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Defendant Contends Plaintiff Failed to Provide Medical Affirmations

The complainant provides only one medical affirmation about the 2001 accident; namely, a report by a New York licensed neurologist, commenting on an August 6, 2007 examination. The license neurologist also references the unauthenticated January 26, 2001 images studied by the defendants’ radiologist, and affirms that the complainant has developed tingling and numbness in his right and left arms radiating into his right and left leg as a result of the January 1, 2001 accident. The neurologist finds that the patient’s sensory thresholds are all within normal limits, except for a decreased sensation on the outer aspects of the bilateral leg to pin and decreased sensation on the outer aspect of the bilateral arm to pin. The neurologist, unlike the defendants’ orthopedist, found the complainant had decreased spinal range of motion. She maintains that the complainant had weakness in the arm and leg muscles and relies on the 2001 images to highlight the presence of a chronic bilateral spine injury secondary to his motor vehicle accident of 2001. The neurologist thus reports permanent restrictions in range of motion of the cervical and lumbar spine region and neurological disability that would require a series of three epidural injections to the neck and systematic physical therapy and pharmacological pain management.

The complainant, though, despite several requests, has failed to provide the court with affirmations from his treating physician at the time of the January 1, 2001 accident or with affirmations from those doctors treating him in the time period between the 2001 accident and his decision to obtain treatment from the neurologist in May, 2007.

The complainant also cites the January 31, 2001 un-affirmed report of a psychologist. He asserts that the report demonstrates that he is suffering both emotionally and cognitively and that the negligence of defendants is the proximate cause of his psychological injury. Next, the complainant refers to an unsworn MRI scan report of his lumbosacral spine performed by a radiologist. The radiologist opines in an unsworn report that the complainant is suffering from various spine injuries including anterolisthesis, disc space narrowing, dessication, and a herniated disc. Additionally, the documents provided in response to the complainant’s subpoenas also include a small number of other un-affirmed documents referencing the 2001 accident. These documents are un-affirmed medical records from emergency rooms visits by the complainant apparently for treatment received as a result of his complaints of lower back pain.

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