,497:11,
497:12,524:15,
524:18,524:21.
531:10.534:14,
534:19,538:20,
545:2
Two 11)- 423:20
tying [1]- 458:14
Tylenol [11- 471 :17
type [111-425:25,
432:15,433:20,
433:23, 463:25.
466:16,478:15,
479:21, 480:17,
536:17,538:15
typical [11- 466:18
typically [3]- 481 :21,
481:25,482:15
U
U.S [21- 428:18,
469:14
ulnar [37]- 481 :3,
481:7,481:8,481:9,
481:16,481:19,
481:24,482:4,
482:5, 482:14,
482:16,482:19,
482:22, 482:25,
483:2, 483:4, 483:6,
483:17,505:8,
522:12, 522:14,
523:11, 524:23,
524:25, 525:1,
525:18.525:20,
526:19,531:11.
531:15,531:16,
532:1.532:8,532:9.
532:14,532:21,
532:23
ultimately [I) - 489:8
unaware[,) - 513:4
uncommon
(2)-
536:16,536:19
under (17]- 436:5,
440:11,445:20,
446:17,447:11,
453:3, 453:4,
455:24,456:12,
456:15,457:8,
457:12,457:24,
458:2,458:19,
518:8,518:23
undergo 12]- 461 :16,
461:19
underwent 11)"
428:16
unfortunately
(4)-
486:13,519:23,
531:18,536:19
unimportant
(1)-
526:7
473:7.
473:12,474:7,
474:13,475:2,
475:6,475:14,
475:16,475:23,
478:3, 484:4
United [1]- 462:22
unless (1)- 466:19
up [31]- 431:1,431 :2.
436:4,442:11,
442:24, 443:2,
443:3,454:1,
457:21. 457:23,
470:11,473:22,
476:8, 476:13,
476:19,476:20,
476:23, 477:4,
480:6,484:1,484:3,
484:21,488:24,
495:11, 500:22,
501:3, 509:22,
538:10,542:11,
542:16
updated [1]- 470:7
upper[S) - 483:23,
524:13, 525:7,
526:4,535:17
unlnJured[l',-
uppernower[l]-
462:18
19
Header
Uses[l! - 457:18
V
vacation [1]- 497:13
vaguell]- 501:13
value [11-528:13
vantages (1)- 441:20
variat/onll) - 526:3
varies (1)- 500:25
various 111-431:23
vehicle [11-433:16
velocities (2)- 524:24,
525:3
velocity [2]- 523: 13,
524:19
verdict (6)- 452: 15,
452: 19, 452:20,
455:24, 456:23,
457:15
versus (31- 457:4,
457:5, 457:11
vertebrae 121-473:25,
540:1
vertical (1)- 473:21
videos [1]- 426:22
view [4]- 456:24,
485:11,490:19,
490:20
views 12]- 485:6,
485:7
violation [3]- 452:21,
458:13,459:1
VIsta [11- 469:13
vocational (1)425:22
voIce [3]- 429: 16,
507:7, 507:9
VOIr{l) - 485:21
voluminous 111466:19
vouching [1)- 489:3
W
W-2 (1]- 449:6
wages 11]-449:25
walst[2]- 476:9,
4n:2
walt [9)- 440:6, 487:2,
496:18,507:13,
508:19,508:21,
508:22, 522:6, 544:2
walk (2)- 431:13,
480:13
walk-In [1)- 431:13
wall [5)- 442:24,
443:9, 443:11,
443:13,443:15
wants (1)- 538:4
warehouse[l]- 431:2
455:5
waste (1)- 536:9
works [21- 436:5,
watch 12]- 433:8,
447:11
447:9
world (1)- 523:24
ways 12]- 476:7,
worsen (11-515:22
514:24
worst (1)- 518:18
weakness (5)- 478:4,
wrapping (1)- 493:24
526:5, 531 :20,
wrist [8)- 428:20,
532:16,532:19
469:22,481:10,
wearing 11]- 537:8
487:12,487:14,
Wednesday [3]510:23,511:5,
425:24, 427:3, 427:4
535:11
week (6)- 449: 19,
write (1)- 501:3
450:1,467:15,
write-up 11)- 501:3
497:12,500:22,
written (1)- 463:10
500:25
wrote (9)- 509:22,
weekend [1]- 427:16
510:6,510:24,
weeks [3)- 459: 13,
511 :11, 523:23,
467:12,497:12
535:15,536:4,
welghtl21- 538:3,
536:11
538:11
welding [1)- 478:24
X
whatsoever (7]x-ray (18)- 486:5,
452:23,453:16,
486:7,486:11,
454:23, 455:4,
487:12,487:13,
455:12,483:6
488:15,490:16,
whole(4)- 429:12,
490:17,492:19,
460:18,482:21,
503:23,504:7,
482:22
504:11,509:22,
W1delec (1]- 536: 1
509:24, 509:25,
wish (2)- 429:1,459:8
510:22,511 :12,
withdrawing [2]513:8
456:15,456:17
X-rayed (1)- 485: 19
witness [22]- 425:15,
x-rays [35)- 464:9,
426:8,426:12,
469:17,469:20,
429:6, 429:7,
469:21, 470:2,
429:22,452:1,
470:5, 484:9,
459:4, 460:8,
484:12,484:17,
460:11,460:12,
485:4,485:17,
461:4,474:21,
485:22, 486:3,
484:24, 487:3,
486:9,486:15,
490:5, 490:6, 490:7,
486:18,487:8,
499:7, 504:9, 507:7,
487:21,489:18,
544:20
490:14,490:15,
WITNESS [13]490:24, 491 :2,
429:14,429:18,
491:4,492:1,492:6,
436:14,439:20,
492:25, 497:2,
440:23,441:1,
497:7,497:10,
441:4,460:19,
503:17,506:1,
460:23,461:1,
508:17,530:5, 537:3
467:18,467:21,
476:15
witness's [2]- 451 :25,
Y
544:19
Yankees[l]- 463:17
word [4)- 528:25,
year(16) - 461:12,
529:5, 530:18, 533:9
461 :23, 462:4,
words (1)- 433:24
462:10,462:16,
worker [2)- 450:23,
463:8,495:14,
478:12
495:19,495:20,
workers 12]- 451 :4,
497:13,497:18,
498:8,500:13,
534:16
years (21)- 430:22,
432:2, 436:20,
444:6, 447:21,
450:21, 453:25,
462:10,462:11,
462:23, 463:24,
464:1,468:6,
468:19,495:21,
496:19,534:4,
534:15,534:19,
538:20
YORK [1]- 423:1
York [21]- 423:11,
423:17,423:20,
429:19,430:11,
453:4, 453:5,
455:19,460:10,
460:24,461:10,
461:15,464:3,
464:24, 465:2,
468:24,469:14,
502:25
YOUrs~f[l) - 441 :18
yourselves [3)452:5, 486:21,
544:23

Here is the transcript of Dr. Crane`s testimony in this case

Transcription

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DOB:09/11/1987 M-Monitoring ICL DOB: 03/13/1986