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Filing # 181962374 E-Filed 09/16/2023 12:55:15 PM
IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT,
IN AND FOR OSCEOLA COUNTY, FLORIDA
XIAO SHENG YUE,
Plaintiff,
CASE NO.: 2020-CA-1106AN
v.
CYNTHIA M. FOERSTER AND
CHAPP, INC.,
Defendants.
______________________________/
DEFENDANTS, CYNTHIA M. FOERSTER AND CHAPP, INC.’S, NOTICE OF FILING
DEPOSITION TRANSCRIPT OF KENIA RODRIGUEZ-SPENGLER, PSY.D
COMES NOW, Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., by and
through the undersigned counsel, and hereby give Notice of the Filing with the Court of the
Deposition Transcript of KENIA RODRIGUEZ-SPENGLER, PSY.D, dated October 27, 2021.
Said deposition transcript is for use at trial.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that, on this 16th day of September 2023, I electronically filed the
foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in
compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service
by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record.
LAW OFFICES OF SANTEIRO & GARRISON
/s/ Jorge Santeiro
Jorge Santeiro, Esq.
FBN 66230
6300 University Parkway
Suite 101
Sarasota, FL 34240
Tel: (800) 226-3224, ext. 1021
Primary: jsanteiro@fcci-group.com
Secondary: ssmith5@fcci-group.com
Secondary: legalservice@fcci-group.com
1 2
1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 1 REMOTE APPEARANCES
IN AND FOR OSCEOLA COUNTY, FLORIDA
2 2 PRESENT ON BEHALF OF PLAINTIFF:
XIAO SHENG YUE,
3 3 MANUEL F. STEFAN, ESQUIRE
Plaintiff, Morgan & Morgan, P.A.
4 4 4495 South Semoran Boulevard
vs. CASE NO.: 2020-CA-1106AN Orlando, Florida 32822-2461
5 5 PH: (407) 452-6982
CYNTHIA M. FOERSTER AND mstefan@forthepeople.com
6 CHAPP, INC., 6
7 Defendants. 7 PRESENT ON BEHALF OF DEFENDANTS:
__________________________/
8 8 JORGE SANTEIRO, JR., ESQUIRE
VIDEOTAPED DEPOSITION OF: Law Offices of Santeiro & Garrison
9 KENIA RODRIGUEZ-SPENGLER, PSY.D., 9 6300 University Parkway, Suite 101
APPEARING REMOTELY FROM ORANGE COUNTY, FLORIDA Sarasota, Florida 34240
10 (Pages 1 - 78) 10 PH: (800) 226-3224, Ext. 1021
jsanteiro@fcci-group.com
11 11 ssmith5@fcci-group.com
October 27, 2021 legalservice@fcci-group.com
12 9:41 a.m. - 11:14 a.m. 12
13 13 PRESENT ON BEHALF OF THE WITNESS/DEPONENT:
14 14 SHARON HENRY, ESQUIRE
Mateer & Harbert, P.A.
15 15 P.O. Box 2854
Orlando, Florida 32802-2854
16 16 PH: (407) 425-9044
shenry@mateerharbert.com
17 17
18 18 ALSO PRESENT:
19 19 GINA GARCIA, VIDEOGRAPHER
U.S. Legal Support, Inc.
20 20
21 21
22 22
REPORTED BY:
23 23
Stephanie A. Walters
24 Stenographic Shorthand Reporter 24
25 APPEARING REMOTELY FROM HILLSBOROUGH COUNTY, FLORIDA 25
3 4
1 INDEX OF PROCEEDING 1 P-R-O-C-E-E-D-I-N-G
PAGE
2 2 The remote videotaped deposition of
APPEARANCES 2
3 3 Kenia Rodriguez-Spengler, Psy.D., was taken pursuant
DEPOSITION OF KENIA RODRIGUEZ-SPENGLER, PSY.D.:
4 4 to notice by counsel for the defendants on October
Direct Examination by Mr. Santeiro 6
5 Cross-Examination by Mr. Stefan 53 5 27, 2021, at 9:41 a.m. Said deposition was reported
Redirect Examination by Mr. Santeiro 66
6 6 remotely from Hillsborough County, Florida, by
CERTIFICATE OF OATH 75
7 7 Stephanie A. Walters, Stenographic Shorthand
CERTIFICATE OF REPORTER 76
8 8 Reporter, Notary Public, State of Florida at Large.
WITNESS READ-AND-SIGN LETTER 77
9 9 * * * * *
ERRATA SHEET 78
10 10 (The witness presented her government-issued
E-X-H-I-B-I-T-S
11 11 identification and identity verified.)
DEPOSITION
12 EXHIBIT DESCRIPTION PAGE 12 THE VIDEOGRAPHER: Good morning. We are on the
13 A Dr. Rodriguez-Spengler's Report 71 13 record at 9:41 a.m., Eastern Standard Time, October
14 B Dr. Rodriguez-Spengler's CV 73 14 27th, 2021. Audio and video recording will continue
15 15 to take place until all parties agree to go off the
16 16 record.
17 17 Please note that microphones are sensitive and
18 18 may pick up whispering and private conversations.
19 19 Private conversations and/or attorney-client
20 20 interactions should be held outside the presence of
21 21 the remote interface.
22 22 This is the remote video-recorded deposition of
23 23 Dr. Kenia Rodriguez-Spengler, taken by the counsel
24 24 for the defendant, in the matter of Xiao Sheng Yue
25 25 vs. Cynthia Foerster and Chapp, Inc., filed in the
5 6
1 Ninth Judicial Circuit, in and for Osceola County, 1 They further acknowledge that, in lieu of an oath
2 Florida. The deposition is being held at U.S. Legal 2 administered in person, I will administer the oath
3 Support remote video conference. 3 remotely. The parties and their counsel consent to
4 My name is Gina Garcia. I am the videographer, 4 this arrangement and waive any objections to this
5 on behalf of U.S. Legal Support, located at 4200 5 manner of reporting.
6 West Cypress Street, 750, Tampa, Florida 33607. The 6 THE COURT REPORTER: Doctor, will you go ahead
7 court reporter is Stephanie Walters, on behalf of 7 and raise your right hand?
8 U.S. Legal Support. I'm not related to any party in 8 THE WITNESS: (Complies.)
9 this action nor am I financially interested in the 9 THE COURT REPORTER: Do you swear or affirm the
10 outcome. 10 testimony you're about to give will be the truth,
11 Counsel will state their appearances for the 11 the whole truth, and nothing but the truth so help
12 record, after which the court reporter will enter 12 you God?
13 the statement for remote proceedings into the record 13 THE WITNESS: I do.
14 and swear in the witness. 14 THE COURT REPORTER: Thank you.
15 MR. STEFAN: Manny Stefan, on behalf of the 15 WHEREUPON,
16 plaintiff, Xiao Sheng Yue. 16 KENIA RODRIGUEZ-SPENGLER, PSY.D.,
17 MR. SANTEIRO: Yes. Good morning. 17 the witness herein, having been first duly sworn, was
18 Jorge Santeiro, and I represent Cynthia Foerster and 18 examined and testified as follows:
19 Chapp, Inc., the defendants in this matter. 19 DIRECT EXAMINATION
20 MS. HENRY: Sharon Henry, I'm appearing on 20 BY MR. SANTEIRO:
21 behalf of the witness. 21 Q Hello, Doctor. My name is Jorge Santeiro. I
22 THE COURT REPORTER: The attorneys 22 represent the defendants in this matter, and I'm here to
23 participating in this deposition acknowledge that I 23 take your deposition.
24 am not physically present in the deposition room and 24 First of all, before I get too much further,
25 that I will be reporting this deposition remotely. 25 should I refer to you as Dr. Spangler, or
7 8
1 Dr. Rodriguez-Spengler? What is your preference? 1 Then, I did my residency at -- actually, my
2 A Dr. Rodriguez. 2 internship, at Jackson Memorial - University of Miami,
3 Q Okay. Dr. Rodriguez. Very well. 3 there for one year in a rehab unit and outpatient
4 Dr. Rodriguez, what do you do for a living? 4 neuropsychological clinic, and then two years of
5 A I'm a clinical psychologist, specialize in 5 neuropsychological residency at UM as well, under
6 neuropsychology. 6 Dr. Bonnie Levin.
7 Q Okay. And can you please let the ladies and 7 Q Okay. So when did you receive your -- is it a
8 gentlemen of the jury know what a neuropsychologist is? 8 Psy.D. degree; is that the correct nomenclature?
9 A A neuropsychologist is a specialized 9 A Yes. So when did I receive it?
10 psychologist who evaluates/assesses the cognitive 10 Q Yes.
11 function of an individual. 11 A I'm glad you asked me to have my CV up, because
12 Q Very well. 12 here I go. 2008.
13 And what where do you work, currently, as a 13 Q So, 2008, you graduated with a doctorate in
14 neuropsychologist? 14 neuropsychology; is that fair to say --
15 A Orlando Health. 15 A Yes.
16 Q Okay. And can you please go over, very 16 Q -- for laypeople?
17 briefly, what your education, training and background is 17 And then beyond that, you had -- I think I
18 to become a neuropsychologist? 18 counted four additional years of training; is that
19 A Okay. So I first got my bachelor's degree at 19 correct?
20 Southern Adventist University in Tennessee. That was a 20 A After that, it was two more years.
21 bachelor's degree in psychology. 21 Q Okay. Two more years. And that, you said, was
22 I went to Nova Southeastern University after 22 at the University of Miami - Jackson Memorial Hospital?
23 that and completed my master's in science in clinical 23 A Yes.
24 psychology, and then my doctorate of psychology, with a 24 Q Okay. Now, what kind of work do you do, going
25 specialty in neuropsychology. 25 through residency and internship training,
9 10
1 post-doctorate, like you did? 1 A I've had membership with NAN, APA, FPA -- I
2 A What I'm doing -- what I did there mostly was 2 don't know if you want me to spell those out for --
3 seeing patients on an outpatient basis. Those patients 3 Q What does NAN stand for?
4 were referred to us from different specialties, but 4 A Okay. NAN is -- I believe it's National
5 usually from neurology, and what I did was conduct 5 Academy of Neuropsychology.
6 clinical interviews, and then perform neuropsychological 6 Q Okay.
7 assessments with individuals who are referred for 7 A Then, the Florida Association of Psychology,
8 different reasons, and then write up the report, under 8 and the Hispanic Neuropsychological Association.
9 the supervision of my supervisor at that time. 9 Q And I think you said the APA. Is that the
10 Q Okay. Now, is there such a thing, within your 10 American Psychological Association?
11 field, as a board certification or a certification of 11 A Yes, but, actually, I'm not a member of that
12 some kind? 12 anymore; that was in the past.
13 A There is. 13 Q And I just want to clarify something, and just
14 Q Okay. And are you board certified in your 14 because we do have a number of different specialties
15 field? 15 involved in this case, and just to help the jurors out a
16 A I am not. 16 little bit: Is there a difference between a
17 Q Okay. And are you in the process of getting 17 psychologist, such as you, or a neuropsychologist,
18 board certified, or, you know, what's going on there? 18 versus a psychiatrist? That's a different field
19 A I am not. 19 altogether, correct?
20 Q Okay. And it's not required to practice as a 20 A It is a different field altogether, yes.
21 neuropsychologist, to be board certified, right? 21 Q So just briefly, a psychiatrist is a medical
22 A Right. 22 doctor that specializes in psychiatry versus the path
23 Q Okay. Are you a member of any professional 23 that you took, which is related; you have some
24 organizations or academic associations in the field of 24 similarities, but it's a very different field, isn't it?
25 neuropsychology? 25 A Correct.
11 12
1 Q Okay. Now, in terms of your qualifications as 1 A Typically, what I'm looking for is why are --
2 a psychologist, let me talk -- ask you some -- you said 2 why is the patient here; why are they looking for a
3 you learned how to the administer psychological or 3 neuropsychological evaluation, or why they have been
4 neuropsychological testing; is that correct? 4 referred what their symptoms are.
5 A Yes. 5 And so I'll review whatever their -- they've
6 Q Okay. And what is neuropsychological testing? 6 told me. I review it and try to get as much information
7 A They are the tests that are used to assess 7 from them as possible about what they're reporting, and
8 someone's cognitive functioning. 8 usually go over their medical history with them, psych
9 Q Okay. And -- but there is more to your 9 history. And that's usually what I'm looking for, just
10 practice than simply administering tests; is that 10 to try to get everything from them.
11 correct? 11 Q Okay.
12 A Yes. 12 A And then --
13 Q And I guess what I'm trying to get at is, when 13 Q Go ahead.
14 you're evaluating a patient, I mean, what are you 14 A Go ahead.
15 looking at, the whole patient, or just what the test 15 Q I didn't mean to interrupt you.
16 results are? 16 A No, go ahead. That was it.
17 A No, what we try to do is look at the whole 17 Q What is a differential diagnosis?
18 patient. 18 A A differential diagnosis is what else could be
19 Q Okay. So I know you do an interview with your 19 happening, what else it could be.
20 patients as part of your evaluations; is that correct? 20 Q Okay. So in this case, we're here obviously
21 A Right. 21 about your patient, Dr. -- he's a medical doctor in
22 Q And what kind of -- what's important to you as 22 China, Xiao Sheng Yue, correct?
23 part of your clinical interview that you do with your 23 A Uh-huh.
24 patients when -- when you're assessing somebody from a 24 Q Okay. So -- and Dr. Yue was referred to you as
25 neuropsychology standpoint? 25 a patient by whom --
13 14
1 A Dr. -- 1 there things besides a brain injury that are known to
2 Q -- in your records? 2 impact someone's cognitive complaints, cognitive
3 A -- Yassar Chafke -- 3 abilities, and scores on cognitive tests?
4 Q Okay. 4 A Yes.
5 A -- is what it says -- my report says. 5 Q For example, what kinds of things might affect
6 Q And Dr. Chafke, I guess, is a neurologist that 6 somebody's cognitive ability other than a brain injury?
7 was seeing Mr. Yue -- Dr. Yue? 7 A Their mood; or language; pain; anxiety. Those
8 A I don't know what his specialty is, unless I 8 are some examples.
9 wrote it in my report, but I don't -- I don't know what 9 Q Okay. Very good.
10 his specialty is. 10 Now, looking at your report, we have a report
11 Q Okay. So when you're assessing a patient, such 11 dated, I guess, March 18th, 2019. Do you have that with
12 as Dr. Yue in this case, do you go through the process 12 you, Doctor?
13 of a differential diagnosis? 13 A I do.
14 A We're always considering a differential 14 Q And it's labeled "Neuropsychological
15 diagnosis, so that's what the assessment is. 15 Evaluation" of Dr. Yue, correct?
16 Q Okay. And does your assessment include all 16 A Yes.
17 aspects of the person, such as their emotional status, 17 Q All right. Good.
18 psychosocial history, and their physical health status? 18 Now, in the first paragraph, what were you
19 A That is what we try to do, yes. 19 asked to assess, in terms of Dr. Yue?
20 Q Okay. Now, in this case, I guess Dr. Yue was 20 A His cognitive abilities.
21 referred to you with respect to a possible concussion or 21 Q Okay. So just to be clear, your -- well, when
22 mild traumatic brain injury; is that correct? 22 Dr. Chafke referred Dr. Yue to you, you weren't asked to
23 A Yes. 23 test for a concussion; you were trying to assess his
24 Q Okay. Now, before we go into your care and 24 current cognitive abilities, right?
25 your evaluation of Dr. Yue, as a neuropsychologist, are 25 A Right.
15 16
1 Q Okay. Does that mean that as -- within your 1 neurologist."
2 specialty as a neuropsychologist, you can take a broader 2 Q Right. I understand. I guess my -- that was a
3 perspective and look at, you know, many other areas of 3 poorly worded question on my behalf.
4 functioning and other things going on in that person's 4 But if you have a patient that comes in and is
5 life to determine what is going on with them? 5 concerned about difficulties that they believe are a
6 A Right. 6 brain tumor, and you have a report that says, "No, there
7 Q Okay. Very good. 7 is no brain tumor," you know, do you look at other
8 Now, with respect to Dr. Yue, is it important 8 things that might be affecting that person?
9 to consider a differential diagnosis, or is it just to 9 A Sure.
10 zero in on the complaining -- you know, mild traumatic 10 Q Okay. All right. And the reason being is why?
11 brain injury/concussion? 11 Why is it important to figure out what is exactly
12 A Well, what I do is, I try to assess what the 12 causing this person's problems?
13 patient is being referred for. So I'm not going to see 13 A Well, we're looking to see what could be
14 if there's something else, other than what the patient 14 impacting that patient's cognitive functioning.
15 is presenting for. 15 Q And it could affect that person's care and
16 Q Okay. And I guess by way of example, if you 16 treatment, correct, if it's being attributed to the
17 have a patient that comes in and they're experiencing 17 wrong thing?
18 cognitive difficulties, and they're convinced they have 18 A Yes.
19 a brain tumor, is it important to find out whether 19 Q Okay. Now, in your report, it appears that you
20 indeed they have a brain tumor, or whether there might 20 reviewed some records as part of your review. Do you
21 be other things going on that are affecting their 21 have a list of whatever records you were provided as
22 cognitive abilities? 22 part of your assessment?
23 A I can't diagnose a brain tumor. So if they did 23 A I just have -- I don't know if I listed it. I
24 have a brain tumor, I would say, "Well, if that's 24 don't list the records on here.
25 something you think, then let's" -- "you should see a 25 Q Okay.
17 18
1 A Every once in a while, I might say, "As is 1 was provided to you in terms of a history, or your
2 reported on the medical records," but it's -- I didn't 2 review of records?
3 list which medical record, no. 3 A I am repeating what is provided to me.
4 Q Okay. All right. So you did review some 4 Q Okay. And when you review your notes from your
5 records, but you're not sure exactly which ones. And 5 interview with Mr. Yue, he indicated that he was hit
6 that's okay; I just wanted to see if you had that. 6 behind by another vehicle, and that he hit his head on
7 What's the purpose of reviewing prior records, 7 the steering wheel, correct?
8 in general? 8 A That's what it says here.
9 A Well, it's important to know what other doctors 9 Q He also reported what he believes was a
10 have found. So an example you just gave: if there's a 10 10-minute loss of consciousness, correct?
11 brain tumor, you know, then that's important to know. 11 A That's what he told me, from the report I have,
12 So it's important to know what the medical -- you know, 12 yes.
13 the medical history, and that's usually included in that 13 Q Okay. Now, it looks like you reviewed an MRI
14 medical record. 14 report dated 9/27/18, indicating some moderate white
15 Q Okay. Now, I wanted to ask you something -- 15 matter disease, correct?
16 because you did take a history of Mr. Yue, correct? 16 A Right.
17 A Right. 17 Q Now, again, we're going to go back and talk
18 Q All right. And there's a section of your 18 about specialties a little bit. Your specialty is not
19 report, on the first page, that says, "History of 19 to interpret brain MRI's, correct?
20 Presenting Problem," and the first thing that you 20 A Correct.
21 indicated is, "Patient is here due to mild traumatic 21 Q So you would leave that to -- would it be fair
22 brain injury after being involved in a motor vehicle 22 to defer to the radiologist, and possibly the
23 accident on September 11th, 2018." 23 neurologist, to review those?
24 I just wanted to get from you, Doctor, is that 24 A Yes.
25 a diagnosis from you, or are you simply repeating what 25 Q So you're just repeating -- which is fine --
19 20
1 you're repeating what's in that report, correct? 1 whether the person had a loss of consciousness; whether
2 A Correct. 2 there was an evaluation of the person's head, to see if
3 Q All right. Aside from the brain MRI that 3 there was any bumps or bruises; sometimes there is
4 you -- or report of a brain MRI that you reviewed, what 4 imaging done; you know, sometimes they assess the
5 other types of records -- in a case like this, where 5 Glasgow coma score. Is that one of those things you
6 somebody is claiming a brain injury from a car accident, 6 would like to see, that were documented immediately
7 what kind of records would you like to be provided in 7 after the crash?
8 order to review? 8 A It's not always important. If I have the
9 A Would I like to be provided? 9 information, it's good; and, if not, it's -- it doesn't
10 Q Yes. 10 affect -- it doesn't really impact the diagnosis.
11 A I don't have a preference, but I typically, if 11 Q Okay. So I'm just trying to understand. Let's
12 it's a post-concussion or if it's a traumatic brain 12 assume that there is an EMS report that, one way or the
13 injury, such as this, I would like neurology records. 13 other, diagnoses whether or not there was a loss of
14 Q So you would like neurology records? What 14 consciousness; also assesses whether or not the person
15 about if the person was -- you indicated that he was 15 was alert and oriented at the scene; assesses whether
16 taken to the hospital by ambulance. Would you like to 16 the Glasgow coma scale was 10 or a 15. Wouldn't it be
17 see those records, if they're available? 17 nice, if available and it provided to you, to review
18 A Yeah, it sometimes doesn't matter if the 18 those records?
19 neurology report has some of that information. 19 A Yes.
20 Q Okay. 20 Q Okay. All right. Now, let's talk about the
21 A So it depends. And if I feel I have enough 21 clinical -- or diagnostic interview. Were you able to
22 information from other sources, then I don't need the 22 get a history from Dr. Yue regarding his life and his
23 hospital records. 23 concerns?
24 Q Okay. And the reason I ask is, sometimes the 24 A I did get some information, which is what I
25 EMS report, sometimes the ER report will evaluate 25 wrote on here.
21 22
1 Q Okay. Were you able to communicate adequately 1 he reported?
2 with Dr. Yue? 2 A Okay. What I have here in my report is that he
3 A So, in reviewing my record here, it shows that 3 reported feeling foggy; slow-processing speed;
4 I was having some difficulty with communication with 4 difficulty recalling recent conversations; trouble
5 him. 5 finding his car in a parking lot; difficulty spelling;
6 Q And why was that? 6 when he was driving, he was forgetting his destination,
7 A He seemed to have difficulty understanding what 7 was using a GPS; misplacing personal items; trouble with
8 I was saying; I had trouble understanding what he was 8 comprehension, problem solving, attention, memory,
9 saying; and so we had to restate and simplify things a 9 verbal comprehension, reading comprehension, speech and
10 few times. 10 word finding.
11 Q Okay. And did you conduct the interview in 11 Q Did Dr. Yue deny depression and anxiety?
12 English? 12 A He denies depression and anxiety, but
13 A I did. 13 acknowledges stress due to cognitive changes, is what I
14 Q Did he have an interpreter or somebody 14 wrote here.
15 interpreting for him present? 15 Q So he did not report symptoms to you
16 A I did not; he did not. 16 consistent -- or that would allow you to diagnose PTSD;
17 Q Okay. And to your knowledge, did he come to 17 is that correct?
18 your office alone? 18 A Correct. Well, hold on a second. What did I
19 A As far as I know, yes. 19 write here?
20 Q Okay. And to your knowledge, does it appear 20 MR. STEFAN: Can you repeat that last question?
21 that he drove himself to your office? 21 Sorry, Jorge, you cut out just a smidge.
22 A I don't know. 22 MR. SANTEIRO: I forgot how I phrased it.
23 Q Okay. So what -- I guess he reported a number 23 MR. STEFAN: If you can read it back.
24 of cognitive difficulties. Can you provide a list of 24 MR. SANTEIRO: Did -- did -- I -- let me try
25 those difficulties, those cognitive difficulties, that 25 it.
23 24
1 BY MR. SANTEIRO: 1 A Whatever I wrote here, so what you read
2 Q So he did not report symptoms that would lead 2 earlier: He was hit from behind by another vehicle, and
3 you to a diagnosis of PTSD? 3 states his airbags did not deploy, and hit the steering
4 MR. STEFAN: Okay. Thanks. 4 wheel. He proceeded to experience approximately 10
5 THE WITNESS: Well, he denied anxiety. He 5 minutes of LOC, but remembers being taken to the
6 denied anxiety, but he was having some nightmares 6 hospital by ambulance.
7 associated to the accident. 7 Q Have you seen photos of the crash, by the way,
8 BY MR. SANTEIRO: 8 Dr. Rodriguez?
9 Q Associated to the accident? Yeah, so, I mean, 9 A I have not.
10 so he said he was having nightmares, what, a couple 10 Q Now, when did Dr. Yue tell you that his
11 times a week, you said -- 11 symptoms began?
12 A Right. 12 A After the accident.
13 Q -- associated to the accident? 13 Q After which accident, the 20 --
14 A Uh-huh, yes. 14 A The 2018 accident.
15 Q Now, if somebody's having nightmares a couple 15 Q So --
16 times a week about an event, would you expect it to be 16 MR. STEFAN: Can we go off the record super
17 kind of a significant event or collision to cause that? 17 quick before that next question? Just give me one
18 A I'm sorry? 18 second. Are you okay with that?
19 Q Yes, if somebody is having nightmares about an 19 MR. SANTEIRO: Yeah, of course.
20 event, such as a car accident, would you expect it to be 20 MR. STEFAN: Okay. Thanks.
21 somewhat of a significant event, or significant crash, 21 THE VIDEOGRAPHER: Do we want to stay on the
22 not just a fender-bender? 22 video record, or would you like to go off?
23 A It could be a significant event. 23 MR. STEFAN: Yeah, we're back. Sorry.
24 Q What did Dr. Yue tell you about the crash, if 24 THE VIDEOGRAPHER: Okay.
25 anything? 25 MR. SANTEIRO: That was quick.
25 26
1 BY MR. SANTEIRO: 1 A I don't know if it's a big deal.
2 Q Okay. So just to go back to where we were, 2 Q Okay. But the way that it was reported to you,
3 Doctor, you computed his symptoms beginning September 3 it sounded like he was -- no big deal?
4 11, 2018; is that correct? 4 MR. STEFAN: Objection.
5 A Right. 5 BY MR. SANTEIRO:
6 Q Now, did he tell you that he had actually 6 Q Is that right?
7 reported, to numerous doctors, that his symptoms 7 You could the answer the question. Yeah, he
8 actually began the year before, during a car crash in 8 objects --
9 2017? 9 A I don't know if it was a big deal. It was just
10 A I don't remember him telling me that, and I 10 that's what he reported: a brief period, hospitalized
11 just remember what's in the report, so I don't remember 11 and discharged the same day.
12 a conversation about it. 12 Q So he did tell you about the car crash that
13 Q Now, he did mention the car crash -- well, 13 occurred in 2017, where he was followed up by a
14 under your "medical and psychiatric history," on 14 neurologist for dizziness, headache, low back pain,
15 page 2 -- 15 memory difficulty, neck pain, and tingling in his
16 A Right. 16 upper -- upon rotating his neck?
17 Q -- if you can turn to that. 17 A He told me about the eval -- about the -- about
18 So he didn't mention a prior car accident; do 18 the accident two years ago.
19 you see that? 19 Q Okay. And did he tell you that he reported to
20 A Yes. 20 his neurologist, Dr. Sharfman, that a vehicle -- this is
21 Q And what did he say about that prior car 21 in 2017 now -- a vehicle rear-ended him and he hit his
22 accident? 22 head on a steering wheel?
23 A That he was confused for a brief period, 23 A I did not have that information.
24 hospitalized and discharged the same day. 24 Q Okay. Did he relay to you that he experienced
25 Q Not a big deal, right? 25 a loss of consciousness --
27 28
1 A No. 1 Q Did he tell you that he had a -- I know you
2 Q -- and once he came to, he got out of the 2 reviewed a brain MRI that was taken in 2018, after our
3 vehicle? 3 accident, correct?
4 A All I have is that he said he was confused for 4 A Right.
5 a brief period, hospitalized and discharged the same 5 Q Did he not tell you that he had a brain MRI
6 day. That's all I have about that. 6 following the 2017 accident as well?
7 Q I know, and it's not your fault, Doctor. I'm 7 A I don't have any information about that
8 just trying to figure out, you know, what Dr. Yue told 8 accident other than what I wrote in my report.
9 you and what he did not tell you, okay, so please bear 9 Q I understand. Now, what were the findings, at
10 with me. 10 least on the report that you reviewed, from the 2018
11 And did he tell you that, after the 2017 11 MRI?
12 accident, he relayed to Dr. Sharfman that he was very 12 A The findings I have here is that it indicated
13 confused, could not speak coherently, so he took his 13 moderate white matter disease, involvement in the great
14 license out to exchange it with the other driver? 14 white matter interface, which is a common location for
15 A Can you repeat that? 15 post-traumatic axonal-shearing injury, and moderate
16 Q Yes. Did he tell you that, after that 16 frontotemporal atrophy.
17 August 14th, 2017, accident, that he was very confused 17 Q Doctor, I'm going to share my screen really
18 and could not speak coherently? 18 quickly with you, because I know you have not seen this
19 A I do not have -- I don't have any of that 19 record before, and I hate to spring this on you, but I
20 information from that accident. 20 just thought it'd be fair to show you what -- can you
21 Q And he didn't tell you, either, that he 21 see an MRI report that I put up on my screen? It --
22 reported a loss of bladder at the accident scene, 22 A Yes.
23 either, did he? 23 Q -- says --
24 A I don't have any information, at all, about 24 A Yes.
25 that accident. 25 Q All right. And that MRI was done on September
29 30
1 5th, 2017; do you see that? 1 protective order on this line of questioning and ask
2 A Yes. 2 you to please move on with the remainder of your
3 MS. HENRY: Mr. Santeiro. 3 questions.
4 MR. SANTEIRO: Yes? 4 MR. SANTEIRO: Okay. Fair enough.
5 MS. HENRY: Unless you can lay a predicate that 5 All right. We can move on from that.
6 Dr. Rodriguez reviewed this record, and relied on it 6 MS. HENRY: Thank you.
7 at the time of her care and treatment, it would be 7 MR. SANTEIRO: Okay.
8 outside the scope of her ro
Preview
Filing # 181962374 E-Filed 09/16/2023 12:55:15 PM IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND FOR OSCEOLA COUNTY, FLORIDA XIAO SHENG YUE, Plaintiff, CASE NO.: 2020-CA-1106AN v. CYNTHIA M. FOERSTER AND CHAPP, INC., Defendants. ______________________________/ DEFENDANTS, CYNTHIA M. FOERSTER AND CHAPP, INC.’S, NOTICE OF FILING DEPOSITION TRANSCRIPT OF KENIA RODRIGUEZ-SPENGLER, PSY.D COMES NOW, Defendants, CYNTHIA M. FOERSTER and CHAPP, INC., by and through the undersigned counsel, and hereby give Notice of the Filing with the Court of the Deposition Transcript of KENIA RODRIGUEZ-SPENGLER, PSY.D, dated October 27, 2021. Said deposition transcript is for use at trial. CERTIFICATE OF SERVICE I HEREBY CERTIFY that, on this 16th day of September 2023, I electronically filed the foregoing with the Clerk of the Court via the Florida Courts’ e-Filing Portal, pursuant to and in compliance with Rule 2.516, Florida Rules of Judicial Administration, which completes service by furnishing a true and correct copy of the foregoing via electronic mail to all counsel of record. LAW OFFICES OF SANTEIRO & GARRISON /s/ Jorge Santeiro Jorge Santeiro, Esq. FBN 66230 6300 University Parkway Suite 101 Sarasota, FL 34240 Tel: (800) 226-3224, ext. 1021 Primary: jsanteiro@fcci-group.com Secondary: ssmith5@fcci-group.com Secondary: legalservice@fcci-group.com 1 2 1 IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT 1 REMOTE APPEARANCES IN AND FOR OSCEOLA COUNTY, FLORIDA 2 2 PRESENT ON BEHALF OF PLAINTIFF: XIAO SHENG YUE, 3 3 MANUEL F. STEFAN, ESQUIRE Plaintiff, Morgan & Morgan, P.A. 4 4 4495 South Semoran Boulevard vs. CASE NO.: 2020-CA-1106AN Orlando, Florida 32822-2461 5 5 PH: (407) 452-6982 CYNTHIA M. FOERSTER AND mstefan@forthepeople.com 6 CHAPP, INC., 6 7 Defendants. 7 PRESENT ON BEHALF OF DEFENDANTS: __________________________/ 8 8 JORGE SANTEIRO, JR., ESQUIRE VIDEOTAPED DEPOSITION OF: Law Offices of Santeiro & Garrison 9 KENIA RODRIGUEZ-SPENGLER, PSY.D., 9 6300 University Parkway, Suite 101 APPEARING REMOTELY FROM ORANGE COUNTY, FLORIDA Sarasota, Florida 34240 10 (Pages 1 - 78) 10 PH: (800) 226-3224, Ext. 1021 jsanteiro@fcci-group.com 11 11 ssmith5@fcci-group.com October 27, 2021 legalservice@fcci-group.com 12 9:41 a.m. - 11:14 a.m. 12 13 13 PRESENT ON BEHALF OF THE WITNESS/DEPONENT: 14 14 SHARON HENRY, ESQUIRE Mateer & Harbert, P.A. 15 15 P.O. Box 2854 Orlando, Florida 32802-2854 16 16 PH: (407) 425-9044 shenry@mateerharbert.com 17 17 18 18 ALSO PRESENT: 19 19 GINA GARCIA, VIDEOGRAPHER U.S. Legal Support, Inc. 20 20 21 21 22 22 REPORTED BY: 23 23 Stephanie A. Walters 24 Stenographic Shorthand Reporter 24 25 APPEARING REMOTELY FROM HILLSBOROUGH COUNTY, FLORIDA 25 3 4 1 INDEX OF PROCEEDING 1 P-R-O-C-E-E-D-I-N-G PAGE 2 2 The remote videotaped deposition of APPEARANCES 2 3 3 Kenia Rodriguez-Spengler, Psy.D., was taken pursuant DEPOSITION OF KENIA RODRIGUEZ-SPENGLER, PSY.D.: 4 4 to notice by counsel for the defendants on October Direct Examination by Mr. Santeiro 6 5 Cross-Examination by Mr. Stefan 53 5 27, 2021, at 9:41 a.m. Said deposition was reported Redirect Examination by Mr. Santeiro 66 6 6 remotely from Hillsborough County, Florida, by CERTIFICATE OF OATH 75 7 7 Stephanie A. Walters, Stenographic Shorthand CERTIFICATE OF REPORTER 76 8 8 Reporter, Notary Public, State of Florida at Large. WITNESS READ-AND-SIGN LETTER 77 9 9 * * * * * ERRATA SHEET 78 10 10 (The witness presented her government-issued E-X-H-I-B-I-T-S 11 11 identification and identity verified.) DEPOSITION 12 EXHIBIT DESCRIPTION PAGE 12 THE VIDEOGRAPHER: Good morning. We are on the 13 A Dr. Rodriguez-Spengler's Report 71 13 record at 9:41 a.m., Eastern Standard Time, October 14 B Dr. Rodriguez-Spengler's CV 73 14 27th, 2021. Audio and video recording will continue 15 15 to take place until all parties agree to go off the 16 16 record. 17 17 Please note that microphones are sensitive and 18 18 may pick up whispering and private conversations. 19 19 Private conversations and/or attorney-client 20 20 interactions should be held outside the presence of 21 21 the remote interface. 22 22 This is the remote video-recorded deposition of 23 23 Dr. Kenia Rodriguez-Spengler, taken by the counsel 24 24 for the defendant, in the matter of Xiao Sheng Yue 25 25 vs. Cynthia Foerster and Chapp, Inc., filed in the 5 6 1 Ninth Judicial Circuit, in and for Osceola County, 1 They further acknowledge that, in lieu of an oath 2 Florida. The deposition is being held at U.S. Legal 2 administered in person, I will administer the oath 3 Support remote video conference. 3 remotely. The parties and their counsel consent to 4 My name is Gina Garcia. I am the videographer, 4 this arrangement and waive any objections to this 5 on behalf of U.S. Legal Support, located at 4200 5 manner of reporting. 6 West Cypress Street, 750, Tampa, Florida 33607. The 6 THE COURT REPORTER: Doctor, will you go ahead 7 court reporter is Stephanie Walters, on behalf of 7 and raise your right hand? 8 U.S. Legal Support. I'm not related to any party in 8 THE WITNESS: (Complies.) 9 this action nor am I financially interested in the 9 THE COURT REPORTER: Do you swear or affirm the 10 outcome. 10 testimony you're about to give will be the truth, 11 Counsel will state their appearances for the 11 the whole truth, and nothing but the truth so help 12 record, after which the court reporter will enter 12 you God? 13 the statement for remote proceedings into the record 13 THE WITNESS: I do. 14 and swear in the witness. 14 THE COURT REPORTER: Thank you. 15 MR. STEFAN: Manny Stefan, on behalf of the 15 WHEREUPON, 16 plaintiff, Xiao Sheng Yue. 16 KENIA RODRIGUEZ-SPENGLER, PSY.D., 17 MR. SANTEIRO: Yes. Good morning. 17 the witness herein, having been first duly sworn, was 18 Jorge Santeiro, and I represent Cynthia Foerster and 18 examined and testified as follows: 19 Chapp, Inc., the defendants in this matter. 19 DIRECT EXAMINATION 20 MS. HENRY: Sharon Henry, I'm appearing on 20 BY MR. SANTEIRO: 21 behalf of the witness. 21 Q Hello, Doctor. My name is Jorge Santeiro. I 22 THE COURT REPORTER: The attorneys 22 represent the defendants in this matter, and I'm here to 23 participating in this deposition acknowledge that I 23 take your deposition. 24 am not physically present in the deposition room and 24 First of all, before I get too much further, 25 that I will be reporting this deposition remotely. 25 should I refer to you as Dr. Spangler, or 7 8 1 Dr. Rodriguez-Spengler? What is your preference? 1 Then, I did my residency at -- actually, my 2 A Dr. Rodriguez. 2 internship, at Jackson Memorial - University of Miami, 3 Q Okay. Dr. Rodriguez. Very well. 3 there for one year in a rehab unit and outpatient 4 Dr. Rodriguez, what do you do for a living? 4 neuropsychological clinic, and then two years of 5 A I'm a clinical psychologist, specialize in 5 neuropsychological residency at UM as well, under 6 neuropsychology. 6 Dr. Bonnie Levin. 7 Q Okay. And can you please let the ladies and 7 Q Okay. So when did you receive your -- is it a 8 gentlemen of the jury know what a neuropsychologist is? 8 Psy.D. degree; is that the correct nomenclature? 9 A A neuropsychologist is a specialized 9 A Yes. So when did I receive it? 10 psychologist who evaluates/assesses the cognitive 10 Q Yes. 11 function of an individual. 11 A I'm glad you asked me to have my CV up, because 12 Q Very well. 12 here I go. 2008. 13 And what where do you work, currently, as a 13 Q So, 2008, you graduated with a doctorate in 14 neuropsychologist? 14 neuropsychology; is that fair to say -- 15 A Orlando Health. 15 A Yes. 16 Q Okay. And can you please go over, very 16 Q -- for laypeople? 17 briefly, what your education, training and background is 17 And then beyond that, you had -- I think I 18 to become a neuropsychologist? 18 counted four additional years of training; is that 19 A Okay. So I first got my bachelor's degree at 19 correct? 20 Southern Adventist University in Tennessee. That was a 20 A After that, it was two more years. 21 bachelor's degree in psychology. 21 Q Okay. Two more years. And that, you said, was 22 I went to Nova Southeastern University after 22 at the University of Miami - Jackson Memorial Hospital? 23 that and completed my master's in science in clinical 23 A Yes. 24 psychology, and then my doctorate of psychology, with a 24 Q Okay. Now, what kind of work do you do, going 25 specialty in neuropsychology. 25 through residency and internship training, 9 10 1 post-doctorate, like you did? 1 A I've had membership with NAN, APA, FPA -- I 2 A What I'm doing -- what I did there mostly was 2 don't know if you want me to spell those out for -- 3 seeing patients on an outpatient basis. Those patients 3 Q What does NAN stand for? 4 were referred to us from different specialties, but 4 A Okay. NAN is -- I believe it's National 5 usually from neurology, and what I did was conduct 5 Academy of Neuropsychology. 6 clinical interviews, and then perform neuropsychological 6 Q Okay. 7 assessments with individuals who are referred for 7 A Then, the Florida Association of Psychology, 8 different reasons, and then write up the report, under 8 and the Hispanic Neuropsychological Association. 9 the supervision of my supervisor at that time. 9 Q And I think you said the APA. Is that the 10 Q Okay. Now, is there such a thing, within your 10 American Psychological Association? 11 field, as a board certification or a certification of 11 A Yes, but, actually, I'm not a member of that 12 some kind? 12 anymore; that was in the past. 13 A There is. 13 Q And I just want to clarify something, and just 14 Q Okay. And are you board certified in your 14 because we do have a number of different specialties 15 field? 15 involved in this case, and just to help the jurors out a 16 A I am not. 16 little bit: Is there a difference between a 17 Q Okay. And are you in the process of getting 17 psychologist, such as you, or a neuropsychologist, 18 board certified, or, you know, what's going on there? 18 versus a psychiatrist? That's a different field 19 A I am not. 19 altogether, correct? 20 Q Okay. And it's not required to practice as a 20 A It is a different field altogether, yes. 21 neuropsychologist, to be board certified, right? 21 Q So just briefly, a psychiatrist is a medical 22 A Right. 22 doctor that specializes in psychiatry versus the path 23 Q Okay. Are you a member of any professional 23 that you took, which is related; you have some 24 organizations or academic associations in the field of 24 similarities, but it's a very different field, isn't it? 25 neuropsychology? 25 A Correct. 11 12 1 Q Okay. Now, in terms of your qualifications as 1 A Typically, what I'm looking for is why are -- 2 a psychologist, let me talk -- ask you some -- you said 2 why is the patient here; why are they looking for a 3 you learned how to the administer psychological or 3 neuropsychological evaluation, or why they have been 4 neuropsychological testing; is that correct? 4 referred what their symptoms are. 5 A Yes. 5 And so I'll review whatever their -- they've 6 Q Okay. And what is neuropsychological testing? 6 told me. I review it and try to get as much information 7 A They are the tests that are used to assess 7 from them as possible about what they're reporting, and 8 someone's cognitive functioning. 8 usually go over their medical history with them, psych 9 Q Okay. And -- but there is more to your 9 history. And that's usually what I'm looking for, just 10 practice than simply administering tests; is that 10 to try to get everything from them. 11 correct? 11 Q Okay. 12 A Yes. 12 A And then -- 13 Q And I guess what I'm trying to get at is, when 13 Q Go ahead. 14 you're evaluating a patient, I mean, what are you 14 A Go ahead. 15 looking at, the whole patient, or just what the test 15 Q I didn't mean to interrupt you. 16 results are? 16 A No, go ahead. That was it. 17 A No, what we try to do is look at the whole 17 Q What is a differential diagnosis? 18 patient. 18 A A differential diagnosis is what else could be 19 Q Okay. So I know you do an interview with your 19 happening, what else it could be. 20 patients as part of your evaluations; is that correct? 20 Q Okay. So in this case, we're here obviously 21 A Right. 21 about your patient, Dr. -- he's a medical doctor in 22 Q And what kind of -- what's important to you as 22 China, Xiao Sheng Yue, correct? 23 part of your clinical interview that you do with your 23 A Uh-huh. 24 patients when -- when you're assessing somebody from a 24 Q Okay. So -- and Dr. Yue was referred to you as 25 neuropsychology standpoint? 25 a patient by whom -- 13 14 1 A Dr. -- 1 there things besides a brain injury that are known to 2 Q -- in your records? 2 impact someone's cognitive complaints, cognitive 3 A -- Yassar Chafke -- 3 abilities, and scores on cognitive tests? 4 Q Okay. 4 A Yes. 5 A -- is what it says -- my report says. 5 Q For example, what kinds of things might affect 6 Q And Dr. Chafke, I guess, is a neurologist that 6 somebody's cognitive ability other than a brain injury? 7 was seeing Mr. Yue -- Dr. Yue? 7 A Their mood; or language; pain; anxiety. Those 8 A I don't know what his specialty is, unless I 8 are some examples. 9 wrote it in my report, but I don't -- I don't know what 9 Q Okay. Very good. 10 his specialty is. 10 Now, looking at your report, we have a report 11 Q Okay. So when you're assessing a patient, such 11 dated, I guess, March 18th, 2019. Do you have that with 12 as Dr. Yue in this case, do you go through the process 12 you, Doctor? 13 of a differential diagnosis? 13 A I do. 14 A We're always considering a differential 14 Q And it's labeled "Neuropsychological 15 diagnosis, so that's what the assessment is. 15 Evaluation" of Dr. Yue, correct? 16 Q Okay. And does your assessment include all 16 A Yes. 17 aspects of the person, such as their emotional status, 17 Q All right. Good. 18 psychosocial history, and their physical health status? 18 Now, in the first paragraph, what were you 19 A That is what we try to do, yes. 19 asked to assess, in terms of Dr. Yue? 20 Q Okay. Now, in this case, I guess Dr. Yue was 20 A His cognitive abilities. 21 referred to you with respect to a possible concussion or 21 Q Okay. So just to be clear, your -- well, when 22 mild traumatic brain injury; is that correct? 22 Dr. Chafke referred Dr. Yue to you, you weren't asked to 23 A Yes. 23 test for a concussion; you were trying to assess his 24 Q Okay. Now, before we go into your care and 24 current cognitive abilities, right? 25 your evaluation of Dr. Yue, as a neuropsychologist, are 25 A Right. 15 16 1 Q Okay. Does that mean that as -- within your 1 neurologist." 2 specialty as a neuropsychologist, you can take a broader 2 Q Right. I understand. I guess my -- that was a 3 perspective and look at, you know, many other areas of 3 poorly worded question on my behalf. 4 functioning and other things going on in that person's 4 But if you have a patient that comes in and is 5 life to determine what is going on with them? 5 concerned about difficulties that they believe are a 6 A Right. 6 brain tumor, and you have a report that says, "No, there 7 Q Okay. Very good. 7 is no brain tumor," you know, do you look at other 8 Now, with respect to Dr. Yue, is it important 8 things that might be affecting that person? 9 to consider a differential diagnosis, or is it just to 9 A Sure. 10 zero in on the complaining -- you know, mild traumatic 10 Q Okay. All right. And the reason being is why? 11 brain injury/concussion? 11 Why is it important to figure out what is exactly 12 A Well, what I do is, I try to assess what the 12 causing this person's problems? 13 patient is being referred for. So I'm not going to see 13 A Well, we're looking to see what could be 14 if there's something else, other than what the patient 14 impacting that patient's cognitive functioning. 15 is presenting for. 15 Q And it could affect that person's care and 16 Q Okay. And I guess by way of example, if you 16 treatment, correct, if it's being attributed to the 17 have a patient that comes in and they're experiencing 17 wrong thing? 18 cognitive difficulties, and they're convinced they have 18 A Yes. 19 a brain tumor, is it important to find out whether 19 Q Okay. Now, in your report, it appears that you 20 indeed they have a brain tumor, or whether there might 20 reviewed some records as part of your review. Do you 21 be other things going on that are affecting their 21 have a list of whatever records you were provided as 22 cognitive abilities? 22 part of your assessment? 23 A I can't diagnose a brain tumor. So if they did 23 A I just have -- I don't know if I listed it. I 24 have a brain tumor, I would say, "Well, if that's 24 don't list the records on here. 25 something you think, then let's" -- "you should see a 25 Q Okay. 17 18 1 A Every once in a while, I might say, "As is 1 was provided to you in terms of a history, or your 2 reported on the medical records," but it's -- I didn't 2 review of records? 3 list which medical record, no. 3 A I am repeating what is provided to me. 4 Q Okay. All right. So you did review some 4 Q Okay. And when you review your notes from your 5 records, but you're not sure exactly which ones. And 5 interview with Mr. Yue, he indicated that he was hit 6 that's okay; I just wanted to see if you had that. 6 behind by another vehicle, and that he hit his head on 7 What's the purpose of reviewing prior records, 7 the steering wheel, correct? 8 in general? 8 A That's what it says here. 9 A Well, it's important to know what other doctors 9 Q He also reported what he believes was a 10 have found. So an example you just gave: if there's a 10 10-minute loss of consciousness, correct? 11 brain tumor, you know, then that's important to know. 11 A That's what he told me, from the report I have, 12 So it's important to know what the medical -- you know, 12 yes. 13 the medical history, and that's usually included in that 13 Q Okay. Now, it looks like you reviewed an MRI 14 medical record. 14 report dated 9/27/18, indicating some moderate white 15 Q Okay. Now, I wanted to ask you something -- 15 matter disease, correct? 16 because you did take a history of Mr. Yue, correct? 16 A Right. 17 A Right. 17 Q Now, again, we're going to go back and talk 18 Q All right. And there's a section of your 18 about specialties a little bit. Your specialty is not 19 report, on the first page, that says, "History of 19 to interpret brain MRI's, correct? 20 Presenting Problem," and the first thing that you 20 A Correct. 21 indicated is, "Patient is here due to mild traumatic 21 Q So you would leave that to -- would it be fair 22 brain injury after being involved in a motor vehicle 22 to defer to the radiologist, and possibly the 23 accident on September 11th, 2018." 23 neurologist, to review those? 24 I just wanted to get from you, Doctor, is that 24 A Yes. 25 a diagnosis from you, or are you simply repeating what 25 Q So you're just repeating -- which is fine -- 19 20 1 you're repeating what's in that report, correct? 1 whether the person had a loss of consciousness; whether 2 A Correct. 2 there was an evaluation of the person's head, to see if 3 Q All right. Aside from the brain MRI that 3 there was any bumps or bruises; sometimes there is 4 you -- or report of a brain MRI that you reviewed, what 4 imaging done; you know, sometimes they assess the 5 other types of records -- in a case like this, where 5 Glasgow coma score. Is that one of those things you 6 somebody is claiming a brain injury from a car accident, 6 would like to see, that were documented immediately 7 what kind of records would you like to be provided in 7 after the crash? 8 order to review? 8 A It's not always important. If I have the 9 A Would I like to be provided? 9 information, it's good; and, if not, it's -- it doesn't 10 Q Yes. 10 affect -- it doesn't really impact the diagnosis. 11 A I don't have a preference, but I typically, if 11 Q Okay. So I'm just trying to understand. Let's 12 it's a post-concussion or if it's a traumatic brain 12 assume that there is an EMS report that, one way or the 13 injury, such as this, I would like neurology records. 13 other, diagnoses whether or not there was a loss of 14 Q So you would like neurology records? What 14 consciousness; also assesses whether or not the person 15 about if the person was -- you indicated that he was 15 was alert and oriented at the scene; assesses whether 16 taken to the hospital by ambulance. Would you like to 16 the Glasgow coma scale was 10 or a 15. Wouldn't it be 17 see those records, if they're available? 17 nice, if available and it provided to you, to review 18 A Yeah, it sometimes doesn't matter if the 18 those records? 19 neurology report has some of that information. 19 A Yes. 20 Q Okay. 20 Q Okay. All right. Now, let's talk about the 21 A So it depends. And if I feel I have enough 21 clinical -- or diagnostic interview. Were you able to 22 information from other sources, then I don't need the 22 get a history from Dr. Yue regarding his life and his 23 hospital records. 23 concerns? 24 Q Okay. And the reason I ask is, sometimes the 24 A I did get some information, which is what I 25 EMS report, sometimes the ER report will evaluate 25 wrote on here. 21 22 1 Q Okay. Were you able to communicate adequately 1 he reported? 2 with Dr. Yue? 2 A Okay. What I have here in my report is that he 3 A So, in reviewing my record here, it shows that 3 reported feeling foggy; slow-processing speed; 4 I was having some difficulty with communication with 4 difficulty recalling recent conversations; trouble 5 him. 5 finding his car in a parking lot; difficulty spelling; 6 Q And why was that? 6 when he was driving, he was forgetting his destination, 7 A He seemed to have difficulty understanding what 7 was using a GPS; misplacing personal items; trouble with 8 I was saying; I had trouble understanding what he was 8 comprehension, problem solving, attention, memory, 9 saying; and so we had to restate and simplify things a 9 verbal comprehension, reading comprehension, speech and 10 few times. 10 word finding. 11 Q Okay. And did you conduct the interview in 11 Q Did Dr. Yue deny depression and anxiety? 12 English? 12 A He denies depression and anxiety, but 13 A I did. 13 acknowledges stress due to cognitive changes, is what I 14 Q Did he have an interpreter or somebody 14 wrote here. 15 interpreting for him present? 15 Q So he did not report symptoms to you 16 A I did not; he did not. 16 consistent -- or that would allow you to diagnose PTSD; 17 Q Okay. And to your knowledge, did he come to 17 is that correct? 18 your office alone? 18 A Correct. Well, hold on a second. What did I 19 A As far as I know, yes. 19 write here? 20 Q Okay. And to your knowledge, does it appear 20 MR. STEFAN: Can you repeat that last question? 21 that he drove himself to your office? 21 Sorry, Jorge, you cut out just a smidge. 22 A I don't know. 22 MR. SANTEIRO: I forgot how I phrased it. 23 Q Okay. So what -- I guess he reported a number 23 MR. STEFAN: If you can read it back. 24 of cognitive difficulties. Can you provide a list of 24 MR. SANTEIRO: Did -- did -- I -- let me try 25 those difficulties, those cognitive difficulties, that 25 it. 23 24 1 BY MR. SANTEIRO: 1 A Whatever I wrote here, so what you read 2 Q So he did not report symptoms that would lead 2 earlier: He was hit from behind by another vehicle, and 3 you to a diagnosis of PTSD? 3 states his airbags did not deploy, and hit the steering 4 MR. STEFAN: Okay. Thanks. 4 wheel. He proceeded to experience approximately 10 5 THE WITNESS: Well, he denied anxiety. He 5 minutes of LOC, but remembers being taken to the 6 denied anxiety, but he was having some nightmares 6 hospital by ambulance. 7 associated to the accident. 7 Q Have you seen photos of the crash, by the way, 8 BY MR. SANTEIRO: 8 Dr. Rodriguez? 9 Q Associated to the accident? Yeah, so, I mean, 9 A I have not. 10 so he said he was having nightmares, what, a couple 10 Q Now, when did Dr. Yue tell you that his 11 times a week, you said -- 11 symptoms began? 12 A Right. 12 A After the accident. 13 Q -- associated to the accident? 13 Q After which accident, the 20 -- 14 A Uh-huh, yes. 14 A The 2018 accident. 15 Q Now, if somebody's having nightmares a couple 15 Q So -- 16 times a week about an event, would you expect it to be 16 MR. STEFAN: Can we go off the record super 17 kind of a significant event or collision to cause that? 17 quick before that next question? Just give me one 18 A I'm sorry? 18 second. Are you okay with that? 19 Q Yes, if somebody is having nightmares about an 19 MR. SANTEIRO: Yeah, of course. 20 event, such as a car accident, would you expect it to be 20 MR. STEFAN: Okay. Thanks. 21 somewhat of a significant event, or significant crash, 21 THE VIDEOGRAPHER: Do we want to stay on the 22 not just a fender-bender? 22 video record, or would you like to go off? 23 A It could be a significant event. 23 MR. STEFAN: Yeah, we're back. Sorry. 24 Q What did Dr. Yue tell you about the crash, if 24 THE VIDEOGRAPHER: Okay. 25 anything? 25 MR. SANTEIRO: That was quick. 25 26 1 BY MR. SANTEIRO: 1 A I don't know if it's a big deal. 2 Q Okay. So just to go back to where we were, 2 Q Okay. But the way that it was reported to you, 3 Doctor, you computed his symptoms beginning September 3 it sounded like he was -- no big deal? 4 11, 2018; is that correct? 4 MR. STEFAN: Objection. 5 A Right. 5 BY MR. SANTEIRO: 6 Q Now, did he tell you that he had actually 6 Q Is that right? 7 reported, to numerous doctors, that his symptoms 7 You could the answer the question. Yeah, he 8 actually began the year before, during a car crash in 8 objects -- 9 2017? 9 A I don't know if it was a big deal. It was just 10 A I don't remember him telling me that, and I 10 that's what he reported: a brief period, hospitalized 11 just remember what's in the report, so I don't remember 11 and discharged the same day. 12 a conversation about it. 12 Q So he did tell you about the car crash that 13 Q Now, he did mention the car crash -- well, 13 occurred in 2017, where he was followed up by a 14 under your "medical and psychiatric history," on 14 neurologist for dizziness, headache, low back pain, 15 page 2 -- 15 memory difficulty, neck pain, and tingling in his 16 A Right. 16 upper -- upon rotating his neck? 17 Q -- if you can turn to that. 17 A He told me about the eval -- about the -- about 18 So he didn't mention a prior car accident; do 18 the accident two years ago. 19 you see that? 19 Q Okay. And did he tell you that he reported to 20 A Yes. 20 his neurologist, Dr. Sharfman, that a vehicle -- this is 21 Q And what did he say about that prior car 21 in 2017 now -- a vehicle rear-ended him and he hit his 22 accident? 22 head on a steering wheel? 23 A That he was confused for a brief period, 23 A I did not have that information. 24 hospitalized and discharged the same day. 24 Q Okay. Did he relay to you that he experienced 25 Q Not a big deal, right? 25 a loss of consciousness -- 27 28 1 A No. 1 Q Did he tell you that he had a -- I know you 2 Q -- and once he came to, he got out of the 2 reviewed a brain MRI that was taken in 2018, after our 3 vehicle? 3 accident, correct? 4 A All I have is that he said he was confused for 4 A Right. 5 a brief period, hospitalized and discharged the same 5 Q Did he not tell you that he had a brain MRI 6 day. That's all I have about that. 6 following the 2017 accident as well? 7 Q I know, and it's not your fault, Doctor. I'm 7 A I don't have any information about that 8 just trying to figure out, you know, what Dr. Yue told 8 accident other than what I wrote in my report. 9 you and what he did not tell you, okay, so please bear 9 Q I understand. Now, what were the findings, at 10 with me. 10 least on the report that you reviewed, from the 2018 11 And did he tell you that, after the 2017 11 MRI? 12 accident, he relayed to Dr. Sharfman that he was very 12 A The findings I have here is that it indicated 13 confused, could not speak coherently, so he took his 13 moderate white matter disease, involvement in the great 14 license out to exchange it with the other driver? 14 white matter interface, which is a common location for 15 A Can you repeat that? 15 post-traumatic axonal-shearing injury, and moderate 16 Q Yes. Did he tell you that, after that 16 frontotemporal atrophy. 17 August 14th, 2017, accident, that he was very confused 17 Q Doctor, I'm going to share my screen really 18 and could not speak coherently? 18 quickly with you, because I know you have not seen this 19 A I do not have -- I don't have any of that 19 record before, and I hate to spring this on you, but I 20 information from that accident. 20 just thought it'd be fair to show you what -- can you 21 Q And he didn't tell you, either, that he 21 see an MRI report that I put up on my screen? It -- 22 reported a loss of bladder at the accident scene, 22 A Yes. 23 either, did he? 23 Q -- says -- 24 A I don't have any information, at all, about 24 A Yes. 25 that accident. 25 Q All right. And that MRI was done on September 29 30 1 5th, 2017; do you see that? 1 protective order on this line of questioning and ask 2 A Yes. 2 you to please move on with the remainder of your 3 MS. HENRY: Mr. Santeiro. 3 questions. 4 MR. SANTEIRO: Yes? 4 MR. SANTEIRO: Okay. Fair enough. 5 MS. HENRY: Unless you can lay a predicate that 5 All right. We can move on from that. 6 Dr. Rodriguez reviewed this record, and relied on it 6 MS. HENRY: Thank you. 7 at the time of her care and treatment, it would be 7 MR. SANTEIRO: Okay. 8 outside the scope of her ro