As discussed two posts ago, located here, and in our most recent post, located here, a defendant who had slammed his bread truck into the rear of our client’s automobile, causing physical injuries to her, filed a written motion requesting the court dismiss the lawsuit on the grounds that, even though my client said she was in pain, the medical records failed to show an objectively verifiable injury.

We opposed the defendant’s request to dismiss the case. Our papers were in three parts: a sworn affidavit from one of our attorneys; a sworn affidavit from a treating physician; and a sworn affidavit from a radiologist.

All three sworn affidavits submitted in support of our client’s case will now be posted to this website. This post constitutes part three of three. Printed below is the sworn affidavit from a radiologist, in its entirety:

SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF WESTCHESTER

—————————————————————————x

SELENA CALDERON ORTEGA,

                                                           Plaintiff,                AFFIRMATION OF

                                                                                          CHARLES J. BURNS, M.D.

                        -against-

                                                                                           Index No: 09648/2017

RILEY BAUMES and

WOLFGANG LINE HAUL, LP,

                                                            Defendants.

—————————————————————————x

           CHARLES J. BURNS, M.D., a physician duly licensed to practice medicine in the State of New York, hereby affirms under penalty of perjury pursuant to CPLR 2106 the following to be true:

  1. I am a physician licensed to practice medicine in the State of New York.  My area of specialty is radiology and nuclear medicine.  I maintain an office at 1 Brockway Place, White Plains, New York.  I make this affirmation at the request of the attorneys for the plaintiff Selena Calderon Ortega.
  2. I affirm that the medical records attached are true and accurate copies of the records kept by me in the ordinary course of business.  I affirm the authenticity and truthfulness of the records under penalties of perjury.
  3. I have reviewed the CT scan images of plaintiff’s abdomen performed on 9/16/2016 at Phelps Memorial Hospital Center and on 9/22/2016 at Westchester Medical Center.  I have reviewed the CT scan images themselves as well as the reports of the initial reviewing radiologists who found fractures of the left 10th and 11th ribs.  My opinion is that the injuries appearing on the CT scan images are causally related to the accident. 
  4. In my opinion, these findings are consistent with Ms. Calderon Ortega’s symptomatology and correlate with the mechanics of the accident.  As a result of the accident, Ms. Calderon Ortega sustained rib fractures on the left, and permanent scarring on the liver and spleen.
  5. It is my opinion that Ms. Calderon Ortega has suffered multiple left rib fractures as a result of the September 16, 2016 accident. 
  6. Based on all of the above, my review of the diagnostic testing, it is my opinion, with reasonable medical certainty, that Ms. Calderon Ortega sustained rib fractures on the left, traumatic posterior liver laceration consistent with grade 4 injury, and laceration to the superior pole of the spleen with a small subscapular hemorrhagic component as a result of the September 16, 2016 motor vehicle accident.

Dated: White Plains, New York

April 7, 2016

                                                                        __________________________________

                                                                       CHARLES J. BURNS, M.D.

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